PRESENT: Robert Schulman, Esquire, Chairman

BOARD OF PILOTS MINUTES

DATE: January 8, 2010

PLACE: 500 N. Calvert Street 3rd Floor Conference Room Baltimore, MD 21202

PRESENT: Robert Schulman, Esquire, Chairman Elizabeth Williams, DLLR Michael S. Derby Captain Randall Bourgeois Captain Elizabeth Christman Captain Eric Nielsen Mike R. Reagoso, III David Chenowith

ABSENT: Captain Mark Adams

OTHERS PRESENT: Jay Hutchins, Executive Director Pamela J. Edwards, Assistant Executive Director Elizabeth Trimble, Esquire, Counsel to the Board James Bartlett, Esquire, Counsel for Association Donna M. B. King, Esquire Jo-Ann Krause

CALL TO ORDER

Chairman Schulman called the meeting to order at 10:35 a.m.

APPROVAL OF THE MINUTES

Motion (I) was made by Captain Nielsen, seconded by Captain Christman, and unanimously carried to approve the minutes of the October 9, 2009 meeting with corrections.

PILOT COMPLEMENT REPORT

Captain Nielsen said the first report “Arrivals” shows that in 2009 there were 15% less arrivals than in 2008; however, a December to December comparison is similar. The second report, “Shifts”, indicates number of shifts were down by 40%. Cargo report has not been updated by the MPA.

The Pilots Years of Service report indicates that 22 pilots have enough years of service to retire at anytime. The Pilot Ages report shows the number of pilots broken down by age categories. The majority of pilots are over 50 years of age. The last report projects the number of pilots who could retire each year through 2015. One BOARD OF PILOTS January 8, 2010 Page Two pilot retired in 2009 instead of the anticipated number. The remaining pilots have been moved over to the 2010 category. He stated that there is a large number who are eligible to be retire in the next few years. He has not performed a survey since before the economic downtrend which changed many plans. Once the economy stabilizes, another survey will be undertaken to determine when pilots are planning to retire.

The next report is the “Proposed Pilot Complement”. Captain Nielsen recommended that two pilots-in-training be selected to begin on May 1, 2010 and that the situation be reviewed again in April or June.

PILOT-IN-TRAINING SELECTION COMMITTEE

Captain Bourgeois reported that the committee is currently inactive. He stated that the committee would like board staff to send an email to those on the eligibility list asking them to update their employment status and license, if applicable.

Motion (II) was made by Captain Bourgeois, seconded by Captain Nielsen, and unanimously carried to offer apprenticeships to the next two eligible candidates on the list and if any decline to move to the next.

WORK RULES COMMITTEE

Chairman Schulman reported that no new work rules affecting safety have been approved by the Association.

EXECUTIVE SESSION

Motion (III) was made by Captain Nielsen, seconded by David Chenowith, and unanimously carried to go into Executive Session at 10:50 a.m., at 500 North Calvert Street, 3rd Floor Conference Room, Baltimore, Maryland, 21202. This session was permitted to be closed pursuant to State Government Article, Title 10-508(a)(7). Upon completion of the session, the Board reconvened its public meeting at 11:15 a.m.

QUALIFICATION COMMITTEE

Captain Nielsen reported that Michael Lavin is eligible for upgrade to 37’ draft limited pilot license pending approval of the association by a vote of confidence in accordance with its administrative work rules. Motion (IV) was made by Michael Derby, seconded by Captain Christman and unanimously carried by the Board to approve the upgrade subject to the Association’s approval.

REPORT ON COMPLAINTS AND INCIDENTS

Michael Derby gave the following report: BOARD OF PILOTS January 8, 2010 Page Three

Complaints

08-BP-04 Under review 08-BP-02 Under review 09-BP-01 Under review

Incidents

I-127 Case remanded back to Board. 09-02 Recommend send to AAG for pre-charge review 09-03 Grounding due to mechanical failure – no violation on part of the pilot – recommend close

Motion (V) was made by David Chenowith, seconded by Captain Bourgeois, and unanimously carried to accept the recommendations of the Incident Committee.

Captain Nielsen reported that four non-reportable incidents occurred since the last meeting. They are as follows:

On December 24, 2009 M/V GLOBAL BISLET lost the main engine in the Lower Craighill Channel. After several minutes, the engine came back at half speed and the pilot requested tugs and a docking pilot. Two tugs met the vessel approximately at Sparrows Point. When the vessel was docking at Hawkins Point, the engine again failed to respond. The ship’s port anchor was dropped and the ship was stopped and then docked by two tugs.

On December 25, 2009, the M/V MSC LEVINA lost engine departing Seagirt Terminal and was maneuvered to anchor at the upper end of Baltimore Anchorage with the assistance of tugs.

On December 30, 2009, the M/V V-ROD was scheduled to shift from Annapolis to the Consolidated coal pier in Baltimore, but after the vessel got underway it first went dead slow ahead for 5-10 minutes. When the pilot issued the order for dead slow ahead again, the engine did not immediately respond. The vessel was anchored, the problem was corrected, and the ship later proceeded to Baltimore without further incident.

On January 3, 2010, the M/V SAIMAAGRACHT was bow in, starboard side to the lower berth at Pier 10 Canton. The docking pilot was to shift the vessel to Pier 10 South Locust Point Marine Terminal. Heavy wind gusts pressed the vessel against the bank of the shallow water that extends southwest from the end of that pier. After the tugs were repositioned, the vessel was able to move away from the bank and completed the maneuver without incident. BOARD OF PILOTS January 8, 2010 Page Four

OLD BUSINESS

Sunset Review

It was reported that the Sunset Evaluation of the Board was completed and the report was received. The analyst recommended that a full evaluation be waived and that the Board’s termination date be extended to July 1, 2022. A follow-up report is due by October 1, 2010 on other recommendations that were made by the Sunset Analyst relating to better tracking of continuing education compliance; whether a federal pilot license should be a requirement for state pilot licensing; increasing pilot-in-training application fees and licensing fees; revising draft levels of licenses; better review and evaluation of the association’s annual audits; and improving accounting of board-related expenditures when staff are shared among several boards.

Legislation

Mr. Loleas stated that a hearing will be held on the bill to extend the Board’s life and that some Board members should attend.

He also noted that HB 82 which is the bill to revise the vessel drafts of licenses has been pre-filed and will be introduced next week. There should be an early hearing. Captain Nielsen stated that he would like the effective date to be July 1, 2010. Mr. Loleas said that he will see if the date can be amended.

Proposed Amendments on Regulations

Ms. Edwards reported that the amendments to the regulations were published in the December 18, 2009 issue of the Maryland Register.

OTHER BUSINESS

The date of the next Board meeting is April 9, 2010.

ADJOURNMENT

There being no further business, motion (VI) was made by Mr. Derby, seconded by Captain Christman and unanimously carried by the Board to adjourn the meeting at 11:30 a.m.

With Corrections x Without Corrections

SIGNED BY CHAIRMAN ROBERT B. SCHULMAN APRIL 9, 2010 CORRECTIONS TO October 9, 2009 minutes

On Page 3, the following section should read:

QUALIFICATION COMMITTEE

Captain Nielsen reported that four pilots-in-training are eligible for upgrades to 28’ draft limited licenses as of December 1, 2009, if approved by the Association. They are: Ronald DallaValle, Steven Germac, Christopher Wilson, and Raymond Harrington. Motion (III) was made by Michael Derby, seconded by Captain Christman and unanimously carried by the Board to approve the upgrades, pending approval of the Association by a vote of confidence in accordance with its Administrative Work Rules.

Captain Nielsen stated that two others are eligible for upgrades to 34’ draft limited licenses as of December 1, 2009, if approved by the Association. They are David LaChappelle, and Bruce Morse-Ellington. Motion (IV) was made by Michael Derby, seconded by Captain Christman and unanimously carried by the Board to approve the upgrades, pending approval of the Association by a vote of confidence in accordance with its Administrative Work Rules.

Captain Nielsen reported that two others are eligible for upgrades to 37’ draft limited licenses as of December 1, 2009, if approved by the Association. They are Kevin Hanna and Mark Baummer. Motion (V) was made by Michael Derby, seconded by Captain Christman and unanimously carried by the Board to approve the upgrades, pending approval of the Association by a vote of confidence in accordance with its Administrative Work Rules.