Arborist Advisory Council Meeting Minutes September 19, 2005
Members Present:
Art Batson, Wes Davis, Bob Levesque, Ted Armstrong, Dave Newell, tish carr, Lois Stack.
Members Absent:
None
Staff Present:
Terry Bourgoin, Debbie Davis, Ann Gibbs
Guests:
Jeff Austin, Maine Municipal Association
Review/Approve minutes
Change under Study Guide Update -"The new guide with.." to "The new guide will.". Minutes approved with change.
Program Update
Debbie reported that 12 people took the exam this month with 10 passing one or both exams. Two people did not show up for the exam. Debbie noted that two individuals about whom we received complaints took the exam and passed. They indicated they were not aware that they needed to be licensed. Council members asked what happens if someone reschedules his or her exam. Debbie indicated they could reschedule one time if they call before the exam. Art Batson suggested there be a cut-off for requests for rescheduling; if a person calls early enough, possibly others who are on a waiting list could take the exam. If the person calls after the cut-off - he or she would lose the testing fee. Wes Davis asked if the Department administers enough exams. Ann Gibbs indicated she felt we did, with four exams administered per year (February, April, September and December). The Department used to offer a June test, but attendance was low. The Department can offer exams for specific companies, under special circumstances, if that would be a more efficient way to administer them.
Update on Recent Complaints
Terry reported that Gil Lamarre's lawyer was sent a consent decree from the Attorney General's office. The decree requested reimbursement of customers and a fine paid to the state. Lamarre's attorney indicated that Mr. Lamarre would need more time to pay the fine to the state. Terry noted that this was acceptable to the Department and the Attorney General's office. Lamarre has been working with other arborists. Terry reported that the case continues to wind its way through the process. Ann reported that she talked to Dan Appelquist from White Mountain Cable about their work in Maine. He indicated that they do not have licensed arborists on crews and that they didn't have any work in Maine scheduled for the future. Ann explained that they needed to have licensed arborists when doing any tree work in the future. It was suggested that cable companies be contacted to remind them that they need licensed arborists on crews when doing tree work. Ted mentioned that an arborist posing as a subcontractor for Whitney Tree was doing work contracted by Whitney in Portland. The individual did not finish the job but asked to be paid. The customer paid the bogus "arborist", who went to the bank and immediately cashed the check. This is fraud and Ted will get the name and address of the individual to send a follow up letter. Ann mentioned that the state is investigating a complaint against Dubois Livestock where a tree cut by an unlicensed arborist fell and killed a person. There are several issues that are not clear about the case - Was it lot clearing? Was it a "shade" or "ornamental" tree? Did the individual need a license to do the work? Ann will go to the site and take some pictures to clarify the situation.
Update on Study Guide
The Tree Climbers Guide will be purchased from ISA for $28 each. We will purchase 53 to start. Ann also contacted ANSI to determine whether we can use the summaries of their standards in the Study Guide but got no response. Ann will check with ANSI again to see if that is allowed. The new study guide will be put together to distribute for exams starting in 2006. The Department will distribute information about the change in the study guide and exam process by the end of the year.
Update on Review of Exam Questions
We are still waiting for questions to be written. Lois will have the editor at UMCE review the questions. The questions will be completed in time for the exams starting in 2006.
Discussion of Short-Term Goal
A list of the short-term goals, including a summary of discussions on the goals, was presented by Ann to the group. Ted suggested that changes be made to the apprentice license category only if sweeping changes were proposed for all the license categories. Terry noted that in order to implement the changes proposed for arborist testing, a rule change would be required to update the testing fees. He indicated a change in the apprentice permit could be proposed at the same time.
Definition of Supervision by a Licensed Arborist
tish mentioned that Council members were to go back to their representative groups to determine how they define on-site supervision. Ann heard from the residential division of Lucas Tree, where they always have a licensed arborist on site. Art Batson indicated this would primarily be landscape work. He noted utility crews would not be quite the same as they are more spread out. Most crews have a licensed arborist but may have a ground crew that will do some cutting. Maine Public Service has two supervisors who are licensed and stay with their crew all day. tish asked if the Department wanted a recommendation on this definition. Terry indicated it would be helpful to have this clarified. He noted there are issues with the current practice, and indicated if the definition is greatly different from what is occurring in the industry, they should be brought closer together. Terry said that we don't get many complaints now, but we should be clear how we define supervision if someone is not on site. Art mentioned during line clearance there is someone nearby, but not necessarily on site at all times. For utility crews the goal is to have someone licensed on each truck (crew), but this isn't happening yet. Art indicated for people working with line clearance, the EHAP and other safety standards are more important than the Maine arborist exam. tish mentioned that municipalities often find problems when a licensed arborist is not on site. Lois asked what is defined as a site? The group suggested the site was defined as the area covered by the contract. Jeff Austin asked what is meant in the definition as "presence on site"? Wes suggested we should be proactive, but a change in the definition might muddy the water. Bob Levesque asked if the goal of the requirement was to protect the public? Terry indicated if the Council takes no position on this issue, the Department may simply leave the matter alone. If no challenge to the current interpretation occurs, the matter is moot. If a challenge does occur, the matter may need to be reviewed again by the Attorney General's office.
The Council decided to make no recommendation concerning the definition of on-site supervision. No formal vote was taken.
Public Education/Information on Arboriculture
The Maine Arborist Association (MAA) has a public service announcement that airs on public radio. Ted would like to do a radio blitz in the area concerning things to look for when having tree work done. tish suggested that maybe something could be done in partnership with the Maine Landscape and Nursery Association (MeLNA) to collaborate on similar issues or maybe get some support from the Ornamental Horticulture Council (OHC). The group discussed the most effective way to get this information out. Suggestions included realtors, cable TV companies, contractors' associations (include an article about tragedies that occur when people aren't licensed), print media, radio, and the Maine Arborist Association. Jeff Austin suggested that Public Education and Government (PEG) television channels be contacted; there is a Community Television Association of Maine, and Jeff offered to send the contact information to Terry. tish indicated she will try to get the PSA sent to Adelphia. With respect to print material, ISA brochures could be distributed, but there should be one related to Maine. Lois mentioned that we should determine who the target audience is, what do we want them to do, and decide how we measure the impact of what is being done. There is a new public relations person at Extension and Lois offered to talk to this person about this issue. Wes asked what is the baseline? tish wondered if the difficulty in measuring results means the industry should sit back and do nothing until all these questions are answered. The group felt this was not an option and agreed something should be done. Art mentioned that lots of people use the yellow pages, but neither MAA nor the Department is listed for a source of licensed arborists. Ted indicated he will look into this for the next meeting. People are receptive during times of crisis (ice storms etc.) so timing is important. Ted felt that people think of doing tree work in April and September but don't think of it through the winter months. Debbie gave a summary of various websites from other states that did a good job promoting arboriculture. Lois offered to do a press release for this month on hiring an arborist.
Agenda topics for the next meeting
Next meeting is October 17 th ; agenda items include a continuing discussion on public education including Arbor week activities, and regular topics.
Since no further business was pending, the meeting was adjourned at 2:00 p.m.
Respectfully submitted,
Ann Gibbs and
Terry Bourgoin
