|February 9, 2007
|Oregon Landscape Architect Board
February 9, 2007
Members Present: Paul Kyllo, Public Member (excused from 10:00 AM to 12:00 PM)
Andrew Leisinger, Vice-Chair, Landscape Architect
Ron Nichols, Public Member, Treasurer
David Olsen, Landscape Architect (excused at 2:00 PM)
Mel Stout, Landscape Architect
Timothy Van Wormer, Chair, Landscape Architect
Members Absent: Vacant Public Member
Staff Present: Susanna Knight, Administrator
Kyle Martin, AAG (8:30 AM to 11:00 AM)
The meeting was preceded by a Work Session at 8:30 AM. AAG Kyle Martin joined the Board. Chair VanWormer announced
“The Board will now meet in executive session for the purpose of reviewing documents that are exempt by law from public inspection under ORS 192.660(2)(f). Representatives of the news media and designated staff shall be allowed to attend the executive session. All other members of the audience are asked to leave the room. Representatives of the news media are specifically directed not to report on any of the deliberations during the executive session, except to state the general subject of the session as previously announced. No decision will be made in executive session. At the end of the executive session, we will return to open session and welcome the audience back into the room.”
The Board returned to the Public meeting at 10:55 AM. VanWormer announced that the Board had made no decisions and recessed the Board for a five minute break.
Chair VanWormer called the Board meeting to order at 11:00 AM and requested approval of the agenda as presented. Kyllo requested to be excused at 10:00 AM for a meeting outside of Salem to return by 1:00 PM. Olsen asked to be excused at 2:00 PM for personal business. Stout asked to schedule the Continuing Education Committee report when committee members Kyllo and Olsen are present. Leisinger stated that he would like all to be present for his recommendations during the Investment Committee report. Leisinger moved to approve the agenda. Seconded and unanimously passed. Kyllo, yes Leisinger, yes; Nichols, yes; Olsen, yes; Stout, yes; and VanWormer, yes.
Nichols moved to approve the Board minutes of the November 17, 2006 Board meeting. Olsen inquired about his appointment to the Budget Committee under 7.B. The Board discussed the Budget Committee makeup and determined that the Treasurer and Chair should serve on that committee. Nichols moved to amend the motion with the modification as discussed. Seconded and unanimously passed. Kyllo, yes Leisinger, yes; Nichols, yes; Olsen, yes; Stout, yes; and VanWormer, yes.
Stout moved to approve the minutes of the December 8, 2006 Board meeting. Seconded and unanimously passed. Kyllo, yes; Leisinger, yes; Nichols, yes; Olsen, yes; Stout, yes; and VanWormer, yes.
2. ADMINISTRATIVE MATTERS:
1. Budget: Knight requested that Board Members check their calendars, as a Special Meeting will be convened to discuss the 2007-09 budget. The Board agreed to convene a telephone meeting on Friday, March 9, 2007, at 8:30 AM. In addition, Knight indicated that for the 2007-09 draft budget, she must be given direction for CLARB participation by the Board and staff. Leisinger stated that it is important to get the Administrator back in the loop for learning about CLARB and networking with other administrators. He stated that it is important that all Board Members become involved with CLARB, including the public members, and recommended that Board Member participation be on a rotating basis with two new Board Members attending each year. Nichols moved to send the Administrator and one Board member on a rotating basis to each of two meetings each year of the biennium. Seconded and unanimously passed. Kyllo, yes Leisinger, yes; Nichols, yes; Olsen, yes; Stout, yes; and VanWormer, yes.
Knight reported the following information for her Board Administrator Report:
2. Examination update: CLARB results were received on February 6, 2007. Of ten candidates sitting for Section C of the LARE, 7 passed and 3 failed. Of sixteen candidates sitting for the LARE Section E, 7 passed and 9 failed.
3. Legislative Bills: Staff is currently following two bills. SB 70 is a Secretary of State bill that would change the requirement for all semi-independent Boards from a biennial audit to a biennial financial review. HB 2252 is a bill that will grant background check authority for the Board. Knight polled the Executive Committee and then contacted the Board’s AAG about this bill when she was contact by DCBS. Both the Executive Committee and the AAG were supportive of the Board’s involvement with it. When the dash 1 amendment is prepared, the Board will be on the bill.
4. Computer update: A design meeting was held on January 18, 2007, for the conversion of the current Foxpro database to a Filemaker database. The contract for this project is pending. A search is underway for a Webmaster, as the current volunteer is no longer available to provide this service. In addition, an estimate for present hardware costs and projected hardware cost is was received February 6, 2007. VanWormer directed that the computer hardware discussion be placed on the March 9, 2007, special meeting list.
5. Business registration issues: Staff received two inquiries about business registration.
a. The first asked of the requirement of a business to remain registered if not currently practicing landscape architecture. The Board stated that OAR 804-035-0035 requires the payment of late fees and delinquent fees for reinstating a lapsed registration. There is currently no other status for businesses. The Board stated that a business must not be advertising landscape architect services if they are not registered with the Board.
b. The second inquiry was regarding the desire to maintain a personal registration in Oregon while working in a company that does not practice in Oregon. Must the company register when the company is not practicing in Oregon if an LA is an active registrant? The Board response is that the individual may maintain an active registration without the company being registered, but if the company advertises or accepts work in Oregon, then the company must register.
6. Monitoring other activities: Knight asked that Board members monitor meeting minutes and notices of two Boards with overlapping activities with the Landscape Architect Board: Oregon Landscape Contractors Board (OLCB) and Oregon Board of Architect Examiners (OBAE). Leisinger volunteered to continue serving as liaison to OBAE and Olsen volunteered to serve as liaison with the OLCB.
Budget Update 2005-07 Biennium: Knight directed the Board to the Revenue and Expense Report which revealed that the Board currently has an excess of revenue over expenses of $39,979.20 for this biennium. The Balance Sheet as of January 29, 2007 revealed that in year two of the biennium (which began July 1, 2006), the Board has $15,991.39 of net income. In reviewing the report on the Biennial Budget vs. Actual, Olsen asked how the projected expense for Examination Fee in the 2005-07 Biennium was established, as the actual expense for this category is substantially less than that budgeted. Knight explained that the Budget Committee used actual figures in the QuickBooks file to establish that amount. Evidently it was not an accurate picture, but this new biennium budget should have a closer budget to actual amount in this category.
Business Registration Update (See Appendix I): Knight referred the members to Appendix I in their meeting packet which lists the following four new businesses added to the Board Roster since the last Board meeting: Ceccacci Associates, Jerome Diethelm-Architect/LA, J.D. Walsh & Associates, and Clark Matschek.
Inactive Registrants (See Appendix I): Knight reported that Nicole Horst has been approved for Inactive status.
VanWormer asked that the Board Administrator’s report be provided to the Board Members in their meeting packets.
Van Wormer announced at noon that lunch was ready and directed Board Members to return with their lunch to continue the work of the Board. Kyllo returned to the meeting.
3. COMMITTEE REPORTS A. ADMINISTRATIVE RULES COMMITTEE:
1. OAR 804-003-0000, Definitions: Committee Chair Nichols directed the Board to the draft revised definition of Emeritus. Based on input during Executive Session, Nichols recommended that the Board refrain from revisions to the definition and rather consider a rulemaking section devoted to the Emeritus status. Information will be prepared for the next Board meeting. Nichols reported that the Rules Advisory Committee had considerable discussion about the terms conceptual plans and construction documents. He directed Board Members to the information provided in the Board packets issued before the meeting. Based on input from the Executive Session, Nichols recommends that the Board refrain from defining these terms in rule at this time.
2. OAR 804, Division 10, Examination Eligibility: Stout moved to approve the revisions to Division 10 as presented and with the following addition: the language for OAR 804-010-0020, (4) should read: A Board written response will provide the applicant with the Board’s evaluation and conclusions regarding admission to the examination. Seconded and passed. Kyllo, yes; Leisinger, yes; Nichols, yes; Olsen, yes; Stout, yes; and VanWormer, yes.
3. OAR 804, Division 22, Registration: Nichols moved to approve Division 22 as presented with the following additional revisions: add Qualification forto the title Registration; add not by Reciprocityto the section titled Initial Landscape Architect Registration;insert the word initialbefore registration in OAR 804-022-0005 (1); add Landscape Architect Registration bybefore the word Reciprocity in OAR 804-022-0010. Seconded and passed. Kyllo, yes; Leisinger, yes; Nichols, yes; Olsen, yes; Stout, yes; and VanWormer, yes.
4. OAR 805, Division 20, Examination Application Process: Leisinger moved to approve Division 20 with revisions to the presented draft as listed below. Seconded and passed. Kyllo, yes; Leisinger, yes; Nichols, yes; Olsen, yes; Stout, yes; and VanWormer, yes.
i. OAR 804-020-0001(2) will read as follows: The board administers sections of the LARE as designated by CLARB;
ii. OAR 804-020-0001(3) Candidate must request of CLARB to provide verification to the Oregon Board of passing LARE sections administered through CLARB.;
iii. OAR 804-020-0030(1) The LARE will be administered on the date and time established by CLARB;
iv. OAR 804-020-0030(2) The board will establish the location of the examination.;
v. OAR 804-020-0065 will be repealed as this information is contained in ORS 671.425.
5. Nichols announced that the Administrative Rules Committee will draft rules outlining the duties, powers, and functions of an LAIT.
B. CONTINUING EDUCATION COMMITTEE: Chair Stout directed the Board to the written committee report as submitted in the Board meeting materials. In particular, he directed the Board members to the revised PDH Tracking LOG as presented in their packet. In addition to the revised log, the Committee is recommending that only the log be submitted for the audit. The committee report confirmed that five audited registrants provided follow-up information and are now eligible to receive their registration card. Stout directed the Board to page 2 of the report where additional activities are listed that could be submitted for PDH credit. He stated that “or other event” should be inserted in guideline #4 after …Shadow Mentor Day Program. Leisinger moved to approve the report with the minor addition to the additional activities list. Additional discussion followed. Stout and Olsen clarified that if the committee finds the submitted PDH log incomplete or questions information presented in the log, it may require all backup that support the credits submitted on the log. Motion seconded and passed. Kyllo, yes; Leisinger, yes; Nichols, yes; Olsen, yes; Stout, yes; and VanWormer, yes.
C. INVESTMENT COMMITTEE: Leisinger reported that Board action is required to change the current Money Market account at Pioneer Trust Bank to an interest bearing account and he moved that the Board approve this change. Motion seconded and passed. Kyllo, yes; Leisinger, yes; Nichols, yes; Olsen, yes; Stout, yes; and VanWormer, yes. Leisinger then reported that he had contacted a financial advisor and it was recommended to him that the Board invest funds in CDs at their current bank. He stated that the current interest rate is just under 5%. Leisinger moved to place Board funds into laddered CDs of 6 month, 12 month, and 18 month status of $20,000 each. Motion seconded and passed: Kyllo, yes; Leisinger, yes; Nichols, yes; Olsen, yes; Stout, yes; and VanWormer, yes.
Agenda Item E.3. Request to Reinstate Registration
At 1:45 PM, Chair VanWormer announced that Charles Rosenfeld was present to request reinstatement of his registration to practice as a Landscape Architect in Oregon. The Chair directed numerous questions to Mr. Rosenfeld regarding the delinquency in his renewal and how he planned to prevent this from happening in the future. Rosenfeld explained that he did not receive his notice, perhaps because the street has had two different street names in the past year and mail confusion has occurred and much mail has been lost. Chair VanWormer pointed out that it is the registrant’s responsibility to keep their registration current even if they do not receive the reminder notice. Staff reported that the registration became delinquent on 9/30/2006. On 12/5/2006 a letter was issued informing Mr. Rosenfeld of the delinquent status of his registration. He immediately called the office and subsequently wrote to the Board to request reinstatement. Olsen stated that it was a good intent to respond to the Board’s letter. Stout moved to reinstate the registration of Charles Rosenfeld. Motion seconded and passed. Kyllo, yes; Leisinger, yes; Nichols, yes; Olsen, yes; Stout, yes; and VanWormer, yes.
Van Wormer stated that the Board would take a five minute break. Olsen stated that he would depart at this break in the meeting. The meeting was reconvened at 1:55 PM.
D. COMPLIANCE COMMITTEE: Chair Kyllo provided the following case statuses:
1. LACC #05-01-001: This was a case where the individual used the title architecture in his landscape design business. Although the respondent proposed to remove this reference, the respondent failed to provide copies of letterhead, business card, etc. in response to a Board letter issued in November 2006. After the Portland Home and Garden Show, staff will contact the Board’s AAG about further investigation.
2. LACC #07-01-001: The respondent in this case received direct communication from the Board regarding the civil penalty authority for use of the title Landscape Architect without Oregon registration back in October 2006. In late November 2006, the respondent is listed in bid documents as a Landscape Architect. Knight stated that the cover letter with the bid papers was signed by two individuals that are registered Landscape Architects, but nothing on the cover letter indicated their registration. Kyllo moved that two new cases be opened, one for use of title without registration and one for the company’s promotion of a title that is not registered in Oregon, since both the respondent and the business are subject to the Board’s authority. Motion seconded and passed: Kyllo, yes; Leisinger, yes; Nichols, yes; Stout, yes; and VanWormer, yes.
The Board then discussed the question regarding experience “as a consultant” versus as a supervised employee. Does a consultant receive proper supervision as an employee would? Who has the ultimate authority when an individual acts as a consultant? The Board went back to the minutes of the November meeting where the Board concurred that “direct supervision” required that the person be an employee. OAR 804-030-0010 refers to this question and “prepared under” becomes the question.
At 3:00 PM, Kyllo was excused from the meeting.
Chair Van Wormer directed that staff provide information to and work with the Board’s AAG regarding the discussion item (#3.B.1.b.& c) of the November Board Meeting dealing with direct supervision.
E. LICENSURE REVIEW COMMITTEE: Chair Van Wormer referred the Board to the listing of updates in Appendix I.
1. Initial Registration by Examination: There were no new applicants, but Van Wormer completed the oral interview with one candidate whose application was approved at the last meeting. Initial registration was issued November 28, 2006.
2. Approved for LA Registration by Reciprocity: Three new registrations as Landscape Architects by reciprocity were recently approved: John F. Barker, LA611, 10/28/2006; John P. Andrew, LA 614, 1/13/2007; and Hong Joo Kim, LA 615, 1/13/2007.
4. OLD BUSINESS
A. Letter to Registered Businesses: VanWormer reported that 121 letters were issued to registered businesses informing them that the Board regulates both the practice and the title. Both he and staff have received numerous calls inquiring as to the intent of the letter. The letter was not singling out any business, but was rather an attempt at outreach to keep all businesses informed about the practice of landscape architecture and the use of the title.
A. LAC 07 01 032: VanWormer stated that he will discuss the response from CLARB regarding each state’s decision for admittance to the examination with the Board Administrator as a follow-up to CLARB’s response to the Board’s correspondence dated January 12, 2007.
B. LAC 07 01 033: This registrant inquiry questioned whether a change of business name also required a change in the business registration number. The Board concurred that if the name of a business changes, that business number must be terminated and a new business number assigned. The current payment, renewal date, etc. would be carried over with the newly assigned number. If only the address changed or the RLA in charge, no business registration number change is necessary.
C. LAC 07 01 034: Based on the decision during the Rules Committee meeting, age will not be a deciding factor for Emeritus status. Any emeritus registrant must understand that they cannot practice, as it is only an honorary title. If they should wish to practice in the future, they must notify the Board and pay the appropriate fees. Leisinger moved to approve the emeritus status request of Michael J. Murray RLA51. Motion seconded and passed: Leisinger, yes; Nichols, yes; Stout, yes; and VanWormer, yes.
D. LAC 07 01 035: The Board discussed the CLARB C2ED Coursework and reviewed the comments provided by CLARB’s President and staff. CLARB clarified that the purpose of the C2ED examination preparation coursework is to provide candidates with educational opportunities that give the candidate feedback on their professional weaknesses so that the candidate might have the opportunity to correct that weakness through work assignments. CLARB suggested that Board Members view the C2Ed materials, perhaps comparing them to other registration exam preparation materials, and then contact CLARB again with concerns and/or questions. Staff will remind Board members to take time to do this and to bring comments back to the next Board meeting.
6. New Business
A. Registrant Stamp: A new registrant questioned the difference in the layout of the registrant stamp on the web versus the one mailed from staff (LAC 06 11 296). Staff concurred that the sample on the web page does have the date and OREGON reversed. Staff is to direct the webmaster to make the change to this logo as well as reducing the font size of OREGON.
A. The next Board meeting is scheduled for Friday, May 11, 2007.
B. A special telephone meeting to discuss the 2007-09 budget as well as other items as directed in these minutes will be convened on Friday, March 9, 2007, at 8:30 AM.
8. ADJOURNMENT: Chair Van Worner adjourned the meeting at 3:50 PM.
Susanna R. Knight
|The minutes of the February 9, 2007, Board meeting were approved at the May 11, 2007, Board meeting with one correction. Respectfully submitted, Susanna Knight, Administrator