Board Meeting Minutes: March 24, 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; William 1. Lotz, 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 Board Office on the Second Floor at 295 Water Street in August1.

  1. Executive Committee (Grant)
    1. Board’s position on Master’s or Equivalent for Licensure.
      On a motion by Mr. Sweeney, seconded by Mr. Ames, the Board voted (5 in favor, 0 opposed) against supporting the additional educational requirement of 30 hours for licensure in Maine .
    2. LD 43- An Act to Repeal the Maine Uniform Building and Energy Code. Informational
    3. LD 904- An Act to Make Changes to Boards and Commissions…. Informational
    4. LD 1128- An Act to Modify the Requirements for Municipal CEO Training. Informational
    5. Status of filling of Board vacancies.
      Mr. Foster reported that there is interest in the vacant PE Board position and has been working with the Governor’s Office. There is no candidate interested in the Vacant public member position.
  2. Finance Committee: (Ames)
    1. Book balance on March 3, 2011 was $354,590. This compares to the balance of $296,478. on February 27, 2009.
    2. The number of active licensees on March 3, 2011 was 5816. This compares to 5529 licensees on February 27, 2009.
  3. Rules Committee: (Sweeney)
  4. Examinations Committee: (Grant)
  5. Information Committee: (Olver)
    1. Spring Newsletter. The following articles have been suggested for the spring newsletter:
      1. Ms.Gustin Williams leaving the Board
      2. Article by the Chair.
      3. Article by Mr. Sweeney.
      4. Recently Resolved Complaints.
      5. 2011 Engineer Week/ Expo.
        Mr. Lotz may submit an article. The deadline for submitting articles is May 1st.
    2. 2011 MEPC Engineers Week
      Mr. Foster reported the Engineers Week activities were successful, with over 1100 students attending and 60 exhibitors at the expo and over 160 in attendance at the Banquet.
  6. Complaint Committee: (Ames)
    1. Licensed
      None
    2. Un-Licensed
      1. U10-006
        On a motion by Mr. Lotz, seconded by Mr. Sweeney, the Board voted (4 in favor, 0 opposed and 1 recusal) to dismiss the complaint. The recusal was Mr. Ames the Complaint Officer.
    3. Complaints filed by other jurisdictions against Maine PEs
      1. Robert 1. Walz- The Board agreed that any application to renew Mr. Walz’s license will be denied preliminarily if he does not provide the information regarding discipline in another jurisdiction requested by the Board by letters dated November 29, 2010 and January 3, 2011.
      2. Lawrence E. Bennett, P.E. - Letter and the Settlement Stipulation dated August 12, 2010 against his professional engineer license in the State of Florid1.
        The Board asked Mr. Foster to get more information from the State of Florida concerning the discipline against Mr. Bennett’s professional engineer license
      3. Michael Zimmerman, P.E. - Letter and the Settlement Agreement dated December, 2010 against his professional engineer license in the State of New Hampshire.
        On a motion by Mr. Lotz, seconded by Ms.Olver, the Board voted (5 in favor, 0 opposed) to file a complaint against Mr. Zimmerman professional engineer license based on the New Hampshire and Vermont discipline.
  7. Special Committees:
    1. Report by the Continuing Education Committee (Lotz)
      The committee had nothing to report at this time.
  8. Reading of communications:
    1. Letter from Mr. Lotz concerning the recent collapse of the Kennebec Ice Aren1.
      The Board determined that Mr. Lotz’s correspondence should be handled as a formal complaint.
    2. E-mail from Clint Smith, with a question concerning the requirement for approval of a licensed professional engineer for CMP’s distribution construction standards, criteria and materials.
      On a motion by Mr. Lotz, seconded by Mr. Ames, the Board voted (5 in favor, 0 Opposed) that the distribution construction standards, distribution construction criteria, and distribution construction material should be stamped by a Licensed Maine Professional Engineer.
    3. E-mail from 2d LT John Cronin about advertising Air National Guard in our Newsletter.
      On a motion by Mr. Lotz, seconded by Mr. Ames, the Board voted (5 in favor, 0 Opposed) not to allow advertising in the Board’s newsletter.
  9. Reading and considering applications:
    1. Review and concurrence of Chair/Executive Director actions:
      On a motion by Mr. Lotz, seconded by Mr. Sweeney, the Board voted (5 in favor, 0 Opposed), to concur with the following Item 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. Lotz, seconded by Ms. Olver, the Board voted (5 in favor,0 Opposed), to concur with Item B.
    3. Recently certified Engineer Interns.
      On a motion by Mr. Lotz, seconded by Ms. Olver, the Board voted (5 in favor, 0 Opposed), to concur with Item C.
    4. New P.E. Applications.
    5. Tabled and previously considered.
    6. Reexamination Requests
    7. Other applications or requests.
      1. Mark Shulman, P.E. is licensed in Pennsylvania and Oklahoma. A complaint was filed against him in Oklahoma for practicing engineering without a license. This was settled by a Consent Agreement in 2009. He has submitted an application for licensure in Maine.
        On a motion by Mr. Lotz, seconded by Mr. Ames, the Board voted (5 in favor, 0 Opposed), to license Mr. Shulman.
      2. Lawrence B. Wilson’s license expired 12/31/99, meets all present requirements (BS in Engineering, passed FE and PE exams). He is not licensed in any State. Mr. Wilson has submitted an application to reinstate his license.
        On a motion by Ms. Olver, seconded by Mr. Sweeney, the Board voted (5 in favor, 0 Opposed),to reinstate license Mr. Wilson’s license.
  10. Unfinished Business
  11. New Business:
  12. Oral Exams:
  13. Adjournment
    Future meetings, June 16, 2011 and August 18, 2011

On a motion by Mr. Lotz, seconded by Mr. Ames, the Board voted (5 in favor, 0 Opposed),to adjourn at 10:48 AM.

Respectfully submitted,

Warren T. Foster, P.E
Executive Director