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Meeting Details

02/15/2013 at 10:00 am
Stephen F. Austin Building, Room 170
1700 North Congress
Austin, TX 78701

Meeting Materials

Meeting Video

TALCB Board Meeting


These minutes set out the agenda item, the subject matter discussed, and any action taken on each item. To hear the full discussion on any agenda item, click on the link, and you will be taken directly to that section of the meeting video on the right side of the screen.

AGENDA ITEM 1 - Call to order and pledges of allegiance.
 
AGENDA ITEM 2 - Roll call and discussion and possible action to excuse Board member absences, if any.

ACTION TAKEN: A roll call was conducted by the recording secretary and the following members of the Board, constituting a quorum, answered present: Luis F. De La Garza Walker R. Beard, Sheryl Swift, Jamie S. Wickliffe, Laurie C. Fontana, and Keith Kidd.

Shannon McClendon was temporarily absent during the Roll Call.

The chair officially welcomed the new Board member Keith Kidd.

Ms. Wickliffe made a motion to excuse the absences of Mark McAnally and Donna Walz. It was duly seconded by Mr. Beard and the Board unanimously approved the motion.
 
AGENDA ITEM 3 - Recognition of Service by Donna Walz.

ACTION TAKEN: Donna Walz was presented with a certificate in recognition of her service on the Board.

Beverly Arnold was presented with a plaque and gifts on the occasion of her retirement from the Board and in recognition of her many years of service as the Board's recording secretary.

Troy Beaulieu was presented with a plaque in recognition of his being selected by his peers as the outstanding employee of the quarter, and another in recognition of the Board's gratitude for his tenure as acting Director of TALCB Standards & Enforcement Services during Mark Mrnak’s absence.
 
AGENDA ITEM 4 - Election of Officers.

ACTION TAKEN: Chair De La Garza asked for nominations for chair. Hearing none, he nominated Mr. Beard for chair. The motion was duly seconded by Ms. Wickliffe and Mr. Beard was unanimously elected by Board.
Upon his election, Mr. Beard assumed the chair for the remainder of the meeting.

Mr. Beard opened the floor for nominations for vice chair. Hearing none, Mr. Beard nominated Jamie Wickliffe for vice chair. Mr. De La Garza seconded the nomination. Nominations ceased and Ms. Wickliffe was unanimously elected by Board.

Mr. Beard opened the floor for nominations for secretary. Mr. De La Garza nominated Laurie Fontana for secretary. Ms. Swift seconded. Nominations ceased and Ms. Fontana was unanimously elected by Board.
Shannon Mclendon joined the Board meeting at 10:20 am.
 
AGENDA ITEM 5 - Committee appointments.

ACTION TAKEN: The Chair appointed Board members to the following committees:

Enforcement Committee:
• Jamie Wickliffe (chair),
• Laurie Fontana, and
• Shannon McClendon

Budget and Finance Committee:
• Mark McAnally (chair)
• Sheryl Swift, and
• Clayton Black (in anticipation of his confirmation)

Education Committee:
• Luis De La Garza (chair),
• Walker Beard, and
• Keith Kidd

The Chair also stated that the Vice Chair of the Board (Ms. Wickliffe) was statutorily designated as chair of the AMC Advisory Committee, and noted that the Governor had named Sarah Jones Oates as the AMC member, and Lawrence McNamara as the public member.
The Chair recognized and thanked the immediate past chair, Mr. De La Garza, for his of service on Board for the prior two years.
 
AGENDA ITEM 6 - Discussion and possible action regarding appointments to Peer Investigative Committees.

ACTION TAKEN: The Chair, with the consent of the Executive Committee of the Board appointed the following individuals to Peer Investigative Committees:
• Bobby Crisp,
• Robert F. Hetrick,
• Glenn Garoon,
• Deloris Kraft-Longoria,
• Jim Pearson,
• Dane Sever,
• Gregory Stephens,
• James B. Vine, Jr.,
• Gregory Robert Reynolds,
• Peter Mark Loftus,
• James Melvin Synatzske, and
• Patrick Murphy
 
AGENDA ITEM 7 - Discussion and possible action regarding appointment of Mentors.

The following individuals applied to be mentors:
• Bobby Crisp,
• Paul Hornsby,
• Diana Jacobs,
• Deloris Kraft-Longoria,
• Jim Pearson,
• Peter Mark Loftus,
• Gregory Robert Reynolds,
• Dane Sever,
• Gregory Stephens,
• James Melvin Synatzske,
• Ted Whitmer, and
• Robbie Wilson

Staff recommended approval of all applicants with the exception of Diana Jacob, Peter Mark Loftus, Ted Whitmer, and Robbie Wilson.

ACTION TAKEN: Ms. McClendon moved that the Board accept staff’s recommendation for the mentor applications with a modification to include Ted Whitmer as a mentor. The motion was seconded by Ms. Wickliffe. The motion failed by a vote of 3 to 4, with Mr. Beard, Mr. De La Garza, Ms. Swift and Mr. Kidd voting nay.

A motion was made by Mr. De La Garza to accept staff’s recommendation as presented and duly seconded by Ms. Wickliffe. Motion passed by a vote of 5 to 2, with Ms. McClendon and Ms. Fontana voting nay.
 
AGENDA ITEM 8 - Discussion and possible action to set responsibilities for TALCB’s liaison to the Texas Real Estate Commission.

ACTION TAKEN: No Board action. This item was delegated to the Executive Committee.
 
AGENDA ITEM 9 - Approval of minutes of the August 17, 2012 Board meeting.

ACTION TAKEN: Ms. McClendon moved to approve the minutes with modifications as presented by her. Ms. Wickliffe duly seconded the motion, and the Board unanimously adopted the minutes with the modifications.
 
AGENDA ITEM 10 - Approval of minutes of the November 9, 2012 Board meeting.

ACTION TAKEN: Ms. McClendon moved to approve the minutes with modifications as presented by her. Ms. Wickliffe duly seconded the motion, and the Board unanimously adopted the minutes with the modifications.
 
AGENDA ITEM 11 - Comments from members of the public regarding non-agenda items.
 
AGENDA ITEM 12 - Executive session to receive advice of counsel pursuant to Texas Government Code §551.071.

ACTION TAKEN: The Chair called the Board into executive session at 11:08 am.
The Board Reconvened at 12:20 pm.
 
AGENDA ITEM 13 - Discussion and possible action to approve agreed final orders and surrenders in the matter of :
a. Complaint #12-243 (Bart Landon Gardner, TX-1333054-R)
b. Complaint #11-212 (Israel R. Galindo, TX-1337664-R)
c. Complaint #10-379 (Ruth Launa Stodghill, TX-1322509-G)
d. Complaint #11-408 (Ronald John Guerrera, TX-1332869-R)
e. Complaint #12-296 (James Elmer Partin III (Unlicensed)
f. Complaint #12-245 (Felicia A. Hall, TX-1328738-L)
g. Complaint #12-313 (Eric Elder, TX-1336851-R)
h. Complaint #09-110 (William Douglas Askew, TX-1325858-G)
i. Complaint #s10-251 & 12-250 (Richard M. Fetsch, TX-1323512-R)
j. Complaint #s12-024 & 12-174 (Ted Norman Lear, TX-1321121-G)
k. Complaint #s10-173 & 12-038 (Robert W. Hawkins, TX-1335830-R)
l. Complaint #12-209 (John Arenas, Jr., TX-1323843-R)
m. Complaint #13-073 (David Louis Smedley, TX-1338373-G)

ACTION TAKEN: Items 13a through 13m were taken together as one item. Staff asked for a withdrawal of Item 13m because it had not yet been received by staff.

Upon motion of Mr. De la Garza, duly seconded by Ms. Laurie Fontana, the Board unanimously voted to approve items as presented.
 
AGENDA ITEM 14 - Discussion and possible action on Proposal For Decision (PFD) from the State Office of Administrative Hearings (SOAH) in the matter of:
a. Complaint #08-065 (Ronald Craig Lewis, TX-1329836-G)
b. Complaint #10-376 (Terry Ottis McDaniel, TX-1328118-R)
c. Complaint #s 11-203 & 11-280 (Clifford Parvin Dodson, Jr., TX-1337922-G)

ACTION TAKEN: The Chair passed the gavel to the chair of the Enforcement Committee, Jamie Wickliffe, to conduct this portion of the meeting.

AGENDA ITEM 14a.

Complaint #08-065 (Ronald Craig Lewis, TX-1329836-G) was presented by Troy Beaulieu.
The respondent’s counsel, Sadiyah Evangelista, addressed the board on behalf of Ronald Craig Lewis.

ACTION TAKEN: Ms. McClendon moved that the Board approve the ALJ’s PFD as written with a modification to set the maximum number of appraisals per month that Mr. Lewis is able to conduct at 20. Mr. De La Garza seconded the motion, and the Board unanimously adopted the motion.

AGENDA ITEM 14b.

Complaint #10-376 (Terry Ottis McDaniel, TX-1328118-R) was presented by Kyle Wolf.
The respondent’s counsel, Jason Ray, addressed the board on behalf of Terry Ottis McDaniel.

ACTION TAKEN: Ms. McClendon moved that the Board approve the PFD issued by the ALJ with more specificity on the required classroom coursework as follows: a classroom course in USPAP with a minimum of 15 class hours and a classroom course in Residential Report Writing with a minimum of 15 class hours on or before February 15, 2014. All classes required must be classes approved by the Board. Respondent must receive a passing grade on the exam given in each class. None of the required classes will count toward continuing education requirements for certification. Mr. De La Garza seconded the motion, and the Board unanimously adopted the motion.

AGENDA ITEM 14c

Complaint #s 11-203 & 11-280 (Clifford Parvin Dodson, Jr., TX-1337922-G) was presented by Kyle Wolf. Ms. McClendon recused herself from this case.
The respondent’s counsel, Jason Ray, addressed the board on his behalf of Clifford Parvin Dodson, Jr.

ACTION TAKEN: Ms. Wickliffe moved that the Board adopt the ALJ’s PFD with the following clarifications: that the penalty is set at $4500; that the completion of the seven mentorship sessions, four hours each, be completed with specific deadlines of no later than 06/30/2013, 09/30/2013, 12/31/2013, 3/31/2014, 6/30/2014, 09/30/2014, and 12/31/2014, and that 15 hours of classroom time for residential appraisal writing be completed within six months. Mr. Beard seconded the motion, and not counting the recused member, the Board unanimously adopted the motion.
 
AGENDA ITEM 15 - Report by Enforcement Committee.
 
AGENDA ITEM 16 - Staff reports were given by:
AGENDA ITEM 17 - Discussion and possible action to adopt new rule 22 TAC §155.2 concerning Work Relating to Property Tax Protests.
John Osenbaugh, representing himself, provided public comments on the rule.

ACTION TAKEN: Upon motion by Ms. Swift, duly seconded by Mr. De La Garza, the Board unanimously adopted the rule as published.
 
AGENDA ITEM 18 - Discussion and possible action regarding amendments to 22 TAC §153.24 concerning Complaint Processing.

ACTION TAKEN: Upon motion by Ms. Wickliffe, duly seconded by Ms. Fontana, the Board unanimously voted to withdraw the proposed amendment.
 
AGENDA ITEM 19 - Discussion and possible action to adopt amendments to 22 TAC §157.10 concerning Right to Counsel, Right to Participate.

ACTION TAKEN: Upon motion by Ms. Wickliffe, duly seconded by Ms. Swift, the Board unanimously adopted the amendments as published.
 
AGENDA ITEM 20 - Discussion and possible action to propose amendments to 22 TAC §153.24 concerning Complaint Processing.

ACTION TAKEN: Upon motion by Ms. Swift, duly seconded by Mr. Kidd, the Board unanimously voted to present the amendments to the Texas Register for publication and public comment.
 
AGENDA ITEM 21 - Discussion and possible action to propose amendments to 22 TAC §153.21 concerning Appraiser Trainees and Sponsors.

ACTION TAKEN: Upon motion by Mr. De La Garza, duly seconded by Ms. Wickliffe, the Board unanimously voted to present the amendments to the Texas Register for publication and public comment.
 
AGENDA ITEM 22 - Discussion and possible action on recommendations from the Enforcement Committee.

ACTION TAKEN: Upon motion by Mr. Kidd, duly seconded by Ms. Fontana, the Board unanimously approved the Enforcement Committee's recommended policy guidelines on Agreed Orders.
 
AGENDA ITEM 23 - Discussion and possible action to approve revised Certification of License History Form LHR3.

ACTION TAKEN: Upon motion by Ms. Fontana, duly seconded by Ms. Wickliffe, the Board unanimously approved the revised Certification of License History Form LHR3 as presented.
 
AGENDA ITEM 24 - Discussion and possible action regarding Investment Policy.

ACTION TAKEN: Upon motion by Mr. De La Garza, duly seconded by Ms. Wickliffe, the Board unanimously approved the Investment Policy as presented, with the following modification: that the Budget and Finance Subcommittee annually review the Investment Policy and bring any recommended changes to the full Board for approval.
 
AGENDA ITEM 25 - Discussion and possible action regarding Budget Policy.

ACTION TAKEN: Upon motion by Ms. Wickliffe, duly seconded by Ms. Swift, the Board unanimously approved the Budget Policy as presented with a modification that the date that the Budget is supplied to the entire Board be moved up to July 15.
 
AGENDA ITEM 26 - Discussion and possible action regarding the agency’s Compact with Texans.

ACTION TAKEN: Upon motion by Mr. De La Garza, duly seconded by Ms. Fontana, the Board unanimously approved the agency’s Compact with Texans as presented.
 
AGENDA ITEM 27 - Discussion regarding legislative matters.

ACTION TAKEN: No report was given and no action was taken on this item. However, per the request of the Chair, Mr. Oldmixon gave the Board an update on the National Appraiser Independence Hotline that is required under the Dodd Frank Act.
 
AGENDA ITEM 28 - Discussion and possible action regarding the use of electronic minutes with a bookmarked video recording of Board meetings as the official record of meetings.

ACTION TAKEN: Upon motion by Mr. De La Garza, duly seconded by Ms. Fontana, and the Board unanimously approved the use of electronic minutes with a bookmarked video recording of Board meetings as the official record of meetings, and delegated the authority to the Board secretary to approve the official record for publication, with the Board ratifying that approval at its next Board meeting.
 
AGENDA ITEM 29 - Discussion and possible action regarding development of a tracking system for staff implementation of Board directives.

ACTION TAKEN: No Board action. This item was delegated to the Executive Committee.
 
AGENDA ITEM 30 - Request for new business agenda items.

ACTION TAKEN: No requests made.
 
AGENDA ITEM 31 - Discussion and possible action to schedule future meeting dates.

ACTION TAKEN: Future TALCB meetings were scheduled for May 17, 2013 and August 16, 2013.
 
AGENDA ITEM 32 - Adjournment.

ACTION TAKEN: The Chair adjourned the meeting at 3:16 pm.