Board Meeting Minutes: March 25, 2010

April 6, 2010

Members Present: Board members present were; Kathy Gustin Williams, P.E, Chair; Donald Grant, P.E Vice Chair ;William A. Lotz, P.E.,; George Ames, P.E; Mandy Holway Olver, P.E; and Kenneth L. Sweeney, P.E.; David Jackson, Jr., Public Member. Also present were Judith Peters, Assistant Attorney General and Warren T. Foster, P.E., Executive Director. In addition there were two members of the public who attended during the discussion of Complaints and two additional members of the public who attended through the discussion of Item 11-A, Radon removal designs for public water supplies.

Call to Order: The meeting was called to order at 9:12 a.m. by Chair Gustin Williams in the Maine Instrument Flight Conference Room at the Augusta State Airport.

1. Minutes of previous meeting and other preliminaries.

A. Approval of the minutes of previous meetings on January 28, 2010.

There were no corrections or additions to the January 28, 2010 meeting minutes. On a motion by Mr. Lotz seconded by Mr. Ames, the Board voted unanimously to approve the minutes.

2. Executive Committee (Gustin Williams)

A. Update on new office space.

The office space approved at the last meeting did not work out, but another location in the same building was proposed by Mr. Foster as an alternate location for the Boards new office. Mr. Ames and Ms. Gustin Williams visited this office space in the Post Office Building on Water Street in Augusta. Both agreed the space and location would meet the needs of the Board and recommended that the Board approve this location.

On a motion by Mr. Ames seconded by Mr. Lotz, the Board voted 7 in favor, 0 opposed to pursue this location and to work out the logistics for a move.

B. LD 1608- An Act to Establish an Office of Administrative Law Judges for Licensing Boards

Informational

C. Review of Application and Renewal Process pertaining to criminal convictions and complaints.

Tabled until the June Meeting

D. LD 1572- An Act To Correct Errors in the Laws Relating to Unlicensed Practice and Other Provisions of the Professional and Occupational Licensing Laws.

Informational

3. Finance Committee: (Jackson)

A. Book balance on March 9, 2010 was $521,122. This compares to the balance of $432,680. on March 4, 2008.

B. The number of active licensees on March 9, 2010 was 5340. This compares to 5078 licensees on March 4, 2008.

4. Rules Committee: (Sweeney)

1. Suggested changes of 'retired status' in the Statutes and/or Rules.

2. Suggested changes in the Statutes for the new 16 hour Structural Exam for the

March meeting.

The Board agreed that no changes are necessary in the Statutes or Rules at this time.

5. Examinations Committee: (Grant)

A. Observers for the April 16 and 17 Exams.

Mr. Foster or Ms. Labbe will observe the PE exam on April 16 and Dr. Grant will be at the FE exam on April 17.

6. Information Committee: (Olver)

A. Spring Newsletter

The following articles have been suggested for the spring newsletter:

1 75 years of licensure- 1935 to2010(Mr. Foster)

2 Mr. Cole retirement from the Board(Mr. Foster)

3 New Board Members- Ms. Olver andMr. Sweeney(Mr. Foster)

4 New location of Board Office(Mr. Foster)

5 Clarification of Retired Statutes(Mr. Sweeney)

6 Complaints(Mr. Ames)

B. 2010 MEPC Engineers Week

Mr. Foster reported the Engineers Week activities were successful, with more than 800 people attending and 50 exhibitors at the expo and over 200 in attendance at the Banquet.

7. Complaint Committee: (Ames)

A. Licensed

1. E10-001A

2. E10-001B

On a motion by Mr. Lotz, seconded by Ms. Olver, the Board voted 6 in favor, 0 opposed and 1 recused to dismiss Complaints E10-001A and E10-001B on the ground that there is insufficient evidence of a violation of the Board's laws and rules to pursue the disciplinary process. The recused vote was the Assistant Complaint Officer Ms. Gustin Williams.

B. Un-Licensed

1. U10-001

On a motion by Mr. Lotz, seconded by Ms. Olver, the Board voted 5 in favor, 1 opposed and 1 recused to dismiss the Complaint on the grounds of both lack of jurisdiction and insufficient evidence of unlicensed practice. The recused vote was Complaint Officer Mr. Ames.

2. U10-002

On a motion by Mr. Lotz, seconded by Mr. Sweeney, the Board voted 6 in favor, 0 opposed and 1 recused to offer a Consent Agreement. The Board determined that this was not an unlicensed practice case and that there was legal jurisdiction over this individual based upon the Engineer-in Training Certificate issued to him in 1983. The recused vote was Complaint Officer Mr. Ames.

C. Disciplinary Action Taken by other jurisdictions against Maine PEs

1. Response from Mr. Rodak, P.E. to Board's letter dated 2-11-10re Disciplinary Action by North Carolina?

On a motion by Mr. Lotz, seconded by Dr. Grant, the Board voted 7 in favor, 0 opposed that no further action be taken against Mr. Rodak.

2. Stephen P. Maslan, P.E., Disciplinary Action by Missouri

On a motion by Ms. Gustin Williams, seconded by Dr. Grant, the Board voted 5 in favor, 2 opposed to add Mr. Maslan to this year's Continuing Education audit. In addition, the Board asked Mr. Foster to request Mr. Maslan to provide a list of all of the projects for which he provided professional engineering services in the State of Maine and to describe what he has done to address the deficiencies in his engineering practice which he admitted to in the October 13, 2009 Settlement Agreement between him and the Missouri Board for Architects, Professional Engineers, Professional Surveyors and Landscape Architects.

3.Donald E. Flynn, P.E., Disciplinary Action by Florida

On a motion by Mr. Ames seconded by Dr. Grant, the Board voted 7 in favor, 0 opposed to add Mr. Flynn to this year's Continuing Education audit. In addition, the Board asked Mr. Foster to request Mr. Flynn to provide a list of projects for which he provided professional engineering services in the State of Maine and to describe what he has done to address the deficiencies in his engineering practice which he admitted to in the 2006 Consent Order with State of Florida Board of Professional Engineers.

4. Clifford R. Paul, P.E., Disciplinary Action by Arizona t

On a motion by Dr. Grant, seconded by Ms. Olver, the Board voted 7 in favor, 0 opposed to renew Mr. Paul's license.

8. Special Committees:

A. Report by the Continuing Education Committee. (Grant)

Dr. Grant reported that the Committee had met on March 1st and all but 6 of the first audits had been approved. He further reported the committee would be meeting directly after this meeting to review the remaining audit submissions.

On a motion by Dr. Grant seconded by Mr. Ames, the Board voted 5 in favor, 2 opposed to not allow other state specific law review to count toward the continuing education requirement.

9. Reading of communications:

A. E-mail from Paul Townsend concerning renovations of an existing structure to three, 2 bedroom apartment units and the need for a P.E. stamp.

The Board asked Mr. Foster to respond to Mr. Townsend that there may be exemptions on some parts of this project, but that the final authority in determining the need of a P.E. involvement is the Code Enforcement Official (CEO) as stated in Chapter 19, Section 1255, #8 of the Statutes.

8. Persons engaged in design of minor construction. Persons engaged in the design of the following minor construction do not need to provide stamped and sealed plans and specifications unless specifically required by the code enforcement officer.

10. Reading and considering applications:

A. Review and concurrence of Chair/Executive Director actions:

E On a motion by Mr. Lotz, seconded by Mr. Sweeney, the Board voted 7 in favor, 0

opposed, to concur with the following items 1 through 6:

1. Temporary certificates issued.

2. Licenses authorized for NCEES Certified Applicants.

3. Comity licenses authorized by the Executive Director and Chair.

4. Licenses by written examinations.

5. Licenses by oral examinations.

6. Reexaminations authorized by the Executive Director.

B. New Engineer Intern (E.I.) Applications.

On a motion by Mr. Lotz and seconded by Dr. Grant, the Board voted 7 in favor, 0 opposed, to approve applications of Engineer Interns to take the Fundamentals of Engineering examination listed on the attached list under Item #10.B.

C. Recently certified Engineer Interns.

F On a motion by Mr. Lotz and seconded by Dr. Grant, the Board voted 7 in favor, 0

opposed ,to approve the recently certified Engineer Interns listed on the attached list under Item #10.C

D. New P.E. Applications.

On a motion by Mr. Lotz, seconded by Dr. Grant, the Board voted

7 in favor, 0 opposed, to accept the Executive Director's recommendations of all the listed applicants.

E. Tabled and Previously Considered

None

G F. Reexamination Requests

H None

I

G. Other applications or requests.

1. Justin Desjarlias has a BS degree in Math and Physics, passed the FE exam and has MS in Civil Engineering. Mr. Desjarlias is requesting to take the PE exam with four years of experience.

J On a motion by Ms. Gustin Williams and seconded by Mr. Ames, the Board voted 7

K in favor, 0 opposed ,to table Mr. Desjarlias request until the June meeting and asked Dr. Grant to review his transcripts as to his math and science credits and if his BS degree would qualify as an allied science degree.

2. Jeffrey Carlton Lancaster - Wants to renew PE license which lapsed 12/31/2005, he has a BS in Chemical Engineering from UMO, passed both FE and PE exams in Maine and has submitted log and documentation for 38 PDHs he earned in 2009.

On a motion by Mr. Jackson seconded by Mr. Lotz, the Board voted 7 in favor, 0 opposed to renew Mr. Lancaster's PE license with no further action..

11. Unfinished Business

A. Radonremoval designs for public water supplies. Letter from Albert E. Hodsdon III

with his concerns that was tabled at our January meeting.

On a motion by Mr. Lotz seconded by Mr. Ames, the Board voted 7 in favor, 0 opposed to allow Mr. Hodsdon, P.E. and Dr. Lowry, P.E. to participate in this discussion.

The Board asked Mr. Hodsdon and Dr. Lowry to write the Board explaining their concerns about the design of these systems. Ms. Olver will contact DHHS.

On a motion by Dr. Grant seconded by Mr. Lotz, the Board voted 7 in favor, 0 opposed to table this item until the June meeting.

12. New Business:

None

13 Oral Exams:

1. Eugenio Salas, P. Eng

After the oral interview, on a motion by Mr. Lotz seconded by Mr. Sweeney, the Board voted 7 in favor, 0 opposed to deny Mr. Salas application for licensure as a Professional Engineer by Oral Examination.

2. Hans J. Kast, P.E.

After the oral interview, on a motion by Mr. Lotz, seconded by Ms. Olver, the Board voted 7 in favor and 0 opposed to grant Mr. Kast licensure as a Professional Engineer by Oral Examination.

.

14. Adjournment

A. Future meetings June 17, 2010 and August 12, 2010.

B. Meeting adjourned at 2:20 PM.

Respectfully submitted,

Warren T. Foster, P.E.

Executive Director