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Meetings
Date, Location, and Attendees
MEETING MINUTES
Tuesday, December 7, 2004
Oregon State University, Wilkinson Hall, Room 203
Salem, Oregon
 
Members Present:
Gary Peterson, RG, CEG, Board Chair
Eileen Webb, RG, Vice Chair
David Michael, RG, CEG
Allen Morris, Public Member
William Orr, Ph.D., RG
 
Members Excused:
Vicki McConnell, Ph.D., RG, State Geologist
 
Staff Present:
Susanna Knight, Administrator
Guests Present:
Roy Haggerty, Roger Nielsen, Todd Jarvis, and Colin MacLaren

Field Trip and Work Session
A field trip and Work Session preceded the Board Meeting. Shortly after 9:00 AM, a tour of the OSU Geosciences facilities began with a Power Point introduction to the Geosciences Department by Dr. Roy Haggerty, Director of Geology Programs. Dr. Roger Nielsen, Chair, Geosciences Department, led the field trip. The Board viewed the Digital Earth Laboratory, where students learn state-of-the-art applications in spatial analysis (GIS, remote sensing) and modeling tools (groundwater modeling). The tour continued into Burt Hall to view the Keck Co-Laboratory, a lab set up to facilitate faculty research in a wide range of fields, including oceanography, geology, chemistry, and biology. The Board then viewed the new Electron Microprobe Laboratory, the new ice core facilities, the newly achieved rock storage facilities and the labs (renovated in 2003), where the traditional Mineralogy and Petrology courses are taught. Dr. Nielsen discussed the need for students to be trained in the basic skills, while still providing access to state-of-the-art facilities, which is a challenge for Geoscience Departments in the 21st century. The field trip ended at approximately 10:15 AM. Dr. Nielsen rejoined the Board at 11:45 AM for lunch and a discussion about university curriculum in geology and related fields.
 
The Work Session began with a training on the Travel Expense Detail Sheet (TEDS), the document used to reimburse Board Members for funds expended to serve the Board. Administrator Knight defined what per diem is, how it is processed, and how various Boards pay per diem. She stated that the per diem is budgeted at $30.00 for the 2005-07 biennium. If the Board considers increasing the per diem, the budget line item must then be adjusted.
 
Knight then fielded questions about the draft budget for the 2005-07 biennium. The Budget Committee met on November 11, 2004, to review the line items of this draft budget. Knight pointed out that the budget includes an increase in office rent to allow additional square footage to relieve the current cramped quarters; a one-step increase in administrator salary each year of the biennium; and an increase in health benefit costs. She also pointed out that a new line item is the PERS bond repayment required by 2003 Legislation. Funds for additional updating of the Filemaker Pro database, begun during the 2003-05 biennium, is also included in the budget.
 
Chair Peterson then led a discussion about the opportunity for the Board to contract with the Landscape Architect Board for the administration of their office. The Board discussed the pros and cons of such an arrangement. Members saw this as an opportunity for a cooperative working relationship with the eventual possibility of a two-person office. The configuration of a two-person office will be discussed and developed over the next final six months of the 2003-05 biennium.
 
The Board briefly discussed the newsletter's purpose and agreed that as a regulatory Board, the newsletter should communicate registrant information, changes to rules and laws, and Board meeting information, including updates on compliance issues. However, as Board Members or registrants wish to contribute, the newsletter can contain other information of value to the regulation of the practice of geology. The Board chose to come back to a discussion of the website at the March meeting. In addition, a discussion of the Oregon Geology examination and Continuing Education will be moved to the March Work Session agenda
 
The Board meeting was called to order by Chair Gary Peterson at 1:55 PM.

I. APPROVAL OF AGENDA
One additional item was added: VII. D. Discuss interagency contract with Landscape Architect Board. The agenda was approved with this addition.

II. APPROVAL OF MINUTES
Webb moved to approve the minutes of the October 21, 2004, Board Meeting. Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes. Michael moved to approve the minutes of the September 14, 2004, Board Meeting. Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes.

III. ANNOUNCEMENT
A list of tentative Board Meeting Dates for 2005 was distributed. The following dates were approved for 2005: March 8, 2005; June 7, 2005; September 13, 2005; and November 15, 2005.

IV. REPORTS
  1. Office Report
    1. AR2004-04: Knight distributed a report titled SUMMARY OF STAFF ACTIVITIES since 9/14/2004. (See attached report.) Knight reported that her annual review for July 1, 2003, to June 30, 2004, has not yet been completed. Meetings with the Board Chair have been limited since the last Board meeting. Knight stated that results of the national ASBOG exam were received and processed in late November. The Oregon pass rate for the October 8, 2004, ASBOG fundamental exam was 60%, slightly above the national pass rate. The Oregon pass rate on the ASBOG practice exam was 93%, substantially above the national average.
    2. Knight distributed a REVENUE AND EXPENSE STATEMENT for the 2003-2005 biennium. She noted that as of December 6, 2004, the revenues are ahead of the expenses by $18,815.85. She noted that January, February, and March are the three lowest renewal months of the year, so these funds will be expended during that time.  Knight reported that the draft budget for 2005-2007 is not yet completed. She stated that the draft would be developed over the next month and forwarded to the Budget Committee (McConnell and Peterson). The draft would be ready for review at the December Work Session.
  2. Committee Reports
    1. CEG Examination: Peterson reported that two candidates sat for the October 8, 2004, CEG examination. Both candidates passed. He and Knight worked together in scoring the exams.
    2. OR-Specific Exam: Orr stated that three candidates sat for the exam on December 3, 2004. All examinees stayed the entire two hours. Scores are pending.
    3. CEG Report Guideline Committee: Michael reported that the committee is in need of registrant volunteers that work in multi-discipline consulting environments. The makeup at present includes smaller private firms. The following CEGs have volunteered to serve on this Board Committee: Tom Horning, Chris Humphrey, and Gunnar Schlieder.
    4. Hydrogeology Guideline Committee: Webb reported that she convened the committee at the Board office on Thursday, December 2. Members present were Audrey Eldridge, Doug Geller, Corky Isselhardt, Ken Lite, and Marc Norton. The committee concluded that the document was too long. It will be shortened so that it is more user friendly. The additional information created for the initial report will be available should more detailed information be needed by a user. The committee identified a final editor. Work continues with this project.
    5. MOU Joint Committee: Peterson reported that the committee met on November 18, 2004 in Portland. Members Stan Kelsay, Stu Albright represented OSBEELS, with an OSBEELS board member guest Suzanne Lazslow. Both Peterson and Michael represented OSBGE. OSBEELS indicated that the issue regarding lack of authority to regulate geology highlighted a problem that they intend to address in the legislature. They are working to add this text to an existing Legislative Concept to bring it to the legislature this session. The modification would generically clarify that OSBEELS’s regulatory authority addressed all PEs when working in overlap practice areas. OSBEELS representatives also expressed interest in working with OSBGE in speaking with DEQ regarding review of reports prepared by qualified registered professionals (both geologists and engineers). OSBGE board supported this action, with arrangements to be made for a joint visit. Peterson also reported that OSBEELS staff presented a program to county surveyors at the annual meeting of the Association of Oregon Counties (AOC). He requested that OSBGE make the appropriate arrangements to present at the next AOC annual meeting.
    6. Outreach Committee: Orr reported that on November 8, 2004, he and Knight presented information about geology registration to upper and graduate division students at Oregon State University. He stated that it is time to send letters to university environmental departments sharing the news of geology regulation. Such a letter was previously issued in 2001. He also stated a draft document similar to the DISCLOSURE STATEMENT distributed last meeting will be reviewed at next meetings work session. Peterson commented that such a document could be discussed and distributed during the Association of Oregon Counties’ meeting next year.
    7. Rules & Regulations Committee: Webb reported that ASBOG will be increasing the fundamental exam fee for the Fall of 2006. Because OSBGE has historically considered ASBOG exam rates a pass through cost for registrants, a rule change is required for the increased fee.
    8. Professional Practice Committee: Michael informed the Board that the following registrants are members of this committee: Tim Blackwood, Jim Fischer, Rowland French, Douglas Gless, and Jonathan Sprecher. All, except French, were present for a meeting on November 18, 2004. A hard copy of THE WHITE PAPER was distributed and discussed. The short-term goal of this committee is to complete THE WHITE PAPER. The long-term goal is to be there to offer support to the Board on practice issues. Michael will continue on the committee after November 2005 when his Board term expires.
    9. Compliance Committee: Morris reported that CC#04-07-004 is in process. A review was just completed by the Board’s technical member. The Board asked that the respondent be informed of the complaint and asked to reply. Results of the current Board mediation (CC#03-03-002) are still pending. The Board stated that the six-month window for the respondent closes April 22, 2005. Morris inquired if the Board wished to subpoena documents from NWAS franchisees in Oregon. The Board also discussed possible strategies for collecting the civil penalty from the parent company.
    10. Legislative Issues: Knight reminded members that the Board’s final draft of their only Legislative Concept is now in their hands. It seeks to require that all university transcripts contain 45 credit hours in geology. Another bill, of interest to the Geology Board this session, is seeking borrowing authority for semi-independent Boards. In preparation for the session, Knight asked each member to write a personal note of introduction to legislators from their district. 
  3. National ASBOG Meeting Report Webb reminded all members that she previously issued a summary document about the November national meeting held in Boise, Idaho. She stated that even if there is not an Administrator meeting, she believes the Board Administrator should attend the national meeting. Webb distributed a copy of the statistics from the October ASBOG examination. Oregon’s pass rate on the fundamental section was 60%. Oregon’s pass rate on the practice was 93%.

V. CORRESPONDENCE
AC 04 10 373: The Board reviewed this email inquiry about requirements for reviewers of geology work. They appreciated the inquiry but questioned if there was a specific situation. The reviewer could be involved in the practice of geology but the Board could not clearly evaluate the issue. The question is too general and more input on the specific issue is needed

VI. OLD BUSINESS
  1. LITIGATION MONITORING AGREEMENT draft: The final approval of this document was tabled until the March meeting.
  2. Meeting with DEQ: Peterson reported that at the MOU Committee meeting (See above, Reports, IV.B.5), OSBEELS also indicated they have issues to discuss with DEQ and requested the opportunity to act jointly. OSBEELS is concerned that recently reports prepared for DEQ by Professional Engineers have been rejected. Peterson & Webb will collaborate on the talking points, then contact Lazlow, OSBEELS to confirm an agenda. Both Boards agree that the meeting should be scheduled with Stephanie Hallock of DEQ.
  3. Tribal Relations Policy draft: Morris reported that he and McConnell are in the process of collecting models from other agencies.
  4. Continuation plan for agency management in the event of a sudden, permanent loss of the administrator's services: Knight reported that a statement is now on file with the Office Manager of Professional Benefits Service (PBS). The Board office is currently house with PBS. In addition, the Desk Manual is undergoing review and updating.

VII. NEW BUSINESS
  1. The Board discussed the current practice to be followed by registrants failing the examination two times. Michael stated that it is not a policy but rather a guideline. Michael moved to approve the GUIDELINES as presented. Motion passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes.
  2. Knight stated that the budgeted expenses for 2005-2007 are more than the anticipated revenue. However, she indicated that there could be a positive cash flow from the year-end balance and from another source currently under review. Webb moved to accept the draft budget with the caveat that the Board will keep close watch over the revenue stream during the biennium. Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes.
  3. Webb requested a discussion of the Oregon Geology Examination. Tabled to the March meeting.
  4. The Board discussed a "bridge" contract with the Landscape Architect Board to get them through a difficult period. Members agreed that a clause should be included reserving the right for OSBGE to terminate the contract immediately. Webb moved to authorize Knight to negotiate a contract with the Landscape Architect Board for administration of their office effective 12/1/2004 to 6/30/2005. Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes.

VIII. ITEMS FOR BOARD ACTION
  1. Compliance Matters: Morris stated that no specific action is needed for CC#04-07-004. Knight should issue a letter to the respondent, as is the normal procedure.
  2. Applications for CEG by Cooperation: The Board discussed the two CEG applicants. Both have met the Board requirements as a Registered Geologist. Both have passed an examination for the CEG registration. Webb moved to approve CEG registration for applicant #04101020 and applicant #04113109. Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes.
  3. Peterson expressed concern about raising any fees at this time. Michael stated that we must pass this national exam fee increase on to those that are sitting for the test. Current registrants should not pay for an examination fee. This fee becomes effective Spring 2006 and will increase the ASBOG fundamental exam fee from $125.00 to $150.00. Webb moved to increase the fundamental exam fee as stated in OAR 809-010-0001, Fees, from $125 to $150 effective with the Spring 2006 examination. Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes.
  4. Peterson moved to approve the draft budget for 2005-2007. Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes.
  5. Michael moved to approve the Check log from #2076 to #2112. Seconded and Passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes

IX. PUBLIC COMMENT
Roy Haggerty inquired about the need to be supervised by a Registered Geologist when serving as a peer reviewer for a geology report. The Board stated that consultation is defined as the practice of geology and therefore one must be registered to do such work.
 
Chair Peterson adjourned the meeting at 4:40 PM.
 
Respectfully submitted,
 
Susanna Knight
Administrator

(Minutes were approved at the March 8, 2005, quarterly Board meeting)