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MINUTES BOARD FOR PROFESSIONAL LAND SURVEYORS DATE: August 5, 2009 TIME: 9:30 A.M. PLACE: 500 N. Calvert Street Room 308 Baltimore, Maryland 21202 PRESENT: Charles Maloy, Chairman Joan Dunne John Mettee Donald Ocker Daniel Lavelle Thomas Orisich OTHERS PRESENT: Pamela J. Edwards, Assistant Executive Director Milena Trust, Assistant Attorney General Harry Loleas, Deputy Commissioner Deborah L. Evans, Administrative Secretary Shannon Davis, Outreach Coordinator Steve Jones, Maryland Society of Surveyors CALL TO ORDER Charles Maloy, Chairman called the meeting to order at 9:35 a.m. MINUTES Motion (I) was made by Mr. Orisich, seconded by Mr. Mettee and unanimously carried to approve the minutes of the June 3, 2009 meeting as written. MINUTES – LAND SURVEYORS August 5, 2009 Page Two COMPLAINT REPORT #08-LS-06 – inactive #08-LS-10 – continued – waiting for more information from respondent #08-LS-15 – closed – consent order signed #09-LS-05 – closed – letter of warning to be sent #09-LS-06 – send for investigation #09-LS-07 – closed - complaint withdrawn #09-LS-08– under review #10-LS-01 – send 10 day response letter #10-LS-02 – need more information from complainant; send 10-day letter #10-LS-03 – send 10 day letter to respondent #10-LS-04 – send to investigator Motion (II) was made by Mr. Mettee, seconded by Ms. Dunne and unanimously carried to accept the committee’s report as submitted. CORRESPONDENCE The Board received an e-mail from Mr. Gustafson inquiring as to whether 3-D laser scanning requires licensure. The Board states that 3D laser scanning, just like photogrammetry or GPS, is a tool that is being used, and it is not the tool or the equipment itself that defines whether or not the licensure is required, but the end result or purpose for which such equipment is used. The Board emphasized that it does not license the technology; instead, it is the purpose for which the technology is being used that defines the licensing requirements. Ms. Trust will draft a letter back to Mr. Gustafson. Motion (III) to adopt this position was made by Mr. Orisich, seconded by Ms. Dunne and unanimously carried. NEW BUSINESS Mr. Orisich bought to the Board’s attention that some County RFP’s may allow professional engineers to do work that only a professional land surveyor or property line surveyor should do and specifying a scope of work that is less than the requirements needed to meet the minimum standards of practice. Ms. Trust will draft a letter to Talbot and St. Mary’s County regarding this. It was noted that the Board does not have the authority or interest in advising any municipality on the manner in which the county business is conducted. However, the Board is charged with making sure that in the interest of public protection, the services are performed by individuals who are appropriately licensed to perform such services and meet the minimum standards of practice. Pursuant to the terms of the Board’s licensing statute, a portion of the services called for by this RFP MINUTES – LAND SURVEYORS August 5, 2009 Page Three could only be performed by Maryland licensed professional land or property line surveyors. It should be noted that the Board appreciates their revisions of this RFP and any future RFP’s in order to assure full compliance with the Maryland State law governing land surveyors. OTHER BUSINESS Ms. Trust and Shannon Davis, the Outreach Coordinator will draft an article for the next newsletter regarding 3-D laser scanning. Ms. Edwards reported to the Board that the Professional Land Surveyors and the Landscape Architects Board have decided to be excluded from the RFP for an exam vendor. Mr. Loleas reported to the Board that he talked to one exam vendor who would be willing to write the state specific examinations and the cost would be around $15,000.00. Board members and outside people would be part of the test development team. Mr. Maloy asked that staff start working on an RFP for the development of these examinations. Mr. Orisich will be attending the NCEES Annual Meeting. It was also noted by the Board that Howard Harclerode, Chairman of the Professional Engineers Board, is running for Treasurer. APPLICATIONS FOR PROFESSIONAL LAND SURVEYOR BY EXAMINATION 1. William F. Grueninger, III – approved. 2. John P. Demos – approved. APPLICATIONS FOR CORPORATION 1. Foresite Associates, Inc. – approved. 2. Advanced Civil Design, Inc. – approved 3. M. A. Engineering Consultants, Inc. – approved. Following a review of the above applications by a minimum of two board members, a motion (IV) for approval was made by Mr. Orisich, seconded by Mr. Mettee and unanimously carried. MINUTES – LAND SURVEYORS August 5, 2009 Page Four EXECUTIVE SESSION Motion (V) was made by Mr. Orisich, seconded by Mr. Ocker to go into Executive Session at 11:00 a.m., 3rd Floor Conference Room, Baltimore, Maryland 21202. This meeting is permitted to be closed pursuant to State Government Article, §10-508. The purpose of this meeting was to consult with Counsel. Upon completion of the Session, the Board re-convened the public meeting at 11:125.am. APRIL 2009 EXAM STATISTICS Fundamentals – 14 sat, 9 passed, 5 failed Principles & Practice – 19 sat, 11 passed, 8 failed Maryland Law & Ethical Issues – 19 sat, 16 passed, 3 failed Maryland Road Grade & Storm Drain – 38 sat, 20 passed, 18 failed 9 people passed to get LSIT certificate 20 people passed to get licensed as a Professional Land Surveyor ADJOURNMENT There being no further business, motion (VI) was made by Mr. Orisich, seconded by Ms. Dunne and unanimously carried to adjourn the meeting at 11:45 a.m. ______ With Corrections ______ Without Corrections Signed by Charles Maloy, Chairman, September 2, 2009.
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