HORTICULTURE COMMISSION MEETING

March 4, 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. Parker at 9:07 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, Donald Kelley, Rob Barry, Patsy Spedale, Rusty Ruckstuhl, and Bill Fleming.

Members absent: Harold Tani and Roger Mayes.

A quorum was present.

Others present: Murphy Bell, Commission’s Attorney; Linsey Hunter, Hearing Officer; Ansel Rankins, LDAF; Ruby Bolding, LDAF; and Fran Bellington, LDAF.

APPROVAL OF MINUTES

Motion: Dr. Owings made a motion to approve the minutes from the December 1, 2009 hearing. This motion was seconded by Mr. Ruckstuhl and passed unanimously.

SET NEXT HEARING DATE

The next Horticulture Commission meeting will be Thursday, June 10th, 2010 at 9:00 a.m. in the Veterans Memorial Auditorium.

OLD BUSINESS

There was no old business but Mr. Parker took a moment to welcome Mr. Chad Danos to the Commission.

REINSTATEMENTS

Ms. Kim Bermudez requested to have her retail florist license reinstated. Motion: Mr. Fleming made a motion that she retest. This motion was seconded by Mrs. Spedale and passed unanimously.

Mrs. Sandra Bonnet requested to have her retail florist license reinstated. Motion: Mr. Fleming made a motion to reinstate her license. This motion was seconded by Mr. Ruckstuhl and passed unanimously.

Mr. Bass arrived during the second reinstatement at 9:18 a.m.

The meeting was turned over to the Hearing Officer at 9:25 a.m.

HEARING

New Cases

Carl Ferguson

d/b/a Ferguson’s Tree Care, LLC

10424 Port Hudson Pride Rd.

Zachary, LA 70791

Case No.: 10-003

Three violations of LAC 7:XXIX§ 117 E(1), E(4) and (9) for failing to enter into a written contract with the property owner, following standards of practice and using climbing irons in trees which were not removed and without permission from the owner of the trees.

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

Tom Clement

d/b/a 1st Impressions Landscape Services

215 S. Club Dr.

St. Gabriel, LA 70776

Case No. 10-004

Six 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 irrigation contractor and landscape architect) without the proper license.

Mr. Clement was present and admitted to each of the charges in writing. Motion: Mr. Danos made a motion to find Mr. Clement in violation. This motion was seconded by Mr. Fleming. After taking a roll call vote, 8 commission members were against and 3 commission members were in favor of finding Mr. Clement in violation. Members against the motion were Rob Barry III, Donald Kelley, Paul Orr, Patsy Spedale, Rusty Ruckstuhl, Fred Bass, Todd Parker and Dr. Allen Owings. Members in favor of the motion were Chad Danos, Steven Hoover and Bill Fleming. The motion failed and all charges against Mr. Clement were dropped.

Scott Haines

d/b/a Scott’s Lawn Service

4043 Common Street

Lake Charles, LA 70605

Case No.: 10-002

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

Mr. Haines was not present but the department proceeded because service was effected. Motion: Mr. Ruckstuhl made a motion to find Mr. Haines in violation. This motion was seconded by Mr. Parker and passed unanimously. Recommended penalty of $250.00 per violation for a total fine of $2,000.00. Motion: Mr. Parker made a motion to accept the recommended penalty. This motion was seconded by Mr. Barry and passed unanimously.

David McCleary

d/b/a Tree Solutions and Property Services

111 Charlais Drive

Ragley, LA 70657

Case No.: 10-001

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

Mr. McCleary was not present but the department proceeded because service was effected. Motion: Mr. Ruckstuhl made a motion to find Mr. McCleary in violation. This motion was seconded by Mr. Bass and passed unanimously. Recommended penalty of $250.00 per violation for a total fine of $750.00. Motion: Mr. Parker made a motion to accept the recommended penalty. This motion was seconded by Mr. Hoover and passed unanimously.

The meeting was turned back over to Mr. Bass at 10:15 a.m. At this time, Mr. Parker took a moment to thank our inspectors and the staff for their hard work and the good job that they do.

NEW BUSINESS

Discuss Landscape Irrigation Exam Committee

Mr. Rankins informed the Commission that the landscape irrigation exam needed to be updated and that a committee would be meeting soon to discuss those changes.

PUBLIC COMMENTS

There were no public comments but Mr. Bass took this time to thank the Commission members and the staff for the work that they do.

ADJOURNMENT

Motion: Mr. Parker made a motion to adjourn at 10:51 a.m. This motion was seconded by Mr. Danos and passed unanimously.

LOUISIANA DEPARTMENT OF AGRICULTURE & FORESTRY

Mary Tanner

2010-03-04

fran_m

LDAF