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Meeting Minutes
February 11, 2005
MEETING MINUTES
OREGON STATE LANDSCAPE ARCHITECT BOARD
 
Friday, February 11, 2005, @ 10:10 A.M.
Sunset Center South Conference Room
1193 Royvonne Ave SE
Salem, Oregon 97302
 
Members Present
Andy Leisinger, Chair Landscape Architect
Jim Figurski, Landscape Architect
Mel Stout, Landscape Architect
Gladys I. Biglor, Vice Chair, Public Member
Tim VanWormer, Landscape Architect (Arrived at 10:15 AM)
Tony Nitz, Public Member (Arrived for second half of meeting)
 
Board Members Absent
Paul Kyllo, Public Member (Sickness)
 
Others Present at the Board Meeting:
 Susanna Knight, Board Administrator
 
 
The meeting was called to order by Chair Andy Leisinger @ 10:10 AM.  Oral role call was taken.
 
 
AGENDA APPROVAL:No corrections or additions were made to the agenda
 
  1. Review/Act Meeting Minutes Nov. 19th, 2004
  2. Review/Act Meeting Minutes Dec. 17th, 2004 (Special Meeting and Public Hearing)
  3. Tour of Duty
  4. Content of Meeting Minutes
  5. Secretary of State Audit Update
  6. Internal Affairs Sub-Committee
  7. Board Administrator Report
  8. 1st Draft of 2005 – 20057 Budget
  9. Continuing Education Tracking Sheet
  10. Act on Administrative Rules
  11. Act on requests for registration
  12. Review compliance complaint
  13. Review correspondence issues
  14. Review upcoming CLARB meeting
 
 
 
MEETING MINUTES:
 
Biglor moved to approve the November 19th meeting minutes with minor spelling corrections.
Seconded and passed: Leisinger, yes; Biglor, yes; Figurski, yes; Stout, yes.
 
Stout moved to accept the December 17th meeting minutes with minor spelling corrections and word changes as well as moving the Public Hearing information from the minutes to be printed separately.  Seconded and passed: Leisinger, yes; Biglor, yes; Figurski, yes; Stout, yes.
 
 
ADMINISTRATIVE MATTERS
 
Tour of Duty:
Biglor stated the importance of meeting Board Member obligations, especially attending board meetings.  A heavy workload is anticipated over the next two years and every member’s participation will be vital.  Members are to notify Knight of meeting presence or absence prior to Board Meetings.  Board requested Knight to work with the Governor’s Office to replace Board Member Nitz.   Biglor and Figurski have agreed to continue tours with the Board until the current administrative problems are on the mend.  Both will contact the Governor’s Office.  
 
Content of Meeting Minutes:
The Board discussed documentation and recording of meeting minutes.  A determination was made that recording Board meetings was not necessary.  In the past they were used for the administrator’s benefit.  The Board agreed that abbreviated minutes meeting standards would be sufficient.  Future minutes will include a brief statement on Board discussions, identify motions and display voting. 
 
Figurski moved to discontinue recording Board meetings and turn the tape recorder off.  Seconded and passed: Leisinger, yes; Biglor, yes; Figurski, yes; Stout, yes.
 
Secretary of State Audit:
Leisinger reported that the Secretary of State audit was still continuing.  The audit came about when the previous Board Administrator resigned in November 2004.  Currently the audit team is working with US Bank to obtain past statements.  A report will be issued by the Secretary of State Office when the audit is complete.  A representative from the Audit Team will meet with the Board once the audit is completed. 
 
Biglor asked about the results of the Board’s advertisement for an Administrator replacement after the November 2004 meeting.  Leisinger reported that he and Figurski had interviewed three candidates for the position, and that all applicants to the advertisement for the Board Administrative position were notified that the Board had decided to not fill the position in the near future.
 
Internal Affairs Sub-Committee:
Biglor expressed the importance for the Board to not wait for the Secretary of State’s office report to begin dealing with the deficiencies which lead to the Board’s current fiscal and administrative problems.  An Internal Affairs subcommittee composed of Figurski, Stout and Biglor was formed to be headed by BiglorBiglor will make initial contact with subcommittee members.
 
Administrative Report:
Need for Local Bank:  The Board discussed the need to have a local bank to expedite Board‘s financial business. Pioneer Trust has handled the affairs of the Geologist Board for many years.  This bank is willing and able to handle license renewals which can reduce the Board Administrators workload.
 
Nitz moved to open a new bank account with Salem Pioneer Trust.  Seconded and passed: Biglor, yes; Figurski, yes; Leisinger, yes; Nitz, yes, Stout, yes; VanWormer, yes.
 
Need for Bank balance trigger:  Knight identified a need for the Board to consider a process which would alert the Board to impending fiscal problems.  Knight provided training and insight into the benefits of establishing two triggers: a monetary bottom line amount in the bank as well as an emergency fund.   The Board asked that the Budget sub-committee establish a six month balance line item into the budget.  Once the Board has successfully overcome current fiscal hurdles the Board will establish a realistic emergency fund.    
 
Need for Action List:  Biglor and Knight identified a need for the Board to begin developing a checks and balance process for keeping track of Board work and to ensure that work has been accomplished.  Stout offered to work with Knight to develop and maintain a Board “To Do” checklist.
 
Need for Board sub-committees: Tabled until next Meeting.
 
First Draft of 2005- 2007 Budget: Tabled until Feb 22nd interim meeting.
 
ADMINISTRATIVE RULES:
 
Figurski moved to accept OAR 804-025-0000, Effective Date for Compliance with Continuing Education Requirements as written.   Seconded and passed:  Biglor, yes; Figurski, yes; Leisinger, yes; Nitz, yes, Stout, yes; VanWormer, yes.
 
Nitz moved to amend the current motion on OAR 804-025-0000 so that registrants may be requiredto submit proof to the Board that they have met this sections requirement. Seconded and passed:  Biglor, yes; Figurski, yes; Leisinger, yes; Nitz, yes, Stout, yes; VanWormer, yes.
Discussion:  Stout asked if this rule is well known by LA’s.  Figurski replied that notification had accompanied 2004 renewal notices.
 
Figurski moved to accept OAR 804-025-010, Continuing Education Requirements as written. 
Seconded and passed:  Biglor, yes; Figurski, yes; Leisinger, yes; Nitz, yes, Stout, yes; VanWormer, yes. Discussion: VanWormer asked if the tracking devise developed by Figurski would be mandatory.  Figurski replied that the developed form is not mandatory but can be used as a sample.
Figurski moved to accept OAR 804-025-0020, Uniform Continuing Education Standards as written. Seconded and passed:  Biglor, yes; Figurski, yes; Leisinger, yes; Nitz, yes, Stout, yes; VanWormer, yes.  Discussion:  Nitz inquired if serving on a Board Committee could serve as continuing education creidt.  Figurski indicated the Rules Committee could look at this for additional clarification.  VanWormer asked about (1)(d). The purpose of this section is to ensure continual professional growth to protect the health and welfare of the public.  A student could serve on the Board as a public member as long as the student and the board disclosed conflicts of interest when dealing with education issues and operated accordingly.
 
Figurski moved to delete OAR 804-001-0002, Biennial Budget as written and substitute that the Board will adopt a biennial budget prior to the beginning of the biennium. Seconded and passed:  Biglor, yes; Figurski, yes; Leisinger, yes; Nitz, yes, Stout, yes; VanWormer, yes. 
 
Figurski moved to accept OAR 804-001-0015, Election of Officers as written. Seconded and passed:  Biglor, yes; Figurski, yes; Leisinger, yes; Nitz, yes, Stout, yes; VanWormer, yes.
 
Figurski moved to accept OAR 804-003-0000, Definitions as written. Seconded and passed:  Biglor, yes; Figurski, yes; Leisinger, yes; Nitz, yes, Stout, yes; VanWormer, yes. Discussion:  Knight requested clarification.  Figurski replied that LA’s with emeritus status may still call themselves LA’s in Oregon
 
Figurski moved to accept OAR 804-010-0000, Qualifications as written. Seconded and passed:  Biglor, yes; Figurski, yes; Leisinger, yes; Nitz, yes, Stout, yes; VanWormer, yes. Discussion: Stout questioned the 1998 edition.  Figurski replied that information in brackets was to be removed and replaced by information underlined.
 
Figurski moved to accept OAR 804-020-0055, Completion of Exam as written. Seconded and passed:  Biglor, yes; Figurski, yes; Leisinger, yes; Nitz, yes, Stout, yes; VanWormer, yes. Discussion:  LAIT needs to be added to the definition section.  VanWormer questioned whether applicants can take the entire test at one time.  Figurski replied that applicants could no longer take the test all at one time.  Some sections of the test are computerized and offered by CLARB numerous times during the year.  Other sections of the test are offered locally two times each year with dates set by CLARB.
 
Figurski moved to accept OAR 804-030-0011, Advertising as written.  Seconded and failed: Biglor, no; Figurski, no; Leisinger, no; Nitz, no, Stout, no; VanWormer, no. Discussion: Stout questioned if every office would need to meet this rule.  Figurski replied that each business entity would need to meet the requirements for its individual site location even when the offices belonged to a corporation.
 
Figurski moved to amend OAR 804-030-0011, Advertising (2) (b) (D) to state that a copy of the requested information be made available to the Board upon request by the Board. Seconded and passed:  Biglor, no; Figurski, yes; Leisinger, yes; Nitz, yes, Stout, yes; VanWormer, yes. Discussion: Stout questioned why all offices would have to provide the information in section (2)(b)(D).  Figurski replied that it was inserted to be inline with national requirements. Some members of the Board felt that this would be unnecessary work on the part of the LA’s as well as the Board.  Biglor felt that the matter should be reviewed and clarified prior to any change.
 
Figurski moved to accept OAR 804-030-0015, Effective Date of Registration. Seconded and passed:  Biglor, no; Figurski, yes; Leisinger, yes; Nitz, yes, Stout, yes; VanWormer, yes. Discussion:  All LA’s working as a business would need to register as a LA as well as a business.  Knight requested clarification of the affidavit required for implementation.  Figurski replied that a business could produce a notarized affidavit of responsibility on company/business letterhead with a signature
 
Figurski moved to accept OAR 804-030-0020, Civil Penalties. Seconded and passed:  Biglor, yes; Figurski, yes; Leisinger, yes; Nitz, yes, Stout, yes; VanWormer, yes.
 
Figurski moved to accept OAR 804-040-0000, Fees as written. Seconded and passed:  Biglor, yes; Figurski, yes; Leisinger, yes; Nitz, yes, Stout, yes; VanWormer, yes.
 
Figurski moved to accept OAR 804-001-0014, Nomination/Selection of Board Members as written. Seconded and passed:  Biglor, yes; Figurski, yes; Leisinger, yes; Nitz, yes, Stout, yes; VanWormer, yes.
 
Figurski moved to accept OAR 804-010-0010, Equivalent Education & Experience as amended. Seconded and passed:  Biglor, yes; Figurski, yes; Leisinger, yes; Nitz, yes, Stout, yes; VanWormer, yes. Discussion:  Knight requested clarification.  Figurski replied that in lieu of a professional college degree applicants may satisfy requirements various different ways as identified. Figurski proposed that the Board amend the rule with replacement wording.  The proposed new wording was reviewed and accepted by all board members. See Appendix #23 at the end of notes.
 
Figurski moved to repeal OAR 804-030-0060, Branch Offices as written. Seconded and passed:  Biglor, yes; Figurski, yes; Leisinger, yes; Nitz, yes, Stout, yes; VanWormer, yes.
 
REGISTRATION:
 
VanWormer departed at 2:15 PM.
 
Figurski moved to accept the requests for reciprocal transfer of licenses for Gregory M. Cieciek and Morgan D. Selph. Seconded and passed: Biglor, yes; Figurski, yes; Leisinger, yes; Nitz, yes, Stout, yes.
 
Figurski moved to accept Stephen Shibley’s request for registration based on his examinations in Oregon under the old rules.  Mr. Shibley will be notified (by Knight) that his license will be valid for Oregon only; that he will need to meet current CLARB standards to obtain full CLARB benefits; and that registration in Oregon is pending his oral interview.  Seconded and passed:  Biglor, yes; Figurski, yes; Leisinger, yes; Nitz, yes, Stout, yes.
 
Figurski moved to accept the requests for business registration from Steve Shapiro Landscape Architecture, Inc. and Percival and Associates. Seconded and passed: Biglor, yes; Figurski, yes; Leisinger, yes; Nitz, yes, Stout, yes.
 
Figurski moved to accept the request for cancellation of business License #L141 from Pacific Habitat Services Inc. Seconded and passed:  Biglor, yes; Figurski, yes; Leisinger, yes; Nitz, yes, Stout, yes.
 
Figurski moved to have Knight notify Evergreen Design Group, Inc that listing the business as inactive is not an available option and that the company will need to select from one of the available options; registered or not registered. Seconded and passed: Biglor, yes; Figurski, yes; Leisinger, yes; Nitz, yes, Stout, yes.
 
Figurski moved to accept Louis Kroeck’s request for inactive status beginning July 2005, but Knight to notify Kroeck of the option of Emeritus status should he be interested and include a reminder that one cannot practice on an inactive license. Seconded and passed: Biglor, yes; Figurski, yes; Leisinger, yes; Nitz, yes, Stout, yes.
 
Stout reported that per Knight’s request, he had completed an oral interview on February 9, 2005, with David Elkin using the nine-question format.  Discussion ensued clarifying that the Board has used this approach in the past when candidates are unable to attend a Board meeting. Stout moved to approve David Elkin for registration as a Landscape Architect in Oregon. Seconded and passed: Biglor, yes; Figurski, yes; Leisinger, yes; Nitz, yes, Stout, yes.
 
Biglor departed at 2:35 PM.
 
COMPLIANCE:
 
LACC #05-01-002:  This case contains complaint information against a non-registrant and the business. Leisinger reported that he had reviewed the information and had noted that the scale was incorrect.  He asked what does the practice allow? Figurski stated that a planting plan can be done without a Landscape Architect registration, but the minute you do specifications of materials or assembly, should it be concrete or should it be stone, then you have crossed the line.  Landscape designers can do planting plans including conceptual layouts but they cannot tell someone how a terrace or wall goes together.  A contractor can do drawings for his business purposes.  A designer cannot do detail.  If a person did a planting plan, then they have not violated Landscape Architect law and there is no regulation of Landscape Designers. Client contract issues are not the responsibility of OSLAB.  Appropriate response is 1) not enough information; 2) need to know a) what is the contract? b) what is the product of the contract i.e. the proposed plan including specifications for hardscape materials? and c) what are the specifications of the contract? Committee of Stout & Leisinger assigned to this complaint.
 
LACC #05-01-001:  The complaint was referred to OSLAB from the Oregon Landscape Contractors Board and was assigned for review to a committee of Figurski and VanWormer.
 
Another concern recently brought to the Board’s attention inquires as to the registered Landscape Architect on record for the new Historic Park in Ontario, Oregon.  Figurski & Leisinger were assigned to this compliance concern.
 
 
CORRESPONDENCE:
 
The Board discussed an email LAC 05 01 050 asking whether pro bono activities can qualify for continuing education credit. The Board commended community service based on professional skills through pro bono activities, but noted that such activities are often done for marketing value.  If such activities represent the practice of Landscape Architecture, then you could not receive CEU credit.  A possibility of credit exists if the LA was setting up classes on how to do the work, but that would then qualify under the category of instructing or teaching.
 
The Board discussed an email LAC 05 01 062 received from the chair of the Montana Board inquiring as to whether Oregon was considering having CLARB administer their licensure program. Figurski stated that he and CLARB Executive Director Chaffee may have chatted about this, however there is neither such a program currently with CLARB nor is there currently any action by CLARB to do this.
 
The Board reviewed an email LAC 05 01 064 of January 7, 2005, from Legislative Fiscal, inquiring as to the status of the Board’s current set of rules.  [Note: Those rules were approved at today’s meeting and will be submitted to the Secretary of State’s office.]
 
The Board received a letter LAC 05 02 066 from Debbie Gorski of the State Fair inquiring as to the failure of the Board to pay the past due bill.  The Board directed that a response be issued stating that the Board currently has a cash flow problem, but the Board will honor the bill.
 
ANNOUNCEMENTS:
 
Figurski will be attending the CLARB National Meeting in Denver on February 25 & 26.  As a national officer, his way is paid by CLARB.  The Board is not funding any attendance until the finances are corrected.
 
An Interim Meeting of the OSLAB will be February 22nd. The meeting will commence @ the OSLAB office; Salem, Oregon.  Various members will attend via conference (phone) call.  Members are to confirm attendance with Knight and identify phone number for meeting.
 
The next Board meeting is scheduled for Friday, May 13, 2005, at the Sunset Center South Conference Room
 
Board exams are scheduled at Chemeketa Community College on Monday and Tuesday, June 13 and 14, 2005.
 
ADJOURNMENT:
The OSLAB meeting of February 11th 2005 was adjourned at 3:25 PM.
 
 
Respectfully submitted,
 
 
Gladys Biglor, Vice-Chair Board
 
 
Susanna Knight, Administrator
 

The Minutes of the February 11, 2005 Board Meeting were approved at the May 13, 2005 Board Meeting.
 
Susanna Knight, Administrator                                May 17, 2005