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Meeting Minutes
May 13, 2005
 
OREGON STATE LANDSCAPE ARCHITECT BOARD
 
Friday, May 13, 2005
Sunset Center South Conference Room
1193 Royvonne Avenue SE
Salem, Oregon 97302
 
Members Present
Andy Leisinger, Chair, Landscape Architect
Gladys I. Biglor, Vice Chair, Public Member
Jim Figurski, Landscape Architect
Paul Kyllo, Public Member
Mel Stout, Landscape Architect
 
Board Members Absent
Tim VanWormer, Landscape Architect (excused)
Tony Nitz, Public Member
 
Others Present at the Board Meeting
 Susanna Knight, Board Administrator
Robert Burnham (departed at 11:00 AM)
Justin Lanphear (departed at 11:00 AM)
Stephen Shibley (departed at 11:00 AM)
 
CONVENE:
 
The quarterly meeting of the Oregon State Landscape Architect Board was convened at 10:15 AM, directly following the Public Hearing on the 2005-07 Budget and the fee increase.
 
Oral interviews were conducted with Robert Burnham, Justin Lanphear, and Stephen Shibley as the final requirement for Landscape Architect registration in Oregon.  The following items were discussed during a question and answer session:
  • the Code of Conduct;
  • the practice of the profession with qualifying criteria of protecting the public;
  • title act versus practice act;
  • registrants responsibility to inform the Board of unlicensed practice;
  • make-up of the stamp and usage of the stamp;
  • and how one might loose their registration.
 
The oral interview concluded at 11:00 AM.  Burnham expressed his appreciation to Board Member Figurski for his assistance over the testing period.
 
MINUTES:
  1. Kyllo moved to approve the minutes of the February 11, 2005 Board meeting. Seconded and passed. Biglor, yes; Figurski, yes; Kyllo, yes; Leisinger, yes; Stout, yes.  Biglor inquired about follow-up on the letter from the State Fair office about outstanding debt owed for exam rent.  Knight stated that she had contacted them and that payment would be issued before the end of the biennium.
  2. Kyllo moved to approve the minutes of the February 22, 2005 Board meeting. Seconded and passed. Biglor, yes; Figurski, yes; Kyllo, yes; Leisinger, yes; Stout, yes.
 
ADMINISTRATIVE MATTERS:
  1. Report on CLARB, Denver, February 25 & 26, 2005: Figurski stated that the CLARB meetings have improved in recent years.  In addition to regional meetings, the annual winter meeting includes a series of workshops on hot topics.  Those topics included issues such as continuing education, use of ASLA designation by non-registrants, and application of educational experience.  Figurski indicated voting issues are handled at the September Annual Meeting.  One voting member from each state should be present.  Knight questioned whether Administrators and/or Public Members should be participating in either of the two meetings.  The Board indicated that historically members have attended on a rotating basis.  Knight suggested that a policy be developed for attendance at national meetings.  Biglor suggested that the policy development be directed to the Internal Affairs Committee.
Knight inquired about the examination development process.  Figurski stated that CLARB appoints the 24 total members on the two committees (Graphics Committee and Multiple Choice Committee).  Board Members interested in helping with the exam development and examination correction should contact the CLARB office.  Five years of state registration is required for participation.  Figurski currently serves as the 2nd Vice President of CLARB and has been nominated as the 1st Vice President.  Elections are held at the September annual meeting.  1st VP moves on to serve as President and Past President.  The Regional Directors also serve as a member of the CLARB Board of Directors.
  1. Secretary of State Audit update: Leisinger reported that the investigation by the Secretary and States’ office and State Police is ongoing.  No additional information is available at this time.
  2. Internal Affairs Sub-Committee: Leisinger stated that upon receipt of the Secretary of State Audit Report, policy will be developed. Biglor stated that there is a request on the table to develop a policy for national meeting participation.
  3. Board Administrator Report: Knight distributed a written report outlining updates since the February Board meeting. See attachment.
  • Business licenses: Knight has issued licenses when all application materials are complete. The Board stated that a revision to OAR 804-030-0011(2)(c) should identify that “staff” will issue the Certificate of Authorization when application materials are complete.  While auditing all current business registrations, Knight requested clarification about business registration requirements. The Board clarified that a sole proprietor practicing as a Landscape Architect must register as a business.
  • Reciprocal licenses: Knight suggested that since reciprocal applicants do not come for oral interviews, and recognizing that the Office of Streamlining Government is asking that hurdles be removed that delay registration opportunities, perhaps a change is warranted in registering these applicants. The Internal Affairs Sub-Committee will review the procedure for assigning registration numbers to reciprocal applicants.
  • Initial Landscape Architect Registration: Knight inquired if it is the intent of the Board to continue with oral interviews.  The Board indicated that they believe it is important that applicants for initial registration meet the Board and respond to oral interview questions.
 
ADMINISTRATIVE RULES: Figurski  
  1. The Board discussed OAR 804-030-0011(2)(a)
“A business entity formed for the purpose of offering to provide or providing landscape architectural services is required to obtain a certificate of authorization from the board.”
 
The Board confirmed that “a business entity” includes a sole proprietorship thereby requiring that all sole proprietorships maintain a business registration if they are “offering to provide or providing landscape architectural services.”
  1. Figurski moved to adopt the following language for OAR 804-001-0002, Budget:
Pursuant to the provisions of ORS 182.462, following a public hearing held May 13, 2005, the Board adopts by reference the Oregon Landscape Architects Board 2005-2007 Biennial Budget of $281,500 covering the period July 1, 2005, through June 30, 2007. The Board Administrator, with the approval of the Board, will amend budgeted accounts as necessary, within the approved budget of $281,500, for the effective operation of the Board. The Board will not exceed the approved budget amount without amending this rule, notifying all registrants, and holding a public hearing. Copies of the budget are available from the Board's office.
 
Seconded and passed. Biglor, yes; Figurski, yes; Kyllo, yes; Leisinger, yes; Stout, yes.
  1. Figurski stated that the title of OAR 804-030-0011, Advertising, is a bit misleading, as this rule number contains all the information about registering a Landscape Architect business.  He inquired if the Board would advise that all business registration information be placed under one Division. Kyllo moved that all business registration information be placed in one division. Seconded and passed. Biglor, yes; Figurski, yes; Kyllo, yes; Leisinger, yes; Stout, yes.
  2. The Board discussed the history of OAR 804-020-0055(3) Oral Exam/Interview.  They confirmed that they believe this process is an outreach effort in regulating the profession and should continue.  Figurski also stated that he is reviewing the need for the notarizing of documents for application files and he will make revisions to remove the reference to the Canons of the ASLA under Division 50.  Stout suggested that a distinction about professionalism vs. registration be addressed to clarify that this Board is a regulatory Board, not a professional Board.
 
APPLICATION FOR EXAMINATION AND REGISTRATION:
 
Leisinger reviewed numerous application files and presented information for the Board discussion.
  1. Biglor moved to accept the registration of Robert L. Burnham for Initial LA Registration. Seconded and passed. Biglor, yes; Figurski, yes; Kyllo, yes; Leisinger, yes; Stout, yes.
  2. Biglor moved to accept the registration of Justin Kane Lanphear, for Initial LA Registration. Seconded and passed. Biglor, yes; Figurski, yes; Kyllo, yes; Leisinger, yes; Stout, yes.  
  3. Stout accepted the Board’s request to conduct an Oral Interview with Alex Schwartz for completing his initial LA Registration.  The Board authorized his initial date of registration as the date he complete the oral interview.
  4. Biglor moved to accept the registration of Steve Shibley for Initial LA Registration. Seconded and passed. Biglor, yes; Figurski, yes; Kyllo, yes; Leisinger, yes; Stout, yes.
  5. Figurski moved to accept Gregg Sturtevant, for LA Registration by Reciprocity w/ID, and based on CLARB#2287. Seconded and passed. Biglor, yes; Figurski, yes; Kyllo, yes; Leisinger, yes; Stout, yes.
  6. Figurski moved to accept John Carman, for LA Registration by Reciprocity w/NJ, and based on CLARB#742. Seconded and passed. Biglor, yes; Figurski, yes; Kyllo, yes; Leisinger, yes; Stout, yes.
  7. Figurski moved to accept Ardith Lea Lanstra-Nothdurft, for LA Registration by Reciprocity w/WA, and based on CLARB #2568. Seconded and passed. Biglor, yes; Figurski, yes; Kyllo, yes; Leisinger, yes; Stout, yes.
  8. Figurski moved to approve the application of Wayne R. Iazzetti, for December’s examination, based on experience in lieu of education but noting that he may not qualify for CLARB certification which could also affect reciprocity registration. Seconded and passed. Biglor, yes; Figurski, yes; Kyllo, yes; Leisinger, yes; Stout, yes.   
  9. Kyllo moved to accept Mr. Alan D. Johnson’s request for admission to the June 13, 2005 LARE  (LAC 05 04 126).  The Board noted that Johnson currently works in China and timely delivery of Board correspondence caused exam deadline issues. Seconded and passed. Biglor, yes; Figurski, yes; Kyllo, yes; Leisinger, yes; Stout, yes.   
 
COMPLIANCE:
  1. Paul Kyllo, Public Member, Compliance Chair, stated that five separate issues have been presented about unregulated practice of Landscape Architecture.  Each issue will be assigned to various sub-committees of the Board.  Members of each sub-committee are asked to review the information provided to them and provide input on this information to the Compliance Chair. 
 
NEW BUSINESS:
  1. Lack of regulation of Landscape Designers:   Leisinger suggested that the Board should clarify what work is not regulated by this Board.  Figurski stated that Landscape Designers might be doing drawings.  He has been in contact with Mike Snyder, Administrator of the Landscape Contractors Board.
  2. Kyllo moved to authorize Leisinger and one other member of the Board to meet with the Oregon State Board of Geologist Examiners to complete the contract for administration of the OSLAB office for the 2005-07 biennium. Seconded and passed. Biglor, yes; Figurski, yes; Kyllo, yes; Leisinger, yes; Stout, yes.   
 
OLD BUSINESS:
  1. Biglor moved to assign the inventory of tangible assets of the Board to staff after the addition of a part-time employee in July. Seconded and passed. Biglor, yes; Figurski, yes; Kyllo, yes; Leisinger, yes; Stout, yes.   
 
CORRESPONDENCE:
  1. Joe Percival, LA, thanked the Board for performing tasks that go unnoticed.  See LAC 05 02 083.  He then questioned what public welfare is furthered by the “Affidavit of Responsibility” required with a business application.  He suggested that the Board review this requirement.  He also requested that the Board implement some method for improving communication to registrants.  He pointed out that the role of ASLA and the Board are quite different.  The Board discussed that a small staff and small budget limit what can be done.  They encouraged all registrants to become active in the work of the Board.  NOTE: Information has been placed on the web since the February 16, 2005 date of this letter.  In addition, the Board issued a newsletter late in April.  The Board also discussed the importance of clarifying the distinction between the regulatory work of OSLAB and the professional involvement of ASLA.
  2. Knight requested clarification about information in the ASLA Newswire assigning PDH opportunity to committee work with their organization. See LAC 05 03 112.  Figurski stated that ASLA was empowered by OSLAB to allow PDH in ASLA Committees.  Stout and Figurksi confirmed that the Board acts as the final authority on PDH units.
 
NOTE: Board Member Paul Kyllo left at 3:00 P.M.
  1.  Julia Lent of National ASLA inquired about continuing education deadlines in Oregon. See LAC 05 04 119.  The Board confirmed that any renewal issued after July 1, 2006 could be audited.  The Board anticipates a random audit of approximately 5 to 10 % of the registrant pool.  PDH audits could begin as early as July 2006.
  2. Janet Otten inquired about PDH hours for attending the Measure 37 Summit.  See LAC 05 05 127.  Biglor questioned if Measure 37 preceded the need for landscape architect involvement.  Figurski stated that changes in zoning, regulation restricting zoning, and land development all fall within the scope of a Landscape Architect.  Figurski stated that the LA would have to provide an argument in support of the hours.  To be applicable for PDH, there must be a record of attendance as well as a schedule of events. Any political part of the conference would not be applicable.
Knight pointed out to the Board that ORS 671.376(3) requires that registrants pass an exam to reinstate their license if the license has been forfeited (not renewed within the 60-day window).  The Board stated that they have met this requirement by holding oral interviews/exams with individuals who are within a five-year window of their forfeiture date.
Biglor requested Board input for a quarterly release month.  Knight stated that releasing the newsletter the month before the Board meeting allows the opportunity to post notices as well as alert the registrants to an upcoming meeting.  Biglor then reviewed the content of the newsletter and the articles in preparation for the July newsletter.
ANNOUNCEMENTS:
  1. LARE Examinations will be held June  13 & 14, 2005, at Chemeketa Community College, Winema Place, Building 49.  Kyllo and Stout will assist on day one.  VanWormer will assist on day two.
  2. The next Board Meeting is scheduled for August 12, 2005, in the Conference Room of Sunset Center South.
  3.  The annual CLARB meeting is set for September 8-10, 2005 in Los Angeles, California.  Agenda items will be discussed at the August OSLAB meeting.
 
ADJOURNMENT: 
 
The meeting was adjourned at 3:53 PM.
 
Respectfully submitted,
 
Susanna Knight Administrator
 
The minutes of the May 13, 2005, Board meeting were approved with one correction at the August 12, 2005, Board meeting.