HORTICULTURE COMMISSION MEETING

June 10, 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 9:07 a.m.

ROLL CALL

The roll was called by Mrs. Wales.

Members present: Fred Bass, Todd Parker, Chad Danos, Stephen Hoover, Paul Orr, Donald Kelley, Rob Barry, Patsy Spedale, Rusty Ruckstuhl, and Bill Fleming.

Members absent: Harold Tani, Dr. Paul Coreil and Roger Mayes.

A quorum was present.

Others present: Murphy Bell, Commission’s Attorney; Linsey Hunter, Hearing Officer; Ansel Rankins, LDAF; Craig Roussel, LDAF; Joylynn Wright, LDAF; and Eva Wales, LDAF.

APPROVAL OF MINUTES

Motion: Mr. Parker made a motion to approve the minutes from the March 4, 2010 hearing. This motion was seconded by Mr. Barry and passed unanimously.

SET NEXT HEARING DATE

The next Horticulture Commission meeting will be Thursday, September 9th, 2010 at 9:30 a.m. in the Veterans Memorial Auditorium.

OLD BUSINESS

There was no old business.

REINSTATEMENTS

Ms. Missy McCathran requested to have her retail florist license reinstated. Motion: Mr. Parker made a motion to reinstate her license. This motion was seconded by Mr. Barry and passed unanimously.

Mr. Lynn Varnado requested to have his arborist license reinstated. Motion: Mr. Parker made a motion to reinstate his license. This motion was seconded by Mr. Hoover and passed unanimously.

Mr. Dean Guidry requested to have his arborist license reinstated. Motion: Mr. Kelley made a motion to reinstate his license. This motion was seconded by Mr. Fleming and passed unanimously.

Mr. Ezekiel Ramshur requested to have his landscape Horticulturist license reinstated. Motion: Mr. Fleming made a motion that he retest. This motion was seconded by Mr. Danos and passed unanimously.

Mr. Kenneth Richard requested to have his arborist license reinstated. Motion: Mr. Fleming made a motion that he retest. This motion was seconded by Mr. Orr and passed unanimously.

Ms. Gina Kilpatrick requested to have her retail florist license reinstated. Motion: Mr. Barry made a motion to reinstate her license. This motion was seconded by Mr. Danos and passed unanimously.

Mr. Cecil Hayes requested to have his retail florist license reinstated. Motion: Mrs. Spedale made a motion to reinstate his license. This motion was seconded by Mr. Fleming and passed unanimously.

The meeting was turned over to the Hearing Officer at 9:55 a.m.

HEARING

New Cases

James Jiles

d/b/a J & J Logging and Tree Service

7124 Elsie Street

Shreveport, LA 71108

Case No.: 10-007

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

Continued.

Steve Stringer

d/b/a Liberty Lawn & Landscape

238 Mockingbird Lane

Slidell, LA 70458

Case No.: 10-006

Two violation of L.R.S. 3:3804 (C) for advertising in a regulated profession (landscape horticulturist and landscape contractor) without the proper license.

Stipulation received for $250.00 per violation and payment received for $500.00. Motion: Mr. Ruckstuhl made a motion to accept the stipulation and payment. This motion was seconded by Mr. Parker and passed unanimously.

Pete Adams

d/b/a Native, Inc.

498 High Hope Road

Sulphur, LA 70663

Case No.: 10-008

One violation of L.R.S. 3:3804 (C) for engaging in a regulated profession (landscape irrigation contractor) without the proper license.

Stipulation received for $250.00. Motion: Mr. Parker made a motion to accept the stipulation. This motion was seconded by Mr. Fleming and passed unanimously.

Daniel Lang

d/b/a Paradise Palms Landscaping

20127 Stafford Road

Covington, LA 70435

Case No. 10-005

Sixteen violations of L.R.S. 3:3804 (C) for advertising, soliciting, engaging and failing to abide by a stop order in a regulated profession (landscape architect, landscape horticulturist, landscape irrigation contractor and arborist) without the proper license.

Mr. Lang was present. Motion: Mr. Fleming made a motion to find Mr. Lang in violation of all 16 counts and to impose a penalty of $2,000.00 on the condition that if he passes the landscape horticulturist and landscape irrigation contractor exams within 6 months of today’s date that $1,000.00 of the $2,000.00 penalty would be suspended. This motion was seconded by Mr. Barry and passed unanimously.

The meeting was turned back over to Mr. Bass at 10:38 a.m.

NEW BUSINESS

Report on Current Legislation

Mr. Roussel reported to the Commission that a bill has been passed into law and signed by the Governor that will allow a temporary arborist license in times of a catastrophe and declaration of an emergency. There is also a bill that has gone through the legislature that will eliminate the practical part of the retail florist exam. That law will go into effect upon being signed by the Governor.

Adopton of Notice of Intent to amend regulations

Motion: Mr. Ruckstuhl made a motion to adopt the Notice of Intent to amend regulations to waive the requirement for irrigation contractors to carry insurance if they are consulting only. This motion was seconded by Mr. Parker and passed unanimously.

Mr. Roussel informed the Commission that Mrs. Ruby Bolding has retired and that Mrs. Joylynn Wright has been helping Mr. Rankins with some of her work.

Mr. Bass and Mr. Parker thanked the inspectors for the work that they do.

PUBLIC COMMENTS

Mr. Gary Joy, Vice President of the Irrigation Association, informed the Commission that he was in favor of the Notice of Intent.

ADJOURNMENT

Motion: Mr. Parker made a motion to adjourn at 10:55 a.m. This motion was seconded by Mr. Fleming and passed unanimously.

LOUISIANA DEPARTMENT OF AGRICULTURE & FORESTRY

Mary Tanner

2010-06-22

fran_m

LDAF