Arborist Advisory Council Meeting Minutes October 17, 2005

Members Present:
Art Batson, Wes Davis, Ted Armstrong, tish carr, Bob Levesque

Members Absent:
Dave Newell, Lois Stack

Staff Present:
Terry Bourgoin, Debbie Davis, Ann Gibbs

Review/Approve minutes

Art Batson moved and Ted Armstrong seconded that the September meeting minutes be approved as submitted. Motion carried unanimously.

Program Update

Debbie reported that renewal notices for arborist licenses will be mailed next month, with a return date of December 31, 2005.

Update on Recent Complaints

Terry reported that Gil Lamarre has agreed to the court Consent Order, which Mark Randlett, with the Attorney General's office, and Terry prepared. The Consent Order prohibits Mr. Lamarre from accepting deposits, and requires him to pay back all known outstanding deposits, and a civil penalty of $500 to the Department. If Mr. Lamarre violates the court order, he will have to pay $9,500, the balance of a $10,000 fine which is being suspended, and the case will go back to court. The order still must be signed by Mr. Lamarre, the Attorney General's office, and a judge in Superior Court. Once this is signed, Terry will send out a press release, with copies also sent to weekly papers. Questions raised by Council members include how long the court order is valid, when Mr. Lamarre can get relicensed, and whether Mr. Lamarre's record will show this violation. Terry noted Mr. Lamarre will qualify for relicenising, but he will either have to retake the arborist exam or pay for all past licenses, depending on the type of work he has been doing and how long he has been without a license. Terry agreed to check with Mark Randlett for answers to the other questions.

Ted presented paperwork concerning the unlicensed arborist posing as a Whitney subcontractor at a property in Westbrook. The Department will send a complaint letter to this individual.

Update on Study Guide

The study guide is ready to be printed. We have received 53 copies of the ISA Tree Climbers' Guide at a price of $28 each. Ann indicated she has received no response regarding the use of the web summaries of the ANSI standards. Terry noted we should attempt to request permission again, because we could violate copyright laws if they are copyrighted and we use the summaries without permission. Ann indicated the summaries are not copyrighted but would try to obtain approval again.

Update on New Exam Questions

The Department has received all the written questions for the new exam. Debbie has entered most of them into the computer using Partest (test software). This software will enable us to manipulate and evaluate the questions. The test questions are being reviewed by a public relations person with University of Maine Cooperative Extension (UMCE) and an employee at the Department of Education. The new test will be unveiled at the exam scheduled for February 2006.

Insurance Issues

Ted presented a certificate of insurance, which can be used for proof of insurance for each licensed arborist. The Department can be notified by the insurance company if an individual cancels his/her coverage, if the Department is listed as additionally insured. Art will find out how the Department can get notified of changes in insurance status. tish will also ask her insurance company. The Council felt the Department should ask for proof of insurance from all licensed arborists when they renew their licenses. Debbie asked how the program should deal with individuals who want to maintain their arborist license but don't plan on working as an arborist and therefore don't obtain insurance coverage. All licensees will still have to sign the affidavit stating they won't work without insurance. The Council thought it was important to educate the public to ask arborists for proof of insurance as well as their arborist license.

Art Batson moved and Ted Armstrong seconded that the Council recommends that the Department require proof of insurance in the form of a certificate of insurance for all renewing and new arborists, and that only those arborists who submit proof of insurance be listed as an active arborist (if proof of insurance is not supplied, they will be considered inactive and not included on the Department's list of licensed arborists available to the public). Motion passed unanimously.

Terry brought up a related issue concerning when a licensed arborist leaves a company and therefore is no longer covered by the company's insurance policy. The Council suggested that the Department write a letter reminding the arborist that he is no longer covered by his company's insurance and must obtain his own coverage in order to work as an arborist in Maine.

Discussion on Public Education/Information Campaign on Arboriculture in Maine (including Arbor Day): Public education and outreach has been one of the goals of the Council. Ted mentioned that an ad in the yellow pages would be useful both for the Maine Arborist Association (MAA) and the Department of Agriculture and he offered to determine costs, etc.

Terry distributed a copy of a brochure published by the International Society of Arboriculture entitled "Why Hire an Arborist" and a copy of an e-mail message he received from Jeff Austin, with the Maine Municipal Association (MMA), providing contact information for the Public Education and Government (PEG) group of cable channels. tish suggested that the Public Service Announcement (PSA) developed by MAA should be aired more frequently. Ted agreed to submit it to the PEG group. Lois, via an email message, mentioned that she was working on a press release and asked if she could contact arborists on the Council for quotes. Wes, tish and Ted agreed to be interviewed for the release. Lois also mentioned that she had spoken to Jennifer O'Leary, public relations person for Cooperative Extension, concerning notifying the public about arborist issues. Jennifer mentioned that press releases were the most effective means to get a message out with minimal cost.

Lois had included some questions for the group to get the discussion on a public information/ education effort started. These were:

W hat's the message? - Hire qualified people - licensed and insured. Information about the function of an arborist would be helpful.

Who's the audience? - Property owners.

When should the message be conveyed? - Ted didn't think it mattered. tish suggested winter when folks were indoors. Wes felt it should be continual. Ted mentioned that spring (April) and fall (September) were when people thought about trees. Art mentioned that it depended on the venue.

How should the message be distributed? - tish mentioned an advertising firm had found movie trailers to be effective. Debbie suggested that landlord associations be provided with information, and Bob Levesque suggested insurance companies be contacted. The ISA brochure "Why Hire an Arborist" could be used.

How much money is available? - Terry said a little money from the state arborist account could be provided to educate the public and (hopefully) reduce enforcement requirements. tish wondered if MAA might qualify for a Project Canopy grant. Ted agreed to check with Jan Santerre, volunteer coordinator with Project Canopy, to see if this would be possible. The group agreed to invite Jan and Mike Debonis, manager of Project Canopy, to the next meeting. tish will look into other types of grants that might be available. Ted mentioned that whatever was done for a PR campaign could be fairly expensive. Terry suggested that to further this effort a small committee be formed to develop a PR "campaign". Once that is in place, a budget can be developed, and funds could be solicited from various sources. Terry suggested the committee include Jennifer O'Leary from Cooperative Extension, Council members, staff, Jan Santerre or Mike Debonis, and possibly others. Ann will check with Lois to invite Jennifer to the next meeting and will send the wording from the ISA brochure for background.

Agenda Topics for Next Meeting

The next meeting will be held on 11/14/05. Agenda topics include: continuation of the public information campaign discussion, including forming a committee; discussion of proposed rule changes; review short-term goals: and review types of questions to be included on the new utility and landscape exam. The group agreed to skip meeting in December, and set the date for the following meeting for 1/23/06. This date will be confirmed at the next meeting.

Since no further business was pending, Bob Levesque moved and Ted Armstrong seconded that the meeting be adjourned. Motion carried unanimously. The meeting was adjourned at 2:00 p.m.

Respectfully submitted,

Ann Gibbs and

Terry Bourgoin

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