COMMONWEALTH OF PENNSYLVANIA · 1 commonwealth of pennsylvania 2 department of state 3 bureau of...

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COMMONWEALTH OF PENNSYLVANIA 1

DEPARTMENT OF STATE 2

BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS 3

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F I N A L M I N U T E S 5

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MEETING OF: 7

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STATE REAL ESTATE COMMISSION 9

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TIME: 11:00 A.M. 11

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TEMPLE UNIVERSITY REAL ESTATE INSTITUTE 13

1515 Market Street 14

Room 206 15

Philadelphia, Pennsylvania 19102 16

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June 6, 2017 19

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State Real Estate Commission 1 June 6, 2017 2

3 COMMISSION MEMBERS: 4 5 Armand Ferrara, Chair, Industry Member 6 Ian J. Harlow, Commissioner, Bureau of Professional 7 and Occupational Affairs (BPOA) - Absent 8 Alexis L. Barbieri, Esquire, Vice Chair, Public Member 9 Nicole DiTomo, Esquire, Attorney General Designee 10 Annie Hanna Cestra, Industry Member 11 Anne Rubin, Industry Member 12

Vince Galko, Public Member - Absent 13 Joseph Tarantino, Industry Member 14 Joseph McGettigan, Industry Member 15 Edward L. Seebeck, Secretary, Cemetery Member - Absent 16 17 18 COMMISSION PERSONNEL: 19 20 Juan A. Ruiz, Esquire, Commission Counsel 21 Krista Linsenbach, Commission Administrator 22 Timothy Fritch, Esquire, Commission Prosecutor 23 24 MEMBERS OF THE PUBLIC 25 26

Rasheem Sanders 27 Christopher Dockray 28 Amy Rose Smith 29 Gail Parke, Administrator, Association of Realtors 30 School 31 Robert Cowden 32 Noushig Hovhannesian 33 Christina Sica 34 Henry Sniezek 35 Tim O’Neill 36 P. Timothy Quintrell, Director, Schlicher Kratz 37 Institute 38 Brian Brillman, Director, Temple Real Estate Institute 39 Mooro El, Realtor 40

Jeffrey Beer 41 Ronald Kolla, Intern, Office of Attorney General 42 Theresa Stigale 43 44 45 46 47 48 49 50


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*** 1

State Real Estate Commission 2

June 6, 2017 3

*** 4

The regularly scheduled meeting of the State Real 5

Estate Commission was held on Tuesday, June 6, 2017. 6

Armand Ferrara, Chair, Industry Member, officially 7

called the meeting to order at 11:06 a.m. A roll call 8

was taken. The Pledge of Allegiance was recited. 9

*** 10

Approval of Minutes of the April 25, 2017 meeting. 11

CHAIRMAN FERRARA: 12

I’m looking for an approval of our 13

April 25, 2017 Draft Minutes. 14

MR. MCGETTIGAN: 15

So moved. 16

[The Board discussed corrections to the Minutes.] 17


I have a motion, a correction. Do I 19

have a second? 20

MS. BARBIERI: 21

Second. 22


All in favor? Opposed? 24

[The motion carried. Annie Hanna Cestra and Anne 25


4

Rubin abstained from voting on the motion.] 1

*** 2

Report of Prosecutorial Division 3

[Timothy Fritsch, Esquire, Prosecuting Attorney, on 4

behalf of Ray Michalowski, Esquire, presented a 5

Consent Agreement for File No. 11-56-01515 and 6

11-56-01464, Docket No. 1496-56-16.] 7

*** 8

[Timothy Fritsch, Esquire, Prosecuting Attorney, 9

presented a Consent Agreement for File No. 10

13-56-02476, Docket No. 0380-56-14.] 11

*** 12

[Nicole DiTomo, Esquire, Attorney General Designee, 13

exited the meeting at 11:11 a.m. and reentered at 14

11:13 a.m.] 15

*** 16

Report of Commission Counsel 17

[Juan A. Ruiz, Esquire, Commission Counsel, noted 18

Proposed Adjudication and Orders, Final Adjudication 19

and Order, motions, and a Petition for Reconsideration 20

to be discussed during Executive Session. Mr. Ruiz 21

further noted the motions for George Kubini and Alex 22

Pozo were tabled. 23

He also noted for review pending House Bills, 24

including House Bills 573, 1006 and 1019, and Senate 25


5

Bills 50, 296, 603 and 727. 1

Mr. Ruiz discussed possibly amending the Burial 2

Grounds Law.] 3

*** 4

Report of Commission Chair 5

[Armand Ferrara, Chair, Industry Member, welcomed new 6

Board member, Anne Rubin. 7

Mr. Ferrara expressed his appreciation for the 8

monthly meetings with the Rules and Regulations 9

committee.] 10

*** 11

Report of Commissioner - No Report 12

*** 13

Report of Commission Administrator 14

[Krista Linsenbach, Commission Administrator, informed 15

Commission members of a broker recommendation waiver 16

request to be discussed in Executive Session. 17

She also updated members on the computer system 18

and noted the targeted date for going live as the end 19

of June.] 20

*** 21

[Chairman Ferrara requested the introduction of the 22

guests in attendance.] 23

*** 24

Report of Committees 25


6

Rules and Regulations 1

[Alexis Barbieri, Esquire, Vice Chair, Public Member, 2

reported that the committee reviewed and suggested 3

revisions to sections of the Rules and Regulations. 4

She indicated a report of the changes will be 5

presented to Commission members.] 6

*** 7

[Pursuant to Section 708(a)(5) of the Sunshine Act, at 8

11:26 a.m. the Board entered into Executive Session 9

with Juan A. Ruiz, Esquire, for the purpose of 10

conducting quasi-judicial deliberations and to receive 11

advice of Counsel. The Commission returned to open 12

session at 12:00 p.m.] 13

*** 14

[The Board recessed from 12:00 p.m. until 1:45 p.m.] 15

*** 16

[Annie Hanna Cestra, Industry Member, exited the 17

meeting at 1:45 p.m.] 18

*** 19

MOTIONS 20

MR. RUIZ: 21

The Real Estate Commission was just in 22

Executive Session conducting quasi-23

judicial deliberations on matters 24

pending before the Commission. 25


7

Is there a motion to approve the 1

Consent Agreement File No. 11-56-01515 2

and 11-56-01464? 3

MS. DITOMO: 4

So moved 5

MR. TARANTINO: 6

Second. 7

CHAIRMAN FERRARA: 8

A motion and a second. All in favor? 9

Opposed? 10

[The motion carried unanimously. The Respondent’s 11

name is Dov Ratchkauskas.] 12

*** 13

MR. RUIZ: 14

Is there a motion to deny the Consent 15

Agreement File No. 13-56-02476 for being 16

too lenient? 17

MS. DITOMO: 18

First motion. 19

MR. MCGETTIGAN: 20

Second. 21


I have a motion and a second. All in 23

favor? Opposed? 24

[The motion carried unanimously.] 25


8

*** 1

MR. RUIZ: 2

Is there a motion to approve the 3

Proposed Adjudication and Order in the 4

Commonwealth of Pennsylvania, Bureau of 5

Professional and Occupational Affairs 6

vs. Roy Brooks, Jr., File No. 7

16-56-10812, Docket No. 2161-56-16? 8

MR. MCGETTIGAN: 9

So moved. 10

MS. DITOMO: 11

Second. 12



favor? Opposed? 15


*** 17

MR. RUIZ: 18

Is there a motion to direct Commission 19

Counsel to draft a Final Adjudication 20

and Order in the Commonwealth of 21

Pennsylvania, Bureau of Professional and 22

Occupational Affairs vs. Bryan Hawes, 23

File No. 13-56-07967, Docket No. 1053-24

56-16 and Commonwealth of Pennsylvania, 25


9

Bureau of Professional and Occupational 1

Affairs vs. Julie Keilman, File No. 2

15-56-05478, Docket No. 1701-56-16? 3

MR. TARATINO: 4

So moved. 5

MS. BARBIERI: 6

Second. 7

CHAIRMAN FERRARA: 8


favor? Opposed? 10


*** 12

MR. RUIZ: 13

Is there a motion to approve the Final 14

Adjudication and Order in the 15

Commonwealth of Pennsylvania, Bureau of 16

Professional and Occupational Affairs 17

vs. Brendan Ryan, File No. 15-56-03947, 18

Docket No. 0553-56-16? 19

MR. MCGETTIGAN: 20

So moved. 21

MS. DITOMO: 22

Second. 23




10

favor? Opposed? 1


*** 3

MR. RUIZ: 4

Is there a motion to approve the Motion 5

to Enter Default and Deem Facts Admitted 6

in the Commonwealth of Pennsylvania, 7


Affairs vs. John Norris, File No. 14-56-9

07686. 10

MR. MCGETTIGAN: 11

So moved. 12

MR. TARANTINO: 13

Second. 14



favor? Opposed? 17


*** 19

MR. RUIZ: 20

Is there a motion to direct Commission 21

Counsel to draft a Final Adjudication 22

and Order in the Commonwealth of 23

Pennsylvania, Bureau of Professional and 24

Occupational Affairs vs. Sharon Reese, 25


11

File No. 15-56-01719? 1

MS. DITOMO: 2

So moved. 3

MS. BARBIERI: 4

Second. 5

CHAIRMAN FERRARA: 6


favor? Opposed? 8


*** 10

MR. RUIZ: 11

Is there a motion to draft a new Order 12

in the Commonwealth of Pennsylvania, 13


Affairs vs. Fayez Antonios, File No. 15

14-56-01132, consistent with our 16

discussions in Executive Session. 17

MR. MCGETTIGAN: 18

So moved. 19

MS. DITOMO: 20

Second. 21



favor? Opposed? 24



12

*** 1

MR. RUIZ: 2

Is there a motion to approve the broker 3

recommendation waiver request of 4

Stephanie Smith? 5

MS. DITOMO: 6

So moved. 7

MS. BARBIERI: 8

Second. 9



favor? Opposed? 12


*** 14

Education/Examination 15

MS. BARBIERI: 16

I move that the request by Noushig 17

Hovhannesian to sit for the broker’s 18

examination be provisionally denied on 19

the basis that the experience submitted 20

was not under the supervision of a 21

broker. 22

MR. MCGETTIGAN: 23

Second. 24



13


favor? Opposed? 2


*** 4

MS. BARBIERI: 5

I make a motion that the request by 6

Christine Sica to sit for the broker’s 7

examination be provisionally denied on 8

the basis that she was not working under 9

the supervision of a broker. 10

MR. TARANTINO: 11

Second. 12



favor? Opposed? 15


*** 17

MS. BARBIERI: 18

I move that the request by Ronald Isgate 19

to sit for the broker’s examination be 20

approved. 21

MS. RUBIN: 22

Second. 23




14

favor? Opposed? 1


*** 3

MS. BARBIERI: 4

I make a motion to that the request by 5

Jessica Kalinoski to sit for the 6

broker's examination be denied on the 7

basis that experience submitted was not 8

under the supervision of a broker. 9

MS. RUBIN: 10

Second. 11



favor? Opposed? 14


*** 16

MS. BARBIERI: 17

I make a motion that the request of Lisa 18

Rittenhouse for a waiver of the three-19

hour mandatory topic Rules and 20

Regulations for the 2016-2018 cycle be 21

approved. 22

MS. DITOMO: 23

Second. 24



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favor? Opposed? 2


*** 4

MS. BARBIERI: 5

I make a motion that the Commission 6

approve the following courses: Managing 7

Your Real Estate Business With Emotional 8

Intelligence and Leading a Real Estate 9

Office with Emotional Intelligence. 10

MR. TARANTINO: 11

Second. 12



favor? Opposed? 15


*** 17

MS. BARBIERI: 18

I make a motion that the course 19

Residential Applications Part 1 be 20

denied, as this is a seven-hour course 21

which is not enough related to the use 22

of a real estate licensee. 23

MS. DITOMO: 24

Second. 25


16

CHAIRMAN FERRARA: 1


favor? Opposed? 3


*** 5

MS. BARBIERI: 6

I make a motion that the course 7

Residential Applications Part 2 be 8

denied based on this is a 7-hour course 9

which is not enough material related to 10

the use of a real estate licensee. 11

MS. DITOMO: 12

Second. 13



favor? Opposed? 16


*** 18

Enforcement 19

MR. TARANTINO: 20

I'd like to make a motion that we 21

approve the following applications 22

without restrictions: Christopher 23

Dockray, Amy Rose Smith, Robert Cowden, 24

Henry Sniezek, and Timothy O’Neill. 25


17

MR. MCGETTIGAN: 1

Second. 2

CHAIRMAN FERRARA: 3


favor? Opposed? 5


*** 7

MR. TARANTINO: 8

I make a motion to approve the 9

Application of Rasheem Sanders 10

contingent upon submission of proof of 11

full payment of all fines. 12

MS. DITOMO: 13

Second. 14



favor? Opposed? 17


*** 19

MR. TARANTINO: 20

We have three initial Application 21

requests. I make a motion that we have 22

no barrier towards licensure for the 23

application of Alvin Mark Johnston and 24

Alan Tempkins. 25


18

MR. MCGETTIGAN: 1

Second. 2

CHAIRMAN FERRARA: 3


favor? Opposed? 5


*** 7

MR. TARANTINO: 8

I make a motion that we preliminarily 9

deny the application and advise the 10

applicant of his right to an informal 11

conference of Michael Mayro and 12

Claiborne Realty, LLC, with the 13

inclusion of more information on his 14

experience. 15

MR. MCGETTIGAN: 16

Second. 17



favor? Opposed? 20


*** 22

Public Session 23

[Joseph McGettigan thanked Brian Brillman, Director, 24

Temple University Real Estate Institute, for providing 25


19

the accommodations for the Commission's meeting. 1

Commission members and audience members offered 2

introductions. 3

Mr. Ruiz stated the Commission will be reviewing 4

the regulations to update them with current practices, 5

which he noted may take two years. 6

Jeffrey Beer expressed his concerns regarding 7

forthcoming regulations relating to naming teams 8

properly. 9

Mr. Ruiz discussed changes to the House bills 10

being reviewed, including Bill 533 which relates to 11

right-of-way easements or access limitations to be 12

added to the seller’s disclosure statement. 13

There was discussion regarding amendments to 14

House Bill 863, Real Estate Licensing Act. 15

Gail Parke discussed and answered questions 16

regarding real estate broker licensure courses. 17

Ms. Linsenbach will provide clarification 18

regarding the double-dipping of continuing education 19

courses and broker courses to build course load for 20

associate broker’s licensure.] 21

*** 22

[Nicole DiTomo, Esquire, Attorney General Designee, 23

exited the meeting at 2:26 p.m.] 24

*** 25


20

[Theresa Stigale, Temple University Real Estate 1

Institute instructor, introduced herself to Commission 2

members and guests. 3

Ms. Rubin discussed email security and scams.] 4

*** 5

[Anne Rubin, Industry member, exited the meeting at 6

2:36 p.m. and reentered at 2:39] 7

*** 8

[Ms. Linsenbach reiterated the new computer system was 9

almost ready to be launched. She noted Commission 10

members will soon receive notifications with regard to 11

the new website. 12

Ms. Linsenbach indicated that applicants will be 13

able to upload application documents, exam scores, 14

transcripts, and supporting documents regarding the 15

application process. Tracking continuing education 16

will eventually be able to be uploaded.] 17

*** 18

[The next meeting was noted to be scheduled for July 19

19, 2017, in Harrisburg. All guests were thanked for 20

their attendance at the meeting. Also the guests were 21

invited to attend the next meeting in Harrisburg, as 22

well as any Commission meeting as all are public 23

meetings.] 24

*** 25


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Adjournment 1

[The meeting adjourned at 2:48 p.m.] 2

*** 3

4

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CERTIFICATE 6

7

I hereby certify that the foregoing summary 8

minutes of the State Real Estate Commission meeting, 9

was reduced to writing by me or under my supervision, 10

and that the minutes accurately summarize the 11

substance of the State Real Estate Commission meeting. 12

13

14

15

Samantha Bramble, 16

Minute Clerk 17

Sargent’s Court Reporting 18

Service, Inc. 19

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STATE REAL ESTATE COMMISSION 1 REFERENCE INDEX 2 June 6, 2017 3

4 TIME AGENDA 5 6 11:06 Official Call to Order/Roll Call 7 8 11:06 Pledge of Allegiance 9 10 11:07 Approval of Minutes 11 12

11:09 Report of Prosecutorial Division 13 14 11:17 Report of Commission Counsel 15 16 11:20 Report of Commission Chair 17 18 11:22 Report of Commission Administrator 19 20 11:25 Report of Committees 21 22 11:26 Executive Session 23 12:00 Return to Open Session 24 25 12:00 Recess 26

1:45 Return to Open Session 27 28 1:47 Motions 29 30 2:00 Public Session 31 32 2:48 Adjournment 33 34 35 36 37 38 39 40

41 42 43 44 45 46 47 48 49 50

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COMMONWEALTH OF PENNSYLVANIA · 1 commonwealth of pennsylvania 2 department of state 3 bureau of...

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