HORTICULTURE COMMISSION MEETING

March 24, 2011

9:30 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 9:35 a.m.

ROLL CALL

The roll was called by Mrs. Bellington.

Members present: Fred Bass, Todd Parker, Dr. Allen Owings, Chad Danos, Stephen Hoover, Rob Barry, Aaron Wade, Harold Tani, Rusty Ruckstuhl and Roger Mayes.

Members absent: Paul Orr, Bill Fleming and Patsy Spedale.

A quorum was present.

Others present: Murphy Bell, Commission’s Attorney; Lindsey Hunter, Hearing Officer; Ansel Rankins, LDAF; Thelma Earls, LDAF; E. B. Thompson, LDAF; and Fran Bellington, LDAF.

PUBLIC COMMENTS

There were no public comments but Mr. Parker took a moment to welcome Aaron Wade to the Commission and to introduce new Baton Rouge District, AES inspectors Devin Boudreaux & Scotty May. Mr. Bass welcomed the new inspectors and thanked the Commission members for their time.

APPROVAL OF MINUTES

Motion: Mr. Ruckstuhl made a motion to approve the minutes from the December 16, 2010 hearing. This motion was seconded by Mr. Mayes and passed unanimously.

SET NEXT HEARING DATE

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

OLD BUSINESS

Daniel Lang, Case No. 10-005.

Mr. Rankins informed the Commission that at the June 10, 2010 meeting a motion was made to find Mr. Lang in violation of 16 counts and to impose a penalty of $2,000.00 on the condition that if he passed the landscape horticulturist and landscape irrigation contractor exams within 6 months of June 10, 2010 that $1,000.00 of the $2,000.00 penalty would be suspended. It has been over 6 months now and Mr. Lang still has not passed either of the exams and obtained his license. Mr. Rankins is going to send him a letter letting him know that he will now owe the total fine of $2,000.00. He is also going to call him and encourage him to continue to take the exams until he passes and obtains his license, and tell him about the irrigation workshops.

REINSTATMENT REQUESTS

There were no requests for reinstatement.

The meeting was turned over to the hearing officer at 9:43 a.m.

HEARING

New Cases

Billy Floyd Sr.

d/b/a B & C Tree Service

P O Box 361

Olla, LA 71465

Case No.: 11-001

Four violations of L.R.S. 3:3804 (C) for soliciting and 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. Barry and passed unanimously. Recommended penalty of $250.00 per violation for a total fine of $1,000.00. Motion: Mr. Parker made a motion to accept the recommendation. This motion was seconded by Mr. Hoover and passed unanimously.

Chris Maranto

d/b/a Ground Control

11391 Richcroft

Baton Rouge, LA 70896

Case No.: 11-002

Two violations of L.R.S. 3:3804 (C) for engaging in a regulated profession (landscape horticulturist) 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. Danos made a motion to accept the recommendation. This motion was seconded by Mr. Tani and passed unanimously.

Gerald Brecheen

d/b/a Gerald’s Tree Service

30905 Burgess Rd. Lot 13

Denham Springs, LA 70726

Case No.: 11-003

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

Continued because the department could not effect service.

Rick Heckmann

P O Box 711

Denham Springs, LA 70726

Case No.: 11-005

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

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

A recess was called at 10:00. The meeting was reconvened at 10:07 and all commission members present before the recess returned.

Continued Cases

Ricky Vincent

d/b/a Tree Surgery by Ricky Vincent

12497 Terrell Drive

Clinton, LA 70722

Case No.: 10-011

Two 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. Vincent was present with counsel Larry Guy. Stipulation to charge #2 received. Motion: Mr. Parker made a motion to accept the stipulation. This motion was seconded by Mr. Hoover and passed unanimously. Recommended penalty of $500.00 with ½ suspended on the condition that Mr. Vincent have no further violations within the year 2011 for a total fine of $250.00. Motion: Mr. Hoover made a motion to accept the recommendation. This motion was seconded by Mr. Parker and passed unanimously.

New Cases cont’d

Kelvin Robins

d/b/a Legacy Tree & Stump

2729 Madison Ave.

Baton Rouge, LA 70812

Case No. 11-004

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

Mr. Robins was present. Motion: Mr. Parker made a motion to find Mr. Robins in violation. This motion was seconded by Dr. Owings and passed unanimously. Recommended penalty of $1,000.00 per violation for a total fine of $9,000.00. Motion: Mr. Parker made a motion to accept the recommendation. This motion was seconded by Mr. Tani and passed unanimously.

The meeting was turned back over to Mr. Bass at 10:47 a.m.

NEW BUSINESS

There was no new business.

PUBLIC COMMENTS

A gentleman in the audience made a comment about Mr. Robins.

ADJOURNMENT

Mr. Bass thanked the Commission for their patience and hard work. Motion: Mr. Mayes made a motion to adjourn at 10:49 a.m. This motion was seconded by Mr. Parker and passed unanimously.

LOUISIANA DEPARTMENT OF AGRICULTURE & FORESTRY

Mary Tanner

2011-03-28

fran_m

LDAF