Board Meeting Minutes: June 17, 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.; . 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 9:12 a.m. by Chair Gustin Williams in the Olde Federal Building 1st Floor Conference Room on Water Street in Augusta.

1. Minutes of previous meeting and other preliminaries.

A. Approval of the previous meeting on March 25, 2010

There were no corrections or additions to the January 28, 2010 meeting minutes.

On a motion by Dr. Grant seconded by Mr. Lotz, the Board voted unanimously to approve the minutes.

2. Executive Committee (Gustin Williams)

A. NCEES Northeast Zone meeting

Mr. Ames and Mr. Lotz reported on the April 15-17, 2010 Zone Meeting held in Tampa, FL.Their written reports were distributed to the members.

B. NCEES 89th Annual Meeting, August, 18-21, 2010

On a motion by Mr. Lotz, seconded by Mr. Sweeney, the Board voted unanimously that Mr. Ames be the funded delegate. On a motion by Mr. Sweeney, seconded by Mr. Ames, the Board voted unanimously that Mr. Lotz also attend the annual meeting.

C. Resolve c. 191 Stakeholders Meeting May 19, 2010

Mr. Ames reported to the Board the conclusions reached by the stakeholders group after two meetings. Commissioner Head will draft a document summarizing these conclusions for discussion at the stakeholders July meeting.

D. Suggested Changes to Applications/Renewals (Ms. Peters)

On a motion by Mr. Ames, seconded by Mr. Lotz, the Board voted unanimously to add a question concerning criminal convictions and disciplinary action on the original application and the renewal application. The Board agreed that this should be completed by the end of 2010. Ms. Gustin Williams, Mr. Sweeney and Mr. Jackson will develop a procedure for reviewing affirmative responses to these questions. Ms. Peters distributed a copy of ' The Maine Revised Statutes Title 5, Chapter 341: Occupational License Disqualification on Basis of Criminal Record" to help in the development of this procedure.

3. Finance Committee: (Jackson)

A. Book balance on June 1, 2010 was $481,814. This compares to $395,193 on May 27, 2008.

B. The number of active licensees on June 1, 2010 was 5515. This compares to 5273 licensees on May 27, 2008.

4. Rules Committee: (Sweeney)

5. Examinations Committee: (Grant)

A. Concurrence with the results of the Principles and Practices of Engineering (PE) examination held on April 16, 2010.

B. Concurrence with results of the Fundamentals of Engineering (FE) held on April 17, 2010.

On a motion by Mr. Lotz, seconded by Mr. Sweeney, the Board voted unanimously to concur with the results of the April 16, 2010 PE exam and the April 17, 2010 FE exam.

6. Information Committee: (Olver)

A. Fall Newsletter

Suggested Articles :

1. Article pertaining to the criminal conviction procedure.( See Item 2-D)

7. Complaint Committee: (Ames)

A. Licensee

None

B. Unlicensed

1. U10-003

2. U10-004

On a motion by Mr. Sweeney, seconded by Ms. Olver, the Board voted 3 in favor, 0 against and 3 recusals to dismiss the complaints due to lack of jurisdiction and to refer them both to the State of Maine Office of Attorney General for action with respect to unlawful use of the title" Professional Engineer" and possible unlicensed practice of professional engineering in the State of Maine. The three recusals were Mr Lotz, Dr. Grant and Mr. Ames.

C. Disciplinary Action Taken by other jurisdictions against Maine PEs

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

On a motion by Dr. Grant, seconded by Mr. Ames, the Board voted 6 in favor, 0 against to license Mr. Maslan.

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

On a motion by Dr. Grant, seconded by Ms.Olver, the Board voted 6 in favor, 0 against to license Mr. Flynn.

D. An overview of the Complaint Process (Ms. Peters)

Ms. Peters presented a comprehensive review of the complaint process.

E. Plan review, State Fire Marshals Office and other locations ( Ames)

The Board tabled this item . The Board asked Ms. Peters to confirm 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.

8. Special Committees:

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

Dr. Grant reported that the Committee met on May 27th and would meet after the Board meeting today. Only one licensee has not responded to the audit. There are six licensees that were asked to supply additional back up material.

9. Reading of communications:

A. Board response to 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.

Informational

B. NCEES Memorandum- Proposed Amendment to bylaws
Informational

C. E-mail from Denis St. Peter, P.E. concerning the use of Engineer in the title.

The Board asked Mr. Foster to respond Mr. St. Peter.

10. Reading and considering applications:

A. Review and concurrence of Chair/Executive Director actions:
On a motion by Mr. Lotz, seconded by Mr. Sweeney, the Board voted 6 in favor, 0
opposed, to concur with the following items 1 through 6:

Temporary certificates issued.

Licenses authorized for NCEES Certified Applicants.

Comity licenses authorized by the Executive Director and Chair.

Licenses by written examinations.

Licenses by oral examinations.

Reexaminations authorized by the Executive Director.

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

On a motion by Mr. Lotz, 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 Mr. Lotz and seconded by Mr. Sweeney, the Board voted 6 in favor, 0opposed ,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. Linwood E. Lufkin Wants to reinstate his PE license which lapsed 12/31/2005, he has a BS in Agricultural Engineering from UMO, MS in Civil Engineering from Texas A&M, was licensed before exams were required in 1963 and has submitted log and documentation for 45.5 PDHs he earned in 2009 and 2010.

On a motion by Mr. Ames, seconded by Dr. Grant, the Board voted 6 in favor, 0 opposed that Mr. Lufkin must meet the present requirements for licensure. Reinstatement was denied.

2. 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. At our March meeting the Board tabled 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.

On a motion by Dr. Grant, seconded by Mr. Lotz, the Board voted 6 in favor, 0 opposed, to accept Mr. Desjarlias as an Allied Science Degree and allow him to take the PE exam after 8 years of experience.

3. Laid Goldman passed PE and FE in NY,could not be licensed in NY because he is not a US citizen. Mr. Goldman is requesting to be licensed in Maine.

On a motion by Mr. Lotz, seconded by Mr. Sweeney, the Board voted 5 in favor, 1 opposed to license Mr.Goldman.

11. Unfinished Business

A. Radon removal designs for public water supplies. Letter from Albert E. Hodsdon III with his concerns that was tabled at our January meeting and discussed at the March meeting.

The Board asked Mr. Foster, with Ms. Olvers help to respond to Mr. Hodgdon and Mr. Hyland, Program Manager of the Radiation Control Program.

12. New Business:

None

13. Oral Exams:

None

14. Adjournment

A. Next meetings are August 12, 2010 and November 18, 2010.

B. Meeting adjourned at 2:45 PM

Respectfully submitted,

Warren T. Foster, P.E
Executive Director