Arborist Advisory Council Meeting Minutes July 13, 2005
Members Present:
Dave Newell, tish carr, Art Batson, Wes Davis, Bob Levesque, Lois Stack
Members Absent:
Ted Armstrong
Staff Present:
Terry Bourgoin, Debbie Davis, Ann Gibbs
Review of minutes
Minutes from the March meeting were accepted as written.
Program update
Debbie reported 585 arborists renewed their license and 38 did not. We received a request from DHS to revoke a license from an individual for failure to pay child support. The license was reinstated shortly thereafter when the individual paid his outstanding payments.
Update on Recent Complaints
Debbie indicated we had less than 10 complaints based on advertisements. Letters were sent out and followed up as appropriate. Terry provided on update on the Gil Lamarre complaint. Mark Randlett, Assistant Attorney General, put together a draft court order that was sent to Mr. Lamarre's lawyer, listing the terms of the court order, including a $14,000 fine. Mr. Lamarre's lawyer accepted the terms on behalf of his client, except the fine. Mark offered that the bulk of the fine be suspended, providing that Mr. Lamarre repay customers with outstanding deposits for incomplete work, which amounts to about $3,000. The court order was revised and Mr. Lamarre's lawyer said he would strongly suggest that Gil accept the order. Once an order is finalized, if Mr. Lamarre violates any of its terms, he will be in contempt of court. tish asked if a press release would be sent out. Terry said one would be.
Discussion of Arborist Legislation
LD 861 did not get out of committee. tish indicated there was little support for the bill and lots of opposition. Maine Municipal Association offered to help with legislation in the future. Jeff Austin from MMA will be invited to council meetings. Terry indicated that if the Council suggests another bill, Council members would have to do a better job getting a pulse of the industry or groups they represent before going forward. tish asked if the Council should pursue this issue; the group decided to wait. Wes suggested doing a little research to determine what type of work is being done by whom, starting with checking cable companies.
Study Guide Update
The new guide will include the Tree Climber's Guide, insect and disease fact sheets, information about the Arborist Law and Rules, and ANSI standard summaries. Ann will check with ANSI to inquire about the use of the summaries. Staff will determine the cost of the study guide, which is estimated to cost approximately $40. The Council discussed whether it would be a requirement to purchase a Study Guide in order to take the exam. The Council recommended the purchase of the Study Guide be optional but that the Department strongly recommend it to individuals taking the exam.
Exam question update
We are still waiting to receive some questions. Staff hopes to have the new test in place by the end of 2005. There are currently about 200 questions. They will be reviewed by Council members and possibly by an educator. The cost of the exam will remain the same as it is now, with the additional cost of the Study Guide added if purchased.
Discussion of Short Term Goals - Where Do We Go Next?
tish mentioned the Council was productive in getting things accomplished. The short-term goal list from the 1/25/05 meeting was reviewed. It was suggested the list note what was completed and add two items to it - develop a continuing education credits process, and definition of supervision by a licensed arborist. Ann will revise the list to include a status box and meeting dates when the issues were discussed.
Discussion on the Definition of Supervision by a Licensed Arborist
There have been questions from the field and Council members regarding what constitutes on-site supervision. According to the Attorney General's office, a licensed arborist must be on site at all times when arborist work is being done. Council members discussed how industry has interpreted this definition. Council members indicated it is not industry practice to always have a licensed arborist on site when work requiring an arborist license is being performed. Usually a licensed arborist will check in during the day, could be contacted via radio or cell phone, and no climbing is allowed without an arborist present. The group thought it was less of a problem currently because most crew members are licensed. They also felt the current system is working. Tish mentioned that the group not lose sight of the purpose of the requirement - which is safety. Terry observed that there is a discrepancy between current practice and legal interpretation. Lois suggested letting companies know about the liabilities without making the law less restrictive. Lois asked if staff could check on how other states deal with the issue. Terry said we would. Terry said it would be helpful to get a sense of the current practices of the groups represented by Council members to continue the discussion of on site supervision. Debbie wondered whether a survey of MAA members would help. Council members felt Ted Armstrong could do that as President of the Association. Ann agreed to contact Ted to ask him to check with his membership on this issue.
Agenda Topics for Next Meeting
Agenda topics will include a continued discussion of on site supervision, and discussion about a public education campaign. The meeting dates for the rest of 2005 will be 9/19/05, 10/17/05, and 11/14/05. A decision on the need for a meeting in December will be made in November.
Other business
Since no further business was pending, the meeting was adjourned at 1:30 p.m.
Respectfully submitted,
Ann Gibbs and
Terry Bourgoin
