Free State 2019 Spring

Free State

Spring 2019 Vol. XLVI No. 1

NURSERY, LANDSCAPE AND GREENHOUSE NEWS

Trees and Shrubs for Pollinators Your H2A and H2B Audit is Coming Using IPM Methods for Dealing with Major Insect Pests of Dahlias

Event Wrap-ups: • • • •

MNLGA Annual Meeting MANTS Members at MANTS Chesapeake Green

P.O. Box 726 Brooklandville, MD 21022

N URSERY, L ANDSCAPE AND G REENHOUSE A S S O C I AT I O N , I N C .

MARYLAND

Presorted Standard U.S. Postage PAID Baltimore, MD Permit No. 269

Fortress Herbicide

President’s Message Maryland Nursery, Landscape and Greenhouse Association Officers 2019 President Jessica Todd Clear Ridge Nursery, Inc. 888-226-9226 1st Vice President Larry Hemming Eastern Shore Nurseries 410-822-1320 2nd Vice President John Murphy Murphy John’s, Inc. 410-928-3029

Secretary Patrick Waldt Griffin Greenhouse Supplies 443-417-3983 Treasurer Carrie Engel Valley View Farms 410-527-0700 Director-at-Large Steve Black Raemelton Farm 240-416-0714 Executive Director Vanessa Akehurst Finney Quercus Management MNLGA Contact Info: P.O. Box 726 Brooklandville, Maryland 21022 Phone: 410-823-8684 Fax: 410-296-8288 E-mail: office@mnlga.org Free State E-mail: freestate@mnlga.org Website: mnlga.org

MARYLAND N URSERY, L ANDSCAPE AND G REENHOUSE A S S O C I A T I O N , I N C.

By the time this letter is published the 20th Anniversary Celebration of LEAD MD will have concluded. As I am writing this letter it is still yet to occur. I am unable to attend the celebration being held on April 13 due to work and motherly spring duties (i.e. baseball games and birthday parties). I wanted to take a moment to reflect on one of my experiences from my time in LEAD MD. At the time of our trip to India being Jessica Todd announced I will admit I was not thrilled. India was not on my bucket list of places I wanted to travel. And although there were many ups and downs on our trip, I can look back now and say I was very glad that I participated in the trip.

At the conclusion of our trip we each picked a part of the adventure we wanted to write about for the Delmarva Farmer. If you don’t read this publication, you should. It has great content and covers many different aspects of the agricultural industry. I chose to write about our day when we attended the Lohri Festival. I hope my words describe what I was lucky enough to experience.

“The sun is setting in the distance amidst paper kites soaring above the rooftops, as firewood and cow pies being stacked high are waiting to be lit. Preparations for the Lohri Festival can be seen on every street corner on our way to the Gill Farm.

We have many festivals here in the US, many are tied to a community event, but what do they really mean? Picking out of pumpkins, riding a hayride, and walking the busy streets filled with food vendors and shopping opportunities while barefooted kids run between bounce houses. The Lohri Festival represented a deeper sense of family tradition than any other festival I have ever participated in the US. It was like attending a wedding or christening, very personal.

We were greeted at the end of the twinkle lite lane by Mr. Gill and escorted down a red carpet to the beating of drums. Many of the party goers were adorned in jewel toned saris and colorful turbans. We had been on farm tours all day so compared to their attire we were looking a bit ragged. Taken by the hands of family members and welcomed with open arms they invited us to join them in tossing sesame seeds on the fire as it crackled and grew. Dancing, clapping and joyous songs as we circled the fire brought smiles to all present.

The tossing of sesame seed represents the bringing of good fortune and prosperity to the family. The Lohri Festival is not only a time to celebrate marriages or first-born sons, but it is also a cultural celebration of the winter solstice, the beginning of a new harvest. The Punjab region is very rich in agricultural land and culture, January is prime season for sugar cane harvesting and is a key ingredient in the sweets that are given as gifts during the Lohri celebrations. We had the good fortune to be able to stop and view the process before our arrival to the Gill Farm.

The men creating the sugary syrup took great pride in their product and seemed to love our interest in the process. A couple of our classmates were brave enough to eat straight off the cane.

Pride was a common thread throughout much of what we saw and felt throughout our day and trip. Not only in the hard work of the land, products, and traditions, but also in both the women and men. A few of us had the pleasure of meeting a (continued on page 10)

2 • Spring 2019

Contents

49

Features

Departments

7 This Business of Ours

Containers, Bark, Mulch, Duck Tape and More

– Mike Hemming

2 From the President 2 Association Officers 4 Executive Director Report

13 Total Plant Management

Using IPM Methods for Dealing with Major Insect Pests of Dahlias

– Stanton Gill 18 Growing with Education Trees and Shrubs for Pollinators

– Ginny Rosenkranz 25 Special Report

MNLGA and UME Drone Meeting

– Chelsea Bailey 26 Chesapeake Green Wrap-up

4 MNLGA Board of Directors 6 Directory of Advertisers 28 Garden Comm 44 Industry Calendar

7

46 Affinity Programs 48 New Members 59 CPH 62 MNLGA Chairs and Committees 63 MNLGA Mission Statement

31 MNLGA Annual Meeting 32 MANTS in Pictures 36 MNLGA Members at MANTS

13

38 AmericanHort

At Last, H-2b Cap Relief Coming

– Craig Regelbrugge & Laurie Flanagan

Congress Must Clarify Trucking Regulations for Agricultural Products Agency Acknowledges Trucking Changes Coming For Agricultural Commodities

– Tal Coley

41 Featured Member

Manor View 49 It’s Time for Sharing

Your H2A and H2B Audit is Coming

– Jerry Faulring

36

24

Executive Director: Vanessa A. Finney Quercus Management Staff: E. Kelly Finney, Michelle Mount, and Chelsea Bailey Phone: 410-823-8684 | Fax: 410-296-8288 E-mail: office@mnlga.org | Web: mnlga.org Free State e-mail: freestate@mnlga.org Design: Gregory J. Cannizzaro Graphic Design (contact information page 63) Cover photo: Gregory J. Cannizzaro © 2019 Maryland Nursery, Landscape, and Greenhouse Association, Inc.

18 Free State • 3

Director’s Message

MARYLAND N URSERY, L ANDSCAPE AND G REENHOUSE A S S O C I A T I O N , I N C.

Maryland Nursery, Landscape and Greenhouse Association Board of Directors Terms Expiring 2020 Richard Buller Patuxent Nursery/ Complete Landscaping Service 240-691-3438 Brent Cassell Leyland Landscaping, Inc. 410-526-4449 Ronda Roemmelt Ruppert Nurseries 301-482-2009 Tiffany Shorten Waverly Farm 301-874-8300 Terms Expiring 2021 Alex Betz Kurt Bluemel, Inc. 410-557-7229 Cindy King Kingstown Home and Farm Garden Center 410-778-1551 Brian Mitchell Manor View Farm 410-771-4700 Tyler Van Wingerden Catoctin Mountain Growers 410-775-7833

The Free State News is published for the membership of the Maryland Nursery, Landscape and Greenhouse Association (MNLGA.org).

For more information, e-mail: freestate@mnlga.org

I hear in my head Paul Newman’s Cool Hand Luke mockery, “What we’ve got here is a failure to communicate,” more often these days as I sense we as a society are losing our ability to effectively communicate, and as importantly, to accept responsibility for our failures in communication. Blame it on social media, pressures on our time, inability to focus, perceived need to multi-task, inundation of information, or simply the slippery slope of accepting a lower Vanessa Finney standard, I think the issue we’ve got is now culturally-rooted and I’m determined to fight it.

I am inspired to write this column after continued frustration I experience in my normal day - be it work-related or of a personal nature. Let’s start with an easy example - simply connecting to an individual. Back in the day, which really wasn’t so long ago, one actually wrote a letter or picked up the phone and called someone to have a conversation.

Now we e-mail or text, often in abbreviated or animated cryptic form, our thoughts and needs. We, as a society in general, often don’t see the need to use proper grammar, capitalize proper nouns, or even type out the full spelling of a word. Are we too busy and our time too valuable to be spent on proper language that we can’t and don’t take the time to communicate in full - by which I mean correct spelling, grammar, and use of the Oxford comma?

I can’t tell you how many times I receive an e-mail or text that I need to read multiple times because I simply do not understand it’s intended message. I often share these messages with Kelly to help me discern their meaning, but short of direct interaction with the sender, I may not truly understand his/her need. Just because one sends a message does not mean it has been understood, if it even was physically received.

If one is trying to communicate, I think it is imperative to take the time and effort to compose coherent and articulate thoughts and questions. Inappropriate, incomplete, and unprofessional messaging, be it an e-mail or a text, is not an acceptable norm.

When I receive messages of this sort, my reaction is that the person trying to communicate with me truly doesn’t have the time or interest in making a good impression, hence I wonder the quality, and quite frankly, degree of response they expect from me.

I’m also concerned with the snarkiness and misplaced annoyance I receive from people when they are on the perceived end of a failure to communicate.

Communication is a two-way street. At risk of sounding like my father (which is not at all at negative, by the way), what ever happened with making effort to get an answer or explanation before jumping to conclusions? We’ve a lesson we regularly offer to our office staff and children, which is that is it completely OK, even if a foreign concept, to pick up the phone, call someone, and have a real conversation to sort out a question or issue. It’s amazing how real dialog with someone can prevent miscommunication and misunderstandings, instead creating action and resolutions.

Our digital world has made it so easy to take short-cuts - not only in spelling, grammar, and articulation of thought, but it often allows our fuses to be shorter, our patience fleeting, and expectations a bit unwarranted at times. I ask that we do our best to uphold the power of words and our ability to use them as forces of expression and communication. There really are no short-cuts in life. Don’t shortchange your communications; value your expressions, and I believe your purpose, effectiveness, and relationships will thrive.

Vanessa A. Finney The single biggest problem in communication is the illusion that it has taken place. ~George Bernard Shaw

4 • Spring 2019

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Directory of Advertisers Firm Name

Page

Firm Name

Page

Affinity Program – MNLGA

46

Gregory J. Cannizzaro Design

63

American Landscape Institute

60

Kollar Nursery

10

AmericanHort Impact Washington

48

Manor View Farm

47

Angelica Nurseries, Inc.

Outside Back Cover

Babikow Greenhouses

Inside Front Cover

MANTS

58, 64

MD Ag Ed Foundation

59

Cam Too Camelia

29

MNLGA Field Day

30

Cavano’s Perennials

12

MNLGA/MAEF Golf Tournamnet

55

Chesapeake Green Symposium

55

MNLGA Online

55

CPH 56

Office Depot

24

Fairview Evergreen Nursery

OHP

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5 Inside Back Cover

1

The Perennial Farm

17

Walnut Springs

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G R E G O R Y J.

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MARYLAND AGRICULTURAL EDUCATION FOUNDATION

6 • Spring 2019

This Business of Ours

Containers, Bark, Mulch, Duck Tape and More Mike Hemming

E

ver since I realized that container growing was the wave of the future, I became interested in container media. I quickly realized it would become a question of supply. The supply controls cost and quality.

Since then I have used and seen all manner of bark and composted organic matter used. On my father’s bookshelf in the nursery office was a book titled The UC System 1957 by the University of California about container growing.

It was heavy on sanitation, sterilizing media and containers and preventing contaminating the media after. We have never sterilized containers and have not bought new containers for over 25 years. People give them back to us from us and other retailers and we just reuse them. I noted that the authors were more interested in flower crops not woody plants and assumed that woodies wouldn’t need quite such care as far as diseases might go. Of course, weeds are a different story from my experience, with material not composted well enough to kill the weed seeds.

Media became my big concern; in reading the book, the favorite (continued on next page

Nellie Stevens Cutting in No 1 container in composted yard material Free State • 7

Roots and wood chunks after 1 year

made by a company named Zarn. They were a heavy plastic and some lasted into the middle 90’s.

The idea of growing larger material came when in desperation Nellie Stevens in no 3 container after 9 months in I “potted” some composted yard waste 5 to 6-foot bare root trees in bushel (continued from last page) baskets because there was no field was Douglas Fir bark. Not having prepared to plant them. When they that on the East coast I ran my were saleable in September the first experiments using bark bell rang for both Dad and me. He from a nearby saw mill. From my said, “I thought I was innovative, experiments using different rates but my son grows trees on a rug of bark and sand didn’t matter with handles on them.” much as long as the fertilizer was At first, we used the oldest bark adequate. Though too much sand from the saw mill, and it worked and water retention suffered and well with sand and fertilizer with not enough, the plants blew added. However, at the same over too often. time hardwood bark mulch was In my first years we didn’t grow coming into popularity and that much in containers as we were still demand ate up the local supply in field growing. The only exception a few years. From there pine bark was the rooted cuttings which fines started being used but was spent a year in 3-inch clay pots more expensive from having to be before being lined out in the field. trucked in.

In an effort to hurry up the process, The standard wisdom of the time I did buy some 1-gallon containers 8 • Spring 2019

said peat moss should be added, another expense, which got more expensive every year. For two years we got around that when a customer told me that he had bought a wood lot and noticed that considerable peat moss that could be dug out of it. So, for $25 a pickup load we went and got it, digging it out by hand. It was fine for use except for the cat briars that grew along with the plants.

We went back to regular peat moss for a time using as little as possible depending on the quality of the pine bark.

About this time Phyto Ecology opened its place outside of Ridgely, MD. In their beginning they used old saw dust from local mills; as far as I know it worked well for them. But that supply only lasted a few years; then they switched to pine fines like everyone else.

Our next material was residue from Gladfelter Paper mixed with some bark and composted, as they had a problem of getting rid of the stuff. We added more bark and

used it successfully for a number of years until the man that sold it to us went out of business. So that supply dried up; I have no idea why.

Back to pine fines and peat again. Peat got more expensive and the quality varied as time went on. Even worse was the decreasing quality of pine bark. Two years ago, we got a load that was almost more raw wood than bark and the bark could not be described as “fine”. Chunks are a better term.

We used it with extra peat and, yes, it grew plants well enough.

This winter I stepped up many of the 1 gallons into 3’s. Some of the wood in it still looks like raw wood.

I would say the plants were around 10 to 15% smaller than they would have been in a smaller particle and composted better mix.

Last year we potted our rooted cuttings into a mix made up of composted yard waste then reground and meant to be sold as inexpensive mulch. Actually, some of the oldest material was a bit too heavy for azaleas and needed no peat. Other material grew well in it.

During the summer we stepped up a number of Crape Myrtles, shade and flowering trees, as well as arborvitaes and shrubs, into the material straight - no peat at all, and then just top dressed with the recommended amount of slow release fertilizer. All plants are doing well, and we started selling them in September.

Why no peat you ask? Well at the June nursery field day, I watched the mixing operation at Marshalls’ Riverbank Nursery and did not see a cup of peat going into the mix anywhere. Hollies were being potted and from what

I saw their results are great. Their bark I understand is trucked in from North Carolina. I can’t see us being able to afford that.

And after all these years of using this organic material composted or that one, what does it take to realize that plants will grow in it with fertilizer and proper watering.

Yes, if the economy Over coarse pine bark with wood chips and supply lets you use the “best” then use it. But in tight economic times, and they are still tight don’t let anyone tell you different, you can forgo that last bit of growth. As long the plant has nice color, is well trimmed and has the proper root system for its size, it’s good.

This is all about survival for us small Worn out scoop to medium size and mostly local growers. it to hit the side of stuck together Finally, as I amble toward a still pots to separate them. For some unknown retirement date, I do years I knew this would happen have certain things happen that and had looked for a new one. make me want to retire right now.

But had never found one of the The other day I went into the lightness and size I liked. So far, office and told both Flo and Larry I have postponed my impending that unless I found a new potting forced retirement with Duck tape. scoop, Friday would be my last But this “temporary repair” is day. It would be over and done. not very satisfactory and unless Maybe 20 years ago I bought an rectified soon, I’m outta here! ❦ aluminum scoop; well it’s got a Mike Hemming hole worn in the bottom near the Eastern Shore Nurseries handle. That day I had split it using Free State • 9

(continued from page 2)

very friendly businessman who showed us the different ways to wear saris and kurtas. It was wonderful to see the different examples of what the different draping meant. His wife also showed us a few traditional dance moves. After a long day, our moves were pretty entertaining, but we had fun.

All of the dancing definitely worked up our appetites and the hosts didn’t disappoint with the food. We were served delicious homemade vegetarian fare and warm masala tea, a favorite among many of us.

Unfortunately, our night had to end earlier then our guests would have liked because we had an hour drive ahead of us and a very early morning to catch the train. It was a lovely evening meeting new people and making new friends.”¹ I can still see this day vividly in my mind. My experience as a LEAD MD fellow was one filled with

great memories with the other fellows as well as our instructors. I learned so much about our state’s agricultural industry and the diversity that it holds, as well as myself and where I fit in it. Everyone’s experience in LEAD MD is different and looking back at it now after being an alumna now for 2 years I view my experiences differently than when I was in them.

I have grown as a person and as a leader because of that experience. I encourage you to check out the LEAD MD Foundation. It could be an opportunity for you to expand your horizons in this strong Maryland agricultural community we are so fortunate to have. ❦ Reference: ¹ American Farm Publications, Delmarva Farmer: February 14, 2017

Jessica Todd Clear Ridge Nursery, Inc. 410-775-7700

Kollar Nursery Native wildflowers, ferns, perennials, shrubs and trees for restoration, wildlife, landscaping, education, aesthetics or that special project. Contract growing. Since 1985.

5200 West Heaps Road, Pylesville, MD 21132 (410) 836-0500

www.kollarnursery.com

10 • Spring 2019

Free State • 11

Over 1,500 choices delivered to you. perennials, natives, ferns, grasses, vines, herbs, ground covers, pansies, dahlias, cannas, green roof and environmental planning material.

www.cavanos.com • 410-592-8077

Total Plant Management

Stanton Gill

I

Using IPM Methods for Dealing with Major Insect Pests of Dahlias

n the spring of 2018, Nick Weber of the Maryland Dahlia Society asked us to develop an IPM approach for dealing with insect and mite pests of dahlia plantings. Over the years we have developed many biological control programs for greenhouse crops with good success rates. We decided that a combination of systemic chemical and biological control releases could work well. Working closely with Nancy Rechcigl of Syngenta, Bell Nursery of Burtonsville, Jan Meneley of AgBio of Westminster, CO, and Koppert Company, we analyzed several products before settling on use of Mainspring drenches applied twice during the year combined with predacious mite releases, use of banker plants, use of predacious insects, and pheromone and food baited sticky traps.

The first step was obtaining seed from Ball International of an ornamental pepper called “Purple Flash.”

We used Purple Flash since it had a characteristic of continual blooming during the growing season. These pepper plants would be utilized as a banker plant to produce pollen and nectar to feed a predacious bug called Orius, used to control thrips. The seed were turned over to Bell nursery in March to start growing the pepper plants. Pepper plants are slow to get going and

we needed them in bloom by mid-summer, so 3 months needed to be allotted to have them in bloom for our Maryland growing season.

The dahlia tubers were planted at two sites. One in Brookeville, Heritage Rosarium owned by Nick Weber and the other in Damascus, MD, owned by John Spangenburg. At both sites the tubers were planted in late May of 2018. We have treated blocks and conventional treated blocks of plants. On the treated blocks we made a soil drench of Mainspring at a rate of 8 oz. /100 gallons of water. Each plant drenched at the base with 8 oz. (237 mL or .24 L) of prepared liquid solution.

Mainspring™ GNL is a suspension concentrate (SC) formulation containing 1.67 pounds of cyantraniliprole (continued on next page

Free State • 13

(continued from last page)

per gallon. Cyantraniliprole belongs to the anthranilic diamide chemical class, introducing a new class of chemistry in IRAC Group 28 to ornamental insect control. Mainspring quickly stops insect feeding after ingestion. It is compatible with many beneficial insects and mites.

This Mainspring application provided protection from aphids and thrips feeding on foliage and dahlia stems. The two common species of aphids found on dahlias are green peach aphid and melon aphid. Plants were monitored on a weekly basis and no aphids were detected in the first 12 weeks of growth. Also, no thrips populations were found on treated plants.

We obtained Amblyseius cucumeris mites, a predatory mite that feeds on thrips nymphs. This species of thrips predatory mite has been used for prevention, control, and maintenance of various thrips species with fairly

good success in greenhouse operations. The mites use sucking mouth parts to pierce and ingest contents of their prey. We purchased the mites under the name THRIPEX-PLUS from Koppert Biological Systems. For the first release we used mites in a loose grain container mix. The grain was sprinkled on foliage and flowers of dahlias. The growers found the grain mix undesirable in appearance, so we switched to using A. cucumeris in small sachets. Each paper sachet with hook contains 1,000 predatory mites and grain mites (all stages), mixed with bran.

Amblyseius cucumeris preforms best in temperature under 90 F (check on this temp). Normally in Maryland temperatures reach above these temperatures in July and August so we switched to the predacious mite Amblyseius swirskii which performs better at higher temperatures. This mite is about 2 – 3 times the cost of A. cucumeris. July 26, 2018 switched to A. swirskii LP sachets. (continued on 16 page)

Application Breakdown: Orius Materials used – Two (2) 100 mL bottles containing 1000 minute pirate bugs.

Pirate bugs were sprinkled at each purple flash pepper plant at both sites on August 30, 2018.

SystemicMainspring® Applied June 12

Thripex

Swirskii

8 oz. of prepared solution applied as drench at base

Released June 28

1 sachet/plant (hung) The First application was a sprinkled grain mix.

Released July 12

1 sachet/plant (hung)

Released July 26

1 sachet/plant (hung)

Released Aug 13

2 sachets/plant (1 hung, 1 sprinkled)

Released Aug 30

2 sachets/plant (1 hung, 1 sprinkled)

Released Sep 13

2 sachets/plant (1 hung, 1 sprinkled)

Released Oct 4

2 sachets/plant (1 hung, 1 sprinkled)

14 • Spring 2019

Minute Pirate Bug

Sprinkled at each pepper plant

Trial Cost Breakdown: Thripex (per 500 sachets)

Swirskii (per 500 sachets)

Minute Pirate Bug (per 2 100 ml bottle)

Shipping & Handling

Prorated price per 254 treated plants*

June 28

$166.75

$51.73

$110.99 (at $0.4369/unit)

July 12 July 26 Aug 13 Aug 30 Sep 13 Oct 4

$166.75

$53.41 $39.72 $39.72 $39.72 $52.87 $53.89

$111.84 $197.85 $197.85 $470.85 $111.27 $112.09

$349.75 $349.75 $349.75 $166.75 $166.75

$273.00

(at (at (at (at (at (at

$0.4403/unit) $0.7789/unit) $0.7789/unit) $1.8537/unit) $0.4392/unit) $0.4412/unit)

Total Material Cost: $2,320.31 Prorated Cost: $1,313.04 *Prices indicated throughout reflect the cost of purchasing the obligatory package amount. The prorated price reflects the cost of the materials that were actually applied throughout the trial.

“

This Mainspring application provided protection from aphids and thrips feeding on foliage and dahlia stems. The two common species of aphids found on dahlias are green peach aphid and melon aphid.

”

Free State • 15

(continued from page 14)

Summary Mainspring (cyantraniliprole) at 8 oz/100 gallons of water, applied as a soil drench, was excellent in controlling the aphids on the treated plants and provided control for whole growing season. The Mainspring drench applications did not impact predator releases of the predacious mites or Orius released during our study. The season of 2018 had records amount of rain both in frequency and abundance. This general suppressed both Tetranychid mite (two-spotted spider mites) and thrips activity in the growing season. The dahlias in the biological control/systemic chemical control area had a greater number of blooms and thus had a slightly higher populations of thrips in blooms. The thrips populations remained low on the conventional treated plants and the plants that were treated with chemical and biological control.

The banker plants did well and the Orius populations after the initial release remained active throughout the season. We switch from releasing Amblysieus cucumeris in mid summer to release of A. swirskii. A. swirskii performs better in higher temperatures and we expected normal high temperatures of July through September. A. swirskii cost about 3 times the cost of A. cucumeris.

We encountered a pest during the study that we had not anticipated – spotted cucumber beetle. Working with Jan Meneley of AgBio, Inc of Westminster, CO, we evaluated a yellow sticky card baited with pheromone and essence of cucumber extract. The traps worked well in catching and preventing feeding damage to the petal rays of the dahlias.

The quality of the plants and flowers were equally high on the conventional and biological/systemic chemical treated plants.

We would like to conduct a second year of this project, hopefully, with a less rainy season. We will try reducing the number of biological releases to reduce the cost per plant. ❦

Stanton Gill, Extension Specialist in IPM for Greenhouses and Nursery, Central Maryland Research and Education Center, University of Maryland Extension And Professor – Montgomery College, Landscape Technology Sgill@umd.edu, 410-868-9400 http://Extension.umd.edu/ipm Nancy Rechcigl, USRS, Syngenta Company Suzanne Klick, Lead technician Central Maryland Research and Education Center, University of Maryland sklick@umd.edu Rachel Ross Student Intern, University of Maryland

16 • Spring 2019

The Perennial Farm Over 1500 Varie�es available Celebra�ng 39 years in business

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Roses - Flowering Shrubs - Flowering Vines - Ground Covers Na�ves - Succulents - Tropicals - Pansies, Viola, Cabbage & Kale www.PerennialFarm.com Tel: 410-592-6106 Fax: 410-592-8338 Free State • 17

Growing with Education

Trees and Shrubs for Pollinators Ginny Rosenkranz

T

here is a lot of interest from homeowners and many Green Industry businesses on plants that can be used in urban settings that would provide food resources for many pollinators including bees. Books and lists of plants for pollinators are scattered like wildflowers over the internet and bookstores but selecting the right list or the right book can be frustrating. Which book or which list available using scientific research that actually measured the quality of the nectar and pollen is the “best” to use?

The University of Kentucky was lucky to have Dr. Bernadette Mach and Dr. Daniel Potter, with funding provided by the Horticultural Research Institute, research 72 different tree and shrub species to determine which flowering woody plants attracted bees. These plants were chosen because a flowering tree or shrub can produce over a thousand flowers over the growing season compared to hundreds of flowers from the herbaceous plants.

The research found that different woody plants attract different bee communities, that the shape of the flowers matter and native and nonnative plants both attract diverse community of bees. That research created lists of woody trees and

18 • Spring 2019

shrubs that can create a pollinator friendly landscape that will maintain blooming flowers throughout the growing season. The lists are not all-inclusive because the research project is still on going, and as more research is completed, the lists will be augmented with additional bee attractive plants.

The first list is titled ‘Plants Bees Like Best’ and lists the plants by the season of bloom, if they are a tree or shrub and how they were rated by the visiting bees. The rating gives 2 stars for moderate bee visitation, 3 stars for heavy visitation and 4 stars for very heavy bee visitation.

Starting in March, the Cornus mas or Cornelian cherry, a nonnative rates 3 stars and is also listed as one of the top 10 great trees and shrubs for Honeybees.

Cornus mas, a deciduous tree, can grow as a shrub or a small tree, growing 15-25 feet tall and 12-20 feet wide. Bright yellow flowers with small sturdy bracts are grown in clusters that cover the tree for up to 3 weeks or more,

depending on the weather and temperature. The flowers mature into bright red fruit in midsummer, the color of the carnelian gemstone. The bark of the tree is exfoliating and flaky, in rich brown to a gray brown in color, providing winter interest when the flowers, foliage and fruit are not visible.

Plants prefer to grow in full to part sun with moist but well drained organically rich soils and are fairly tolerant to clay soils. Cornus mas is very resistant to dogwood anthracnose and dogwood borer and deer do not have a taste for it.

The Higan Cherry, Prunus subhirtella ‘autumnalis’, is another non-native tree that also blooms in March and into April. It also blooms a bit if there is a warm fall. Higan cherry grows 20-35 feet tall and 15-30 feet wide in full

sun and moist organically rich well drained soils. The buds are a dark pink that open to a semi double flower with light pink to white petals. Like the Cornus mas, the Higan cherry received 3-star rating for bees. Cherry trees are known for their short lifespan, but the Higan cherry is more cold, heat and stress tolerant and can live in the garden for years. The bark is dark brown with prominent lenticels spaced horizontally on the branches. Although the flowers mature into fruit, the plants are often grown for the beautiful early spring flowers.

Flowering Crabapples, Malus spp. are given a 4-star rating for their appeal to bees. Most Crabapple trees grow 15-25 feet tall and 15-25 feet wide in full sun with well drained acidic soils.

There are some native Crabapples, Malus coronaria, M. fusca, and M. ioensis, but most Crabapples are hybrid cultivars that bloom in April with white, pink, rose, or red

sweetly fragrant flowers that cover the deciduous trees for almost 2 weeks. Although they can adapt to a wide range of soils, they thrive in medium moist, acidic, well drained soils in full sun. The 5 petaled flowers mature into small apple shaped fruit that is enjoyed by many animals and birds. All of the trees in the Malus family are susceptible to scab, fireblight, rust, leaf spot and powdery mildew, and many insects enjoy the foliage including the Eastern Tent Caterpillar, aphids, Japanese beetles, borers, scale and spidermites. Some of the most scab resistant varieties include M. ‘Adirondack’, M. ‘Donald Wyman’, M. Red Jewel™, M. Prairfire’, M. Sugar Tyme®. Resistance to Apple scab will allow the leaves to stay on

the tree almost all summer, helping maintain a healthier tree.

Although Ilex x attenuate ‘Fosteri’ or Foster holly only rates 2 stars, it is also on the list of preferred plants by the honeybees.

A beautiful evergreen plant that can grow 20-30 feet tall but only 10-15 feet wide, the Foster Holly is one of the few female hollies that can produce fruit without a male pollinator. Foster hollies grow best in full sun and acidic, medium moisture, well drained soils. It does like to be sheltered a (continued on next page)

Free State • 19

(continued from last page)

bit from the strong winter winds in Maryland. The fragrant flowers of the Foster holly have four white petals around a yellow green center and appear in April to May. They are placed singly on the branches but there are so many that the tree appears green and white when in bloom, and green and red when the berries ripen. There are a few pests like spittlebug, holly leafminer and some leaf spot.

Winter King Hawthorn, Crataegus viridis ‘Winter King’, is a native tree that also ranks 2 stars but is again on the preferred list for bees. This deciduous plant can grow 25-35 feet tall and wide and grows best in dry to medium soil in full sun for the best growth and flowering.

The pure white 5 petaled flowers bloom in April to May in Maryland and totally cover the tree when in bloom. ‘Winter King’ is more resistant to diseases, has profuse blooms, large colorful fruit and attractive fall foliage color, but best of all, it is largely spineless!

A few small thorns occasionally

20 • Spring 2019

“

Most Crabapples are hybrid cultivars that bloom in April with white, pink, rose, or red sweetly fragrant flowers

”

“

Another favorite of the honeybees is the Serviceberry, beautiful, slightly fragrant flowers with 5 pure white petals that bloom in April to May

”

appear but are only 1 ½ inch long compared to the 2-inch spikes the species bristles with.

Another springtime favorite of the Honeybees is the native Amelanchier spp or Serviceberry.

All of the Amelanchier have beautiful, slightly fragrant flowers with 5 pure white petals that bloom in April to May and are gathered in clusters on the branches. The Serviceberry is rated 2 stars and is a favorite of many of the earliest bees. The plants are listed as large shrubs or small trees, growing 15-25 feet tall and 15-20 feet wide.

They grow best in medium, well drained soils in full sun with a bit of afternoon shade. The fruit ripens in June, the same time the shad, a species of fish that swim upriver to spawn, thereby giving the plant the common name of shadbush.

Having very sweet fruit in June also gives the Amelanchier spp other common names such as Juneberry, sugarplum, wild plum, saskatoon and chuckley pear. The bark is a smooth gray in color which is streaked with longitudianal fissures creating a reddish cast. The foliage (continued on next page)

Free State • 21

(continued from last page)

is a dark rich green that, in the autumn turns to an attractive apricot orange red.

Cercis Canadensis or Eastern Redbud is another small native deciduous tree that has pink to purple pea like flowers in April to May that literally cover the branches of the plant. The flowers bloom in clusters of 4-10, highlighting the beauty of the branches as well as the flowers and bloom for up to 3 weeks.

These flowers are rated 4 stars and are a favorite of many native bees. Growing 20-30 feet tall and 25-35 feet wide, the Redbud prefers medium moist, well drained soils and full sun to partial shade. Many of the Redbud are open and multi-trunked that develops a rounded crown. The flowers mature into long pods with 6-12 seeds inside each pod.

The heart-shaped leaves are a medium green and are arranged on the branches in an alternate fashion, turning a soft yellow in the fall. Redbud can develop canker disease and Japanese beetles; leaf hoppers find the foliage tasty.

The native American Yellowwood, Cladrastis kentukea can grow 30-50 feet tall and 40-55 feet wide in medium moist well drained soils in full sun. The very fragrant white wisteria-like flowers grow in panicles that cascade 10-15 inches long like a frothy waterfall in the branches of the tree. A mature tree may look like it is covered in flowers in May or June. Young trees may take 8-10 years before blooming and some trees only bloom beautifully once every 2-3 years.

22 • Spring 2019

Flowers mature into 4-inch pods in the autumn. The American Yellowwood rates 2 stars and is listed as a favorite of the native bumblebee. The bright green leaves are pinnately compound with 7 – 11 leaflets growing side by side on each leaf which turns a soft yellow in the autumn.

This deciduous tree grows best in medium moist well drained soils in full sun. Summer pruning promote quick healing and less tendency to ‘bleed’ sap. The bark is a smooth and gray, looking like a beech tree. The heart wood of the Yellowwood is yellow, giving the tree its name. The roots grow deep which allows smaller herbaceous perennials or annual flowers to be planted under this attractive shade tree.

Tilia Cordata or the Little Leaf Linden is a wonderful shade tree growing 60-70 feet tall and 40 feet wide. The fragrant pale creamy yellow flowers bloom in the late spring in 5-7 flowered pendulous cymes. A cyme is a flower structure which allows the center terminal flower to bloom

first then the flowers on either side to bloom, followed by the flowers on their sides. The Little Leaf Linden is a favorite of the Honeybee, and when the tree is in flower the sound of the bees can be heard 10-20 feet away from the tree. After the flowers bloom, they mature into nutlets that are attached to a narrow translucent bract like wing. The heart shaped leaves are shiny and dark green, changing to a yellow green in the autumn. Plants grow best in fertile, moist well drained loamy soils in full sun. The Tilia has no serious pest or disease problems.

These native and non-native trees and shrubs provide thousands of flowers from the earliest spring to late spring, giving fragrance and color to the gardens, structure and shade to the landscapes and providing a diverse palate to the many different native and nonnative bees. ❦ Ginny Rosenkranz Extension Educator, Commercial Horticulture, University of Maryland Extension, Dorchester, Somerset, Wicomico and Worcester County

MARYLAND N URSERY, L ANDSCAPE AND G REENHOUSE A S S O C I A T I O N , I N C.

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See next page Free State • 23

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Special Report

MNLGA and UME Drone Meeting

As many of you know the MNGLA has invested in drone research being done by the University of Maryland Extension. We are proud to partner with UME and their efforts in technological research.

On March 27th I sat down with Stanton Gill (UME), Karen Rane (UME), Dave Clement (UME), Andrew Ristvey (UME), and Kirk Floyd, who is an independent drone operator. Kirk has been working very closely with Stanton at Stanton’s own operation on various experiments. It is truly amazing to see how far a nursery operation could go incorporating the use of drones.

The meeting was targeted at figuring out experiments and projects that would be beneficial to start looking at for the 2019 season. Kirk and Stanton presented the work that they were doing on Stanton’s farm with several drones. They were able to get great footage using an infrared camera filter that showed real promise for use later down the road with disease and plant stress monitoring. The pair also tested out Kirk’s drone using water spraying from the air. Stanton noted that the mist that came out showed great promise for top down coverage – of course more experiments will need to be conducted.

There was an extensive discussion on using drones to monitor nutrient management levels, plant stress, disease, early detection of issues, and much more. It was intriguing to see what the infrared camera was able to pick up – which lead to the discussion of it’s ability to pick up and report on water stress in plants.

Between Karen, Dave, Stanton, Andrew and Kirk they have a lot of great projects in the works for this upcoming season. It’s going to be very interesting to see what these projects result in data-wise, and how far our industry can go with some “in the air” help.

The Bay Journal recently published an article about drones and the Chesapeake. The article noted that the FAA predicts that about seven million hobby and commercial drones will be sold next year, which is nearly three times the number sold in 2016. This is absolutely a topic and form of technology that is on the cutting edge and could have interesting and promising ramifications for all those in the nursery, landscape and greenhouse industries. ❦ Chelsea Bailey, MNLGA

Free State • 25

Chesapeake Green 2019 Recap Let’s face it – we have been spoiled the last few years of Chesapeake Green. I remember two years ago, attendees were wearing shorts and sandals because it was in the 70’s. We were bound to have to “pay” for all of that great weather Mother Nature threw our way the past few years. 2019 was apparently our year to pay – and yet, all of you still came out and we still managed to have outstanding attendance on both days of Chesapeake Green this year!

I’m going to briefly touch on the dreaded “s” word – and no, not Spring! We did face snow challenges on the first day of Chesapeake Green but still managed to bring in over 120 that day in total attendance. The second day – our faithful Chessie crew came out in full force with over 330 in total attendance. These are outstanding numbers for the Symposium despite the weather, and we couldn’t thank you all enough for your support and dedication. With your support and promotion of Chessie it has grown each year and we hope to continue this growth in the years to come.

In the weeks since Chesapeake Green we have received very positive feedback from speakers, as well as attendees, on the quality of the program especially highlighting dynamic sessions and relevant industry topics. We kicked off the first day with a powerful keynote delivered by Rebecca Lemos-Otero of City Blossoms. Attendees walked away from this session with a strong appreciation for not only her work, but their work as well and ideas on how they could “blossom together.” Rebecca’s keynote left attendees not only feeling invigorated about their work, but inquisitive on what the day would hold in their breakout tracks. This year’s tracks on day one included nursery grower, landscape contractor, greenhouse grower, retail grower and garden center, and new for 2019, business. The business track was added to give our “owner” demographic of attendees more insight and conversation when it comes to best management practices. It was a great chance for business owners and managers to get together and talk about their own trials and tribulations and how they survived. We can always do great things when we learn from each other and grow together.

26 • Spring 2019

Attendees come together for a day full of dynamic sessions and networking with their peers

We even incorporated some new technology this year with two of our speakers presenting via WebEx. They weren’t able to travel due to the snow but wanted to still give their presentation to our attendees. It was remarkable to watch attendees interact with our speakers and ask questions while the speakers were hundreds of miles away. It really is amazing how far technology has come.

The silent auction was enjoyable and eventful as always! We had great items stemming from colorful Spanish pottery, beautiful doormats, Gill family apple pies, a duck hunt, and much more. The auction raised over $1300 for college scholarships. This auction directly benefits the MNLGA scholarships and we’re so grateful for everyone who donated items and bid on items for their generous support. The future of this industry lies in the next generation and without this scholarship support we wouldn’t be able to help these students excel in their studies, and for that we extend a huge thank you!

The MNLGA extends a sincere “Thank You” to all speakers, sponsors, attendees, and volunteers that helped to make Chesapeake Green 2019 an outstanding success. Special thanks to those who served on our planning committee, Ted Carter

Chelsea Bailey, MNLGA 410-749-6141 ext. 106

Three ways to register by fax, mail or online at www.mnlga.org

(Co-Chair), Ronda Roemmelt (Co-Chair), Hank Doong, Angela Burke, Dave Clement (UME), Stanton Gill (UME), Pete Gilmore, Brett Karp, Mary Kay Malinoski (UME), John Murphy, Karen Rane (UME), Andrew Ristvey (UME), Ginny Rosenkranz (UME), Brent Rutley, and Chuck Schuster (UME).

We hope to see you all at Chesapeake Green 2020 at the Maritime February 19th and 20th! Come for the great education and stay for the awesome lunch! ❦

Past President Steve Black discusses Raemelton’s Spring plans while attendees take their time bidding on auction items

Attendees pack the auditorium on the second day to take in another great day of breakout sessions!

Attendees Anthony and Scott network with other attendees and snag a quick sweet treat

Stanton Gill (UME) takes the stage to share his wealth of knowledge with Chessie attendees Free State • 27

GWA: The Association of Garden Communicators Announces Association Name Change to GardenComm Summer, fall, winter, spring – it’s a predictable cycle that brings with it changing plant varieties. Year after year, companies release new introductions and recommend ways to engage with these flowers, trees and edibles. Our association has defined itself as the communicators about these advancements and trends, but with the advent of the mainstream internet in the 90s and various social media channels throughout the 2000s, it’s evident that communications do not follow the same predictable cycle as the seasons.

In 1933, we were founded by a group of writers as the Garden Writers Association, but by 2015, our name evolved to GWA: The Association of Garden Communications to encompass the ever-changing communication landscape. While writers are our roots, over the years, we have blossomed, and by 2019, we were in need of a complete rebrand.

step boldly into the future and brand ourselves as who we are today. We’re a group of garden communicators comprised of all types of horticultural experts including videographers, photographers, radio personalities and more.

As of January 1, our name now reflects our expanding, diverse membership. Although our name has changed to GardenComm: Garden Communicators International, the association’s mission remains the same, which for me is the most important thing. GardenComm will provide leadership and opportunities for education, recognition, career development, as well as a forum for diverse interactions for gardening communicators. We are the ‘dots’ that connect the Green Industry, its companies and products with consumers.

Becoming GardenComm

In fact, in just a few short months, industry leaders from across the world will be coming together to discuss the latest horticultural trends and advancements at

The GWA Association and its Foundation merged at the end of 2018, which provided the perfect time to

28 • Spring 2019

Annual Conference & Expo in Salt Lake City

GardenComm’s 71st Annual Conference and Expo. in Salt Lake City. Additionally, attendees will have the chance to explore formal, urban, and edible gardens, which includes a behind the scenes look at one of

Young Living’s lavender farms.

The September 4-7 event will also feature dynamic education sessions, essential networking meetups, and a colorful showcase of new plant varieties, products and services, all tailored to garden communicators.

It is a unique opportunity to tap into the trends and products that the audiences of green industry magazines, radio shows, blogs and more are looking to learn.

The conference will include a keynote presentation from Martha Barnette, co-host of the public-radio show A Way with Words and author of three books on word origins: A Garden of Words; Ladyfingers & Nun’s Tummies: A Lighthearted Look at How Foods Got Their Names; and Dog Days & Dandelions. Her presentation will explore language and how to best apply it as garden communicators.

Additional conference sessions are tailored to professional communicators from across the green industry, including authors, bloggers, marketers, editors, photographers, and TV and radio personalities.

Topics include tips and tricks for writing, digital technology, business marketing and publishing.

Attendees will walk away with their expertise expanded after hearing from and interacting with the best of the best in the industry. Check out the events section on www.GardenComm.org to ensure you don’t miss out on opportunities to network with garden communicators worldwide! ❦ About GardenComm GardenComm: Garden Communicators International provides leadership and opportunities for education, recognition, career development and a forum for diverse interactions for professionals in the field of gardening communications. Learn more at www. gardencomm.org.

Free State • 29

Join your industry peers for a day filled with great information, tours, and technology.

Maryland Nursery, Landscape and Greenhouse Association

FIELD DAY 2019

June 25, 2019

8 a.m. to 3:30 p.m.

TWO GREAT VENUES

Registration will open mid-May on www.MNLGA.org. Questions, please e-mail office@mnlga.org or call 410-823-8684.

MARYLAND

N URSERY, L ANDSCAPE AND G REENHOUSE A S S O C I AT I O N , I N C .

MNLGA Annual Meeting New Officers, Awards and a visit from the Secretary of Agriculture

MARYLAND N URSERY, L ANDSCAPE AND G REENHOUSE A S S O C I A T I O N , I N C.

Front: Patrick Waldt, John Murphy, Jessica Todd, Larry Hemming, Carrie Engel Back: Brent Cassell, Cindy King, Steve Black, Brian Mitchell, Ronda Roemmelt, Tyler Van Wingerden, Tiffany Shorten, Alex Betz

Free State • 31

Akehurst Award Recipient Tim Babikow with Jessica Todd and Vanessa Akehurst Finney

Outgoing Board Members Ferenc Kiss, Heather Wheatly, Andrew Thompson, and Ted Carter with MNLGA President Jessica Todd

Amanda Kuhn, Kelli McGaw, and Jessica Todd of Clear Ridge Nursery with Agriculture Secretary Joe Bartenfelder

Jessica Todd with Professional Achievement Award Recipient Robert “Bob” Trumbule Free State • 31

Jock Demme of Iseli Nursery attracts a crowd Brian Dean talks with John and Justin Canarelli of Bay Gardens in NY

Shopping for gear at Arborwear

Doug Larimer of Saunders Brothers writes an order

Kit Shaughnessy of J. Frank Schmidt talks with a customer Rustin Storer of Monrovia talks plants

Shopping for plants at Flowerwood Nursery

32 • Spring 2019

Another great year! More than 11,600 total registrants, attendees from 48 states and 16 foreign countries had the opportunity to visit 956 exhibiting companies, spread out over 1,550 booths ...

Joe Faranacci of BFG clarifies the variety and options

Mike Heldman demonstrates for Ensaca Ltd.

MANTS means business and crowds Allan Armitage talks plants for The Perennial Farm

So many choices at the Pottery Patch

Free State • 33

Clyde Reynolds of Topiary Creations

Molly Schaefer-Still works with a customer

MANTS means talking business Andy Smith of Rapid Garden POS

Keith Dimtelmann of Home Nursery checking off his list

MANTS means finding what you’re looking for

34 • Spring 2019

Fletch Flemmer (cntr), Charlie (r) and Art Parkerson

... to do business, network and learn about the latest green industry trends.

Taking “Stop and Smell the Roses” literally

MANTS means sharing information

Ina Berger of Berger Tools shows off Mark Van Hoef of Oregon Pride shows off plants

MANTS means catching up with friends

We look forward to seeing you next year when MANTS celebrates its 50th Anniversary.

Free State • 35

MANTS would like to thank all of the MNLGA members who participated at this years show.

Terry Freed of Eastern Shore Nursery of VA

Rick & Gail Watson, Allan Armitage and Rich Poulin

The Flowerwood Nursery Team Jill Parisi of Delmarva Native Plants

John and Pete Driscoll (center) with customers from Black Pearl Management Angela Burke of Raemelton Farms

36 • Spring 2019

Ed Kylie has never looked so good Andy and Bryan Schlosser (center) of Roseland Nurseries

Karen Merica (c) and Jim Bruce (r) of Hanover Farms talk business

Ronda Roemmelt, Ginny Rosenkranz, George Mayo and Jessica Todd volunteer in the MNLGA booth

Buzz Miller of Sonco Tube helps a customer

John and Maureen Murphy of Murphy John’s

Brian Mitchell (c) and Colin Jones (r) of Manor View Farm Chelsea Campbell of North Creek Nurseries Inc.

Linda Miller of TDH Nurseries

Jerry Faulring and Tiffany Shorten of Waverly Farm help customers Free State • 37

American Hort

At Last, H-2b Cap Relief Coming Craig J. Regelbrugge

A

mericanHort is very pleased to report that on March 29, the Department of Homeland Security announced that it plans to release an additional 30,000 H-2B visas for returning immigrant workers. This progress would not have happened without the steady advocacy push by our staff, leaders and members, state association partners, and likeminded industries participating in the H-2B Workforce Coalition, which we co-chair.

Though this number of additional visas is less than half the 69,320 additional visas Congress authorized and certainly falls well short of current demand, it is double the number that have been made available in the past two fiscal years. The 30,000 visas will be made available via a temporary final rule that will soon be published in the Federal Register. These additional visas will certainly provide some relief for our members who were shut out of the H-2B program this year due to the cap.

We will provide additional information once the rule is published in the Federal Register. In the meantime, the text of the information provided to Congress follows.

Determination on H-2B Visas -- The H-2B nonimmigrant visa program allows U.S. employers who meet specific statutory and regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs. There is a statutory cap on the total number of foreign nationals who may be issued an H-2B visa or otherwise granted H-2B status during a fiscal year. Under section 214(g)(1)(B) and 214(g)(10) of the Immigration and Nationality Act, as amended (INA), Congress has set the H-2B cap at 66,000 per fiscal year, with a maximum of 33,000 available during the first half of any given fiscal year and 33,000 for workers who begin employment in the second half of the fiscal year.

38 • Spring 2019

Section 105 of Div. H of Public Law 116-6, the Consolidated Appropriations Act, 2019, was signed into law by the President on February 15, 2019. This fiscal year, for the third year in a row, Congress delegated to the Secretary of Homeland Security the authority to allocate visas above the 66,000 cap if the Secretary determines, after consultation with the Secretary of Labor, that the needs of American businesses could not be satisfied with U.S workers who are willing, qualified, and able to perform temporary nonagricultural labor.

After consultation with Secretary Acosta and carefully weighing several factors, including whether U.S. workers may be harmed, and impact statements from your constituents, Secretary Nielsen has decided to allocate an additional 30,000 H-2B visas for the remainder of fiscal year 2019. Further, this supplemental visa allocation will be available only to applicants who have held H-2B status in at least one of the past three fiscal years (2016, 2017 and 2018). Details on eligibility and filing requirements will be available in the temporary final rule and on uscis.gov when the final temporary rule is posted for public inspection.

As Secretary Nielsen has stated, Congress is in the best position to know the “right” number of H-2B visas that American businesses should be allocated without harming American workers. DHS is committed to ensuring that our immigration system is implemented lawfully and that American workers are protected. We look forward to working with Congress so it can set an appropriate numerical limitation moving forward.

Thank you. ❦ Craig Regelbrugge & Laurie Flanagan Office of Legislative Affairs U.S. Department of Homeland Security

Tal Coley

W

Congress Must Clarify Trucking Regulations for Agricultural Products

hen it comes to government regulations, clear wording and definitions are a must to those who must comply with the rules.

Such is the case with the Department of Transportation’s (DOT) hours of service (HOS) and electronic logging device (ELD) regulations for the trucking industry implemented in late 2017.

Inconsistencies and a lack of clarity in the regulations has led to confusion and higher costs for many small business owners and producers in the fields of agriculture and horticulture. That’s why industry leaders are asking Congress to clarify the rules, in order to provide greater flexibility and fairness for horticulture producers, distributors and shippers.

The good news is DOT officials and Congress worked to provide some common-sense exemptions for agricultural transport. Among those exemptions: drivers moving “agricultural commodities” for distances of less than 150 miles (by an “as the crow flies” measure) would be exempt from the HOS and ELD mandates.

The bad news is they excluded some important specialty agricultural goods — namely horticultural and nursery products — such as trees, flowers, and shrubs. This oversight is causing substantial confusion for shippers in a key sector of the economy that relies heavily on rapid transportation of goods.

By any reasonable definition, these products should be classified as “agricultural commodities.” And in fact, for most taxation and regulation purposes, they are. Yet strangely, horticulture and floriculture products were not included in the definition of “agricultural commodities” as exempted under the HOS and ELD mandates.

My association represents the horticulture industry, which is negatively affected by the confusion sown by the new regulations. Our industry is vast and includes the very businesses that American communities rely

on — plant breeders, greenhouse and nursery crop farmers, distributors, retailers, landscape professionals, florists, and more. We’re active in all 50 states, with annual sales estimated at $196 billion and almost 2 million full-time and part-time employees.

These small businesses depend heavily on specialty agricultural crops like flowers and ornamental plants, which require timely shipping and delivery. The reason: unlike many other agricultural commodities, these items can’t be stored for extended periods. They’re often highly perishable, and there’s a relatively narrow marketing window in which they can be displayed and sold.

But shippers are exasperated by the pronounced inconsistency in the law. Horticultural products are, in fact, agricultural commodities by any reasonable definition. When they’re placed on a truck for transportation, they should get the same regulatory treatment as any other farm products.

Congress now has an opportunity to set things right by passing the Agricultural Trucking Relief Act of 2019, a bipartisan bill introduced last week by Rep. Austin Scott (R-Ga.). The legislation already has the support of leading agricultural organizations, like AmericanHort, the American Farm Bureau Federation, and National Association of State Departments of Agriculture.

This bill would appropriately adjust the definition of “agricultural commodities” to include horticultural products, which would clarify how the mandates affect our industry. Given the ambiguity, it’s appropriate for Congress to address the issue, so that regulators and industry will be on the same page.

Industry leaders aren’t asking that the mandates be repealed; they simply want the existing rules to work clearly and with a sense of fairness. We want to work (continued on next page) Free State • 39

(continued from last page)

with Congress and regulators to fix what’s broken, with the worthy goal of ensuring the safety and wellbeing of truckers and the general public — as the rules were intended to do — while balancing the needs of agricultural producers and horticultural specialists.

In their initial stages, the HOS and ELD mandates generated a fair amount of criticism from those who believed the rules were “not ready for prime time” as

they were implemented. However, it’s likely the most urgent problems with the regulations can be addressed through carefully targeted legislative fixes, coupled with some modest flexibility from the regulators that level the playing field for agricultural shippers. Clarifying this exemption for agricultural commodities to include horticultural products is a sensible start toward achieving the needed balance. ❦ Tal Coley

Agency Acknowledges Trucking Changes Coming For Agricultural Commodities Confirming recent intelligence received by the advocacy team in Washington, D.C., the Federal Motor Carrier Safety Administration (FMCSA) finally acknowledged at a trucking trade show last week that there will be an Advanced Notice of Proposed Rulemaking (ANPRM) focused on clarifying and defining what an agricultural product actually is.

Highlighted in Freightwaves, a trucking industry magazine, FMCSA official Joe DeLorenzo stated that there is no timetable on the release yet, but the agency has been working with the Department of Agriculture to create a framework for the regulation.

This is a huge positive step for our industry. In meetings in late 2017 and throughout 2018 with the AmericanHort advocacy team, FMCSA officials were noncommittal as to potentially helpful rule changes.

Once the ANPRM is issued, AmericanHort will file extensive comments to make the case for the clear inclusion of nursery and floriculture crops within the definition of “agricultural commodity.” Until then, all efforts will be focused on garnering wide support for the recently-introduced Agricultural Trucking Relief Act, H.R.1673, and bringing steady attention to the issue. ❦ Tal Coley

(These articles initially appeared in AmericanHort’s Impact Washington E-News Update and are being reprinted with permissions of the authors)

Do you have Commentary, Opinion, Press Release, or an Educational Contribution for Free State?

Submit contributions to Free State via office@mnlga.org Contributions are due April 1, July 1, and November 1. Contribute as you like, or year round.

Questions about Free State, please give us a call at 410-823-8684 or email us at office@mnlga.org.

40 • Spring 2019

Featured Member

M

anor View Farm in Monkton will co-host the MNLGA’s Field Day June 25 with The Perennial Farm in Glen Arm. Before attending, take a few minutes to enjoy a drone’s view of Manor View Farm on the company website, www.manorview.com.

There you will get an idea of the enormity of the wholesale nursery, sprawled across the rolling hills of Baltimore County with 100 acres of trees and shrubs planted in neat rows between strips of green.

The site was part of “My Lady’s Manor,” a 10,000-acre tract set aside for his own use by Charles Calvert, the third Lord Baltimore, in 1675. In 1713, the land was given to his fourth wife, Margaret Charleton of Hexham. It is now a national historic district with more than 60 identified structures and numerous outbuildings included.

Manor View Farm was a dairy farm in the mid-1960s when Miles “Pat” Patterson and his sister began converting it to a nursery business with the help of their parents.

Patterson had earned a degree in horticulture from the University of Maryland in 1963. They grew the operation from a low-tech dairy farm to a thriving nursery, selling ornamental trees and shrubs to the area’s landscape contractors.

In 2007, the Patterson family sold the business to Alan Jones, John Clark and Dennis Hendrix.

Jones, now president, had joined the operation in 1995, coming from Princeton Nurseries. Clark, secretary/treasurer, had been involved with Manor View for some time. Hendrix, an in-law of the Patterson’s, was a silent partner until he retired from another business and began working at

the nursery. He now serves as vice president.

The purchase was finalized shortly before the Great Recession officially began in December 2007.

“We survived,” Jones said, “by becoming lean and scaling back.

By being very cautious and having the support and dedication of a great team of people who work at Manor View.”

“Sales dropped dramatically the first two years of the recession. It took us nine years to get back to those pre-recession sales levels.

Then 2018 was a challenging year due to the weather. Landscapers were delayed and couldn’t get their work done because it was so wet. We are hoping for more seasonal weather in 2019.”

Manor View Farm has three distinct parts to its business – a (continued on next page) Free State • 41

(continued from last page)

Landscape Distribution Center, 100 acres of field production and propagation of potted shrub liners.

Manor View Farm’s Landscape Distribution Center customer base includes residential contractors and landscapers at the high end of the market. The Distribution Center stocks a wide range of trees and shrubs above ground for immediate pick up or delivery.

As the website proclaims, “From our very beginning, Manor View has always been committed to consistently providing the highest quality products while serving a market which consistently demands a higher level of selection, quality, and service. This philosophy dictates the type of people we employ, the variety and quality of materials that we offer for sale, and the size and varieties of plants we produce.”

Manor View Farm is continually looking for new and better plant varieties, new and unique growers and suppliers, more efficient equipment and better delivery systems.

Manor View Farm Landscape Distribution Center delivers on its own fleet of trucks, covering an area west to Frederick, MD; north to State College, Pa.; east to the shore and south into northern Virginia. The firm can deliver plants to a job-site on its roll-off fleet, making unloading much easier.

Jones said the company has recently gotten involved in LandscapeHub, an online purchasing site for landscape contracting. Originally, LandscapeHub was conceived as a way to improve efficiencies for a multi-generational nursery and landscape supply distributor in the Midwest. Begun a year ago, it

is now a digital, B2B marketplace that connects buyers and suppliers within a central online platform.

Manor View Farm’s partnership in LandscapeHub was announced at MANTS this year. The site, www. landscapehub.com, makes the inventory of member suppliers accessible for buyers to search, build quotes and submit orders at any time.

Manor View Farm is active in industry groups. Brian Mitchell, a member of the current management team, is on the board of MNLGA and Colin Jones is on the board of the local Landscape Contractors Association (LCA).

“We support our people being involved” Jones said.

Jones himself has served as advisor to the MNLGA board and serves on the boards of International Plant Propagators’ Society and the Horticultural

The MNLGA Field Day is another way of educating. The event will begin at The Perennial Farm and continue at Manor View after lunch.

“We will be showcasing new technology,” Jones said. We have been experimenting with RFID, radio-frequency identification, which is the same technology used with Easy Pass.”

RFID uses electromagnetic fields to identify and track inventory tags attached to objects. “Eventually it will be an easier way to inventory data. It’s the next stage up from Research Institute. The company is involved in the American Landscape Institute, a training and development program for the landscape and horticulture industry based in Baltimore County.

Education of customers as well as team members is an important aspect of Manor View’s business.

For 20 years, an annual Manor View Education Seminar has brought many unique international and national speakers to Maryland for the first time. This year’s seminar, co-hosted by The Perennial Farm, was held in February. a bar code,” Jones said. “You’ll be able to drive by the tags and record data from them.”

Manor View has also been working with the University of Maryland researchers as they continue to develop the use of irrigation sensor technology.

The afternoon visit to Manor View during MNLGA’s Field Day will include tours of the Landscape Distribution Center, field production and propagation areas. ❦ Carol Kinsley

Free State • 43

2019-2020 Industry MAY May 15, 2019 Eastern Shore IPM Pest Walk Location: Salisbury University Contact: UMD Ext Office, 410-749-6141 rosnkrnz@umd.edu www.extension.umd.edu/events

JULY

July 13-16, 2019 Cultivate ‘19 Location: Greater Columbus Convention Center, Ohio Contact: American Hort Office, 614-487-1117 hello@americanhort.org www.cultivate19.org

JUNE

June 5-8, 2019 Native Plants in Landscape Conference Location: Millersville University in Millersville, PA Contact: Registration Office, 717-690-0634 nativeplantconference@gmail.com

June 7, 2019 Eastern Shore Pesticide Recertification Conference Location: Wye Research & Education Center Contact: UMD Extension Office, 410-749-6141 rsnkrnz@umd.edu www.extension.umd.edu/events

June 25, 2019 MNLGA Summer Field Day Location: The Perennial Farm & Manor View Farm Contact: MNLGA Office, 410-823-8684 office@mnlga.org www.mnlga.org

44 • Spring 2019

July 25, 2019 Herbaceous Perennials Workshop Location: The Perennial Farm Contact: MNLGA Office, 410-823-8684 office@mnlga.org www.mnlga.org

AUGUST August 1, 2019 VNLA Field Day

Location: Eastern Shore Nursery of Virginia Contact: VNLA Office, 804-256-2700 info@vnla.org www.vnla.org

August 11-14, 2019 ISA Annual International Conference and Trade Show Location: Knoxville Convention Center in Tennessee Contact: ISA Office, 1-888-472-8733 isa@isa-arbor.com

EVENTS Calendar THE MARYLAND STATE FAIR August 22 – September 2, 2019

Location: MD State Fairgrounds in Lutherville-Timonium Contact: MD State Fair Office, 410-252-0200 msfair@msn.com www.marylandstatefair.com/state-fair/state-fair-info

SEPTEMBER

September 11, 2019 MAEF/ MNLGA Scholarship Golf Tournament Location: Hampstead, MD Contact: MAEF Office, 410-939-9030 www.maefonline.com

DECEMBER

December 17, 2019 Biological Control Conference Location: TBD Contact: MNLGA Office, 410-823-8684 office@mnlga.org www.mnlga.org

September 16-18, 2019 Impact Washington Summit Location: Washington DC Contact: American Hort Office, 614-487-1117 hello@americanhort.org www.AmericanHort.org/Impact

OCTOBER October 1, 2019 CPH – Basic Exam

Location: MDA in Annapolis Contact: MNLGA Office, 410-823-8684 office@mnlga.org www.mnlga.org

October 1, 2019 CPH – Specialist Exam – Plant ID Location: MDA in Annapolis Contact: MNLGA Office, 410-823-8684 office@mnlga.org www.mnlga.org

JANUARY

January 8-10, 2020 MANTS - Mid-Atlantic Nursery Trade Show Location: Baltimore Convention Center Contact: MANTS Office, 410-296-6959 info@mants.com www.mants.com

Free State • 45

Maryland Nursery, Landscape and Greenhouse Association

AFFINITY PROGRAMS Get More Out of Your Membership SHIPPING PartnerShip • Discount shipping program through AmericanHort partnership • Small Package Discounts using FedEx • FedEx Express Discounts including Overnight, 2 Day, International Services, and Saver programs as much as 27% • Save on Truckload and Tradeshow Shipments • FedEx Ground and Home Delivery discounts starting at 5% • PartnerShip LTL freight discounts

FUEL Shell – Fleet Plus Fuel Program • 15 cents off per gallon on fuel purchases from Shell for 12 months • After 12 months, tier structure rebate program • No minimum gallons required • Built in security and purchase controls • Online account management • Comprehensive reporting • No transaction fees, no card fees, and no report fees

VEHICLES Commercial Friends and Family Program • Invoice pricing on all vehicles in stock. Pricing for locates are on a case by case basis.

• Brands include Dodge, Chrysler, Jeep, Ford and Ram. Expanding to other brands soon.

• All incentives that are being offered will be deducted from invoice pricing • Up-fits offered at employee cost • $500 off any negotiated price for used vehicles • Honor all Fleet accounts and if needed can be established with Ford or Chrysler • Discount delivery vehicle program or if qualified, courtesy delivery to local dealer

OFFICE SUPPLIES Office Depot • See new Office Depot Program details on page 17 • Better rewards • More ways to save

PLANT LOCATOR Plant and Supply Locator • All MNLGA members receive 6 months of free unlimited online Plant Booth listings • Free subscription to Plant Locator magazine • After free 6 month period, members will receive: – Ability to keep 5 listings online free for an additional two years – MNLGA members already listing in print will receive equivalent online plant listings – Discounted packages for listings in print and online

TIRES TireBuyer.com • 5-10% discount on tire purchase • Free shipping on many products • Over 110 warehouses in the US, over 8,500 nationwide installation partners • All other purchases qualify for either free shipping or discounted shipping • Lower shipping rates than industry averages when shipping to a home or business

For full program description, discounts offered, and access to program contact information, log into the MNLGA membership portal on the MNLGA website. Portal access is located on the upper right hand corner of all pages of the website. If you do not recall your access credentials, simply select the link, “Forgot Your Password,” and you will be given instructions on how to proceed.

46 • Spring 2019

MAN MAN O O

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VIEW VIEW

RMRM FA FA

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Delivering the Confidence Delivering You Desirethe andConfidence the Value You Desirefor andover the 40 Value You Deserve years DeserveDistribution for overCenter 40 years *You Our Landscape has an SelectionDistribution of Quality Plant Material *Etensive Our Landscape Center has an Available for Pickup or Delivery Etensive Selection of Quality Plant Material for Pickup or Available Delivery *Available Field Grown Material forGrown Personal Selection * Field Material Available for *Personal Selection Potted Liners * Potted Liners

Distribution Center Availability is updated Center several times daily Distribution Availability and available your mobile phones at is updatedonseveral times daily and available on your mobile phones at www.manorview.com

www.manorview.com

15601 Manor Rd, Monkton, MD 21111 410-771-4700 fax 410-771-8246 15601 Manor Rd, Monkton, MD 21111 sales@manorview.com 410-771-4700 fax 410-771-8246 sales@manorview.com

www.manorview.com www.manorview.com

6 1 2 3 4 5 6

good reasons your company should advertise in the MNLGA’s Free State Nursery, Landscape and Greenhouse News Free State News is seen by members of Maryland’s Nursery, Landscaping, Greenhouse, Garden Center and Allied Industries and is the leading publication for members of the MNLGA

Free State News enhances your ad with important industry specific content that is educational and informative. And, the digital version gives readers direct access to your website

Free State News helps promote your company and product while providing direct access to readers in Maryland’s Green Industries

Articles are contributed by highly regarded members of the industry, many of whom have a lifetime of knowledge and are frequently published

Free State News is a cost-effective way to help keep your name out in front of the membership and your potential customers

Free State News helps support the association in its endeavors on behalf of the green industry in the state of Maryland

For more information on advertising in the Free State Nursery, Landscape and Greenhouse News contact Kelly Finney at MNLGA at 410-823-8684 or e-mail office@mnlga.org

Free State • 47

New Members We welcome the following into membership in the MNLGA. Full contact information may be found within the member portal of the MNLGA website, www.mnlga.org. We encourage you to reach out to your peer members – they may be a valuable business connection for you.

Water Becomes a Garden Kelly Billing Forest Hill, MD 21050

Artistic Landscaping, Inc. Chris Shanahan Lanham, MD 20706

The Maryland Zoo in Baltimore Stephen Fluke Baltimore, MD 21217

Reeder Insurance & Financial Services Matthew Onufrak Nottingham, MD 21236

Montgomery County Maryland Department of Environmental Protection Ann English Rockville, MD 20850 Kollar Nursery Stanley Kollar Pylesville, MD 21132

Somerset Landscaping Company Juan Lovos Oxon Hill, MD 20745 PDK Horticultural, LLC Invasive Plant Control Patrick Kelly Centreville, MD 21617

Anne Arundel Community College – Student Christine Little Stevensville, MD 21666 Spectrum Products, Inc./ Treegator Scott Cissel Wake Forest, NC 27588 Wye Gardens, LLC William Gordon Easton, MD 21601 Berger Brent Kennedy Salisbury, MD 21801

TAKE ACTION. BE HEARD. IMPACT WASHINGTON September 16-19, 2019 | Washington D.C. Register today for the Impact Washington Summit and make a difference for both your business and the horticulture industry.

•

Hear from senators, congressmen, and others influencing the horticulture industry

•

Lobby directly for issues effecting your business

•

Develop personal relationships with key lawmakers from your state

•

Influence issues impacting the horticulture industry

•

Network with other industry leaders and executives

Register Today at www.AmericanHort.org/Impact 2019_IW_MNLGA_May_Ad.indd 1

48 • Spring 2019

4/12/19 11:23 AM

It’s Time for Sharing

Your H2A and H2B Audit is Coming Jerry Faulring

F

or many years we have been advised to expect a visit from the Federal Department of Labor (DOL). A DOL investigation can be prompted for basically two reasons: an employee complaint related to wage and hour issues or just randomly. Knowing it would one day come, I could have been better prepared. It’s really hard to prepare for something that may never be an issue, but the haunting feeling may be more worrisome than doing the work.

The number of audits has been increasing in recent years and from what I hear, we should all expect an audit.

I cannot address the H2B scenario but imagine our H2A story is about the same. An investigator has the right to arrive at your place of business unannounced or with prior notice. Our audit was random.

I received the dreaded phone call on October 29, 2018 at about 4 PM from an investigator announcing he would be conducting an investigation of Waverly Farm. I had previously spoken to other business owners who were investigated so I had a vague sense of what was coming but was totally unprepared for what was ahead of me. Via email that same day I received the letter on the following page: (continued on next page)

Free State • 49

(continued on last page)

U.S. Department of Labor

Wage and Hour Division 2 Hopkins Plaza Suite 601 Baltimore, MD 21201 (443) 872-0124 Office and Fax

October 29, 2018

Jerry Faulring Waverly Farm, LLC 1931 Greenfield Rd Adamstown, MD 21710 The Wage and Hour Division of the Department of Labor is responsible for the administration and enforcement of a number of Federal labor standards laws such as Fair Labor Standards Act of 1938 as Amended (FLSA). The FLSA contains recordkeeping, minimum wage, overtime requirements, and restricts the employment of minors under the age of 18. Under our authority are the various Visa programs we enforce such as H-2A, H-1B and H-2B. Section 11(a) of the FLSA authorizes representatives of the Department of Labor to investigate and gather data relevant to this law, enter and inspect an employer’s premises and records (requested records within 72 hours), and question employees to determine whether any provisions of the law have been violated.

A compliance review of Waverly Farm, LLC. is to be performed on a date TBD at your establishment. To ensure that this review is conducted efficiently with minimal interruptions to your business operation and inconvenience to you, please have the following documents available for my review and withdrawal.

These records pertain only to the Non-H-2A employees for years 2016, 2017 and 2018. Please separate each year.

Copies that I will review of payroll and corresponding time records for all Non-H-2A employees for the past 24 months, ending with the most current completed payroll.

A list of all current and former Non-H-2A employees, their addresses, social security numbers, occupation, telephone numbers, method of compensation (hourly rate/salary) and dates of hire and termination for the past 24 months.

Names of officers, directors and principal managing officials for your business.

Copies of documents that I will take with me which reflect the annual dollar volume of business done by your business for the past three years.(Ex.1st page of tax return) A list of all employees under the age of 18 during the last 24 months including; name, date of birth, address, telephone number, occupation, date of hire, date of termination and name of school. Including copies of work permits.

The year your business started, date and state of incorporation, legal name of entity and your Federal Tax Identification number.

50 • Spring 2019

“

The investigation is not a process to teach you how to do a better job, educate, and everyone goes home. The process is to find errors and mistakes that impact negatively on the workers.

”

Company handbook, if any

What is the nature of your business?

Do you have any H-2B’s, if so let me know before my visit.

List of wholesalers you use to buy horticultural products from such as plants, flowers, shrubs and small trees.

What is your 7 day work week for payroll purposes?

List of Non-H-2A employees you consider to be exempt from OT. List of trade associations/affiliations involved in These records pertain only to H-2A workers for 2016, 2017 and 2018 seasons. Please separate by year.

1. Copies that I will review of payroll and corresponding time records for each pay period ending with the most current completed payroll.

2. List of deductions besides taxes 3. Copy of Job Order-790 4. Copy of Work Contract-9142, to include all Appendices 5. Form I-129 and H supplement 6. Form I-797’s 7. Form I-94’s 8. SWA job order 9. Newspaper advertisements 10. Recruitment report 11. List of any US worker that was laid off 12. Evidence of payment for inbound transportation to nursery from point of recruitment 13. Evidence of payment for outbound transportation from nursery to point of recruitment 14. Evidence of daily subsistence payment for inbound and outbound (continued on next page) Free State • 51

(continued from page 51)

15. Evidence of payment for all H-2A related expenses: visa fees, border crossing, etc 16. Documentation supporting the need for the temporary workers 17. Documentation regarding secondary employer/job contractor, if applicable 18. Copy of Agent contract, if applicable 19. Copy of recruiter contract, if applicable 20. Border crossing report 21. Arrival and departure dates of H2A workers for each year 22. Notification to ETA/USCIS for any H2A that did not stay to end of contract period.

23. List of H2A workers that did not stay until end of contract period as a result of abandonment or termination for cause 24. List of Non-H2A workers performing same duties as H2A workers. This includes newly employed and tenured.

25. Proof that a copy of the job order/contract was given to the H-2A worker.

26. List of charges or deposits borne by the H-2A worker during their employment 27. Address of H-2A housing 28. Owner of H-2A housing 29. Copies of visa and passports 30. Records reflecting the determination of the applicable AEWR 31. Copies of letters received from the ETA (certification, determination, etc) 32. Copy of housing permit where H-2A workers reside (WH-520) 33. Copy of housing terms and conditions (WH-521) 34. Copy of workman compensation insurance certificate 35. SWA inspection of H2A housing 36. Copy of insurance policy for vehicles used to transport any worker 37. Copy of vehicle registration for vehicles used to transport any worker 38. Drivers license copy of the person transporting the H-2A’s 39. Evidence of any fees paid to a recruiter or agent by the H2A worker 40. Housing pre-occupancy inspection 41. Notice given to H2A worker of duty to leave US at end of contract period 42. Names of workers residing in employer provided housing. Note where each worker resides.

43. Names of seasonal workers formerly and currently employed 44. Show h2a poster 45. Excel listing h2a worker, arrival, departure dates, hourly rate, residing address in US on a per year basis.

46. Describe type of work H-2A’s perform Please do not hesitate to contact me at the number listed above or via email if you should have any questions or concerns regarding this company review.

ADDITIONAL RECORDS MAY BE REQUESTED LATER. EMPLOYER MUST HAVE RECORDS AVAILABLE WITHIN 72 HOURS OF REQUEST TO AVOID A RECORDKEEPING VIOLATION. PROVIDING FALSE INFORMATION TO A FEDERAL OFFICIAL CARRIES A FINE OF UP TO $10,000.

Sincerely,

52 • Spring 2019

When I read the letter, I said HOLY S#%$!

If you read the above letter from DOL, you are correct, I was shocked by the volume of documents required going back three years. I responded immediately to tell the investigator I would not be able to comply with the 72-hour requirement. He said he was busy and to give him a call in a week to tell him how I was doing; that may not always happen.

The statement at the end of the letter “ADDITIONAL RECORDS MAY BE REQUESTED LATER” was correct.

Requests kept coming. With only two people in the office at the time, Lindsey was on maternity leave, I set about to assemble the materials on my own; Tiffany had to run the business. I estimate I spent 40 hours to comply with the initial requirements of the letter. When it was all done, I estimate I spent 100 hours on the project. 176 emails and 3 boxes of paper did the job.

As I proceeded through the project, I realized my records were okay but not complete and feared the worst related to citations and fines. I also came to understand an audit is primarily geared toward protecting the workers should an employer be unscrupulous. In other words, don’t shoot the messenger; in this case the DOL investigator. For those of us who have great respect for our workers (I actually love my men and consider them family) we feel an audit is an intrusion and major pain in the …. Think about it this way; it’s like a sales lead, if the auditor knew who the bad guys were, he could skip over the rest.

Things you need know.

Surviving an audit relies on EXTREME organization of documents for the current year plus the previous two years. If you have to organize three year’s worth of documents and they are scattered, you will have a real mess. All employee records should be well organized in a binder by person. As each year progresses additional documents may need to be prepared and organized. For example, emergency trips home, early departures, AWOL forms (we have had just one since 2003), and much more. We maintain payroll records and time cards separately; these will be looked at with a fine-tooth comb in an audit.

As you will note from the above record requirements, everyone on your staff will be looked at, not just H2A. Records should be readily available.

Maintain all documents for non-H2A staff: U.S. citizens, Alien Permanent Residents (often referred to as green card holders), and DACA staff. If they perform the same job as H2A staff, or their work overlaps with H2A, they must be treated exactly the same for pay rates, benefits, housing, etc.; collectively they are known as ‘conforming’ workers. It is interesting to note if the investigator determines one employs undocumented workers, DOL cannot take action against the employee. However, they can refer those employees to another agency.

The investigation is a not process to teach you how to do a better job, educate, and everyone goes home.

The process is to find errors and mistakes that impact negatively on the workers. As a result of the audit, I do indeed feel it was an educational experience which will allow us to do a better job going forward. During 15 years in the H2A program I wondered how we were doing. Now I know and we were actually doing a pretty good job, but not perfect.

I would say there is no need to panic although the tone of the letter and investigator put my blood pressure meds to the test. The investigator was very knowledgeable, very thorough, and knew exactly what he was doing. You will not have much influence over the outcome so there is no need to lose a lot of sleep; easier said than done.

Be very professional and courteous. Nothing good will come from being antagonistic. Do not debate.

I protested one item during the audit and lost. I supplied some of the same documents more than once but did not make a fuss.

Answer all questions truthfully but don’t offer any details not requested. Like customs and border agents, DOL investigators are probably trained, or learn, to detect less than truthful responses.

The amount of detail and regulations we must know is awesome. We have used an agent to facilitate H2A since 2003 and there were issues I was unfamiliar with during the audit; not blaming the agent. Using H2A is a very valid cost of doing business.

There are a possible 45 citations that can be administered. We could have received five citations.

The investigator said two of the five were inconsequential in our case. We did receive three citations and $2,602.50 in fines. He told me I might not have known about the violations but “could not let (continued on next page) Free State • 53

“

Surviving an audit relies on extreme organization of documents for the current year plus the previous two years.

(continued from page 53)

”

them pass”. I asked him on a scale of 1 to 10 how I did related to responsiveness and cooperation? He said I was a 10+ and said so in his report. We all like praise!

People experienced in the audit process from the legal perspective will tell you to never agree to violations and appeal them. That may or may not always be the best solution. In our situation, I felt a $2,602.50 fine was a win and could not justify additional time on my part nor legal fees to file and fight an appeal. Had my fines been a larger number, meaning a bad employer, it might have justified a legal response. The audit finished on February 1, 2019 when the citations were delivered; a long time to feel super anxious. And, I had planned on a low energy, peaceful winter.

The aftermath.

Following the audit, I decided to become a little more educated related to H2A and farm workers in general.

Do you know that documented H2A workers only comprise an estimated 3% of the American agricultural work force? The other 97% are a combination of migrant and seasonal workers of which 75% are undocumented. The knock on H2A is workers are required to work for only the employer who obtains the visas; this from National Farm Worker Ministry. I think that is unfair as we provide free housing, paid transportation from and to their homes, a guaranteed wage and mandated number of hours of work in a stable environment. Of course, there are bad H2A employers and thus the need to protect workers via DOL audits. ❦ Jerry Faulring Waverly Farm 1931 Greenfield Road Adamstown, MD 21710 310-874-8300

To learn more about the history of farm labor beginning in the 1600’s, visit: http://nfwm.org/farm-workers/farm-worker-issues/timeline-of-agricultural-labor/ I know the spring rush has begun. If you have not had an audit, I suggest you take time sooner than later to prepare for an audit. It will come.

References for your further understanding of H2A rules and regulations: http://umaglaw.org/publications-library/ Go to website, click publications and scroll down to find farm labor law. There are several very useful publications. https://www.fels.net/Data/Documents/DOL-Audits-What%20to%20Expect-and-Prepare-NCAE_6-30-10.pdf https://www.foreignlaborcert.doleta.gov/pdf/H-2A_Employer_Handbook.pdf

54 • Spring 2019

MARYLAND

N URSERY, L ANDSCAPE AND G REENHOUSE A S S O C I AT I O N , I N C .

When you have questions, We have answers…

Visit mnlga.org today!

The MNLGA web site is designed for our members and is your single source for the answer to almost any question.

The site offers: ■ Searchable Membership Directory ■ CPH program info, basic & advanced test applications and registration ■ Up-to-date industry calendar from around the Mid-Atlantic region for finding CEUs for pesticide, nutrient management recertifications, and general education in horticulture topics ■ Free State Nursery News issues and archives ■ Root of the Matter e-news issues and archives ■ MaGIC (legislative) updates issues and archives ■ Chesapeake Green - speaker resources - year round ■ Classified ads which members can post and track resumes/responses ■ Business resources ■ CEU forms

Visit today!

2020 Chesapeake Green

AN ANNUAL HORTICULTURE SYMPOSIUM

Three ways to register by fax, mail or online at www.mnlga.org

A premiere two day industry-wide education and pesticide recertification conference

Wednesday, February 19 and Thursday, February 20 Maritime Institute Linthicum Heights, MD FEATURING • Engaging Breakout Sessions and Pesticide Recertification • Vendor Showcase and Networking • MNLGA Scholarship Fund Annual Silent Auction Sponsored by

MARYLAND N URSERY, L ANDSCAPE AND G REENHOUSE A S S O C I A T I O N , I N C.

Free State • 55

I’m Certified...

Are You?

“

Earning the CPH certification lets your employer, customers, and professional network know that you have a solid understanding of the major horticultural focus areas. CPH Specialist categories offer a chance to concentrate further on particular areas such as IPM and Plant ID.

”

Leslie Hunter Cario Chesapeake Horticultural Services, LLC

Certified Professional Horticulturists (CPH) provide either “do-it-yourself” or professional landscape installation and maintenance advice.

For more information contact the Maryland Nursery, Landscape and Greenhouse Association 410-823-8684 or visit mnlga.org

You only grow the best.

Why not offer your customers the best in advice, too!

56 • Spring 2019

Maryland Certified Professional Horticulturist Program

Get Your Ag Tag Today! www.agtagmd.com

Enriching Lives Through Education in Agriculture Free State • 57

In 1971 we hosted our first event with 64 exhibitors BFG Supply (formerly Wetsel), Ingleside Plantation Nurseries, Lancaster Farms, Mobjack Nurseries, Star Roses and Plants (formerly Conard-Pyle) and Tankard Nurseries were all there.

2020 MANTS turns 50!

Help us celebrate our 50th Anniversary. We are looking for old photographs, videos, Exhibitor Guides, Programs, Orange Jackets and other memorabilia.

If you want to share written stories or memories, please contact Kelly Finney at 410-269-6959 or kelly@mants.com 58 • Spring 2019

CONGRATULATIONS to our newly-minted Certified Professional Horticulturists after passing the Basic Exam on April 16, 2019.

Hunter Anderson North Harford High School – Student Certification Karin Coppens The Behnke Nurseries Co. Olivia Desimone North Harford High School – Student Certification Alexa Franklin Sun Nurseries, Inc.

Kelly Grimes Good Earth Garden Market

Madison Roberts MNCPPC

Coley Hampton J.S. Carroccio Landscaping

John Shearin The Behnke Nurseries Co.

Yuki Jatmiko Parkside High School – Student Certification

Megan Thomas North Harford High School – Student Certification

Jason Martin City of Greenbelt

Christina Wright Ruppert Landscape HQ

The upcoming date for the Basic Exam is October 1, 2019.

The next Specialist – Plant ID exam will be held on the same date.

Free State • 59

A ME RI C A N LANDSCAPE INSTITUT E

Cultivating the Next Generation of Horticulture Professionals The American Landscape Institute (ALI) and the Community College of Baltimore County (CCBC) have created a 2-year scholarship program for high school graduates. ALI is a first-of-its-kind training and development program for the Horticulture and landscape industry. Owners of leading Baltimore area landscape and nursery companies have come together to offer employment, mentoring, hands-on field experience, and an 80% scholarship to CCBC. Student trainees work for their participating company 4 days per week and attend classes at CCBC Hunt Valley every Friday, for 2 years. On the job training begins Spring/ Summer 2019. Classes begin September 2019. Graduates earn a 2 Year Certificate in Landscape Design and Installation.

DONATE TODAY

THANKS TO OUR DONORS

Please donate to help our program grow! The American Landscape Institute is a non-profit organization and donations are tax deductible.

You can donate online or mail checks to P.O. Box 52, Monkton, MD 21111.

Visit the ALI website to learn more! http://www.american landscapeinstitute.com

If you have a current employee that would benefit from the ALI Program or want to sponsor a student, call 410-688-5115 or email martha@americanlandscapeinstitute.

60 • Spring 2019

Free State

Your AD Here “It pays to advertise”

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Every issue is in print and online Call Kelly Finney today for rates and advertising dates, 410-823-8684 or email kelly @mnlga.com.

YES, I want a subscription to

Free State News

Contact us with your request and we’ll add you to the mailing list.

Subscriptions are $35 annually; MNLGA will invoice you upon receipt of your subscription request. (members need not subscribe) Name___________________________________________________________________________________________________________ Business_________________________________________________________________________________________________________ Address_________________________________________________________________________________________________________ City, State, Zip____________________________________________________________________________________________________ E-Mail___________________________________________________________________________________________________________ Mail/Fax or e-mail: Free State, MNLGA, P.O. Box 726, Brooklandville, MD 21022 or e-mail: freestate@mnlga.org

PUBLICATION NOTICE: The deadline for submissions for the summer issue of Free State Nursery, Landscape and Greenhouse Newsis July 1, 2019.

We welcome your company news and updates or columns with your professional insight.

E-mail anysubmissions to Free State News at freestate@mnlga.org or mail to: Maryland Nursery, Landscape, and Greenhouse Association P.O. Box 726, Brooklandville, MD 21022

Free State • 61

Chairs and Committees Education Ronda Roemmelt – Chair Angela Burke Dave Clement Hank Doong Stanton Gill Pete Gilmore Brett Karp Mary Kay Malinoski Brian Mitchell John Murphy Karen Rane Andrew Ristvey Ginny Rosenkranz Brent Rutley Chuck Schuster Heather Zindash Nominating Mark Dougherty – Chair Richard J. Watson Finance and Planning Carrie Engel – Chair Jessica Todd Larry Hemming John Murphy Link/Shanks Scholarship Mark Dougherty – Chair MANTS Jan S. Carter Bernard E Kohl, Jr. William A. M. Verbrugge Membership Committee Rich Poulin Greg Stacho Awards - Professional Achievement, Carville M. Akehurst Michael Marshall– Co-Chair Kevin Clark - Co-Chair

Legislative/MaGIC James R. McWilliams– Chair Mark Schlossberg All Officers and Directors Alan Jones Bernie Kohl CPH George Mayo - Chair Steve Black Cindy King Andrew Ristvey Martha Simon-Pindale Bob Trumbule Gaye Williams Jon Vander Vliet Scholarship Bernie Kohl, Jr. – Chair Hank Doong Leslie Hunter-Cario Jessica Todd George Mayo Mary Claire Walker

ADVISORS TO OTHERS CCLC – Ches. Bay Professional Landscape Certification (CBPL) Kody Cario Invasive Plant Advisory Committee Brent Cassell Leslie Hunter Cario Kelli McGaw LEAD Maryland Vanessa Finney Maryland Agriculture Commission Ray Greenstreet Vanessa Finney (at-large) Maryland Farm Bureau Larry Hemming Vanessa Finney

MAEF George Mayo

Economic Survey Steve Black Larry Hemming Bernie Kohl George Mayo John Murphy Jessica Todd Dr. John Lea-Cox Kimberly Rice Dr. Andrew Ristvey

Maryland Invasive Species Council (MISC) John Marshall

Historian George Mayo – Chair

Young Farmers Advisory Council Jessica Todd

MDA Nutrient Management Advisory Committee Signe Hanson University of Maryland – Dean’s Global Leadership Council Vanessa Finney

ADVISORS TO THE BOARD Kimberly Rice MD Department of Agriculture Dr. John Lea-Cox University of Maryland

Every member of every committee listed above is an individual who volunteers their time in support for the MNLGA and it is with the utmost gratitude and appreciation that we thank you for your selfless endeavors.

If your name is not listed above, please consider following the example of those who are. Contact Vanessa at 410-823-8684 with your interest.

62 • Winter 2018

MARYLAND

N URSERY, L ANDSCAPE AND G REENHOUSE A S S O C I AT I O N , I N C .

creative design solutions

Mission Statement The purpose of the Maryland Nursery, Landscape and Greenhouse Association is to promote the use of ornamental plants, products, and services. The association supports all constituent groups of the horticulture industry including landscape, garden centers, interiorscape, grounds maintenance, nursery, greenhouse, and arboriculture. The association communicates the role of the horticulture industry in improving people’s quality of life.

Specific Goals Promote professionalism through education programs for members and the public and by encouraging enrollment in educational institutions.

Monitor state and local laws relating to horticulture industry.

Participate actively in legislative and regulatory processes.

Promote the use of environmentally sound practices in the horticulture industry.

Monitor and communicate to members developments in allied industries including agritechnology.

Advertising Brochures Direct Mail Catalogs Logo Design Package Design Trade Show & Vehicle Graphics

Support donations of plant products and services to state and community programs.

Support research relevant to the horticulture industry.

Participate in Maryland agricultural organizations.

Gregory J. Cannizzaro Graphic Design 410-444-5649 • gjc.graphicdesign@yahoo.com

Free State • 63

WE’RE

GROWING FOR YOU

Foxborough Nursery, Inc. 3611 Miller Rd. / Street, MD 21154 phone 410.836.7023 / fax 410.452.5131

View Photos & Plant Information at www.foxboroughnursery.com