Board Meeting Minutes: November 18, 2010

Revised December 6, 2010

Members Present: Board members present were: Kathy Gustin Williams, P.E, Chair; Donald A. Grant, P.E., Vice Chair; Mandy Holway Olver, P.E.; William A. Lotz, P.E.; George W. Ames, P.E; and Kenneth L. Sweeney, P.E. Also present were: Judith Peters, Assistant Attorney General, and Warren T. Foster, P.E., Executive Director. In addition, there were four members of the public who attended during the discussion of Complaints.

Call to Order: The meeting was called to order at 9:14 a.m. by Chair Gustin Williams.

1. Minutes of previous meeting and other preliminaries:

A. Approval of the previous meeting on August 12, 2010.

There were no corrections or additions to the August 12, 2010 meeting minutes. On a motion by Dr. Grant, seconded by Mr. Ames, the Board voted (6 in favor, 0 opposed) to approve the minutes.

2. Executive Committee: (Gustin Williams)

A. NCEES 89th Annual Meeting, August 12-15, 2009

Mr. Ames discussed highlights of the Annual Meeting from a report submitted prior to this Board meeting. Mr. Lotz also reported on his observations from the

August meeting.

B. Engineer Week 2011

On a motion by Dr. Grant, seconded by Mr. Lotz, the Board voted (6 in favor, 0 opposed) to support MEPC Engineers Week in the amount of $3500 and to authorize Mr. Foster to spend up to $500 for supplies for the 2011 Expo to be held at the University of Southern Maine on February 19, 2011.

C. 2011 Northeast Zone Interim Meeting

On a motion by Mr. Lotz, seconded by Dr. Grant the Board voted (6 in favor, 0 opposed) to send two delegates to the zone meeting in Annapolis, MD in May. Ms. Olver, Mr. Sweeney and Mr. Ames expressed interest in attending. The NCEES will pay all expenses for two Board members. It will be decided who will attend at the January meeting.

D. Meeting with Engineers Australia

Ms. Gustin Williams reported on a meeting held between a delegation from Engineers Australia and representatives from Maine's PE Board. The meeting focused on the similarities and differences in our licensure process. Ms. Gustin Williams has written an article in the fall 2010 Newsletter with the details of this meeting.

E. 2011 Board Presidents' Assembly February 11-12, 2011

On a motion by Mr. Lotz, seconded by Dr. Grant the Board voted (6 in favor, 0 opposed) to send the Executive Director or a Board member to this meeting.

3. Finance Committee:

A. Book balance on November 2, 2010 was $413,716. This compares to the balance

of $337,091 on November 4, 2008 .

B. The number of active licensees on November 2, 2010 was 5693. This compares to 5420 on November 4, 2008.

4. Rules Committee:

5. Examinations Committee: (Grant)

A. October 29 and 30 Exams

The Board was represented by Ms. Labbe as an observer for the PE exam on

October 29, 2010 and Dr. Grant observed the FE exam on October 30, 2010.

A representative from NCEES was also present monitoring the administration of

both exams.

6. Information Committee: (Olver)

A. Spring Newsletter

The deadline for articles for the Spring Newsletter is May 1, 2011.

7. Complaint Committee: (Ames)

A. Licensee

1. E10-004

On a motion by Mr. Lotz, seconded by Ms. Olver, the Board voted (5 in favor, 0 opposed and 1 recused) to dismiss the complaints on the ground that there is no evidence of a violation of the Board's laws and rules. The recused vote was

Complaint Officer Mr. Ames.

B. Unlicensed

1. U10-005

On a motion by Mr. Lotz, seconded by Mr. Sweeney, the Board voted (5 in favor, 0 opposed and 1 recused) to dismiss the complaint due to lack of jurisdiction and to refer to the State of Maine Office of Attorney General for possible further action.

The recused vote was Complaint Officer Mr. Ames.

C. Disciplinary Action Taken by other jurisdictions against Maine PE:

1. Ali Abolhassan- Practicing engineering in Florida without a license and a

Certificate of Authorization.

On a motion by Ms. Olver, seconded by Dr. Grant, the Board voted (6 in favor, 0 oposed) to take no further action against Mr. Abolhassan's license.

2. Kiumars Bahri- That his firm had been practicing engineering in Alabama without a Certificate of Authorization. class=Section5>

On a motion by Mr. Lotz seconded by Dr. Grant, the Board voted (6 in favor, 0 opposed) to audit Mr. Bahri's Continuing Education for the upcoming licensure renewal. The Board will ask Mr. Bahri 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 to which he admitted to in his engineering practice pursuant to 2010 State of Alabama discipline.

3. Robert A. Walz- Produced a deficient, substandard or inaccurate report, failing to protect the public in North Carolina.

On a motion by Dr. Grant seconded by Mr. Lotz, the Board voted (6 in favor, 0 opposed) to audit Mr.Walz's Continuing Education for the upcoming licensure renewal. The Board will ask Mr. Walz 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 found in his engineering practice pursuant to 2006 State of North Carolina discipline.

8. Special Committees:

A. Continuing Education Committee: (Dr. Grant)

Dr. Grant reported that all licensees audited complied to the required 30 PDHs for the 2009 renewal.

9. Reading of communications:

A. E-mail from Chris Green to William Lotz and subsequent correspondence.

The e-mail and subsequent correspondence were reviewed, no action was taken.

B. NCEES Education Standards.

Informational

10. Reading and considering applications:

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

On a motion by Mr. Lotz, seconded by Ms. Olver, the Board voted (6 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 Dr. Grant, seconded by Mr. Sweeney, the Board voted (6 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:

On a motion by Dr. Grant, seconded by Mr. Sweeney, the Board voted (6 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 (6 in favor, 0 opposed), to accept the Executive Director's recommendations of all the listed applicants.

E. Tabled and previously considered:

None

F. Reexamination Requests:

None

G. Other applications or requests:

1. Michael Gerazounis is licensed as a professional engineer in New York where his license is on disciplinary probation. He submitted an application for licensure in Maine.

On a motion by Mr. Sweeney, seconded by Dr. Grant, the Board voted (6 in favor, 0 opposed) to deny Mr. Gerazounis's application based on the misconduct in New York.

2. Peter Foster's license expired on 12/31/05. He submitted an application for reinstatement of licensure.

On a motion by Mr. Lotz, seconded by Ms. Olver, the Board voted (6 in favor, 0 opposed) to reinstate Mr. Foster's professional engineering license.

3. Timothy R. Gaston is licensed in TX(2009) and NH(2010),but does not have a BS in engineering.

On a motion by Mr. Ames, seconded by Mr. Lotz, the Board voted (6 in favor, 0 opposed) to deny Mr. Gaston's application based on the lack of an engineering degree or an acceptable equivalent.

4. Gregory A. Robinson is licensed in North Carolina , South Carolina and other States. A complaint was filed against him in SC when he continued to practice after his license had lapsed. This was settled by a Consent Agreement in 2006.

He has submitted an application for licensure in Maine.

On a motion by Mr. Lotz, seconded by Dr. Grant, the Board voted (6 in favor, 0 opposed) license Mr. Robinson.

11. Unfinished Business:

1. Development of a procedure for reviewing affirmative responses concerning criminal convictions and disciplinary action on application and renewals.

The affirmative responses will be dealt with on a case by case basis by the Board.

2. Response to Mr. Hodsdon and Mr. Hyland, Program Manager of the

Radiation Control Program.

The Board agreed with the wording in the draft letter to Mr. Hyland that was distributed with the agenda.

3. Confirmation from AG's Office regarding if the Board has the authority to conduct a survey of plans submitted to Code Enforcement Officials, Fire Marshals Office and other locations where plans are submitted.

The Board agreed that although it has the authority that this would not be done at this time.

12. New Business:

None

13. Oral Exams:

None

14. Adjournment

A. Future meetings: January 20, 2011 and March 17, 2011

B. Meeting adjourned at 12:28 PM

Respectfully submitted,

Warren T. Foster, P.E

Executive Director