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Meeting Minutes
December 17, 2004
 
OREGON STATE LANDSCAPE ARCHITECT BOARD
 
Special Board Meeting
Friday, December 17, 2004, 12:15 P.M.
Oregon Education Association Building
2540 Coral Street
Salem, Oregon
 
Members Present
Andy Leisinger, Chair, Landscape Architect
Gladys I. Biglor, Vice Chair, Public Member
Jim Figurski, Landscape Architect
Paul Kyllo, Public Member
Tim VanWormer, Landscape Architect
 
Board Members Absent
Mel Stout, Landscape Architect
Tony Nitz, Public Member
 
Others Present at the Board Meeting
Adrienne Sexton, Legislative Fiscal Office
Robyn McGinnity,  AAG, Department of Justice
Harold Beighley, Past OSLAB member & Landscape Architect
Susanna Knight, Board Administrator
 
 
The meeting was called to order by Chair Andy Leisinger @ 12:00 PM.  Oral role call was taken.
 
AGENDA APPROVAL:
No corrections or additions were made to the agenda
1.   Review and act on minutes of December 10, 2004
2.   Distribute draft document of anticipated expenses: 12/1/04 to 6/30/2005
3.   Discuss financial statement of revenue and expenses: 7/1/03 to 11/30/04
4.   Distribute/discuss list of items needing immediate attention by OSLAB
5.   Public Hearing: Rule making hearing on updates to OSLAB administrative rules
6.   Meet with SIBA (Semi-Independent Board Association) Administrators
ANNOUNCEMENTS:
Next Meeting of the OSLAB will be February 11, 2005, at the OSLAB office in Salem, Oregon
 
ADMINISTRATIVE MATTERS:
 
1) Minutes - December 10th Emergency Meeting: The corrections submitted by Biglor regarding OSLAB personnel policies were discussed. Biglor requested that the sentence stating that OSLAB did not complete a personnel manual be stricken from the minutes and replaced with wording stating that OSLAB partially wrote a personnel manual and adopted portions of the DAS personnel manual into the OSLAB personnel manual. 
 
Figurski requested spelling correction of his last name in last paragraph.      
 
Figurski moved to accept the corrections to the December 10, 2004, meeting minutes.  Seconded and passed: Biglor, yes; Figurski, yes; Leisinger, yes; Nitz, yes; Stout, yes; Van Wormer, yes.
 
Biglor moved to accept the amended December 10, 2004, meeting minutes. Seconded and passed: Biglor, yes; Figurski, yes; Leisinger, yes; Nitz, yes; Stout, yes; Van Wormer, yes.
 
Approval of the minutes of November 19, 2004, was deferred until transcribed by Biglor for February 11, 2005, meeting.
 
2) & 3) Financial statement of revenue and expenses: 7/1/03 to 11/30/04 & draft document of anticipated expenses: 12/1/04 to 6/30/2005
  • Currently OSLAB is approximately $30,000.00 in the rears in income for 7/1/03 B 12/8/2004. 
  • Money was available at beginning of the fiscal year: $45,011.90. 
  • Currently we have very little in the bank: approximately $1,200.00 B $1,300.00
  • An anonymous individual paid the $8,165.79 outstanding payroll bill with an expectation, that when revenue is available, the individual will be reimbursed.
  • Board anticipates that the outstanding payroll taxes due January 15, 2005 will be passed with outstanding business renewals. 
  • Most important outstanding debt is the office phone bill. 
    • The OSLAB phone resources have been drastically reduced.
    • We have one phone line and one e-mail address.  As soon as possible, Knight will have the e-mail automatically forwarded to Knight’s e-mail address, based on the suggestion by Figurski that this would be done once we have access to the office following the audit.
  • Board is now looking to move the current OSLAB office to make it easier for the interim period while Knight is acting as our Board Administrator.  OSLAB would share office space with the Oregon State Board of Geologist Examiners (OSBGE) in the current building.  This new office space is across the hall from the shared conference room. 
  • An agreement has been entered into for Knight to provide administrative services through June 30, 2005 with Board members helping out.  Before June 15, 2005 both Boards will enter into further negotiations based onOSLAB's anticipated financial situation.
    • The OSBGE will bill OSLAB every month for administrative services agreed upon with payment expected in June 2005.   
  • The Board should consider adding an amount to the Board Meeting line that would cover board member mileage reimbursement. 
  • Rent is paid to Sunset Center South
  • Postage/Copying/Shredding is paid to Garth Roth and Associates in Sunset Center South.
  • Exams Rental Sites:
    • December exams room rental payment will be $200.00
    • June exams room rental payment is also expected to be $200.00
    • No other anticipated room rentals expected
  • Department of Justice and Assistant Attorneys General Office:
    • OSLAB has an outstanding bill from theAAG's office of $1,504.00.
      • $600.00 of the $1,504.00 is for rule research to determine which rules had been put in effect and which were still outstanding
    • Clement never set aside money for DOJ or AAG due to insufficient funds.
    • It is good business to estimate a budgetary line item to cover unanticipated situations where DOJ & AAG office legal advice is needed.  For example, the OSBGE has a $1,000.00/month line item to cover AAG needs.   
    • Board anticipates additional charges from the AAG office to cover McGinnity’s recent counsel: 
      • AAG's =  $98.00/hr.
      • When there is need for the Board to request counsel, Knight requests that OSLAB members call her first so that she know ahead of time that additional charges will be assessed.
      • There also may be other ways to obtain the information we need prior to going to theAAG's office, for example:
        • use the administrator or a volunteer to gather the information first and draft the rule, then have the AAG review the final document
        • post the notice to the Secretary ofState's Office of the December 17th rules hearing that must be posted for public notice.   
    • Figurski shared (for the new Board Members) that when we became a semi-independent board, we were free to function like a business meaning the Board would buy services back from the state.  Clement would be authorized by the Board to buy needed services from the state and she had the option to buy services from a less expensive and legal source if available.  On October 27, 2004 Clement sent an e-mail to Figurski with the forms that needed to be submitted, she had sent information to the rules division and to theAAG's office for review.   
  • A DAS Bond line item of $249.61 covering PERS repayment as mandated by the last Legislative session is included.  Knight will need to review the books to determine if this is adequate and what other payment may need to be made.
    • Audit will need to be completed to determine if we have outstanding PERS costs
    • Knight will contact DAS to determine if PERS applies (from December 1st hrough June 30th) which is the time we don't have a FTE in the office.  
  •   Knight suggests that she or a Board Member begin providing a report of the checks that have been written (for review by OSLAB) each month at their quarterly meetings.
  • Knight also suggests that OSLAB also consider developing committees such as:
    • Rules
    • Administrative
    • Continuing Education
    • Budget  
  • One final item for OSLAB to consider is that we expect to have $40,000.00 worth of expenses accrued that need to be paid by June 30,  2005.  That money will come from anticipated June 2005 revenue.  This means we may have $45,000.00 (plus or minus) money to cover expenses from July 1,  2005, through June 30, 2006. 
  • Figurski expressed a need to add an additional line items:
    • A line item for CLARB.  We have annual dues of approximately $3,600.00 that we need to cover.  Currently CLARB is willing to assist us administratively by carrying this cost until the time we can pay them. 
    • A possible line item for past exam reviews of approximately $2,500.00.  These represent reviews for candidates who fail the exam.  We buy the exams from CLARB for the reviews.  When the candidates pass the exam they pay for the cost but until that happens we may have this additional cost.
  • For the immediate future CLARB may be able to process all Oregon’s exam applicants during this time; do the record keeping and reporting; then provide us with copies for our review.  We will need to continue to proctor the exam.  Only the application process would be completed through CLARB which will reduce Knight’s administrative time.  Board may wish to continue this discussion at next meeting.
  •  The Secretary of State Audit Division has been called and is currently conducting an audit of OSLAB's financial records.
    • The audit is currently taking place: 
    • Knight has the only key to the office.
    • The lock to the office has been changed.
  • Our current financial procedure, due to the audit, is:
    • Knight collects and records all incoming checks and prepares the deposit.
    • The deposit and checks are then given to Leisinger who deposit’s them in the bank.
  • Outstanding debts are paid when revenue is available. 
 
Note:  The Board temporarily left the meeting at 1:00 PM to hold an Administrations Rules Hearing.
 
RECONVENED MEETING:
Chair Leisinger re-convened the OSLAB meeting at 1:25 PM.
 
Biglor moved that the Board adopt all rule amendments discussed during the Public Rules Making Hearing conducted on December 17, 2004, with the exception of the biennial budget and adoption of the model rules (804-001-0005).  The motion was seconded.
 
Discussion ensued:
Figurski indicated that the Board may want to review each amendment prior to full adoption.  According to attorney advice, if the Board elects to adopt language that would drastically differ from that in the current language as reviewed at the December 17, 2004, Public Hearing, then the Board may need to conduct a new Public Hearing. Figurski suggested that the Board table action on the motion until a small committee reviews the administrative rules language.
 
Biglor moved that the board table the motion on the floor until such time that a small subcommittee appointed by the chair has reviewed the rules to ensure they meet with Board intentions. The subcommittee will report back to the Board at the February meeting.
 
 Seconded and passed: Biglor, yes; Figurski, yes; Leisinger, yes; Nitz, yes; Stout, yes; Van Wormer, yes.
 
4) The Board discussed the list of items needing immediate attention by OSLAB.  Board members volunteered to assist as follows:
 
1 & 2) Biglor - Transcribe minutes of November 19, 2004 and December 17, 2004 meetings.
3) Table to February 11, 2005, Board Meeting: file all processed renewal forms from 6/2004.
4) Kyllo and Van Wormer- assist with draft 2005-7 budget.
5) Figurski and Beighley  assist with Administrative Rules review & evaluation.
6) Knight and Leisinger  Draft letter to the legislature that due to change in board administrator the report will be late to Legislature. Knight to then develop final letter to legislature.
7) Leisinger and Figurski to identify proposed legislation for this biennium.  The change in the renewal period needs attention.  Board must find a sponsor for this legislation. Leisinger is confident that he can find a Senator and Representative to sponsor our legislation.  Knight will ensure that OSLAB is listed in the Legislative directory.
8) Hire Movers  to move from the old OSLAB office to the new.
9 & 10) Knight  to create voice mail notice for callers notifying them that the OSLAB
Office will be closed through the Christmas and New Year Holiday season and it will re-open on January 3, 2005.  For emergencies you can call the Board Chair.
 
FINAL/COMMENTS AND ADDITIONAL ITEMS FOR DISCUSSION:
Van Wormer asked if the Board needs to notify the licensed LAs of the current situation of the Board.  The Board agreed to hold off unit we have better legal information that can (post audit) be shared, so as not to cause additional confusion with the licensees.  
 
RECESS:
@ 1:55 PM. for a break
 
RECONVENE:
@ 2:05 PM
 
ADDITIONAL ITEMS:
Hal Beighley was presented with a plaque and honored with applause for his service to the Board from 1989 to 2004 as a professional Landscape Architect.
 
6) Meeting with SIBA Administrators
The OSLAB met with the Semi-Independent Board Administrators (SIBA) to share the current situation of the Landscape Architect Board and request their financial assistance and support. The group meets every other month.
 
ADJOURNMENT:
Meeting was adjourned at 3:10 P.M. December 17, 2004
 
Respectively submitted
 
Gladys I. Biglor
OSLAB Vice Chair 
 
These minutes were approved at the regularly scheduled February 11, 2005, meeting.