Business Meeting Minutes

BUSINESS MEETING MINUTES STATE BOARD OF STATIONARY ENGINEERS

DATE: July 15, 2008

TIME: 10:00 a. m.

PLACE: 500 North Calvert Street 3rd Floor Conference Room Baltimore, Maryland 21202-3651

PRESENT: George Maloney, Acting Chair Gregory Restivo, Senior Board Member Karl Kraft, Chief Boiler Inspector Harold Norris, Consumer Member Kevin McLeod, Industry Member

ABSENT: Andrew Howard, Chairman Loretta Johnson, Consumer Member

OTHERS PRESENT: Stanley Botts, Commissioner Jack Lesho, Executive Director Sloane Fried Kinstler, Assistant Attorney General Brenda Clark, Administrative Aide Bernadine Jones, Office Service Clerk Donald Maloney, W. L. Gore & Associates Tim Bagrowski, Deputy Boiler Inspector Bruce King, Boiler Inspector

CALL TO ORDER: Mr. Maloney, Vice Chair, called the meeting to order at 10:00 a.m.

APPROVAL OF MINUTES:

Motion (I) was made by Mr. Norris and seconded by Mr. Restivo to approve the Minutes of the June 17, 2008 Business Meeting without corrections. This motion passed by a unanimous vote.

COMPLAINTS: The Complaint Committee had no complaints to be reviewed.

OLD BUSINESS:

(A) Changes in language to re-propose regulation for 24-hour computerized monitoring.

At last month’s business meeting, the Committee formed to review and consider appropriate modified language for a substantive change to re-propose Regulation for 24-hour Computerized monitoring, pursuant to Business Occupations and Professions Article, Annotated Code of Maryland, §§ 6.5-205(a) (1) and 6.5-302, presented Ms. Kinstler with modified language to compose a draft to re-propose the regulation for review at this month’s business meeting. Upon review of the draft, it was determined that there were still some changes that would be required to define language for the re-proposed regulation. Motion (II) was made by Mr. McLeod and seconded by Mr. Restivo to accept the language modifications to the re-proposed draft for the 24-hour computerized monitoring Regulation. This motion was passed by a unanimous vote.

Motion (III) was made by Mr. Norris and seconded by Mr. Restivo to finalize the language modifications for the regulation based on the Board’s review of the draft. This motion was passed by a unanimous vote.

(B) Discussion on future educational resources for stationary engineers.

At last month’s business meeting, the Board discussed more educational resources for the field of stationary engineers, specifically the possibility an apprenticeship program. Mr. Lesho informed the Board that he contacted Mr. Les Bennett of the Maryland Higher Education Commission regarding any present or future consideration for approved courses with the Maryland Apprenticeship Council for stationary engineers and that the Maryland Higher Education Commission is the first step before the Maryland Apprenticeship and Training Council. Mr. Lesho requested volunteers from the Board to draft correspondence regarding the Board’s interest and forward the correspondence to him to finalize and submit to Mr. James Lyons, Secretary for the Maryland Higher Education Commission. Mr. Maloney and Mr. Restivo, the volunteer Board members, informed Mr. Lesho that the drafted correspondence is complete and will be forwarded to him to finalize and submit to Mr. Lyons.

NEW BUSINESS:

(A) New Statistical Summary Report

The Board reviewed the newly requested statistical summary report from PSI, Inc., the testing vendor, that included more cumulative information. Upon review, the Board was able to establish more informative information regarding the pass and fail rate pertaining to each topic area examined for, in addition to the examination updates of total examinations taken: passers, failures and repeat examinations. The Board discussed some concerns with lower scores in certain areas for the 1st and 2nd grade examination. The Board requested the future possibility of

2 reviewing those test questions with PSI regarding those particular topics of general knowledge and problem solving. The Board expressed interest in the future of possibly reviewing other test questions per one topic, every three months.

(B) Discussion on Variance from Regulation process

Mr. Kraft reviewed with the Board information regarding variance from regulation, explaining that after regulation for the 24-hour computerized monitoring is approved there may be person(s) who may believe that the regulation is unreasonable or imposes an undue burden on a licensee, or other person responsible for the safe operation of a boiler or plant of machinery. If so, the Board could possibly consider putting some guidelines in place for the option of requesting variance from regulation. Upon discussion, the Board agreed that a Committee of two industry Board members should be formed to review and draft guidelines for consideration of variance of regulation. Mr. Kraft and Mr. McLeod agreed to be the committee. Motion (IV) was made by Mr. Restivo and seconded by Mr. Norris to form a committee to review and draft guidelines for consideration of variance of regulation, this motion was passed by a unanimous vote.

Mr. Restivo discussed with the Board the former Board of Examining Engineers, specifically the issuance of the 4th grade license. Mr. Restivo informed the Board that the 4th grade license under the former board included crane operators that eventually became very few. Mr. Kraft informed the Board of an effort by the Division of Labor and Industry Commissioner, Ron DiJuliis, as a result of recent crane accidents that have been reported, has appointed a Crane Safety Task Force charged with developing a certification process for riggers and cranes. Mr. Kraft suggested that the Board should consider future discussion on the possibility of regulating Riggers and Operators.

NO CORRESPONDENCE:

EXECUTIVE SESSION:

Motion (Y) was made by Mr. Restivo and seconded by Mr. Norris, and unanimously carried by the Board members of the State Board of Stationary Engineers in attendance to go into Executive Session at 11:40 a.m., 3rd Floor Conference Room, 500 North Calvert Street, Baltimore, Maryland 21202. This meeting was permitted to be closed pursuant to State Government Article, Annotated code of Maryland, § 10-508 (a) (8). The purpose of this session was to consult with Counsel and the Board members regarding consideration of approval for original licensure of an individual with a prior conviction. Upon completion of this session, the Board reconvened the public meeting at 11:55 a.m. Motion (VI) was made by Mr. Restivo and seconded by Mr. McLeod to adopt the findings of the Executive Session. This motion was carried by a unanimous vote.

3 COUNSEL’S REPORT No Counsel Report

NO CHAIRMAN’S REPORT

ADJOURNMENT:

Motion (VII) was made by Mr. Restivo, seconded by Mr. Norris, and unanimously carried by the Board to adjourn the Stationary Engineer meeting at 12:05 p.m.

______With corrections

______Without corrections

______Andrew Howard, Chairman Date