Approved Minutes Meeting of Tuesday, November 17, 2009

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1 Vermnt Bard f Land Surveyrs Secretary f State, Office f Prfessinal Regulatin Natinal Life Building, Nrth, Flr 2, Mntpelier, VT Apprved Minutes Meeting f Tuesday, Nvember 17, The meeting was called t rder at 9:00 A.M. Members present: Larry Walter, L.S., Chairman; Shane B. Clark, L.S., Vice-Chairman; Timthy J. Ruggles, P.E., Secretary; Albert (Terry) Harris, L.S.; Jnathan R. Abts, L.S.; Charles Rckwell, L.S.; and Drthy Hayden. OPR Persnnel present: Larry S. Nvins, Bard Cunsel, Gregg Meyer, State Prsecuting Attrney, Carla Prestn, Unit Administratr, and Kara Shangraw, Administrative Assistant. Others present: Rbert D Orazi 2. The Chair called fr apprval f the Minutes f the September 15 th meeting. Mr. Harris made a mtin, secnded by Mr. Clark, t apprve the Minutes f the September 15, 2009 as submitted. The questin was called and the mtin passed unanimusly. 3. Legislatin/Rulemaking The Bard reviewed the latest draft f the prtfli. Attrney Nvins will send ut a new versin which includes the updates. 4. Reprts - Nne 5. Hearings/Stipulatins and Cnsent Orders a. The Bard cnsidered a revised Stipulatin and Cnsent Order (Order) in the matter f Warren A. Rbenstien, Dcket Number (LS ). The Respndent was nt present. Attrney Nvins presided fr the Bard. Attrney Meyer was present fr the State. The Order was rejected by the Bard at its July 21 st and September 15 th meetings. The Stipulatin and Cnsent Order included recmmendatins frm the prir meetings. Mr. Harris made a mtin, secnded by Mr. Rckwell, t accept the Stipulatin and Cnsent Order as revised. The questin was called and the mtin passed unanimusly. 6. Exam Questin Databank Review Review f prpsed examinatin questins was tabled. 7. Reprts f Cncluded Investigatins/Cmplaint Status/Fllw-up cases: The Bard reviewed the infrmatin submitted by Nrman Smith fr cmpliance with the Bard s Order. The Bard als reviewed Ms. Prestn s September 2 nd letter which referred him t the statues and rules, mre specifically, Title 26 V.S.A (a), Title 27 V.S.A (b) 1-8, and Sectin 5.5 f the Bard s Rules regarding prperty and the filing f land plats. The Bard fund that Mr. Smith s Abstract and lcus map are acceptable but the plat and survey sectins were still deficient with regard t meeting the standards. Mr. Smith must demnstrate that the specific areas stated in Bard Rule 5.5 are met t ensure that his plat is acceptable. Mr. Smith will be advised.

2 Vermnt Bard f Land Surveyrs Minutes Nvember 17, 2009 Page 2 8. Applicatins a. The Bard reviewed the results f the Octber administratin f the Vermnt Land Surveying Examinatin. Based n their successful cmpletin f the Vermnt Land Surveying Examinatin, the Bard apprved the fllwing candidates fr licensure. Andrew Nadeau Eric Pspesil b. Bard Members reprted n the status f the applicatins t which they are assigned as indicated belw (See Appendix A). Ms. Prestn and Ms. Shangraw reviewed the pending applicatins and nted the date f applicatin, number f hurs f experience submitted t date, the date f the last activity, etc. This infrmatin will be cmpared with Bard liaisn s infrmatin. Bard members will verify the status f their applicants t cmpare with the spreadsheet. Ntices will be sent t all applicants t verify their cntinued interest in becming licensed as a Land Surveyr in the State f Vermnt and advising them f what is needed t cntinue the prcess. All applicants will be encuraged t submit hurs every six mnths as stated in Bard Rule 2.7 (a) but at the very least nce a year. Mr. Harris nted that he had n actin t reprt regarding his grup f applicants. Mr. Clark said he als had n activity frm applicants t reprt. Bradley Lackey Mr. Walter reprted that Mr. Lackey was applying n the basis f Experience and Examinatin. He reviewed the wrk experience submitted under the supervisin f licensed Land Surveyr Merrill Mundell, Jr. cvering the perid f April 1, 2007 thrugh May 31, 2008 and recmmended apprval. Mr. Lackey will be asked t submit a new applicatin because his riginal applicatin cannt be lcated. The Bard apprved the hurs bringing Mr. Lackey s ttal hurs t date t Mr. Lackey will be ntified. Nathan O. Yager Mr. Abts reprted that Mr. Yager is a new applicant applying n the basis f Educatin and Examinatin currently under the supervisin f licensed Land Surveyr David Rse. He said Mr. Yager asked if he culd submit hurs frm an ut f state surveyr (NH). The Bard nted that it wuld be acceptable as lng as he submits the supervisin frm with the additinal hurs f experience he accumulated under the New Hampshire surveyr. Mr. Yager will be ntified. Jasn Michael Riley Mr. Abts reprted that Mr. Riley was under the supervisin f David Hudsn and that as f May f 2007 he is under supervisin f licensed Land Surveyr Steven Fraser. Mr. Abts indicated that Mr. Riley submitted a summary sheet shwing 6811 hurs and separate time sheets withut any ttals. Mr. Abts said he reviewed all f the time sheets which indicated sme experience that may nt be acceptable tward his land surveying experience (i.e., engineering and cnstructin surveying, Rule 2.7). The Bard cncluded that Mr. Riley must prvide a breakdwn f percentages applied t each categry. In additin, the applicant must cmplete the spreadsheets prvided nline which asks fr experience detail and the percentages cvered. Mr. Riley must prvide the additinal infrmatin in the prper frmat cvering a six-mnth blck f time. Mr. Riley will be ntified. Phil E. Marctte Mr. Rckwell reprted that Mr. Marctte was applying n the basis f Experience and Examinatin. He reviewed the wrk experience submitted under the supervisin f licensed Land Surveyr Shane Clark and recmmended apprval. The Bard apprved Mr. Marctte s hurs bringing his ttal hurs t date t Mr. Marctte will be ntified.

3 Vermnt Bard f Land Surveyrs Minutes Nvember 17, 2009 Page 3 8. Applicatins Cntinued Michael Falk Mr. Ruggles reprted that Mr. Falk was applying n the basis f Experience and Examinatin. He reviewed the wrk experience submitted under the supervisin f licensed Land Surveyr David Rse with hurs cvering the perid f April 2008 thrugh September 2009 and recmmended apprval. The Bard apprved the hurs bringing Mr. Falk s ttal hurs t date t Mr. Falk will be ntified. 9. Cntinuing Educatin Curses Educatin Cmmittee t Reprt The Cntinuing Educatin Cmmittee, cnsisting f Terry Harris, Drthy Hayden, and Larry Walter, reviewed the CE requests listed belw. a. Mapping Fldplains: A Legal & Scientific Prcess, submitted by McKissck 100% Educatin, was apprved fr a ttal f fur (4) Prfessinal Develpment Hurs f cntinuing educatin credits. The prgram is an nline curse. b. Rund Table Discussins and VECTOR Panel, submitted by the Vermnt Sciety f Land Surveyrs, was apprved fr a ttal f six (6) Prfessinal Develpment Hurs f cntinuing educatin credits. The prgram will be ffered n December 18, Rund Table Discussin (4 hurs) The apprval number issued is CE Annual Business Meeting (0.5 hurs) The apprval number issued is CE The Vermnt Orthpht Transitin (1.5 hurs) The apprval number issued is CE c. The Bard reviewed the Octber 6 th and Octber 22, 2009 letters and supprting infrmatin submitted by the New Yrk State Assciatin f Prfessinal Land Surveyrs fr apprval f cntinuing educatin credits. The prgrams will be ffered n January 13 15, The Bard tk actin as indicated belw. Ethical Practices fr the Land Surveyr (4 hurs) Apprval number issued, CE Land Planning fr Land Surveyrs (4 hurs) Apprval number issued, CE Mbile Scanning in the New Ecnmy (1.5 hurs) Apprval number issued, CE Mvies, Princesses Laser Scanning Hllywd Style (1 hur) Apprval number issued, CE Zning, Subdivisin and the Law (4 hurs) Apprval number issued, CE Recent Issues in State, Cuntry and Lcal Gvernment Regulatins (1.75 hurs) Apprval Number issued, CE Field t Finish AutCAD Civil 3D 2010 (3 hurs) Apprval number issued, CE Update NYSnet CORS/RTN (1.5 hurs) Apprval number issued, CE Managing Survey Recrds with GIS (3.5 hurs) Apprval number issued, CE The fllwing curses were nt apprved because they are nt related t the practice f land surveying in the State f Vermnt. Strategies fr Mixed Use Develpment Prefurbia Redesigning the Suburbs frm Disdainable t Sustainable Case Study Prefurbia Seminar Market Watch Emerging Trends in Real Estate and Land Develpment Envirnmental and Ethical Issues in Land Develpment Adirndack Park Reginal Planning Prject Taking DATA frm 2D t 3D Intrducing Mixed Use Znes t Traditinal Znes Certified Prfessinal in Ersin and Sediment Cntrl Increased Return n Investment frm Yur GIS

4 Vermnt Bard f Land Surveyrs Minutes Nvember 17, 2009 Page 4 9. Cntinuing Educatin Curses - Educatin Cmmittee t Reprt Cntinued d. NHLSA 40 th Anniversary Annual Meeting & Equipment Shw and New England Surveying Scieties (NESS) Cnference - The Bard reviewed the Octber 9, 2009 letter and supprting infrmatin submitted by the New Hampshire Land Surveyrs Assciatin fr apprval f cntinuing educatin credits. The prgrams will be ffered n December 10-12, The Bard tk actin as indicated belw. The NSPS Trig Star Prgram: Past, Present, and Future (1 hur) Apprval number issued, CE NGS s Height Mdernizatin Prgram: It s Impact n New England (8 hurs) Apprval number issued, CE Machine Cntrl and the Land Surveyr: A Panel Discussin nt an argument (3 hurs) Apprval number issued, CE Capturing Reality: Integrating Scanning and Imaging Technlgy int Existing Survey Wrkflws Apprval number issued, CE The Survey Field t Finish Tls f Civil 3D 2010 (1 hur) Apprval number issued, CE Viewing Yur 3D Future: Man r Machine (2 hurs) Apprval number issued, CE The Histry f Land Surveying in New Hampshire: (4 hurs) Apprval number issued, CE Autdesk Tips and Tricks fr Surveyrs and Civil Engineers (2 hurs) Apprval number issued, CE Update! Phtgrammetry A-Z &L Targets vs. Picture Pints (2 hurs) Apprval number issued, CE GIS n Pennies a Day: A Tur f Free Optins fr GIS Sftware (1 hur) Apprval number issued, CE Making Maps the Ggle Way: Using Ggle Earth and Ggle Maps t Create Interactive Maps and Share Infrmatin (3 hurs) Apprval number issued, CE Accuracy & Precisin: Reducing Errrs with Mdern Equipment (4 hurs) Apprval number issued, CE Clleges & Universities Panel Discussin (1 hur) Apprval number issued, CE ABC s f CAD Sftware...Autdesk, Bentley, and Carlsn (4 hurs) Apprval number issued, CE The Rle f Frensic Science in Land Surveying (7 hurs) Apprval number issued, CE Surveyrs representing the N.E. Scieties Rund Table (3 hurs) Apprval number issued, CE The fllwing curses were nt apprved because they are nt related t the practice f land surveying in the State f Vermnt. Bard f Registratin Panel Discussin Bard f Directrs Panel Discussin Lessns Learned frm High Prfile Cases Unraveling the Mystery f Lyme: The Disease and its Treatment e. 42 nd Annual Meeting f Cnnecticut Assciatin f Land Surveyrs The Bard reviewed the Octber 13, 2009 letter and supprting infrmatin submitted by the Cnnecticut Assciatin f Land Surveyrs fr apprval f cntinuing educatin credits. The prgrams were ffered n Nvember 6, The Bard tk actin as indicated belw. Why GIS Needs Surveyrs (2 hurs) Apprval number issued, CE The Survey Field t Finish Tls f Civil 3D 2010 (2 hurs) Apprval number issued, CE

5 Vermnt Bard f Land Surveyrs Minutes Nvember 17, 2009 Page 5 9. Cntinuing Educatin Curses - Educatin Cmmittee t Reprt Cntinued Practical Integratin f GIS Wrkflws int a Surveying Practice s Business Mdel (2 hurs) Apprval number issued, CE Phtgrammetry A-Z (2 hurs) Apprval number issued, CE Integratin Survey Definitin and intrductin t Integrated Surveying (2 hurs) Apprval number issued, CE Surveys fr Envirnmental Land Use Restrictins (2 hurs) Apprval number issued, CE The fllwing curses were nt apprved because they are nt related t the practice f land surveying in the State f Vermnt. Surveying Certificatins and Licensing, Questins and Answers (2 Hurs) The Infinite Lp: Hw Fur Big Ideas are Reshaping Investments GIS Attribute Data Cllectin with Carlsn SuvCE Structural Mnitring 10. Natinal Cuncil f Examiners fr Engineering and Surveying (NCEES) Crrespndence a. The Bard reviewed and nted miscellaneus crrespndence frm the NCEES. 11. Miscellaneus Crrespndence a. The Bard reviewed and apprved Paul Greineder s seal. b. The Bard reviewed the September 28, 2009 letter and renewal applicatin frm Raymnd Smith Jr. regarding reactivatin f his license which expired n September 30, He mailed (pstmarked) his renewal applicatin within three years frm the expiratin date (received Octber 1, 2009). Based n the frmula mentined in Bard Rule 3.3 (3), Mr. Smith must submit a ttal f 30 PDH (10 x 3) cntinuing educatin credits. Mr. Smith des nt have the required PDH t reactive his license. The Bard agreed that his applicatin was submitted within three years hwever it cannt be prcessed because he des nt have the required cntinuing educatin thus is nt eligible fr renewal. Bard Rule 6.7 that he mentined cncerning a make-up plan fr his PDH, nly applies t persns wh have been audited. Since he is nt eligible fr reactivatin under Rule 3.3 (a), he must apply under 3.3 (b), which requires retaking the Vermnt Land Surveying Examinatin. He may als reapply n the basis f endrsement/cmity frm New Yrk which als requires successful cmpletin f the Vermnt Land Surveying Examinatin. If Mr. Smith chses t reinstate he must submit evidence f 30 PHD cntinuing educatin credits. He will be ntified. c. The Bard reviewed the Nvember 10, frm Jeffrey Grtn regarding licensure requirements. Mr. Grtn explained that he wanted t g t schl in Wyming and participate in an utreach prgram. He asked if that experience wuld qualify tward licensure. Based n the infrmatin he prvided the Bard nted that it wuld appear that mst f the credits listed wuld be acceptable. The Bard will refer him t Rule and fr mre infrmatin regarding educatin and examinatin, cre credits and general areas f study required. The Bard nted that a final decisin wuld be subject t receipt and evaluatin f his applicatin.

6 Vermnt Bard f Land Surveyrs Minutes Nvember 17, 2009 Page Other Business Intrduced by the Bard A. The Bard nted that the rules need t be updated with regard t cntinuing educatin requirements, late renewals within three years and fr reinstatement, expired licenses fr mre than three years. B. The Bard reviewed and updated sme examinatin questins that needed further review. Several questins were deleted and thers were mdified fr clarificatin. C. The Bard crrected the spreadsheet that was nline fr candidates applying n the basis f Educatin and Examinatin. It was missing a frmula thus did nt add tw clumns. 12. Public Cmment Rbert D Orazi was present fr varius prtins f the meeting but did nt discuss any particular issues directly with the Bard. 13. The next meeting is scheduled fr Tuesday, January 19, Other meetings in 2010 are scheduled as fllws: March 16 th, May 18 th, July 20 th, September 21 st, and Nvember 16, There being n further business, the meeting was adjurned at 3:10 P.M. Respectfully submitted, Carla Prestn, Unit Administratr Office f Prfessinal Regulatin

7 Vermnt Bard f Land Surveyrs Minutes Nvember 17, 2009 Page 7 Appendix A Name f Bard Member Assigned Terry Harris Name f Applicant Name f Supervising Land Surveyr N. f Hurs t date Cx, Christpher David Cleman Langmaid, Jacb Shane Clark McGwan, Hugh, A Brian Lavery Nviell, Matthew Quackenbush, Everette Swedick, David Patricia Kules Tmmell, Jasn Name f Bard Member Assigned Charles Rckwell Name f Applicant Name f Supervising Land Surveyr N. f Hurs t date Baker, Aarn Rnald Taber Barnaby, Luke Rbert Twnsend Barnes, Martin Lareau, Jhn Marctte, Phil Shane Clark Paradee, Andrew Patricia Skules/Duglas Hensn Twne, Zebuln Glenn Twne Name f Bard Member Assigned Larry Walter Name f Applicant Name f Supervising Land Surveyr N. f Hurs t date Duquette, Jnathan Nrbert Blais Frtin, Edward Dana Libby/Dug Hensn Gervais, Gabriel Peter Crss 5355 Herring, Brad Nichlas Nwlan Lackey, Bradley Merrill Mundell, Jr Naaktgebren, David Ellis Speath Jr. Pahel, James

8 Vermnt Bard f Land Surveyrs Minutes Nvember 17, 2009 Page 8 Name f Bard Member Assigned Timthy Ruggles Name f Applicant Name f Supervising Land Surveyr N. f Hurs t date Beal, Alger, R David Mance Jr / Cummings, Steven Rnald Taber Falk, Michael David Rse Hammnd, Bartn Rnald LaRse Sargent, Sctt William Creamer Name f Bard Member Assigned Shane Clark Name f Applicant Name f Supervising Land Surveyr N. f Hurs t date Hlstein, Jamey Len Ambl Otis, Randall Rnald Gauthier Reed, Mathew Rnald Stancliff Ruderman, Brad Jhn Thetfrd / Smith, Alex Dug Hensn / 2361 Walker, Mark Richard Bell Whitehead, Chad Name f Bard Member Assigned Jnathan Abts Name f Applicant Name f Supervising Land Surveyr N. f Hurs t date Fuller, Aarn Steven Brks Kittredge, Seth W. Rnald LaRse / Paire, Uriah Lisa Ginett Peacck, Gregry Riley, Jasn, M Steven Fraser/David Hudsn Wilsn, Terry Richard Bell / 623 Yager, Nathan, O David Rse

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