Wednesday, August 19, 2009 Chairman Garlock called the meeting to order at 9:10 a.m.

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1 MINUTES FOR BOARD MEETING OF THE NEVADA STATE BOARD OF ARCHITECTURE, INTERIOR DESIGN AND RESIDENTIAL DESIGN August 19, 2009 Board Conference Room, 2080 E. Flamingo Rd., Suite 120, Las Vegas, NV Wednesday, August 19, 2009 Chairman Garlock called the meeting to order at 9:10 a.m. Roll Call: Greg Erny, Judith Fermoile, George Garlock, John Klai, JoAnn Oppenheimer Gore, Derrell Parker and Bill Snyder. Larry Henry and Larry Tindall were excused. Also in attendance: Gina Spaulding, Executive Director; Betty Ruark, Chief Investigator; Kimberly Arguello, Legal Counsel; Monica Harrison and Stacey Hatfield, staff. AGENDA ITEM 1 Approval of consent agenda Consent agenda included the following: A. Approval of Agenda B. Approval of Minutes: June 10, 2009 C. Secretary/Treasurer Report 1. Nevada Architect, Registered Interior Designer and Residential Designer Licensing Statistics 2. Smith Barney quarterly statement, Bank of America, Community Bank monthly statements and NSBAIDRD QR month ended 6/30/09 D. Ratification of Reciprocal Licenses (see attached list) E. Firm Name Approval Requests 1. B+P and G 2. NIAFUS 3. S2 Architects 4. Wendy Starr Designs, LLC 5. WORKLEY Architects, Inc. 6. PAZ Design Group F. Firm Registration Approval Requests 1. SHAE, INC Architects: Registration by reciprocity 6419 Mitchell J. Campagna 6432 Jeffrey W. Olson 6445 Frank A. Sipe 6420 Robert W. Darlington 6433 Eric B. Rhodehannel 6446 Jonathan E. Stern 6421 David A. Hawkins 6434 Mark J. Robbins 6447 Eric A. Zenoni 6422 David B. Smith 6435 John R. Shaw 6448 Raymond S. Chan 6423 Paul E. Sterner 6436 Rodney C. Chitwood 6449 Neil P. Clark 6424 Timothy F. Wentz 6437 Paul A. Evans 6450 Eugene L. Hunt 6425 John F. Borrelli 6438 Michael G. Hull 6451 Jered M. Plouzek 6426 Robert C. George 6439 Jerry D. Locati 6452 William W. Sheely 6427 Mark A. Roesslein 6440 Guillermo Monter-Cervano 6453 Rachel B. Williams 6428 Nathaniel W. Shea 6441 Derek T. Payne 6454 Douglas P. Oldham 6429 Chris W. Barnes 6442 Joseph A. Ranaldi 6455 Ian R. Chin 6430 Harry J. Hunderman 6443 Rodney J. Round 6456 William D. Rutherfod 6431 Michael B. Kennedy 6444 Michael G. Simmonds Residential designers: Registration by reciprocity 294-P Jean M. Morgan 295-P Charles L. Winfrey Board members requested agenda items 1C-2 and 1E-6 be pulled from the consent agenda. Page 1 of 8 August 19, 2009

2 Motion: Snyder moved to approve the consent agenda, items 1A through 1C-1, 1D through 1E-5 and 1F-1. Motion seconded by Klai. AGENDA ITEM 1C-2 Smith Barney quarterly statement, Bank of America and Community Bank monthly statements, and NSBAIDRD QR month ended 6/30/09 Garlock asked about interest rates and bank accounts. Spaulding updated the board on the accounts. Board members discussed strategies to keep the board s reserves safe. Motion: Klai moved to approve the Smith Barney quarterly statement, Bank of America and Community Bank monthly statements, and NSBAIDRD QR month ended 6/30/09. Motion seconded by Fermoile. AGENDA ITEM 1E-6 Firm name approval request: PAZ Design Group Motion: Klai moved to approve the firm name PAZ Design Group. Motion seconded by Parker. Board members asked how many firm names one registrant can have. Howard Perlman, the registrant applicant, currently has five firm names approved. They said it can be difficult for a client to track down and find a registrant if the firm name continually changes. Spaulding said every firm name that has been approved by the board is in the database and attached to a registrant. If a person calls to find a firm, staff can direct him to the registrant s current information. Spaulding added that the database does not currently track if a firm is defunct; that is information she would like to add in the upcoming database redesign. Motion to amend: Klai moved to amend his original motion to approve the firm name PAZ Design Group, contingent upon receiving updated information from Mr. Perlman as to which of his firms are active. Motion to amend seconded by Parker. AGENDA ITEM 2A Deliberations/Action on applications for registration: Architectural Snyder swore in the following individuals as architects: 1. Taichi Azegami Travis C. Bryan Michael R. Larson Jacob K. Young Motion: Klai moved to approve the registration of the above referenced individuals as architects. Motion seconded by Erny. Garlock asked if the new registrants had any comments about the registration process. One new registrant said that his process was fairly easy. He said the only hang-up was getting his IDP approved through NCARB because he submitted so much experience at once, just before the six-month rule was implemented. Page 2 of 8 August 19, 2009

3 AGENDA ITEM 3 Discussion and possible decision regarding David Harris s application for architectural registration pursuant to NAC (b)(1-3) Spaulding said Mr. Harris received his initial Nevada license as a residential designer in 1978 and then got his architectural license by examination in He maintained his Nevada architectural license until 2002, when he let it lapse. He recently received his Nevada residential designer license, by reciprocity, and is before the board today asking for his architectural license to be restored. He is not required to have NCARB certification since he was an architect by examination in Nevada; he is required to come before the board for an oral interview. Mr. Harris addressed the board and answered board member questions. Harris explained that he let his Nevada license lapse as he was no longer practicing in Nevada; he was practicing in Minnesota. He is now returning to Nevada, at least part time, and would like to practice architecture here again. He said he has not had disciplinary action in any state. Motion: Erny moved to restore David Harris s architectural license. Motion seconded by Snyder. AGENDA ITEM 4 Review and possible approval of the draft continuing education frequently asked questions to be added to the board s website Board members reviewed the draft continuing education FAQs and made edits to the document. Spaulding asked how many CEUs would be earned for a college or university course. Board members said the CEUs earned would equal how many hours the registrant was in the course. For example, if a course is three hours every week for eight weeks, the registrant would earn 24 structured credits. Spaulding asked how long a registrant would have to comply with the requirement if certain CEU credits were disallowed by the board. Board members said registrants must comply within 30 days. Spaulding asked about CEUs earned for the LEED exam, or other certification exams. Board members said registrants could earn CEUs for the number of hours spent learning the material; they could not earn CEUs for simply passing the exam. Hatfield asked if registrants could earn CEUs by pretesting exams, such as ARE. Board members said yes, they could earn CEUs by pretesting exams. Motion: Oppenheimer Gore moved to approve the draft continuing education FAQs, as amended in discussion by the board. Motion seconded by Fermoile. AGENDA ITEM Legislative Session debriefing James Wadhams, Board Lobbyist Mr. Wadhams addressed the board and summarized what happened at the 2009 legislative session. The board adjourned for lunch. AGENDA ITEM 6A-1 Case No N In the matter of Anthony Beaver Garlock said this item was pulled from the agenda. AGENDA ITEM 6A-2 Case No N In the matter of Doug and Richard Watts The respondents are alleged to have violated NRS (a)(b)(c) by submitting a set of construction documents for plan check and permitting to the Mesquite Building Department that were not prepared by themselves or their bona fide employee. Page 3 of 8 August 19, 2009

4 This enforcement case is in follow-up to case N, in which the board found a non-registrant to be in violation of NRS (a)(b)(c), when he prepared construction documents for a commercial tenant improvement project of a dental office located in Mesquite, Nevada. The construction documents were submitted to the Mesquite Building Department by Richard Watts Construction, Inc. Both Doug and Richard Watts signed attestations on the drawings submitted for plan check that read, Watts Construction Co, Inc., Nevada License: 30239, Plans prepared by Doug Watts, Architectural plans are submitted as per NRS Exemption 624. The respondents were sent a Notice of Investigation concerning this project and a letter of response was received. The respondents case was discussed with Chief Investigator Ruark and the decision was made to offer the respondents an opportunity to settle the issue informally rather than face a disciplinary hearing before the board. A settlement agreement was negotiated incorporating a Guilt Clause, an Assurance of Discontinuance Clause, an administrative penalty of $5,500 and investigative costs in the amount of $1,400. Staff recommends approval of the settlement agreement. Motion: Klai moved to approve the settlement agreement. Motion seconded by Fermoile. AGENDA ITEM 6A-3, 6A-4 Case Nos N and N In the matter of Gameli Cruz Ricardez Motion: Snyder moved to approve the settlement agreement. Motion seconded by Klai. The respondent is alleged to have violated NRS (a)(b)(c) by holding himself out as being qualified to practice architecture, and by engaging in the practice of architecture, without having a certificate of registration issued by the board. Bach located an advertisement in the Nifty Nickel publication offering architectural services by the respondent. Additionally, a review of his website, revealed that the respondent was calling himself an architect and offering to provide services that fall under the practice of architecture. A second case was opened when information was received from the Nevada State Contractor s Board that the respondent had filed a complaint with that board for nonpayment for architectural drawings he had provided to a contractor. Information voluntarily submitted by the respondent revealed that he had prepared tenant improvement plans for four commercial projects without having a certificate of registration with the board. The respondent was sent a Notice of Charges concerning the projects and a letter of response was received. The respondent's case was discussed with Chief Investigator Ruark and the decision was made to offer the respondent an opportunity to settle the issue informally rather than face a disciplinary hearing before the board. A settlement agreement and confession of judgment were negotiated incorporating a Guilt Clause, an administrative penalty of $15,000 and investigative costs in the amount of $800. The administrative penalty is to being stayed as long as the respondent remains in compliance with the settlement agreement. Staff recommends approval of the settlement agreement. Ruark stated the Mr. Ricardez borrowed money to pay the investigative costs in full. She stated the confession of judgment was put in place to ensure he stayed current with the payment plan. He is currently unemployed and collecting unemployment. Board members said they understood the circumstances surrounding the terms in this settlement agreement, but are worried about the precedent this would set. Board members said Mr. Ricardez should have to pay the administrative penalty in full if he had another enforcement case in the future. Ruark said she drafted the settlement agreement in this manner because she did not want to throw good resources after bad in trying to collect monies that weren t there. Spaulding cautioned that if a settlement agreement isn t agreed to, the only alternative is to proceed to a formal hearing, which is a costly procedure. Page 4 of 8 August 19, 2009

5 Motion to amend: Snyder moved to amend the original motion to approve the settlement agreement and send with it a cover letter outlining the board s concerns about staying the administrative penalty. Motion to amend seconded by Klai. Vote: Snyder in favor. Erny, Fermoile, Garlock, Klai, Oppenheimer Gore and Parker opposed. Motion fails. Motion: Klai moved to amend the settlement agreement to include a stipulation that if the respondent is found to have violated NRS 623 or NAC 623 in the following three years, the administrative penalty will no longer be stayed and will be due immediately. Motion seconded by Garlock. Vote: Fermoile, Garlock, Klai, Parker and Snyder in favor. Erny and Oppenheimer Gore opposed. Motion passes. AGENDA ITEM 6A-5 Case No R In the matter of Brian Tiedge The respondent is alleged to have violated NRS (d) and (f), NRS , and Rules of Conduct 5.1 and 5.2 by operating a Nevada architectural office without having a resident registrant regularly working in that office from the period of October 2005 through January Additionally he is alleged to have violated NRS 623 by sealing plans for 15 Nevada projects without being in responsible control of the work. During the transfer of firm ownership of MCG Architecture (MCG) from the former owners to the respondent, it was discovered that MCG had an office in Las Vegas that was providing architectural services but did not have a resident registrant working in the office. Further investigation revealed that over a two year period there were 15 Nevada projects where architectural drawings were completed without a registrant being in responsible control of the work. The respondent was sent a Notice of Charges concerning these violations and a letter of response was received. The respondent's case was discussed with Chief Investigator Ruark and the decision was made to offer the respondent an opportunity to settle the issue informally rather than face a disciplinary hearing before the board. A settlement agreement was negotiated incorporating a Guilt Clause, an administrative penalty of $10,000 and investigative costs in the amount of $2,200. Staff recommends approval of the settlement agreement. Motion: Parker moved to approve the settlement agreement. Motion seconded by Fermoile. AGENDA ITEM 6A-6 Case No R In the matter of Herbert Press The respondent is alleged to have violated NRS (f) and Rule of Conduct NAC (b) by failing to associate himself with persons who were qualified to perform professional services during the remodel of a condominium project. Staff received a complaint from Michael Gill (a California contractor) that Herbert Gordon Press had hired him for work on the remodel of a condominium project in Nevada, but did not pay him. Further investigation revealed that Gill and three subcontractors that were either hired or recommended by Press were not licensed in Nevada to perform the work. The lack of appropriately licensed contractors caused significant delays in the completion of the project as Press was then compelled to hire licensed contractors to correct and complete the work performed by the unlicensed individuals. The respondent was sent a Notice of Charges concerning this project and a letter of response was received. The respondent's case was discussed with Chief Investigator Ruark and the decision was made to offer the respondent an opportunity to settle the issue informally rather than face a disciplinary hearing before the board. A settlement agreement was negotiated incorporating Guilt Clause, completion and passing of the NCIDQ ethics monograph within 90 days of the board-approved settlement agreement, an administrative penalty of $2,000 and investigative costs in the amount of $2,500. Staff recommends approval of the settlement agreement. Page 5 of 8 August 19, 2009

6 Motion: Klai moved to approve the settlement agreement. Motion seconded by Fermoile. Garlock asked if the board had recently approved another settlement agreement for Mr. Press in a different disciplinary case. Ruark confirmed they had. Board members asked if the Nevada Contractors Board would be investigating the unlicensed contractors. Ruark explained that after the case is closed, she will forward the information to the Contractors Board. Board members discussed having Mr. Press come before the board. Board members briefly discussed if a registered interior designer can hire subcontractors or if he must hire a general contractor to hire the subcontractors. Motion: Klai moved to amend his original motion to send a letter of warning with the approved settlement agreement. The letter will inform Mr. Press that if he violates the law again, more severe disciplinary action may be taken, including an appearance before the board. Motion to amend seconded by Fermoile. Vote: Parker recused himself. Erny, Fermoile, Garlock, Klai, Oppenheimer Gore and Snyder in favor. Motion passes. AGENDA ITEM 6A-7 Case No N In the matter of Kadie Remaklus The respondent is alleged to have violated NRS (a)(b)(c) by holding herself out as being qualified to provide services that fall under the practice of registered interior design, and by engaging in the practice of registered interior design, for a commercial tenant improvement project, without having a certificate of registration issued by the board. During the background investigation of the respondent s registered interior designer application, staff became aware that the respondent may have provided services that fall under the practice of registered interior design for the tenant improvement at the Biggest Little City Club located in Reno, Nevada. Subsequent investigation revealed that the respondent had held herself and the firm out to clients on her website as being qualified to provide registered interior design services. It was also found that she had engaged in the practice of registered interior design by specifying FF&E and providing space planning for the Biggest Little City Club tenant improvement project. The respondent was sent a Notice of Investigation concerning this project and a letter of response was received. The respondent's case was discussed with Chief Investigator Ruark and the decision was made to offer the respondent an opportunity to settle the issue informally rather than face a disciplinary hearing before the board. A settlement agreement was negotiated incorporating a Guilt Clause, an Effect on Licensure Clause, probation upon registration, an administrative penalty of $2,500 and investigative costs in the amount of $2,000. Staff recommends approval of the settlement agreement. Motion: Fermoile moved to approve the settlement agreement. Motion seconded by Snyder. AGENDA ITEM 6B Discussion and possible decision regarding closure of enforcement cases Ruark recommended the following cases, which were investigated, for closure without disciplinary action: N N R N R Motion: Klai moved to close the above-referenced cases. Motion seconded by Snyder. Page 6 of 8 August 19, 2009

7 AGENDA ITEM 6C Enforcement report Ruark said she had nothing to report at this time. AGENDA ITEM 8 Periodic review of NAC Chapter 623 pursuant to NRS 6233B.050 Garlock tabled this item until the next meeting. AGENDA ITEM 9 Discussion regarding received from Jon Sparer, Architect, regarding eauctions for Nevada projects Spaulding said architect Jon Sparer requested this item be considered by the board. She said his letter and her response are in the agenda books. Board members said that they agreed with Spaulding s opinion that there is nothing in NRS 623 that would prohibit an eauction like he described. AGENDA ITEM 10 Architect issues Spaulding said this item was provided for board members information. AGENDA ITEM 11A FYI: NCIDQ BOD meeting minutes for May and June 2009 Spaulding said this item was provided for board members information. AGENDA ITEM 11B FYI: NCIDQ Board of Delegates conference call minutes for May 21, 2009 Spaulding said this item was provided for board members information. AGENDA ITEM 12 FYI: Update on the August 2009 Residential Design Examination Spaulding reported the Residential Design Exam was administered August She said the Reno exam was cancelled as there was only one candidate. That candidate came to Las Vegas to take the exam instead. She said she waived the exam fee for that candidate as he originally expected to take the exam in Reno but instead had to pay for travel costs. Spaulding said it is getting more difficult to administer the graphic exam at UNLV. She said the UNLV staff have been great to work with, but August is summer vacation and therefore more difficult to get things up and running. This year the exam started an hour late because the computers were not set-up prior to arrival. Board members suggested approaching some of the other local schools, such as CSD or one of the private design schools. AGENDA ITEM 14 Public information report Hatfield said that the most recent issue of Focus was in the agenda books, as well as the tracking report. She said the Special Legislative Edition was also sent out the day after the last board meeting. She said she is receiving more inquiries from reporters for statistics and other information. As the resulting articles are published, she will include them in the agenda books. Hatfield reported that the website update is still underway. Page 7 of 8 August 19, 2009

8 AGENDA ITEM 13 Executive director report Spaulding said the next board meeting will be held in Reno on October 21. She said she has compiled a list of board office achievements, but will save that until the October meeting when there is more time. Spaulding reported that Henry, Oppenheimer Gore and Parker s appointments are all up at the end of October. She said that Henry and Parker expressed interest in continuing to serve; she had not yet spoken to Oppenheimer Gore. Oppenheimer Gore said she would be interested in serving another term as well. Spaulding said since most board members have already served multiple terms, they should each give some consideration to possible successors since they may not be reappointed. AGENDA ITEM 15 Items for future agenda Future implementation of IDEP Discussion on how to best protect the public against unlicensed individuals doing residential design and regulated areas of residential interior design NAC 623 review Possible update of RID Substantially Equivalent application Discussion as to if RIDs are able to hire subcontractors AGENDA ITEM 16 Public comment There was no public comment. Chairman Garlock adjourned the meeting at 3:35 p.m. William Snyder, Secretary/Treasurer Gina Spaulding, Executive Director Page 8 of 8 August 19, 2009