Arborist Advisory Committee
November 14, 2005
Members present
Art Batson, Wes Davis, Ted Armstrong, tish carr
Members absent
Dave Newell, Lois Stack, Bob Levesque
Staff present
Terry Bourgoin, Debbie Davis
Guests
Mike DeBonis
Chair tish carr called the meeting to order at 11:10 a.m.
Review/Approve minutes
Ted Armstrong moved and Wes Davis seconded that the minutes of the October 17, 2005 meeting be approved as submitted. Motion carried unanimously.
Discussion on Public Education and Information Campaign
was moved up in the agenda to accommodate Mike DeBonis, Community Forestry Coordinator with the Maine Forest Service. tish informed Mike of the background and history of the Council. She indicated the Council is advisory to the Department. tish explained the Council has been discussing how it can help educate homeowners concerning the need to use licensed arborists. She reviewed the discussion of this topic at the Council’s last meeting, which resulted from questions Lois Stack raised via e-mail. tish indicated the Council cannot do much by itself, but it can get things accomplished through its member agencies. The Council wanted to bring the Maine Forest Service together with Cooperative Extension, the Department of Agriculture, and Council members to discuss developing a public education and information campaign on the value of using licensed arborists in Maine. Funding is also a question, and the Council wanted to consider whether money could be available from Project Canopy to inform and educate the public regarding the use of licensed arborists. tish asked what has worked for the Maine Forest Service, whether Project Canopy can assist in a public information/education campaign, and whether Mike could contribute resources, financial or otherwise, to such a campaign.
Mike asked if there is a known problem regarding unlicensed arborists. Terry Bourgoin indicated there is, as the Department receives complaints about unlicensed individuals from the public. Art Batson gave as an example the financial and property damage that can occur when unlicensed people do tree work. The Arborist Licensing Program is a way to protect the public, including the requirement for adequate insurance. tish noted the Department responds to complaints, but an effort is needed to educate the public on the value of using licensed arborists.
Mike gave an overview of Project Canopy. Part of the focus is to educate the public to the benefits of trees and forests, through newsletters, media, workshops, and a cost-share program. The program provides technical assistance to towns and non-profit organizations to get the most from their community forests. Project Canopy receives approximately $200,000 per year, and provides $50 - $100,000 per year in grants. There are two cost-share programs – the first deals with tree planting/maintenance, with a $3,000 maximum grant, which requires a 50/50 match (time, cash, services). The second program deals with planning and education, with a maximum grant of $8,000. The purpose of this program is for communities to develop a tree inventory, management plan, and to conduct education. Project Canopy also provides scholarships and works with the Pine Tree Arboretum (this is not a competitive grant, it helps fund the program).
Project Canopy can provide financial assistance outside of these two programs, if the grant is in keeping with the project’s goals. Mike felt a media event to educate the public about the need to use licensed arborists would be an appropriate use of Project Canopy funds. tish indicated the Council and Department want to get ahead of the curve and be proactive. Wes Davis suggested that the Council would like to combine its efforts with activities that already occur, such as Arbor Day activities, etc. Mike indicated he did a radio blitz on the benefit of trees, management plans, etc., and followed that up with a second blitz focused on Project Canopy. He noted he saw a spike in interest in the program. Mike indicated it is difficult to evaluate the cost-benefit of such a program. He indicated the total cost can be staggering, however the more money that can be put into education, the better. Mike suggested that if money is lacking, the Council could develop a brochure. Then, it has to figure out how best to distribute it to get the word out.
Mike noted that e-mail list serves are effective in getting the word out. List-serves are for targeted audiences, however. For homeowners, getting the word out is more difficult. Another idea is to prepare packets for new homeowners. In them, handouts on the value of hiring licensed arborists can be included. Mike noted that “canned” news releases on pruning tips, storm damage, etc. can be prepared and distributed when the need arises. tish asked Mike if a brief article can be printed in the Project Canopy newsletter regarding the need to use licensed arborists. Wes felt this would be helpful, as he has had to remind the city of Hallowell of the need to use license arborists, not just low-bid individuals.
tish wondered if an article on the value of using licensed arborists can be included with CMP bills. Wes noted that might be possible, however the CMP inserts are usually limited in available space. He noted that the inserts included with the bills reach 525,000 homes and businesses. Terry wondered if inserts could be distributed by all three utilities. tish noted that other utilities, like propane and water, also send out inserts with their bills. Terry mentioned that phone companies send out inserts with their invoices; tish noted the cable companies do too. Art suggested the Council use as many ways as possible to get the word out. Terry noted the message would have to be short and sweet in order to get the companies’ cooperation.
Art asked if it is possible to measure response. Mike said it is at times. He indicated he sent out return cards to determine if recipients wanted to continue to get the Project Canopy newsletter and had good response. Most wanted paper copies of the newsletter, not e-mail. Surveys can also be conducted. Art indicated the message should also be sent to professionals, such as tree wardens and Town Managers. He noted they might be the ones to promote the proper maintenance of trees, and the use of licensed arborists.
Mike asked if the Department has information on hiring arborists on its website. He noted he gets calls inquiring about individuals who can evaluate trees. Mike suggests the callers contact licensed arborists. Art indicated the need to get a listing for the Department in the yellow pages as a source of licensed arborists. Ted Armstrong agreed to contact the Yellow Pages to see if they will publish a “public service ad” specifying the Department as a contact for a list of licensed arborists.
tish asked Mike if money from Project Canopy can be provided to the Department or a member organization of the Council. Mike noted it would be better if the funds go to group like the Maine Arborist Association. He indicated the US Forest Service has a specific focus for the Project Canopy funds. Funding requests need to show a clear link to on-the-ground results, projects. tish asked if funds could go to the Cooperative Extension Service (CES). Mike indicated the program has given money to CES before, for a community project by the Bangor office near the airport. tish asked Ted if he could check with the MAA Board to submit a proposal for a Project Canopy grant. Ted said he could, and indicated the Association is already working with Jan Ames Santerre on 2-3 seminars. Ted suggested that brochures could be posted in Town Offices as a passive way to reach people. Residents won’t pick up a brochure unless they are interested in the information. He indicated that posters with tear off slips could also be distributed. Mike suggested brochures and posters could also be given to garden centers.
Art indicated the work that can be accomplished comes down to money. Mike noted that he sometimes has problems getting information out about his grants. In northern Maine he purchases ads in community newspapers. He noted that people read them. He also uses weekly papers, and sometimes daily papers. Mike indicated that the Department of Conservation has a Public Relations person who faxes and e-mails news releases to a list of papers statewide. The Department will occasionally send news releases to Maine Public Radio. Mike offered to send out news releases for the Council. Newsletters from other organizations, such as the Maine Association of Conservation Districts (with the trees and shrubs they sell) and Tree Boards would also be effective. Mike indicated he was willing to continue to work with the Council and would be happy to include articles in his newsletters.
tish thanked Mike for coming to the meeting and indicated the Council hopes to be able to work with him on a PR program in the future.
Program Update
Debbie noted she is getting 8-9 calls a day on the need to submit insurance certificates. She indicated the insurance certificates are coming in separately. People are asking about insurance minimums, and most say they have much more. Arborists are saying insurance companies won’t issue policies for the low amounts required in rule. Art indicated he checked with his insurance company regarding notification of the Department if an arborist cancels coverage. The insurance company indicated if the Department receives a copy of certificate, it will be notified if the policy is cancelled. tish indicated if the arborist sends the certificate to the Department, the insurance company will not know the Department received a copy and will not know it should notify the Department if the policy is cancelled.
Debbie reported that 550 renewals were sent out. She has not sent renewals to Asplundh yet, as she is waiting to get an updated list of employees from Tom Kostenbader. Council members asked if the exam for December is full yet; Debbie said it was.
Update on Recent Complaints
Terry noted that the Department sent a letter to the individual who posed as a subcontractor on a job Whitney Tree had lined up. He indicated the person has not responded to the Department as yet.
Terry indicated he contacted Mark Randlett, with the Attorney General’s Office, to get answers to the questions posed by the Council concerning the proposed court consent agreement with Gilman Lamarre. Terry noted that the Council asked whether there is a mandatory time period (one year, two years, etc.) during which the consent order is in effect. Mark indicated that the consent order prohibits Mr. Lamarre from accepting deposits if he obtains a license from the Department, so the order will have to remain in force for a period of time sufficient to ensure that requirement is met. Council members also asked whether the court action would be considered a criminal or civil violation and be tracked by the Bureau of Identification. Mark indicated the violation would not be a criminal violation. Since the matter is being settled through a consent order, it would also not be considered a civil violation. Since the Bureau of Identification only tracks criminal convictions, the agreement will not be tracked by that agency.
Review of Proposed Change in Arborist Rules
Terry distributed a copy of the proposed change in the arborist rules and indicated he will be posting the proposed rule change in several newspapers in the near future. He indicated he waited until the Council meeting before advertising the rule change because of provisions in the administrative procedures process that prohibit the Department from seeking input on the proposed changes once they have been advertised. Terry indicated he discussed this with Mark Randlett, who said the reason for this is that the Department would be providing one group (the Council) with input on the rules which other groups would not be provided. Mark recommended the Council review the proposed rule change before it is advertised, as one of the Council’s functions is to advise the Department on changes in rules and statutes, to avoid this potential conflict.
Terry reviewed the proposed rule change and outlined the process for adoption (i.e. – send the proposed rule change and other paperwork to the Secretary of State’s office on November 15; rule change and hearing notice published in statewide newspapers on November 23; hearing held on December 15; written comments accepted until December 27; Basis Statement prepared and response to comments addressed in writing; final rule approved by Commissioner and submitted to the Attorney General’s office for review and signature; final rule submitted to Secretary of State’s office for adoption). Terry indicated the rule change should be adopted in January, before the next arborist exam (which will be held in early February). tish asked if it would be helpful for Council members to attend the hearing. Terry indicated it will be, even if just to say the individual supports the rule changes as proposed by the Department. Terry asked Council members to spread the word about the hearing also. He indicated the Department will advertise the proposed rule in several newspapers and will notify the MAA, other arborist groups, etc.
Council members asked what the International Society of Arboriculture (ISA) charges its members and the public for its “Tree Climbers’ Guide”, indicating since the Department obtained the publication at a good discount, we shouldn’t charge less for our Study Guide ($40 price specified in the proposed rule), which includes the Tree Climbers’ Guide, than ISA charges for the Tree Climbers’ Guide. Terry indicated Department staff would contact ISA and determine its price. He agreed with the Council’s position and indicated a comment to this effect may be needed if it is found that the fee for our Study Guide is less than what ISA charges for the Tree Climbers’ Guide.
Design of Landscape and Utility Exams
Terry distributed and reviewed a handout prepared by Ann Gibbs on the make-up of landscape and utility exams. Council members suggested that questions on rigging should also be included on the utility exam. Terry indicated the Department is hoping to use the new exam beginning in February.
Public Information Campaign Discussion Continued
Terry said he felt some follow-up to the discussion earlier in the meeting was needed and suggested a committee be established to develop a plan. Council members agreed, and a committee comprised of tish, Lois, Mike DeBonis, Jennifer O’Leary, and Ann was established. The committee should go through past minutes; develop a calendar of possible activities and identify what those activities could be, etc. The committee should develop ideas and propose a budget. Then funds could be solicited to carry out a public information campaign. Ted indicated he had no success contacting the Public/Education/ Government TV contact. He noted it may be better if the Department contacted them. The Maine Arborist Association would be willing to provide the public service announcement tapes.
Review of Short Term Goals
Council members reviewed the list of short term goals and noted that it is making progress on the public information /education campaign. The next issue to consider is categories of licenses and tests. Another issue is continuing education credits. If the Council can initiate some discussion on either of these issues, the issue could then be discussed at the MAA annual meeting.
The Council agreed to take up licensing categories at the January meeting. Issues raised by a committee which served as a precursor to the Advisory Council included the need for two licenses, and therefore two tests; Regular vs. Restricted licenses; the need for the Apprentice permit, etc. Ted indicated he favored one license as long as the requirements for that license were at the highest level. Art indicated the Utility license brought line clearing workers into the licensing program/ process. Prior to that, arborist licensing was mostly geared to residential arborists. Art felt it would be difficult for line clearance workers to come to the landscape license level. He said one option would be to have utility crews work under a licensed person. Another option would be to change the whole program – require company owners to have a Master license and have certificates under it (not licenses). Another possibility would be to change the utility license to a line clearance license, certificate, or permit. Council members asked if such individuals would still be required to pass a test. Wes asked if the Council is trying to fix something that isn’t broken. Is a person with a Utility license doing landscape work as bad as unlicensed people doing landscape work? tish suggested it may not be; that is why the Council needs to discuss the issue. If no change in the program is needed, the Council can make a recommendation to the Department to that effect. Then the focus can be on public information – the need for using licensed individuals who have adequate insurance and who are qualified to do the work. Art indicated the issue may be of concern more to industry rather than the public. He suggested another alternative is to better define what a landscape arborist and a utility arborist can do. Eliminate the section in rule that says a utility or landscape arborist “primarily” works in the area he or she is licensed. Allow them to work in one area or the other, but not both. Terry noted this would be very difficult to enforce, except on a complaint basis, but may eliminate some of the “gray” area in the current program.
Agenda Topics and Date for the Next Meeting
the group agreed to hold the next meeting in the Bangor area in January if Lois Stack and Jennifer O’Leary are available. Topics for the agenda should include:
PR/Education Campaign Committee Update and Discussion
License Categories
Exam Update
The Council agreed to delay discussion on CEU’s and how to implement them to a later meeting.
Terry agreed to put a list of questions and issues together based on deliberation by the previous Arborist Committee (such as regular vs. restricted license: one license or two; Master license requirement for company head and restricted license or permit for employees, etc.), along with other issues that have surfaced after that committee disbanded (such as whether it is necessary for a Master Arborist to have a Pesticide license; whether an Apprentice permit should be required before a person can apply for a first-class license, etc.).
Since no further business was pending, Art Batson moved and Ted Armstrong seconded that the meeting be adjourned. Motion carried unanimously. The meeting was adjourned at 2:10 p.m.
Respectfully Submitted,
Terry Bourgoin
