HORTICULTURE COMMISSION MEETING

December 16, 2010

9:00 a.m.

Veterans Memorial Auditorium

5825 Florida Boulevard

Baton Rouge, LA 70806

Minutes

CALL TO ORDER

The hearing was called to order by Mr. Bass at 9:37 a.m.

ROLL CALL

The roll was called by Mrs. Bellington.

Members present: Fred Bass, Todd Parker, Dr. Allen Owings, Chad Danos, Stephen Hoover, Paul Orr, Rob Barry, Rusty Ruckstuhl, Bill Fleming and Roger Mayes.

Members absent: Donald Kelley and Patsy Spedale.

A quorum was present.

Others present: Murphy Bell, Commission’s Attorney; Lindsey Hunter, Hearing Officer; Ansel Rankins, LDAF; Craig Roussel, LDAF; Joylyn Wright, LDAF; Mark Singleton, LDAF; and Fran Bellington, LDAF.

PUBLIC COMMENTS

There were no public comments.

APPROVAL OF MINUTES

Motion: Mr. Parker made a motion to approve the minutes from the September 9, 2010 hearing. This motion was seconded by Mr. Ruckstuhl and passed unanimously.

SET NEXT HEARING DATE

The next Horticulture Commission meeting will be Thursday, March 24th, 2011 at 9:30 a.m. in the Veterans Memorial Auditorium.

OLD BUSINESS

There was no old business.

The meeting was turned over to the hearing officer at 9:40 a.m.

Mr. Bill Fleming arrived at 9:42 a.m.

HEARING

New Cases

Ricky Vincent

d/b/a Tree Surgery by Ricky Vincent

12497 Terrell Drive

Clinton, LA 70722

Case No.: 10-011

Four violations of L.R.S. 3:3804 (C) for advertising, engaging and violating a stop order in a regulated profession (arborist) without the proper license.

Continued to March 24th, 2011 hearing.

Robert Arthur

d/b/a Superior Tree Service

151 Cedar Lane

Many, LA 71449

Case No. 10-013

Two violations of L.R.S. 3:3804 (C) for advertising in a regulated profession (arborist) without the proper license.

Stipulation received. Motion: Mr. Parker made a motion to accept the stipulation. This motion was seconded by Mr. Danos and passed unanimously. Recommended penalty of $250.00 per violation for a total fine of $500.00. Motion: Mr. Parker made a motion to accept the recommendation. This motion was seconded by Mr. Barry and passed unanimously.

Todd Grigor

d/b/a AAA Advanced Tree Experts

102 Palm Swift Drive

Slidell, LA 70461

Case No.: 10-010

One violation of L.R.S. 3:3804 (C) for soliciting in a regulated profession (arborist) without the proper license.

Mr. Grigor was not present but the department proceeded because service was effected. Motion: Mr. Parker made a motion to find Mr. Grigor in violation. This motion was seconded by Mr. Hoover and passed unanimously. Recommended penalty of $250.00. Motion: Mr. Parker made a motion to accept the recommendation. This motion was seconded by Mr. Hoover and passed unanimously.

Jason Jarrell

d/b/a J.J.’s Tree Removal

24432 Sunny Meadow Drive

Abita Springs, LA 70420

Case No.: 10-012

One violation of L.R.S. 3:3804 (C) for advertising in a regulated profession (arborist) without the proper license.

Mr. Jarrell was not present but the department proceeded because service was effected. Motion: Mr. Hoover made a motion to find Mr. Jarrell in violation. This motion was seconded by Mr. Danos and passed unanimously. Recommended penalty of $500.00. Motion: Mr. Danos made a motion to accept the recommended penalty. This motion was seconded by Mr. Parker and passed unanimously.

Barry Davis

d/b/a Davis Tree Work

665 Jarrell Loop

Evan, LA 70639

Case No.: 10-014

One violation of L.R.S. 3:3804 (C) for advertising in a regulated profession (arborist) without the proper license.

Mr. Davis was not present but the department proceeded because service was effected. A statement was also received from Mr. Davis and given to the Commission members. Motion: Dr. Owings made a motion to find Mr. Davis in violation. This motion was seconded by Mr. Barry and passed unanimously. Recommended penalty of $250.00. Motion: Mr. Parker made a motion to accept the recommended penalty. This motion was seconded by Mr. Fleming and passed unanimously.

Jesse Easley

d/b/a Louisiana Tree Surgery LLC

16622 Shady Arbor Lane

Baton Rouge, LA 70817

Case No.: 10-015

Four violations of L.R.S. 3:3804 (C) for advertising, engaging and violating a stop order in a regulated profession (arborist) without the proper license.

Mr. Easley was present. Motion: Mr. Ruckstuhl made a motion to find Mr. Easley in violation for the two (2) violations of engaging only. This motion was seconded by Mr. Mayes and passed unanimously. Recommended penalty of $250.00 per violation for a total fine of $500.00. Motion: Mr. Fleming made a motion to charge Mr. Easley $50.00 per violation for a total fine of $100.00. This motion was seconded by Mr. Barry and passed unanimously.

Michael Connell

d/b/a C & C Tree Service

P. O. Box 313

Port Allen, LA 70760

Case No.: 10-016

Nine violations of L.R.S. 3:3804 (C) for advertising, engaging and soliciting in a regulated profession (arborist) without the proper license.

Mr. Connell was present. Motion: Mr. Fleming made a motion to find Mr. Connell in violation. This motion was seconded by Mr. Parker and passed unanimously. Recommended penalty of $250.00 per violation for a total fine of $2,250.00. Motion: After some discussion, Mr. Hoover made a motion to fine Mr. Connell $2,250.00 but suspend the fine pending no further violations. This motion was seconded by Mr. Mayes. After taking a roll call vote, 8 commission members were in favor of and 2 commission members were against the motion. Members in favor of the motion were Chad Danos, Paul Orr, Roger Mayes, Stephen Hoover, Bill Fleming, Russell Ruckstuhl, Fred Bass and Todd Parker. Members against the motion were Dr. Allen Owings and Robert Barry, III. The motion carried.

The meeting was turned back over to Mr. Bass at 11:00 a.m.

NEW BUSINESS

There was no new business.

PUBLIC COMMENTS

There were no public comments.

ADJOURNMENT

Motion: Mr. Parker made a motion to adjourn at 11:01 a.m. This motion was seconded by Mr. Hoover and passed unanimously.

LOUISIANA DEPARTMENT OF AGRICULTURE & FORESTRY

Mary Tanner

2010-12-22

fran_m

LDAF