The Minutes of the March 26, 2009 Board Meeting have not been formally approved and are subject to change or modification by the Public Body at its regular meeting on April 23, 2009.

The notice of the March 26, 2009 meeting has been mailed to the Star Ledger,
Camden Courier Post, and Trenton Times newspapers, and has also been posted on the Bulletin Board at the Office of the Secretary of State, Trenton, New Jersey.

The Board Meeting of March 26, 2009 was called to order at 9:00 am with the following Members in attendance:

Peter I. Voros, Chairman

Ralph Wetzel, Vice-Chairman

Michael K. Maloney

Paul N. Bontempo

Mark McManus

Adam J. Sabath

Donald Dileo

Michael L. Sestanovich, Secretary, was absent

BOARD MEMBER - VACANCY - (1)

As of this Board meeting date, there is one (1) Board member vacancy for a Public Member. That position was formerly held by Board Member Margaret Sieb who resigned on December 15, 2005.


Others in attendance:
The following individuals were in attendance from 9:00 a.m. until the close of the meeting at 3:00 pm: Rosemarie Baccile, Executive Assistant and
Joseph A. Donofrio, Counseling Deputy Attorney General (DAG)

PUBLIC SESSION VISITORS:
Thomas F. Walsh, New Jersey State League of Master Plumbers (NJSLMP) and
East Brunswick Plumbing Subcode Official; Liz Moritz, NJSLMP; Gary Italiano, NJSLMP; Frank Brill, Brill Public Affairs, PHCC

PLEDGE OF ALLEGIANCE to the FLAG
Chairman Peter Voros led the Board in the Pledge of Allegiance to the Flag and requested that Members join in a moment of silence in recognition of U.S. troops serving our Country.

APPROVAL OF THE MINUTES ~ FEBRUARY 26, 2009 MEETING
A motion was made by Ralph Wetzel and seconded by Mark McManus
to approve the minutes of the February 26, 2009 meeting. A vote was taken and the motion unanimously passed.

PRESENT BOARD MEMBERS - &- CAPACITIES

MAYOR PETER I. VOROS ~ MASTER PLUMBER MEMBER ~ CHAIRMAN

RALPH WETZEL ~MASTER PLUMBER MEMBER ~ VICE-CHAIRMAN

MICHAEL L. SESTANOVICH ~ INSPECTOR MEMBER - SECRETARY

MARK MC MANUS ~ JOURNEYMAN PLUMBER

MICHAEL K. MALONEY ~ MASTER PLUMBER MEMBER

DONALD B. DILEO ~ PUBLIC MEMBER

PAUL N. BONTEMPO - PUBLIC MEMBER

ADAM J. SABATH ~ STATE MEMBER
TOTAL BOARD COMPLEMENT (9):Vacancy /Public Member - formerly held by Mrs. Sieb

DISCIPLINARY MATTERS

1. GLENN J. DAVIS, SR. - IN THE MATTER OF THE APPLICATION TO BE CERTIFIED AS A MEDICAL GAS PIPING INSTALLER -
CONSENT ORDER SIGNED FEBRUARY 9, 2009... Order states in part:

This matter was opened to the New Jersey State Board of Examiners of Master Plumbers (“the Board”) upon receipt of an application for certification as a medical gas piping installer from Glenn J. Davis (“respondent”). Respondent indicated on his application he had been convicted on January 30, 2007 of driving while intoxicated. Respondent’s driver’s abstract indicates respondent was also arrested on two other separate occasions, November 05, 2003 and September 17, 2006, and charged with Operating a Vehicle Under the Influence. Respondent was found guilty of both offenses.
Respondent appeared at an investigative inquiry into the matter held by the Board and testified acknowledging he was convicted of the three driving under the influence offenses. Respondent stated that as a result of his third conviction on January 30, 2007, his driver’s license was suspended for a ten (10) year period. Respondent acknowledged he had a problem with alcohol abuse and claimed he has been sober for nine (9) months. He currently attends Alcoholics Anonymous every other day and he has a sponsor.
Respondent further testified that he has been a journeyman plumber for thirty (30) years and has been installing medical gas piping for twelve (12) years. Respondent stated that his employer is aware of his revoked driving privileges and that he was never under the influence of drugs or alcohol while installing medical gas piping.
Having considered all of the available information, including the testimony of respondent during the investigative inquiry, the Board has determined that respondent may be certified subject to the conditions outlined in this order. Respondent appears to be doing well in recovery at this time. However, the Board is keenly aware of respondent’s history and therefore any deviation from the terms of this order will result in immediate suspension of respondent’s certification. The Board finds that such a provision, coupled with respondent’s continued involvement with Alcoholics Anonymous, is adequate to protect the health, safety and welfare of the public and that good cause exists for entry of this order.

1. Respondent shall be granted certification as a medical gas piping installer subject to the restrictions in this order.

2. Respondent shall abstain from any and all mood altering or intoxicating
substances, including, but not limited to alcohol, as well as any controlled dangerous substances except pursuant to a bona fide prescription written by a physician or dentist for good medical or dental cause in his treatment. In addition, respondent shall advise any and all treating physicians and/or dentists of his history of substance abuse.

1. Continued

GLENN J. DAVIS, SR. - IN THE MATTER OF THE APPLICATION TO BE CERTIFIED AS A MEDICAL GAS PIPING INSTALLER -
CONSENT ORDER SIGNED FEBRUARY 9, 2009... Order states in part:

Respondent shall cause any physician or dentist who prescribes medication which is a controlled dangerous substance to provide a written report to the Board together with patient records indicating the need for such medication. Such report shall be provided no later than two (2) days subsequent to the prescription.

3. Respondent shall continue in treatment with Alcoholics Anonymous. Respondent shall provide proof of attendance at Alcoholics Anonymous, as well as reports from each and every mental health professional (including but not limited to: psychologists, counselors, therapists, psychiatrists) who are participating in respondent’s care and/or treatment. This information shall be provided directly to the Board on a quarterly basis. For purposes of this order, the first submitted quarterly proofs of attendance shall be due simultaneous with the signing of this order for Alcoholics Anonymous and mental health treatment for the months of September, October, November and December of 2008. The next quarterly proofs shall be due on March 31, 2009 for the months of January, February and March of 2009 and then quarterly thereafter. If respondent discontinues participation with Alcoholics Anonymous, without first obtaining approval of the Board, he shall be deemed in violation of this order.

4. Respondent hereby consents to the entry of an order of automatic suspension of
his certification, without notice, upon the Board's receipt of information which the Board in its sole discretion deems reliable demonstrating that respondent has had a relapse or recurrence of drug or alcohol abuse or is not capable of carrying out the functions of a certified medical gas piping installer consistent with the public health, safety, or welfare or that respondent has failed to comply with any of the conditions set forth in this Consent Order.

5. Respondent shall have the right to apply for removal of the automatic suspension five (5) days notice but in such event shall be limited to a showing that the evidence of a relapse or recurrence of drug or alcohol abuse or other information submitted was false.

6. Respondent may apply for a modification or the termination of the requirements
contained in this order no sooner than one (1) year from the entry date of this order.

_____________________________________________________________________

Revisiting from February 26, 2009
2. RE: NJSA 52:27D-509
Certification of Propane /LP Gas Board licensing ~
Request for exemption of Master Plumbers
On February 26, 2009, Board Members discussed the role of the Licensed Master Plumber in this new legislation for Propane/LP Gas Board licensing, and unanimously agreed that the Licensed Master Plumber should be exempt from this Certification. DAG Joseph A. Donofrio advised that he would correspond with Ms. Cynthia Wilk of the Department of Community Affairs, in Trenton, NJ to obtain further details concerning this Certification and how it affects the license of the Master Plumber.

On March 26, 2009, DAG Donofrio advised that he has been in contact with Cynthia Wilk and Tom Pitcherello of the Department of Community Affairs, and they have agreed to meet with the Board on this issue. A Committee of the Board will include Chairman Peter Voros, and Board Members Ralph Wetzel and Michael Maloney. A motion was made by Mark McManus and seconded by Donald Dileo to schedule this Committee meeting accordingly. A vote was taken and the motion unanimously passed.

3. PLUMBING-HEATING-COOLING CONTRACTORS (PHCC)
February 20 2009 Correspondence regarding:
A. Fire Protection Sprinkler issue;
B. Plumbing Home Study Program/APPRENTICESHIP PROGRAM
C. CE Seminars for PHCC

On March 26, 2009, DAG Donofrio advised that the issue of (A) Sprinkler systems is not within the domain of the licensed master plumber.

With respect to (B) “Home Study Programs” for formal apprenticeship training / Master Plumbers, evidence must be provided that these courses have been approved by the U.S. Department of Labor before being accepted as qualifying a candidate for the Master Plumber’s examination. DAG Donofrio advised that he will further investigate this matter and Board Member Ralph Wetzel offered his assistance. {C} Seminar issues will be addressed by the Board Office.
____________________________________________________________________________

DISCIPLINARY ACTIONS - PENALTY PAYMENTS ______________________________________________________________________________

4. RICK HARRIS, UNLICENSED, T/A RICH HARRIS, LLC
Registered as Home Improvement Contractor
Thomas F. Walsh, East Brunswick Subcode, FILE ID # 50946
OFFER OF SETTLEMENT IN LIEU OF DISCIPLINARY PROCEEDING
$1,250 PENALTY PAID MARCH 4, 2009 & Signed certification

______________________________________________________________________________

DISCIPLINARY ACTIONS - PENALTY PAYMENTS ______________________________________________________________________________

5. MICHAEL SITEK, UNLICENSED, T/A SITEK PLUMBING
OFFER OF SETTLEMENT IN LIEU OF DISCIPLINARY PROCEEDING
$2,500 PENALTY PAID MARCH 3,2009
___________________________________________________________________________

6. CONTINUING EDUCATION AUDIT BIENNIAL 2005-2007
Provisional Order(s) of Discipline (POD) filed October 27, 2008
Group A” - those who attended a late ‘make-up’ course

On August 25, 2006 the Board conducted a CE audit involving selected licensees. Respondent(s) indicated on the 2005-2007 biennial renewal application that they will have completed the requirement by June 30, 2005; however, they failed to do so.

Respondent(s) were assessed a $500 penalty pursuant to NJSA 45:1-22 for failing to complete the required CE for the 2005-2007 biennial by June 30, 2005, in violation of NJSA 45:1-21(h). Respondent(s) were also assessed a $1,000 penalty for indicating on the application that they would complete the five (5) CE hours by the required date and failing to do so in violation of NJSA 45:1-21(e). The following licensees have complied with the POD, attended a make-up course, and are reported on this Agenda for their penalty payments during February and March of 2009:

FRANCIS X. LAMPARELLO, LMP # 9103 $1,500 penalty paid 2/11/09
TIMOTHY F. DANIEL, LMP # 10262 $1,500 penalty paid 3/11/09
ANGELO D. ROTONDO, LMP # 8592 1st payment pd 2/27/09 for $500
KENNETH J. MACKENZIE, LMP # 9741 1st payment pd 3/11/09 for $500
KENNETH B. SCHNEIDER, LMP # 4675 2nd payment pd 3/16/09 for $500

Note: Any payment arrangements for this audit are scheduled with the Board’s approval and are generally arranged at $500.00 per month for (3) consecutive months.

TOTAL PENALTIES COLLECTED for 2005-2007 CE AUDIT = $18,500.00

________________________________________________________________________

DISCIPLINARY ACTIONS - PENALTY PAYMENTS ________________________________________________________________________

7. ERIK MAHER, LMP # 11130
OFFER OF SETTLEMENT IN LIEU OF DISCIPLINARY PROCEEDING
$500 PENALTY AND $1,000 RESTITUTION dated December 3, 2008
& CLOSED, FILE ID # 59856

Violation of ~
N.J.S.A. 45:1-21(e) has engaged in professional or occupational misconduct

In conjunction with:
CONSUMER COMPLAINT MATTER
DANIEL KAUDERN, CONSUMER, FILE ID # 59856

The Board determined that the licensee failed to honor his own permit, and while someone had been working under his permit, he remains the responsible party since he failed to notify the proper authorities and withdraw his permit. A $500 fine with an award of $1,000 in consumer restitution was assessed for Maher’s violation of N.J.S.A. 45:1-21(e) professional or occupational misconduct, for not upholding his responsibilities regarding permit matters.


8. JAMES KELLY, LMP # 7857, t/a KELCO PLUMBING
OFFER OF SETTLEMENT IN LIEU OF DISCIPLINARY PROCEEDING
Payment of restitution 3/5/2009 - FILE ID # 52796 - $358.33
Payment arrangements for the $1,100 penalty payment

Violation of ~
N.J.S.A. 45:1-21(e) has engaged in professional or occupational misconduct
failure to follow up on his permit - In conjunction with:
CONSUMER COMPLAINT MATTER
MARGARET MARANCIK, CONSUMER, FILE ID # 52796

• Failing to obtain the necessary permits and inspections for this job..... $500 penalty
• Failure to prepare and issue a contract to the consumer ..........................$500 penalty
• Failure to indicate his Master Plumber’s license data on bill head....... $100 penalty
• Consumer restitution in the amount of $358.33 (costs to correct plumbing work)

9. BRAD MC CULLOUGH, UNLICENSED, T/A BRAD’S WATER WORKS
OFFER OF SETTLEMENT IN LIEU OF DISCIPLINARY PROCEEDING
$500 paid 1/2/2009 - & - $500 paid 2/06/2009 - Payment arrangements
$2,500 TOTAL PENALTY

In conjunction with complaint matter from the Township of East Brunswick, NJ
Thomas Walsh, Plumbing Subcode Official
Work site: Rejected plumbing permit for water heater
261 Rues Lane East Brunswick, NJ 08816 - FILE ID # 56877
______________________________________________________________________
10. MICHAEL MARIANO, LMP # 8022, T/A MARIANO PLUMBING
Payment arrangements for a 1,000 total penalty;
1st payment - $250.00 paid 12-31-2008 - Signed certification
➨Reporting 2nd Payment dated 3-14-2009 ~ $250.00
OFFER OF SETTLEMENT IN LIEU OF DISCIPLINARY PROCEEDING
Violation of ~ N.J.S.A. 45:1-21(e) has engaged in professional or occupational misconduct

In conjunction with consumer complaint matter:
JAMES TOBIN, CONSUMER, FILE ID # 58762
Installation of water heater on August 22, 2005; permit dated May 19, 2008 -
Untimely securing of a plumbing permit on this job
___________________________________________________________________________

11. Revisiting the request of: Wayne Miller,
Qualifications for the Master Plumber’s examination /transcripts

Mr. Miller was recently denied by the Board as a candidate for the Master Plumber’s examination since he did not meet the qualifications according to the Statutes, and had been notified by formal correspondence. He re-submitted a request that the Board consider his transcripts.

On March 26, 2009, the Board discussed this matter noting that Wayne Miller has not provided documentation to prove that he was supervised as a journeyman plumber for one year, as required by existing New Jersey Plumbing Statutes, N.J.S.A. 45:14C-15 (b)(2), and he must produce a W-2 form for his journeyman year with a diploma, to serve as evidence of his degree. A motion was made by Ralph Wetzel and seconded by Michael Maloney. A vote was taken and the motion unanimously passed.

Not on the Published Agenda:

A motion was made by Ralph Wetzel and seconded by Michael Maloney to permit CE Sponsor ThomasWalsh an increase in his class size provided that he has two (2) CE instructors conducting this course. A vote was taken and the motion unanimously passed.

______________________________________________________________________

It is noted that applications for the Master Plumber’s
examination, Master Plumber’s business registration
forms, and Bona fide Representative registrations are reviewed by Board Members during the course of each business meeting.

Applications for Medical Gas Piping installers, brazers and instructors are also reviewed at this time.
______________________________________________________________________

EXECUTIVE CLOSED SESSION MOTION:

A motion was made by Mark McManus and seconded by Paul Bontempo to proceed into Executive Closed Session to conduct seven (7) Investigative Inquiry matters, review approximately ten (10) complaint matters, disciplinary matters arising from the CE audit, consider administrative closings, investigations of possible violations of applicable law, pending or anticipated litigation, matters under investigation, the DAG caseload, and review matters within the attorney-client relationship exception to the Open Public Meetings Act. A vote was taken and the motion unanimously passed.

The subject of this discussion shall remain confidential until such time as the reasons for having this matter in Executive Closed Session are no longer applicable. The next regularly scheduled meeting is for April 23, 2009, at 9:00 a.m. in the Essex Room.

Respectfully submitted,

_____________________________

Lawrence DeMarzo, Deputy Director
Division of Consumer Affairs