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Meeting Minutes
November 19, 2004
 
OREGON STATE LANDSCAPE ARCHITECT BOARD
 
Friday, November 19, 2004, 12:15 p.m.
Oregon State Landscape Architect Board Office
Conference Room
1193 Royvonne SE
Salem, Oregon
 
Members Present
Andrew Leisinger, Chair, Landscape Architect
Harold Beighley, Landscape Architect
Mel Stout, Landscape Architect
Gladys I. Biglor, Vice Chair, Public Member
Paul Kyllo, Public Member
 
Board Members Absent
Tony Nitz, Public Member
Jim Figurski, Landscape Architect (excused)
 
Others Present at the Board Meeting:
 Leslie Clement, Board Administrator
Robin McGinnity, AAG
 
 
The meeting was called to order by Chair Andy Leisinger @ 10:00 AM.  Oral role call was taken.
 
AGENDA APPROVAL:  Additional item: Procedure manual update.
 
Administrative Matters:
  1. Review and act on August 13, 2004, regular meeting minutes.
  2. Review member report on CLARB.
  3. Review quarterly budget report.
  4. Review and discuss LFO Audit Report.
  5. Review administrative rules handout.
  6. Discuss new administrator search.
 
Registration Matters:
  1. Review registration requests.
Compliance Issues:
  1. Review and discuss compliance issue.
Oral Interviews:
  1. Conduct oral interviews.
  2. Update on procedure manual developed by Clement.
 
ANNOUNCEMENT: 
Next Meeting of the OSLAB will be February 11, 2005, at the OSLAB office; Salem, Oregon
 
 
ADMINISTRATIVE MATTERS:
  1. Review and Act on August 13, 2004, Regular Meeting Minutes.   Kyllo moved to approve the meeting minutes of August 13, 2004.  Seconded and passed.

  2. Review Member Report on CLARB.  Figurski provided a handout for the Board covering recent actions by CLARB.  The handout also provided comments on many of today’s agenda items. 

    Figurski expressed a need for the Board to determine if additional actions are needed regarding the “Emeritus” status granted to several retiring LA’s since this classification was to have been implemented through some of the administrative rule changes that were never officially recognized by the state.

  3. Review Quarterly Budget Report.  Biglor expressed concern that the budget for the first time indicates two negative balances: biennium expenses to date and current quarter expenses.  Even through the budget handout indicates that there are enough funds for a positive balance at the end of the biennium, Biglor asked Clement if we will run out of money if we continue expenses as usual. 
  • Clement responded that we will indeed run out of money due to increased expenditures such as “CLARB dues, and exam sites.” 
  • Clement was not able to review the request from the Board to research LA Board fees in other states and compare them with ours due to lack of time.
  • Clement recommends that the Board raise fees to support raises in expenditures.
Leisinger also asked if Clement thought we would have enough money to cover expenses through the biennium.  Clement responded that the Board will need to contact US Bank and discuss Tax and Revenue anticipation note which is a loan guaranteed by anticipated revenues.  This is the loan that we got when our Biennium started July 1, but we did not expect incoming revenue until the end of October.  This is a short term loan to get us through operating costs between July and October.   “Normally the Board has paid off the loan in one payment when fees start arriving”.  Clement to provide all the information that Leisinger would need to process this loan, and that she had already spoke with the Government Bank Lender.
 
Biglor asked at what time of the year we have entered into the loan.  Clement responded that she normally took out the loan in July and paid it off at then end of October. In this particular case the Board may want to extend the loan through January or February.  Stout, the new board member, asked if this was “typical over the years” to cover the financial needs of the Board.  Clement responded that it was.
 
Beighley felt that the Board had discussed changing the license renewal date to June 30. Clement responded that it was changed to June 30 to align with the biennium.
 
Leisinger thought that this was one of the Board’s rule changes.  Clement responded that this was one of the rule changes and would be a change to current state statute.
 
Biglor expressed concern that if our rules are out of sink with legislative rules than we may be in error.  Biglor asked McGinnity if we could do this and if not, than we would have to ensure our rules meet with legislative rules even until the time that legislative rules are changed.  Thus we would not be able to bill LA’s until October. 
 
McGinnity told the Board that this is an administrative question and that technically the Board is obligated to follow the statutes and cannot require anyone to pay fees until the end of October. 
 
Clement mentioned that by the time the next renewal period comes, the statute will have been changed, in that legislation is pending for the change to June. 
 
McGinnity told Clement and the Board that until the statute is changed notices for license renewal will need to maintain October 31 as the renewal date.   You can request that folks consider paying in the June cycle but they have until October 31st legally.
 
Leisinger thought that Figurski was talking with the Landscape Contractors Board on this matter  
  1. Review and Discuss LFO Audit Report Clement requested the Board refer to the handout. Clement told the Board that “this was not a blatant disregard for the rules but a misunderstanding of the rules on my part.”  Clement felt that there is a big difference between the two.  Clement did not know the rules and “choose not follow them.  I had a responsibility to learn them and I failed in that responsibility.” 
Biglor asked Clement if anything on the recommendation page needed immediate attention?
 
Beighley stated that Leisinger and Figurski immediately responded by testifying before the legislative subcommittee.
 
Leisinger stated that he and Figurski answered the subcommittee’s questions and asked that the committee not revoke our semi-independent status but allow us to update the activities in question.  The subcommittee accepted our explanation with the assurance that the Board would immediately start working on the issues addressed in the Report findings. 
  
Leisinger also stated that a December 17 public hearing @ 1:00 P.M. has been called to remedy our statute errors. 
  1. Review Administrative Rules Handout. Clement provided proposed new rules.  The strike throughs represent items proposed for removal and the underlines are proposed new language.  This is with the AAG’s recommendations.  They are incorporated into the new language. 
Beighley asked if there are changes to what the Board last proposed.  Clement said there were only a few minor changes.  The degree requirement was changed.
 
Biglor noted that there seemed to be a brand new section on continuing educations credits.
 
Clement mentioned that the successor administrator will need to follow-up on a couple items that were not included for the December public hearing.  Another public hearing would be needed to address these two issues.
  • The need to change from our general language to more specific budget language.  Budget language would then need to be made every two years.  An example would be the Architect Board's language.  
  • There were additional changes to the model rules of procedures.
Leisinger asked Clement to red flagthis need to ensure that we won’t loose sight of this need. 
 
Biglor requested that Clement proceed to set up a public hearing to address these two items for the Board’s normal February meeting.
 
Clement told the Board that the final paperwork for the December 17 Public Hearing has been completed.  It is ready for anyone to take care of it.  
 
McGinnity offered to help Clement regarding making the CE (continuing education) Rule effective retroactively to 7/1/2004.  This is the only one that is critical to be retroactive or at least has the biggest concern.  
  1. Discuss New Administrator Search An agreement has been drafted by Figurski to begin negotiations with the Oregon State Board of Geologist Examiners.  The agreement would have Susanna Knight, OSBGE Administrator; provide (OSBGE) identified services for the Oregon Landscape Architect Board. 
Biglor moved to accept entering into negotiations with OSBGE to share specific Board Administrator services, at a negotiated price, on a month-to-month basis from December 1, 2004, through June 30, 2005, for the benefit of both boards.  Additional money ($30.00/hr) will be paid by OLAB for training on Nov 29 and Nov 30 prior to Clement’s last day as OLAB Board Administrator.  A Chair Leisinger and Figurski will serve as a special committee to complete the negotiations.  The Board is delegating authority to the subcommittee to act in the best interest of the Board on the Board’s behalf.  Seconded and passed.
 
Beighley moved that the Board Chair to identify a sub-committee (Leisinger, Figurski and Stout) to interview applicants as possible replacement administrators.  The subcommittee will act in the best interest of the Board on the Boards behalf and report back to the OSLAB with a selection recommendation as soon as possible. Seconded and passed.
  1. ReviewRegistration Requests.   Beighley moved that Landscape Architect Registrations be approved for the following applicants: David Hilgers, CC#3380; William Beals III ,CC #3259; Steve Wilenski, CC 3699; Kent Scott, CC #3310; Douglas Findlay, CC 4074; Andrew Vincent, CC #180 (previously registered in Oregon #141); Nathan Sanford, CC #1541; and Robert Shrosbree, CC #1288.   Motion was seconded and passed.
Biglor moved to accept business licensure for Site Workshop LLC and Drake Design Group. Motion was seconded and passed
 
Biglor moved to approve the following request, for reinstatement of lapsed licenses: J Thomas Atkins, #373; Terry Gibson, #305; James Ringelberg,  #402; Andrew Hill, #500; David Sedlack, #328; Paul Dix, #390; Cary Baird, # 377; and Anne Rotolo-Miller, #311; Reinstatement for Donald Hanson #531 would be effective contingent on receipt of his late fees. Motion was seconded and passed.
  1. Review and Discuss Compliance Issue.  The Board discussed Richard Schultz, Garden Architecture Landscape Design LLC.  Schultz had a booth at the Home Show in Portland.  The issue is that it appears he’s uniquely named his company in an attempt to avoid licensure to either the LA Board or the LC Board. It appears as though he is misrepresenting himself as a Landscape Architect and a Landscape Contractor.   He used to be licensed by the Landscape Contractor’s Board in 1983 and it expired in 1985.
AAG’s office will evaluate the record and provide advice to the Board on appropriate process and follow-up enforcement actions.  A letter will be drafted and discussed/dealt-with at the December 17, 2004, Board Meeting. 
 
Biglor moved to amend the agenda of December 17, 2004, to include; review, discussion, and action on Richard Schultz, Garden Architecture Landscape Design LLC as well as a letter to the author of the article (Spring Home and Garden magazine) that identifies Mr. Schultz and a Landscape Architect. Motion was seconded and passed.
  1. Conduct Oral Interviews Biglor moved to approve the LA registration for the following who attended the meeting today and successfully responded to oral interview questions: Mary Bedard, Timothy Clemen, Ellen Makowski, and Kate Schwarzler.  Motion seconded and passed.

  2. Update on Procedure Manual Clement told the Board that the manual is not complete and asked that Board Members read what is in place and provide feedback.  Additional items will be added before November 30,  2004.  Clement will try to have the procedure manual completed before meeting with Susanna Knight on November 29, 2004. 
Biglor asked Clement how many bank accounts OSLAB has and where.  Clement responded that we have only one account with US Bank.  Leisinger and Kyllo are the signers and Clement will provide them with our bank contacts.
ADJOURNE:
Biglor moved to adjourn the November 19, 2004, OSLAB meeting. Motion was seconded and passed.
 
Respectively submitted,
 
Gladys I. Biglor
OSLAB Vice-Chair 
 
These minutes were approved at the regularly scheduled February 2005 meeting.