Board Meeting Minutes: June 23, 2011

Members Present: Board members present were; Dr. Donald Grant, P.E , Chair ; Mandy Holway Olver, P.E, Vice Chair; George W. Ames, P.E; Clifton W. Greim, P.E; Lawrence E. Bartlett, P.E. and Kenneth L. Sweeney, P.E. Also present were Judith Peters, Assistant Attorney General and Warren T. Foster, P.E., Executive Director.

Call to Order: The meeting was called to order at 9:05 a.m. by Chair Dr. Donald Grant in the First Floor Conference Room at 295 Water Street in Augusta.

  1. Minutes of previous meeting and other preliminaries.
    Members Present: Board members present were; Dr. Donald Grant, P.E ,Chair ; Mandy Holway Olver, P.E, Vice Chair; George W. Ames, P.E; Clifton W. Greim, P.E; Lawrence E. Bartlett, P.E. and Kenneth L. Sweeney, P.E. Also present were Judith Peters, Assistant Attorney General and Warren T. Foster, P.E., Executive Director.
    Call to Order: The meeting was called to order at 9:05 a.m. by Chair Dr. Donald Grant in the First Floor Conference Room at 295 Water Street in Augusta. and 2 recusals to approve the minutes. The two recusals were Mr. Greim and Mr. Bartlett the new Board members who were not in attendance at the March Meeting.
    The Chair Dr. Grant welcomed the new members to the Board.
  2. Executive Committee (Grant)
    1. NCEES Northeast Zone meeting.
      Mr. Ames provided a report summarizing items presented at the Zone Meeting in Annapolis, MD May 19-21, 2011. Mr. Ames and Mr. Foster attended this meeting.
    2. NCEES 90th Annual Meeting, August, 24-27, 2011 in Providence, RI.
      On a motion by Ms. Olver, seconded by Mr. Sweeney, the Board voted unanimously that Mr. Ames be the funded delegate and Mr. Bartlett be the funded first- time attendee.
    3. Status of filling Board vacancies.
      Mr. Foster reported that he was working with the Governor’s Office to fill the vacant Public Member position on the Board.
    4. Licensing foreign applicants not licensed in their country.
      Informational
  3. Finance Committee: (Ames)
    1. Book balance on June 1, 2011 was $306,399.This compares to the balance on June 1, 2009 of $229,709.
    2. The number of active licensees on June 1, 2011 was 5898. This compares to the number of active licensees on June 1, 2009 of 5628.
      The Chair appointed Mr. Greim to the Finance Committee.
  4. Rules Committee: (Sweeney)
    1. Potential Changes to Laws and/or Rules.
      1. FE Exam CBT (less than 8 hours)
      2. 16 hour Structural Exam
      3. Oral Exams for licensure
      4. Temporary License
      5. Allied Science Degree
      6. Foreign Degree The Board added un-licensed practice to this list. The Chair appointed Mr. Ames, Mr. Sweeney and Mr. Foster to a Committee to review potential changes and report back to the Board at the August meeting.
  5. Examinations Committee: (Grant)
    1. Concurrence with the results of the Principles and Practices of Engineering (PE) examination held on April 8, 2011.
      On a motion by Mr. Ames, seconded by Mr. Sweeney, the Board voted unanimously to concur with the results of the Principles and Practices of Engineering (PE) examination held on April 8, 2011.
    2. Concurrence with results of the Fundamentals of Engineering (FE) held on April 9, 2011.
      On a motion by Mr. Ames, seconded by Mr. Sweeney, the Board voted unanimously to concur with the results of the Fundamentals of Engineering (FE) held on April 9, 2011.
    3. Concerns relating to cost for FE/FS CBT Exams.
      The Board asked the Executive Director to investigate subsidizing administration fees for the FE exam and report finding at the August meeting.
    4. Notice of future changes to NCEES exams.
      Informational
    5. Summary of April 2011 Exam and Candidate Survey.
      Informational
  6. Information Committee: (Olver)
    1. Fall Newsletter
      The following articles were suggested for the Fall Newsletter:
      1. Articles introducing our new members. (Mr.Greim and Mr. Bartlett)
      2. Mr. Lotz leaving the Board
      3. Potential changes to the Laws and/or Rules.
  7. Complaint Committee: (Ames)
    1. Licensed
      1. E11-001
        On a motion made by Mr. Sweeney, seconded by Ms. Olver, the Board voted 5 in favor, 0 in opposition, 1 recusal to dismiss this complaint with a letter of guidance to the licensee. The recused was Mr. Ames, the Complaint Officer.
    2. Un-Licensed
      None
    3. Complaints filed by other jurisdictions against Maine PEs
      1. Lawrence E. Bennett, P.E. - Letter and the Settlement Stipulation, dated August 12, 2010 sent as a result of a Complaint against him in the State of Florida.
        On a motion by Ms. Olver, seconded by Mr. Sweeney, the Board voted 6 in favor, 0 opposed to add Mr. Bennett to this year’s Continuing Education audit. In addition, the Board asked Mr. Foster to request Mr. Bennett 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 to which he admitted in the August 12, 2010 Settlement Stipulation with the State of Florida Board of Professional Engineers.
      2. Letter from W. Gray Dodge, P.E.
        The Board agreed that no further action be taken against Mr. Dodge.
    4. The collapse of the Kennebec Ice Arena. After a discussing led by Mr. Ames on the known details of the collapse, the Board agreed that no further action be taken on this item.
  8. Special Committees:
    1. Report by the Continuing Education Committee
      Continuing Education renewal card (Green Card)
      The Chair appointed Mr. Bartlett to the Continuing Education Committee.
      The Board agreed with the wording proposed for the 2011 renewal card questions pertaining to criminal and disciplinary action.
  9. Reading of communications:
    1. E-mail from Gerald Barnes concerning road-related practices that can be done by Licensed State Forester.
      The Board asked Mr. Foster to respond to Mr. Barnes that if a private road is involved no licensed engineer is required, if road is open to the public then there must be a licensed engineer involved.
    2. Letter from William A. Lotz.
      The Board asked Mr. Foster to respond to Mr. Lotz that they received his letter, which was discussed at the June meeting and to thank him for his comments.
    3. Letter from Society for Mining, Metallurgy & Exploration.
      Informational
    4. E- Mail from Scott E. Braley concerning new state adopted code.
      The Board asked Mr. Foster to respond to Mr. Braley’s e-mail that they would take his concerns under advisement.
  10. Reading and considering applications:
    1. Review and concurrence of Chair/Executive Director actions:
      On a motion by Mr. Ames, seconded by Mr. Sweeney, the Board voted (6 in favor, 0 opposed), to concur with the following Item 10- A, 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.
        None
      6. Reexaminations authorized by the Executive Director.
    2. New Engineer Intern (E.I.) Applications.
      On a motion by Mr. Sweeney, seconded by Mr. Greim, the Board voted (6 in favor,0 opposed), to concur with Item B.
    3. Recently certified Engineer Interns.
      On a motion by Mr. Ames, seconded by Mr. Sweeney, the Board voted (6 in favor, 0 opposed), to concur with Item C.
    4. New P.E. Applications.
      On a motion by Mr. Greim, seconded by Mr. Ames, the Board voted (6 in favor, 0 opposed), to concur with Item D.
    5. Tabled and previously considered.
      None
    6. Reexamination Requests
      None
    7. Other applications or requests.
      None
  11. Unfinished Business
  12. New Business:
  13. Oral Exams:
    1. Antonina Rivera Holland 10:00.
      After the oral interview, on a motion by Mr. Sweeney, seconded by Mr. Ames the Board voted 6 in favor and 0 opposed to grant Ms. Holland a Maine Professional Engineering License.
    2. Barry John Green 10:45
      After the oral interview, on a motion by Ms. Olver, seconded by Mr. Ames the Board voted 6 in favor and 0 opposed to grant Mr. Green a Maine Professional Engineering License.
  14. Adjournment

Future meetings, August 18, 2011

On a motion by Mr. Sweeney, seconded by Mr. Ames, the Board voted (5 in favor, opposed),to adjourn at 12:45 PM.

Respectfully submitted,

Warren T. Foster, P.E
Executive Director