The Scoop Online - March 2016

Marketing Is Everything

Also Inside

Beetle Mania

Landscape Awards Good Contracts Member News

YOUR VOICE MATTERS MNLA helps members engage in legislative and regulatory affairs

Vol: 39 No: 3 Mar 2016 T H E O F F I C I A L P U B L I C AT I O N O F T H E M I N N E S O TA N U R S E R Y & L A N D S C A P E A S S O C I AT I O N

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Volume 39 No. 3 Mar 2016

CONTENTS 13

45 26

IN THIS ISSUE 8

Events

10 From the President New MNLA President Herman Roerick on how MNLA helps to build his business.

43

13 Explaining Pesticide Applicator Licensing and Certification The Minnesota Department of Agriculture ensures qualifications and competency through training and testing.     

19 Marketing Is Everything Jeff Korhan clarifies how important it is to add value to our products and services at every stage of the buyer’s journey. 

26 Beetle Mania Faith Appelquist spotlights an insect that is becoming more prevalent as our pine trees come under more stress.  

38 MNLA Foundation-Funded Research These three projects have received a total of $20,000 in funding from your MNLA Foundation. 

43 Initially Intimidating, Ultimately Rewarding Derek Tweten describes how becoming involved in MNLA’s government affairs impacted him. 

49 Landscape Award Winners Congratulations to the MNLA member companies behind these projects.    Landscape & Hardscape Install & Design  Garden Services & Landscape Management  Garden Centers  Growers: Nursery & Greenhouse  Irrigation & Water Management  Arborists & Tree Services  All

22 Bee-Centric? How About Consumer-Centric?

Jason Rathe submitted this response to the January 2016 government affairs column.

24 Awards Gala Photos from the MNLA’s celebration on January 13, 2016.

34 Gopher State One Call Changes for 2016 Andrew Lindquist explains the upgraded procedure for utility locate tickets.

45 Wage Survey Available Now How does your compensation stack up?

47 Developing Good Contracting Skills Patrick McGuiness reminds us that having solid contracts saves time and money.

58 Breaking Through to Higher Ground New MNLA Foundation Chair Dean Engelmann on facing the industry’s challenges.

62 Issue Alert: Minneapolis’ Working Families’ Agenda Scott Frampton highlights a Minneapolis City Council proposal that could increase the cost of doing business.

The Scoop, March 2016, Issue 3, is issued monthly, 12 times per year.

All original works, articles or formats published in The Scoop are © Minnesota Nursery & Landscape Association, 2016, and may not be used without written permission of MNLA, 1813 Lexington Ave N., Roseville, MN 55113. Subscription price is $99 for one year, which is included with member dues. POSTMASTER: Send address changes to The Scoop, MNLA, 1813 Lexington Ave N., Roseville, MN 55113.

Editorial Contributions. You are invited to share your expertise and perspective. Article ideas and manuscripts should, whenever possible, reflect real and specific experiences. When submitting an article, please contact the publisher at jon@mnla.biz or 651-633-4987.

MNLA reserves the right to edit all Scoop content.

March 16

MNLA .biz

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AD LIST MINNESOTA NURSERY & LANDSCAPE ASSOCIATION Successful Businesses Grow Here!

1813 Lexington Ave. N. Roseville, MN 55113 651-633-4987 • Fax: 651-633-4986 Outside the metro area, toll free: 888-886-MNLA, Fax: 888-266-4986 www.MNLA.biz • www.NorthernGreenExpo.org

MISSION: The mission of the Minnesota Nursery & Landscape Association is to help members grow successful businesses.

BOARD OF DIRECTORS

herman roerick, president

Central Landscape Supply 320-252-1601 • hermanr@centrallandscape.com

scott frampton, vice-president

Landscape Renovations 651-769-0010 • sframpton@landscaperenovations.com

tim malooly, cid, clia, cic, secretary-treasurer Water in Motion 763-559-7771 • timm@watermotion.com

randy berg, mnla-cp

A Top Notch Equipment ................................................................................... 20 Alliance Designer Products .............................................................................. 23 Ancom Communication & Technical Center .................................................... 17 Anderson Nurseries, Inc. .................................................................................. 18 Bridgewater Tree Farms ................................................................................... 37 Bullis Insurance Agency .................................................................................... 18 Carlin Horticultural Supplies/ProGreen Plus ..................................................... 41 Central Landscape Supply ................................................................................ 59 Cushman Motor Co. Inc ................................................................................... 37 Edney Distributing Co., Inc. ............................................................................. 17 Fahey Sales Agency, Inc. .................................................................................. 39 Frontier Ag & Turf ............................................................................................. 31 Fury Motors ...................................................................................................... 36

Berg’s Nursery, Landscape/Garden Center 507-433-2823 • randy@bergsnursery.com

Gardenworld Inc. .............................................................................................. 59

matt mallas

Gertens Wholesale & Professional Turf Supply ................................................... 2

Hedberg Supply 763-512-2849 • mmallas@hedbergaggregates.com

mike mcnamara

Hoffman & McNamara Nursery & Landscaping 651-437-9463 • mike.mcnamara@hoffmanandmcnamara.com

john o'reilly

Otten Bros. Garden Center and Landscaping 952-473-5425 • j.oreilly@ottenbros.com

jeff pilla, mnla-cp

GM Fleet and Commercial ................................................................................. 3 Hedberg Landscape & Masonry Supplies ........................................................ 46 Hiway Federal Credit Union ............................................................................. 11 Jeff Belzer Chevrolet .................................................................................. 32–33 Kahnke Brother Tree Farms .............................................................................. 59

Bachman’s Inc. 612-861-7600 • jpilla@bachmans.com

Klaus Nurseries ................................................................................................. 41

nick sargent

Lano Equipment, Inc. ....................................................................................... 59

Sargent’s Landscape Nursery, Inc. 507-289-0022 • njsargent@sargentsgardens.com

cassie larson, cae

MNLA Executive Director 651-633-4987 • cassie@mnla.biz

STAFF DIRECTORY

executive director:

Cassie Larson, CAE • cassie@mnla.biz

membership director & trade show manager:

Mary Dunn, CEM • mary@mnla.biz communications dir.: Jon Horsman, CAE • jon@mnla.biz education/cert manager: Susan Flynn • susan@mnla.biz

legislative affairs manager: Tim Power • tim@mnla.biz regulatory affairs manager: Jim Calkins • jim@mnla.biz administrative asst: Gayle Anderson • gayle@mnla.biz accountant: Kris Peterson • kris@mnla.biz foundation program coordinator:

Out Back Nursery ............................................................................................. 39 Plaisted Companies ............................................................................................ 7 Prairie Restorations, Inc. ................................................................................... 31 RDO Equipment Co. ........................................................................................ 40 Reliable Property Services ................................................................................ 40 Resultants for Business, Inc. (RFB) ..................................................................... 55 Rock Hard Landscape Supply division of Brian's Lawn & Landscaping, Inc. .... 18 The Builders Group .......................................................................................... 41 The Tessman Company .................................................................................... 29 Tri-State Bobcat, Inc. ............................................................................ 15, 42, 48

Paulette Sorenson • paulette@mnla.biz

Truck Utilities, Inc. ............................................................................................. 31

advertising sales: 952-934-2891 / 763-295-5420

Unilock ................................................................................................................ 4

Faith Jensen, Advertising Rep • faith@pierreproductions.com Betsy Pierre, Advertising Mgr • betsy@pierreproductions.com legislative affairs consultant: Doug Carnival

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Volume 39 No. 3 Mar 2016

➾ G OS C

MNLA .biz

March 16

Versa-Lok Midwest ............................................................................................ 12 Ziegler CAT ......................................................................................... Back Cover

➾ C ALE N DAR

MNLA Event

MNLA Event

C

ER

TIFIE

FE

N

O PR

MNLA.biz

AL

MNLA Certification Exam MNLA Classroom, Roseville

MAR9

MAR6–7

D

CERTIFICATION FRIDAYS IN MARCH

➾

MAR 2016

SSIO

MNLA is offering the exam on multiple dates in 2016 — Pick a test date that works for you.

Prove what you know and become a Certified Professional!

54TH ANNUAL MINNESOTA SHADE TREE SHORT COURSE

➾

10:00 am–11:00 am MNLA.biz Mt. Cuba Center is a former DuPont family estate turned public garden that specializes in plants native to the eastern United States.

Join Research Horticulturist, George Coombs as he details how they select and evaluate native plants for superior garden performance.

This talk will pay special attention to two of their most recently completed trials on Heuchera and Coreopsis.

— Aging Trees and Landscapes: Minnesota’s Green Assets Bethel University, Arden Hills cce.umn.edu/shadetree A two-day course for everyone involved in urban forestry and arboriculture.

MNLA Event

MAR29 ➾

DESIGN/ MAINTENANCE RELATIONSHIP SYMPOSIUM —

Cutting Edge Information On The Latest Trend In Sustainable Garden Design And Care MidPointe Event Center, St. Paul

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MNLA .biz

March 16

Webinar NATIVE PLANT RESEARCH AT MT. CUBA CENTER

MNLA Event

APR6–7 ➾

PESTICIDE CERTIFICATION WORKSHOP & EXAM Roseville Oval, Roseville

MNLA.biz

MNLA.biz

Explore the relationship between design, management and perception of care in diverse, dynamic planting compositions.

Prepare for the Category A & E Pesticide Applicator Certification Exam by attending this 1½ day study program.

Day 2 includes testing, if desired.

2016 MNLA seminars generously supported by:

SALES • SERVICE • RENTALS • PARTS

MNLA Event

MAR24

MNLA Event

MNLA Event

MAR16

➾

GREEN INDUSTRY DAY ON THE HILL

MAR 21–22

➾

PESTICIDE CERTIFICATION WORKSHOP & EXAM

State Capitol, St. Paul MNLA.biz This annual government affairs event is an opportunity to make personal connections with legislators that will provide greater political strength to MNLA as an organization and, thus, ultimately to your business.

LOW VOLTAGE IRRIGATION TECHNOLOGY TRAINING (PLT Relicensure) – pending DOLI course code

Hiway Federal Credit Union, St. Paul

MNLA Classroom, Roseville

MNLA.biz

MNLA.biz

Prepare for the Category A & E Pesticide Applicator Certification Exam by attending this 1½ day study program.

Day 2 includes testing, if desired.

This class provides eight hours (2 hours of code, 6 hours of technical training) of continuing education requirements for the Power Limited Training Licensure, with material orientated specifically towards the irrigation specialist.

MNLA Event

JUL26

MNLA Event

➾

JUL14

WIDMER GOLF TOURNAMENT

2ND ANNUAL MNLA NIGHT AT THE SAINTS GAME

Keller Golf Course, Maplewood MNLA.biz

CHS Field, St. Paul

➾

MNLA.biz Take a break and enjoy a ball game at CHS Field.

We have reserved the craft beer corner for our group. Ticket price includes a meal and reserved seat.

KEY:

Join your fellow Hackers for Horticulture at the 26th Annual Widmer Golf Tournament.

An awards reception immediately follows the tournament with a chance to win great prizes. Proceeds benefit the MNLA Foundation Research Fund.

Event Education

➾

All information on these and other industry events are online at MNLA.biz.

March 16

MNLA .biz

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➾ F R OM THE PRESIDEN T

Building MNLA Relationships Is a Key to Success I would like to take this time to thank all the members of the MNLA for electing me as their President. I am honored and privileged to have been a part of the MNLA for the past 25 years and to serve you as a leader gives me great pride.

Herman Roerick

Beetle Mania

Marketing Is Everything

Also Inside

Central Landscape Supply, Inc.

Landscape Awards Good Contracts Member News

YOUR VOICE MATTERS MNLA helps members engage in legislative and regulatory affairs

Vol: 39 No: 3 Mar 2016

T H E O F F I C I A L P U B L I C AT I O N O F T H E M I N N E S O TA N U R S E R Y & L A N D S C A P E A S S O C I AT I O N

When I started my business 25 years ago this March, I knew that the MNLA would have a positive impact and influence on my company. I exhibited at the MNLA show in January of 1991, and from then on I knew that this association would be a huge asset to my company, and ideals in terms of education, certification, networking, commerce, and so much more.

Just to give everyone an introduction to myself and my life; I grew up in Albany, which is a small town in central Minnesota, and graduated from Albany High School. I attended the University of Minnesota Crookston to pursue a degree in Natural Resource Conservation. I met my amazing wife-to-be there, and we were married after we graduated college in the spring of 1984.

I began my career in the landscaping community while in high school, working for a company called Lund’s Farmer Seed & Nursery, owned by my aunt and uncle.

They did everything from retail to landscaping. During every season I worked we were busy, and even though I was only making $1.75 an hour, I was having fun, and this introduced me to my passion for landscaping.

After graduating from college, I went to work for the U.S. Forest Service in the Chequamegon Natural Forest in Washburn, Wisconsin for one year as a seasonal employee. At that time, the forest service was not really hiring full time positions for someone like myself and so that sent me out to seek other avenues in

which I could work in a field I liked. My wife and I decided to move back to central Minnesota, where I began working for Creative Landscaping in Saint Cloud as a foreman for a landscape crew. We had residential and commercial projects in central Minnesota and in the metro area as well.

In 1987, Master Mark Plastics contacted me and asked if I would be interested in starting a company called Interstate Landscape Supply, selling lawn edging and evergreens. I agreed and helped build that business which added more products that fit the landscape contractor’s needs. In the fall of 1990, I parted ways with the company I helped create, and in the spring of 1991, I started my own wholesale supply company, Central Landscape Supply, Inc. Deep down I have always had a great relationship with nature and the outdoors and have seen Minnesota as an amazing place to grow this connection. What better place is there to enjoy the great outdoors than in the Land of 10,000 Lakes? Fishing, hunting, planting trees, and gardening — I love it all!

From day one, Central Landscape has carried a large supply of nursery stock, perennials, and trees. These have all been a very important part of my business and today we grow over 30,000 perennials and have a tree farm that stocks our wholesale yard. Over the years we have partnered with many of the MNLA nursery and

ON THE COVER:

MNLA places a strategic focus on growing the association’s capacity to influence regulations affecting members, including environmental, horticultural, construction, and small business issues. This month’s Day on the Hill (March 16) is the cornerstone event where members take an active role with our lawmakers, but The Scoop is also an ongoing venue for government affairs involvement. This month Scott Frampton, Jason Rathe, and Derek Tweten utilize their opportunity as MNLA members to make other members aware of issues that affect green industry businesses.

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MNLA .biz

March 16

greenhouse members to help stock our yard, and the relationship that my company shares with the association has always remained strong and very important.

Building relationships over the years has been the key to my success and the success of Central Landscape Supply. Without vendors, customers, employees, and friends, I would never be where I am today.

Thank you so much for giving me the opportunity to share my ideas and outlook for the future of the MNLA. I look forward to serving as your President, and if you have any concerns, issues, problems, ideas, or questions, please do not hesitate to email me at hermanr@centrallandscape.com or call me at 320-252-1601.

I look forward to serving all the members of the MNLA. Thank you so much.

Sincerely, Herman Roerick P.S. I also wanted to let you know that my favorite tree is the Ohio Buckeye. I have a large tree in my yard and have been collecting nuts for years, and I’m currently growing liners on the west coast. It is a great tree with gorgeous color in the fall, and a beautiful, fragrant flower that the bees love! It’s just a hum when you walk under the tree in the spring!

HERMAN ROERICK can be reached at: hermanr@ centrallandscape.com

March 16

MNLA .biz

11

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EXPLAINING PESTICIDE APPLICATOR

LICENSING AND CERTIFICATION The Minnesota Department of Agriculture (MDA) regulates the use, handling, distribution and storage of agricultural chemicals in the state. The MDA also licenses qualified persons to apply pesticides for private and commercial purposes. The agency ensures qualifications and competency through testing, certification, licensing, and training.

The Minnesota Department of Agriculture

March 16

MNLA .biz

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➾ P E S T I CIDE APPLICAT O R L I C EN SI N G AN D C ERTI FI CAT I O N

Pesticide Regulation

Federal and state laws governing pesticide distribution and use are designed to protect human health and the environment. The Environmental Protection Agency (EPA) delegates authority to the MDA to regulate pesticides under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). The MDA also has authority under the Minnesota Pesticide Control Law and related statutes and rules.

Applicators who apply pesticides on farms, in the field and forest, in orchards and nurseries, at co-ops, in commercial facilities, or for pest control companies need to demonstrate qualifications to obtain a pesticide license. Also, golf course workers who apply pesticides on the property must be licensed by the MDA. The MDA issues Commercial, Non- Commercial or Structural Pest Control license types. The MDA also issues a Private Pesticide Applicator certification to farmers.

This article explains basic steps to obtain a license. Detailed information is available on the MDA website www.mda.state.mn.us (under pesticide applicator licensing).

Commercial, Structural and Non-Commercial

A Commercial Pesticide Applicator applies pesticide for hire or on a contract basis. This license is required to apply any pesticide for hire.

A Non-Commercial Pesticide Applicator applies pesticide as a condition of employment to property owned or controlled by an 14

MNLA .biz

March 16

MNLA is offering two 2-day workshops this spring to help you prepare for the Category A & E Pesticide Certification Exam: March 21–22 and April 6–7.

For details and to register, visit MNLA.biz.

employer. This license is required to apply Restricted Use Pesticides (RUP).

A Structural Pest Control Applicator (SPCA) controls pests in or around structures on a for hire or contract basis. An SPCA may be licensed as a Journeyman, or with enough experience, as a Master.

Category of Pesticide Use

You must demonstrate competency by passing exams before a license is issued. First, you must pass the Core category and at least one other category exam for license eligibility.

Categories describe specific patterns of pesticide use. You can find a list of categories on the MDA website. The University of MinnesotaExtension has exam study manuals to help you prepare.

Commercial and Non-Commercial applicators may certify in categories such as Turf and Ornamental, Field Crops, Rights-of-Way and others. Structural Pest Control applicators can certify in three different categories.

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RENT IT.

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There are many types and sizes of machines to suit every job.

Chippers have capacities from 6 inches all the way up to 21 inches and we have stump grinders small and nimble enough for yards or large and powerful enough for high production work.

Call or stop in to speak to a Rentals Specialist who will recommend the best equipment for your needs!

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➾ P E S T I CIDE APPLICAT O R L I C EN SI N G AN D C ERTI FI CAT I O N

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Basic Steps to Licensing

• Determine the categories you need.

• Purchase the study manuals from the U of M-Extension Bookstore.

• Study the manuals and prepare for your exam.

• Complete license application form.

• Pay license application fees.

• Schedule the exam: Contact the MDA St. Paul office, 651/201-6633 or check the website for an exam site near you.

• Comply with license requirements.

License Requirements

Licenses expire annually at the end of December. Application fees are nonrefundable and not transferable. Some applications require financial responsibility. Application fees must be paid before taking certification exams.

Once fees are paid and you pass the exam, an official license ID card will be mailed to you. Carry the ID card with you when applying pesticides.

About Exams

• Exams are only administered during business hours and are not timed.

• A person gets three attempts to pass the exam. If you do not pass, you must wait until the following year to apply again.

WE’VE GOT YOU COVERED

When you need to give your crew direction.

• Exam questions are written as multiple choice and are closed book.

Answers must be at least 70 percent correct in order to pass.

• Calculators and scratch paper are provided.

• Exam must be completed without assistance. No reference materials or cell phones are allowed in the exam room.

Two-Way Communications

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March 16

MNLA .biz

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Successful Grower for 40 years!

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MARKETING IS EVERYTHING In a world where customer experiences are readily shared across many communication channels, everything about your business is marketing. What’s interesting is that what is shared is usually the result of either an amazing or inferior customer experience, because that’s what gets talked about.

Jeff Korhan | New Media and Small Business Marketing

March 16

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➾ MA RKETIN G

L

et that sink in for a moment.

That’s right, average is rarely noticed and quickly forgotten. This is why I think of average as the new failure, and suggest you should, too.

Every touchpoint with your business matters, starting from when buyers first discover it online to long after the acquisition and consumption of products and services. A powerful way to enhance that experience is with the right content, in the right place and at the right time.

In both of my sessions at 2016 Northern Green Expo, How to Use Social Media to Sell and Customer Experiences, I made the statement that if you are not familiar with or using content marketing today, your marketing will fail.

That comment received smiles and nods from a few audience members and blank stares from the rest. Let’s clear that up by defining content marketing and discussing why your green industry business should be practicing it.

According to the Content Marketing Institute, “Content marketing is the creation and distribution of valuable, relevant and consistent content that attracts, engages and inspires a clearly defined audience, with the objective to ultimately drive profitable actions.”

It’s not too difficult to grasp that driving profitable actions is marketing, but how does a business attract, engage, and inspire an audience? Consider this publication. You would be less likely to read it if it were mostly traditional ads.

You tune in to media like this for helpful tips and advice, relatable stories and case studies, and everything else that gives you ideas for running a better business. This media content earns your attention, which is why advertisers want to be associated with it.

If that makes sense, you’ve made the shift to content marketing, even though you may not know it by that name. We used to market products and services, now we promote content and social media that add value to our products and services at every stage of the buyer’s journey, thereby making our business more attractive than the others.

The profitable actions that follow are a by-product of that relationship nurturing process.

saying and doing. Hopefully, this includes sharing stories about why they love working with your business.

Remarkable customer experiences are the “Holy Grail” of modern marketing. Remember when you started your business and cared for those first customers like they were family, and for some they probably were? Those intimate relationships and that personal touch are the heart of modern marketing.

It’s knowing your customers so well that you anticipate their needs to create solutions to problems they didn’t even know they had.

One way to gain these insights is by studying the behavior of your website visitors with Google Analytics. Better yet, it is by making appointments to have conversations with real customers.

If I were getting started with marketing a green industry business today, I would charge my front line salespeople, production staff and admins with discovering and curating the most common customer concerns. As the owner, I would then develop training programs for addressing those issues at every single stage of the buyer’s journey.

Together we would practice telling the right stories that are the solutions for the common scenarios that come up again and again.

Over time I would streamline that narrative across every channel our business uses to communicate with customers, including the telephone, email, our website, blog and social media channels.

Most importantly, I would build my list of email subscribers and commit to consistently sharing fresh versions of those solutions and stories to educate and nurture relationships with our community of customers, influencers and prospects.

If everyone in your company that has contact with customers brought just one story to your weekly staff meetings and it was captured in a few sentences, you would soon have more valuable content than you could ever use to help customers and populate your social media channels.

The good news is that content marketing and social media are like exercise. Regardless of whether you are starting new or picking up from where you stopped, if you begin now and stay with it your marketing will soon be in better shape than most of your competitors.

Good luck.

How to Get Started and Better with Modern Marketing

My definition of modern marketing is everything that works today.

This obviously includes a mobile responsive website, engaging social media, and just about everything else your business does (or does not do) that impacts the customer experience.

Whether he or she is in sales, marketing or production, everyone in your company influences what your customers are thinking, feeling,

JEFF KORHAN, MBA,

is the author of Built-In Social and founder of Landscape Digital Institute. Connect with Jeff on Twitter @ jeffkorhan and learn more at LandscapeDigitalInstitute.com.

March 16

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➾GOV E RN MEN T AFFAIR S

Bee-Centric?

How About Consumer-Centric?

Note: Jason Rathe submitted this response to Tim Power’s government affairs column, “Is ‘Pollinator-Friendly’ the Same as ‘Pollinator-Attractive?’” from the January 2016 Scoop. Tim’s response to Jason follows this article.

Jason Rathe

Field Outdoor Spaces

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MNLA .biz

It is a common practice for those of us who have more progressive viewpoints to accept that we are in the minority in the MNLA and do not create too strong of an opposition to the majority views. But I do think that the defense that Tim Power made of the MNLA support of the revision of the Pollinator Labeling legislation in the January 2016 Scoop misses a point important to us all.

Mr. Power labels those who supported the 2014 legislation as “bee-centric.” The word bee-centric I am sure is intended to marginalize or simplify those of us who support the original law. If there was a word or words that more generously defines the original Pollinator Labeling Law, I would say it is “consumer-centric” or “transparency-centric.”

The original law, if anything, attempted to create more transparency around the labeling of plants. We should keep in mind that this was consumer-driven legislation that really caught on like wildfire in 2014. In my life in the industry I have never seen something go from an idea to legislation so fast, nor saw something that so many of my clients knew about and asked about so quickly. In supporting the revision to the 2014 law which makes the original law utterly pointless, I believe the MNLA has put itself in opposition to this upswell of popular opinion and, therefore, to our clients.

Not all members of the MNLA are producers. Mr. Power seems to imagine the “bee-centric” as a small, misinformed outside force trying to impose its will on producers. But many MNLA members are large and important consumers of plants, too. We find that the original law created a new (but brief ) Age of Transparency where it was appearing possible to know what was going into the plants that our companies recommend and install on our client’s properties. This is a good

March 16

thing. I believe that I have the right to know what is in the plants I buy and judging by the reaction of the public to the issue, I think this is a commonly held belief.

As producers in the MNLA, I would hope that labeling your plant material accurately would be an opportunity to assert your professionalism and horticultural-knowledge and stand-behind your well-chosen growing strategies.

But the support that MNLA makes of the revision of the law tells the consumer at the least that we don’t believe they have the right to know what goes into their plants and maybe even that producers are trying to hide what is going into plants. Either way I think this is a break in trust between producers and consumers that will have long-term impacts. With a population that is turning away from gardening can our industry afford to disregard the consumer demand for transparency?

JASON RATHE is the lead designer and owner of Field Outdoor Spaces and can be reached at field@ fieldoutdoorspaces.com.

Thanks for your response, Jason. As I said in my article, I hesitated to use the term “bee-centric,” but found no other defining characteristic other than the group members’ support of the 2014 law as written. I would agree that there is a wide diversity of opinion amongst MNLA members about the nursery pollinator labeling law and the changes that took effect after the 2015 session. However, I would not characterize those who support the original law as misinformed, but rather as representing one end of the spectrum of opinion within our membership.

TIM POWER is MNLA’s Legislative Affairs Manager and can be reached at tim@mnla.biz.

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➾ MNLA AWARDS GALA

The evening of Wednesday, January 13, 2016, was a special night for MNLA. We honored Julie King as the Volunteer of the Year, and inducted Forrest Sargent into the MNLA Hall of Fame. Plus, 15 individuals were recognized for completing the Green Industry Leadership Institute, and nine projects received an MNLA Landscape Award.

GALA

Terri and Steve Wilcox of Resultants for Business flank Green Industry Leadership Institute honoree Rick Winter of Prescription Landscape.

L–R: Pete Hoffman, Cassi Hartman, Aaron Smith and Josh Connor all of Hoffman & McNamara Nursery and Landscape; Chad Buran, Margolis Company; Chris Wacker, Bailey Nurseries.

Faye Sargent, Sargent’s Landscape Nursery; and Anne Matzek, Sargent’s Nursery Red Wing share a smile near the gallery of 2016 Landscape Award project posters.

L–R: Son Nick (MNLA Board of Directors), wife Faye, grandson Jay, daughter-in-law Nina, and granddaughter Sophie Sargent all came to celebrate with Forrest Sargent at his induction into MNLA’s Hall of Fame.

L–R: Jennifer and Jim Wilson, Wilson's Nursery, Inc.; MNLA President Herman Roerick and Andy Prose, Central Landscape Supply.

THANKS TO THE VOLUNTEERS ON THE LANDSCAPE AWARDS TASK TEAM: Eric Baldus, TerraVista Landscape and Design Julie King, Sage Landscape Design Colleen Moran, Southview Design David Sonka, Landscape Design Studios Tyler Grissman, Phillips Garden

Nicole Richards and Linda Littlefield, Orijin Stone.

Julie King of Sage Landscape Design accepts her Volunteer of the Year Award from MNLA Past President and Master of Ceremonies Heidi Heiland.

THANK YOU TO OUR 2016 AWARDS SPONSORS:

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MNLA FOUNDATION Improving the Environment by Investing in Research and Education

1813 LEXINGTON AVE. N | ROSEVILLE, MN 55113 | 651-633-4987 | FAX 651-633-4986 | MNLA@MNLA.BIZ | WWW.MNLAFOUNDATION.COM

PARTNERS FUND You are encouraged to participate in the Research & Education Partners Fund at one of the participating suppliers recognized below. Your voluntary donation of Âź of 1% (0.25%) on purchases of plants and other nursery, greenhouse and landscape products at these suppliers is used by the MNLA Foundation to grow a brighter future for the industry.

On an invoice totaling $1,000 at one of these suppliers, your contribution will be only $2.50. Your individual contribution is small, but collectively these small contributions will add up to make a real difference!

Research for the Real World

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➾ B E E T L E MAN IA

BEETLE MANIA

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Faith Appelquist | Tree Quality, LLC

I have observed something that is probably so obvious that some people may feel this statement is superfluous, but here I go...any weak tree will be attacked by predatory entities. They may be beetles, aphids, scale, fungi, termites, or various other diseases or animals.

March 16

MNLA .biz

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➾ B E E T L E MAN IA

Pines successfully colonized by bark beetles are killed by adult and larval feeding in the phloem (which can girdle the tree) and by colonization of the sapwood with bluestain fungus that the beetles introduce. The bluestain fungi spread into the xylem and block water flow, serving to hasten tree death.

I

Beetle-killed trees can be distinguished by the reddish color of their foliage, compared with yellow for trees dying from other causes.

When beetles leave a tree, their emergence holes look like scattered shot-holes on the surface of the outer bark.

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t is a common reaction in humans to treat or blame the symptoms instead of the root cause. Do not assume that the predator is the initial cause of the tree’s decline.

Such is the story of the red pine (Pinus resinosa) and pine bark or engraver beetles (Ips spp). Consider them old friends who have evolved together for thousands of years. In the circle of life, bark beetles are opportunistic members of Mother Nature’s clean-up crew. Under favorable conditions, healthy trees can defend themselves by drowning the tiny pine beetles in resin. But as temperatures have risen in recent years, the insect’s population and winter survival rate have skyrocketed.

Stressed by disturbances such as prolonged drought, logging, fires, construction, urban sprawl, or other human activities, trees lose their ability to defend themselves from borers. Their natural defenses-such as a heavy flow of resin-fail to keep invaders out. Compromised defenses combined with an excessive beetle population act like a pack of wolves attacking an elk. When they gang up on the tree in large numbers, they’re able to overcome its resistance.

➾ B E E T L E MAN IA

In some cases, the application of an approved insecticide that coats the entire tree trunk may be warranted to protect high-value landscape trees from infestation.

Beautiful galleries left by beetles as they feed beneath the bark give them the name ‘engravers’.

I suspect we will see more of this phenomenon with many species as the climate changes and trees are unable to adapt fast enough. A similar situation involving the mountain pine beetle outbreak which occurred in Canada, one of the largest tree pest epidemics in the world, is attributed to the lack of prolonged freezing in winter.

What can you do?

• Minimize beetle populations through removing, chipping or burning infected trees before April 1.

• Proactively replant a diverse selection of disease-resistant, drought tolerant tree species.

• Avoid compacting, physical damage, or pavement over roots.

• Provide adequate spacing (15 to 20 feet) between trees.

Because beetles emit a pheromone to attract more beetles to the party, care should be taken to ensure that all infested trees are cut, including those trees that may not show symptoms yet, to prevent continued population growth from remaining in infested trees.

• Maintain proper soil nutrient and pH levels by using needle or pine bark mulch over the root zone in place of turf grass.

• Provide supplemental deep watering during extended drought periods.

• Do not use nitrogen fertilizer which can increase tree stress.

• In some cases, the application of an approved insecticide that coats the entire tree trunk may be warranted to protect high-value landscape trees from infestation. is an ISA Board Certified Master Arborist, an ISA Municipal Specialist MN, and an ASCA Registered Consulting Arborist®. Faith can be reached at faith@treequality.com.

FAITH APPELQUIST

Stressors such as turf grass, edging, trunk wounds and artificial lighting can weaken trees and make them susceptible to beetle attack.

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âžž G OS C

GOPHER STATE ONE CALL

CHANGES FOR 2016 Minnesota utility location service, Gopher State One Call, is implementing a new procedure for submitting and processing excavator and utility locate tickets.

Andrew Lindquist | Links Systems, Inc.

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Figure 1. GSOC Products

B

eginning January 1, 2016, One Call Concepts, Inc. (OCC) will provide all locate notification services for the Minnesota One Call Excavation Notification Center. This new online ticket location service is named GSOC 2016 and joins with other states in offering a streamlined web based technology. The new service enhances the excavator and facility operator’s (power, communication and other utilities) ticketing process. Along with ticketing services, the GSOC 2016 website provides a calendar of events, instructional videos, and various training materials to assist with the new excavation ticketing process.

Access and use of the new ticketing process is free and includes free training seminars and/or online training opportunities. To register for free GSOC 2016 training, visit the GSOC website at www. gsoc2016.org/training-event-calendar/, visit the GSOC website, or call 877-848-7472.

A mobile app for the GSOC 2016 software is also available. The mobile app allows the creation of E-Tickets, ticket searches, utility locate verification, utility color codes, and GSOC Handbook access.

The mobile app is available through the Apple App Store or Google Play. Search for “GSOC” or “Gopher State One Call” to find a compatible mobile friendly app.

The GSOC 2016 site offers software (referred to as “products”) for the excavation ticketing needs. Excavators use the “ITIC” (Internet Ticketing Process) and “ETM” (Excavator Ticket Management) products for defining their excavation parameters and for managing locate tickets. Facility Operators (utilities) use the “IMAP”(Internet Mapping) and “LTM” (Locator Ticket Management) products for identifying their utilities and communicating their “located” status to excavators.

A short summary stating the features for each of the of the products follows: Excavator Products: (ITIC® & ETM) • ITIC®: Internet Ticketing is the software tool that generates

notifications to utilities of the planned excavation work. The ITIC® process allows the excavator to map their digging areas using a visually driven and fully interactive interface. ITIC® defaults to a Google Satellite map that is intended to improve the ability to accurately depict the excavation area(s).

Excavators do have the option of using an alternate GSOC call center map or a “normal” Google map when laying out the digging areas. The ITIC® page contains a right-side menu that provides the necessary options for site and excavation data entry. A “live chat” button is available for assistance, along with downloadable manuals and video tutorials.

During the ticketing process, the excavation work may be automatically broken-up into additional tickets, as determined by pre-established GSOC rules. Any additional tickets that may be created, if unneeded, can be discarded. Modification of the utility location information can be entered. However, any changes in the utility location information section of the ticket will force the ticket to be reviewed by GSOC staff, thus possibly delaying the excavation start date.

When the ticketing session is completed, two actions are initiated. First, any utility with identified product in the excavator designated digging area(s) will be notified. Secondly, an email copy is sent to the excavator for each ticket released into the ITIC® system. The email contains a weblink to the ETM (Excavator Ticket Management) product.

The excavator uses the ETM web-link to view the excavation information along with utility location/locating updates. To amend or cancel an existing ITIC® ticket, the excavator must use the ETM product.

• ETM: The Excavator Ticket Management product allows the

excavator to view and manage their historical and current locate request tickets. Updates as to utility locating status are also found here. Access to ETM is through the GSOC 2016 website or by using the web-link provided in the ITIC®’s confirmation email(s).

At the top of the excavator’s ETM page is a listing for all of their active tickets. There may be several excavation tickets associated for each worksite along with excavation tickets for other worksites. Clicking on any individual ticket will open-up its details along with optional ticketing action. Available details and action options include: ‘Utility Status,” filing a “Remark” Request, “Adding Attachments,” and “Cancel a Ticket.” An “Excavator Information” section is available, allowing the excavator to leave comments for other site contractors or facility managers to reference. Additionally, an interactive map is available to view the ticket’s original mapping layout.

There are multiple mapping layout views available, such as: OCC, satellite, or several Google perspectives. Excavators can modify/amend the ticket here, adding to or decreasing digging areas. Doing so may delay the excavation date due to the change in the locate notification requirements. Therefore, during the initial ITIC® process, you would want to slightly over-estimate your digging areas rather than under-estimate them.

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Facility Operators Products:

• IMAP: IMAP is a free mapping and data management product for facility operators (utilities and the like) to manage and modify their utility location for excavation locate purposes. Available 24/7/365 through both laptop and mobile device, IMAP allows the utility to add, delete, or edit their utility containing areas into the maps used in the ticketing process. These “Areas of Notification” that the utilities create during the IMAP process, will automatically populate the ticketing maps used by the excavator during their ITIC® process. Excavators receive real-time data related to the location of underground utilities that might be present in their digging areas that is disseminated through the LTM product.

• LTM: Locator Ticket Management product provides real-time ticket information and performs many of the routine tasks required to handle the flow of ticket information received during the GSOC notification and locating process. Among its many features, the LTM is the tool used by the utility to notify the excavator’s ETM product of the utility’s completion for ticketed locates at each digging site (referred to as a “positive response” for locates from the utility).

The new GSOC 2016 system will improve the accuracy and flow of communication between excavator and utility, assuring safer digging for all. Prior to the season becoming too active, be sure to visit the GSOC 2016 website and spend some time becoming familiar with the helpful changes.

You can register for a free online webinar or attend a free seminar. A free “ticket practice site” (called the “ISITE”) is available for excavators to practice creating non-active tickets.

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➾R E S E ARCH FOR THE R EAL WO R L D

MNLA Foundation-Funded Research 2015–2016 The mission of the MNLA Foundation is “to improve the outdoor living environment in the North Central Region by investing in research and education.”

Dr. James Calkins

Research Information Director MNLA Foundation

As a result, the MNLA Foundation is committed to providing the nursery and landscape industry with quality research information and has supported applied nursery and landscape research through competitive research grants for many years. As a result of the economic downturn that started in 2008, the Foundation did not fund new research projects for several cycles (2009– 2013), but was able to fund research in 2014 and again in 2015. For the 2015/2016 funding cycle, $20,000 was available and the MNLA Foundation sought research grant applications related to four focus areas including horticultural marketing and sales, new cultivar development, sustainable landscape management, and the sustainable production of plants for the green industry.

Four applications were received by the November 2015 deadline with a total funding request of $36,518. These applications were reviewed by a research advisory panel in mid-November and three of the four projects were recommended for funding. The research advisory panel’s endorsements were approved as recommended by the MNLA Foundation Board in mid-December.

The research projects funded for the 2015/2016 cycle are as follows: • Dwarf, Potted Gladiolus – A New Product R&D (Project Leader: Dr. Neil Anderson, Department of Horticultural Science, University of Minnesota) — the project will investigate a new phenotype of gladiolus as a flowering potted plant. The new phenotype is currently represented by five short-statured, large-flowered gladiolus hybrids that have been developed by Dr. Neil Anderson at the University of Minnesota. The five hybrid selections being investigated range in height from 15–24 centimeters (6–10"). Four of the five selections include ‘Beatrice’ (Gladiolus ×

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hybridus), a recently selected hybrid gladiolus that is believed to be hardy to USDA Cold hardiness Zone 4, in their pedigrees. The goals of the research include clonally propagating additional plants for experimental purposes (initiate shoots and ultimately rooted plants and corms from tissue-cultured callus), further characterizing the morphological characteristics of these five selections based on leaf number and morphology, flowering and flower characteristics (e.g., flower bud initiation, days to flowering, flower longevity, flower size, and fragrance), inflorescence characteristics (e.g., buds/flowers per inflorescence, inflorescence metrics, and number of inflorescences/corm), and stature. Additional goals include characterizing the genetic variation among the five clones (genotypes), developing an ideotype (model or ideal plant type) for dwarf potted gladiolus, and formulating a production schedule for the commercial production of dwarf potted gladiolus. It is anticipated that one or more of these selections will be named and released for production. Dr. Anderson suggests these short-statured gladiolus could be sold directly to consumers as corms or grown as flowering potted plants for spring, summer, and fall sales and may revolutionize the gladiolus market to the benefit of growers, distributors, and consumers. This one-year research project fits with the MNLA Foundation’s new cultivar development focus area and was awarded $8,000 in funding.

• Clarification of the Identity, Epidemiology, and Host Range of Xanthomonas Blight of Hydrangea (Project Leaders: Dr. Angela Orshinsky, Department of Plant Pathology, University of Minnesota; and Kathryn Zuzek, University of

Four applications were received by the November 2015 deadline with a total funding request of $36,518. These applications were reviewed by a research advisory panel in mid-November and three of the four projects were recommended for funding.

Minnesota Extension) — The research will seek to identify the species and pathogenicity of pathogenic bacteria isolated from the tissues of symptomatic hydrangea plants (Hydrangea spp.). Bacterial blight has been documented in the Upper Midwest (Iowa, Minnesota, and Wisconsin) and can negatively impact the aesthetics, vigor, and health of hydrangea plants during production and in the landscape. Effective controls do not exist for bacterial blight and bacterial diseases in general. Bacteria isolated in 2014 were identified as Xanthomonas spp. or Pseudomonas syringae based on gene sequencing methods, but it was not possible to identify that Xanthomonas isolates to the species level using this technique. For this project, the bacteria isolated from symptomatic hydrangea tissues in 2014 and additional isolates collected in 2016 will first be identified using DNA marker techniques. Once the identities of these bacteria have been determined, they will be assessed for pathogenic activity using leaf and stem tissue from various hydrangea selections.

The species of bacteria that are determined to be pathogenic will then be tested on five species of hydrangea and a number of specific hydrangea cultivars that are commonly planted in landscapes, including climbing hydrangea (Hydrangea anomala subsp. petiolaris), smooth hydrangea (Hydrangea arborescens), panicle hydrangea (Hydrangea paniculata), bigleaf hydrangea (Hydrangea macrophylla), and oakleaf hydrangea (Hydrangea quercifolia). Knowing the identities and host ranges of the specific species of Xanthomonas pathogens should be helpful in the development of resistant hydrangea cultivars. This one-year project fits with the MNLA Foundation’s sustainable landscape management and sustainable production focus areas and was awarded $7,000 in funding.

• Flowering, Seed Set, and Seed Viability in Mutagenized Berberis thunbergii (Project Leader: Dr. Alan Smith, Department of Horticultural Science, University of Minnesota) — Japanese barberry (Berberis thunbergii) is increasingly being recognized and regulated as an invasive species (non-native species that have escaped cultivation and threaten native ecosystems). The seedy varieties Japanese barberry (varieties that average more than 600 seeds/plant) have been listed as Specially Regulated Plants under the MN Noxious Weed Law (http://www.mda.state.mn.us/plants/ pestmanagement/weedcontrol/noxiouslist.aspx) and following a phase-out period that ends on December 31,

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âžž R E S E ARCH FOR THE R EAL WO R L D

2017, these seedy varieties and the wild type will become Restricted Noxious Weeds. The primary goal of this project is to assess the reproductive potential of Japanese barberry plants selected from a population of plants that had been mutagenized using high-energy radiation. The plants of interest exhibit reduced fruit and/or seed production, reduced seed size, and other novel traits alone or in combination. The research will characterize these plants based on flower structure, flower number, fruit and seed production, and seed viability (germination) compared to normal, non-mutagenized plants.

The identification of stable selections of Japanese barberry that exhibit reduced seed production and/or reduced seed viability and understanding the mechanisms involved can hopefully result in the selection of cultivars that are not invasive and allow the continued production and sale of Japanese barberry as a landscape plant.

Success with Japanese barberry using the proposed techniques may also indicate that similar results might be possible with other invasive species.

This two-year project fits with the MNLA Foundation’s new cultivar development focus area and was awarded $5,000 in funding.

The MNLA Foundation looks forward to the completion of these research efforts and will report the findings to the MNLA membership when the research projects have been completed.

To comment on this research update, suggest research topics of interest, or pass along a piece of research-based information that might be of interest to your industry colleagues, please email us at Research@MNLA.biz.

THE MNLA FOUNDATION'S MISSION is to improve the outdoor living environment in the North Central Region by investing in research and education.

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INITIALLY INTIMIDATING;

ULTIMATELY REWARDING There is a multitude of things evolving in the green industry right now, both in the private sector and in the Minnesota State Legislature.

Derek Tweten | Barrett Lawn Care

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➾ DAY O N THE HILL

A

s we all know this is a very interesting and impactful time in the green industry. Some proposed changes, regardless of the outcome, will impact nearly every profession within the green industry.

The MNLA hosts an annual event called Green Industry Day on the Hill, and also has a Government Affairs Committee. Both of these are operated on a volunteer basis, and each of its functions is to be a liaison between the industry and the Minnesota State Legislature. These two entities have similar goals, yet they’re also quite different in the way they’re executed.

The Government Affairs Committee closely monitors potential issues and opportunities in the green industry. This industry is constantly presented with evolving technology, chemicals, regulations, legislation, codes, etc. The committee then determines which items are deserving of MNLA involvement, and the appropriate course of action. The committee works closely with the MNLA Executive Director, the MNLA Regulatory Affairs Manager, the MNLA Legislative Affairs Manager, and a Legislative Consultant.

The Green Industry Day on the Hill is a volunteer effort orchestrated by MNLA that brings green industry professionals face-to-face with Minnesota State Legislators for a discussion on predetermined topics. The Government Affairs Committee selects a handful of current, pertinent issues and compiles information on each one for each volunteer. This aids in keeping involved parties on the same page, and provides a congruent message from industry to legislator. All appointments with legislators involved are organized

by MNLA staff, keeping the day running smoothly.

It would be understandable to be intimidated by the thought of interacting with people of this prominence. I can personally relate to 44

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those feelings and inhibitions as I just began getting involved on this level a year ago. An important thing to acknowledge is that these legislators, for example, are regular people too. Sure, they hold positions of great authority, influence, and responsibility, but at the end of the day they are just professionals as we are each in our individual roles.

The ventures these groups engage in can easily go unnoticed and unrecognized as they happen “behind the scenes,” so to speak. However, the impact of their efforts is tremendous on all of us as citizens, employees, and business owners.

Becoming personally involved and taking action certainly isn’t something fitting for everyone out there. For those of us who are apt to enlist in this activity, it’s imperative to do the research and get involved. Our continued success as an industry rides in part on the accomplishments of volunteers like these. Our elected officials author the legislation that we all must abide by. The better they are kept informed, the better the possible outcome. I can speak firsthand; sure it can be intimidating, but it’s also rewarding.

With so many issues facing our industry, this may be a great year to get involved and voice your opinion! is the newest member of the MNLA Government Affairs Committee and can be reached at derek@barrettlawncare.com.

DEREK TWETEN

This year's Green Industry Day on the Hill is on March 16, 2016. For details and to sign-up now, go to MNLA.biz.

➾ WA G E SURVEY

2015 WAGE SURVEY HOW DOES YOUR COMPENSATION STACK UP? It’s been a long-time challenge for nursery and landscape businesses to find the best ways to fairly compensate employees while still attracting and retaining the most desirable candidates. Underpay, and employees will eventually look for a better offer. Overpay, and your budgets and profitability will suffer. That’s why the Minnesota Nursery & Landscape Association partnered with Readex Research to complete a 2015 Wage Survey.

A total of 863 members were surveyed and 126 members took part — a 15% response rate. The following are a listing of positions that garnered enough respondents to provide average wage data in the report.

Retail Nursery/Garden Center — average wages reported for manager, asst. manager, sales personnel, general labor, and cashiers.

Wholesale Nursery (Woody Plants) — average wages reported for general labor, pesticide applicators, and inside sales.

Wholesale Greenhouse (Annuals, Perennials) — average wages not reported for any positions as there were not a critical mass of respondents.

Landscape Contracting — average wages reported for division manager, field supervisor, foreman, assistant foreman, designers, general labor and shipping/ receiving.

Hardscape Contracting — average wages reported for foreman, designers, and general labor.

Irrigation — average wages reported for division manager, residential foreman, commercial foreman, service technician, and general labor.

Landscape Management (Turf Care, Fertilization, Snow Plowing) — average wages reported for division manager, foreman, pesticide applicators, general labor, skid steer operators, truck operators, and sidewalk operators.

Landscape Design (For Independent Design Firms Only) — average wages not reported for any positions as there were not a critical mass of respondents.

Professional Gardening Services — average wages reported for foreman and general labor.

Tree Care/Arboriculture — average wages reported for arborist, technician /pesticide applicator, and general labor.

In addition to compensation, the report also includes job descriptions for each position as well as the percentage of companies offering a variety of benefits to seasonal vs. part-time vs. full-time employees.

The executive summary offers an in-depth analysis of key data to help you to accurately interpret trends in compensation and benefits.

MNLA members may purchase an electronic copy of the report for $99 and non-members may purchase an electronic copy of the report for $149.

ORDER ONLINE AT WWW.MNLA.BIZ TODAY!

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➾ LE G AL ISSUES

Developing Good Contracting Skills Utilizing proper contracts saves time and money.

Construction and Landscaping Contracts

Patrick McGuiness

Zlimen & McGuiness PLLC

In the world of construction and landscaping, proper contracting skills are a must. This can seem like a daunting task to undertake while you’re busy running a business, but in the end having a good contract and using it effectively can save you time and money, as well as increase customer satisfaction and reduce disputes. The contract is about defining the relationships, roles, and responsibilities of each party. It will determine what is to be done, when it is to be done, where it is to be done, how much it will cost, and will define who is performing the tasks. In the event of a disagreement, parties will look to the contract for how issues will be handled. Every project is different, so it’s important to complete the fill-in portions of the contract accurately for each job. Additionally, review the fixed terms in your agreement to make sure each term applies to each specific situation. If a dispute arises, all parties will look to the contract for the terms.

Example

Party A contracts with Party B for Party B to a build a retaining wall on Party A’s property. But neither Party A nor Party B specify a time frame for the project to be completed. Party A is anticipating the project would be on that analysis. Yet Party B was never planning on being able to complete the project that quickly. Because Party A does not have what it wanted, it terminates the contract. Would Party B be required to return the money paid? While the answer may seem obvious, the real answer is, “look at the contract.” What if Party B believes it was wrongly terminated? Was Party A justified in terminating Party B under the contracted for terms?

Contract Fields that Should be Included

As you can see, disputes often lead to rabbit-hole types of questions, but those questions will need to be answered.

And the best way to get those answers is to have a well-written complete contract by developing good contracting skills and utilizing proper contracts. Your contract should contain fields that you complete for each job, such as the scope of work, materials list, dates for estimated start and completion, etc. Your contract should also include standard provisions that will apply to most or all of your jobs. For a construction or landscaping contract, these can include: 1) a utilities clause that lays out who is responsible for marking private and public utilities; 2) a promotional use clause that allows you to take and use pictures of the job for promotional purposes; 3) an attachments or mergers clause that references and includes related documents, such as a bid sheet, diagram, change order, or other important document; 4) a termination clause that states how the parties can end the contract if necessary; 5) Governing Law and Choice of Law provision that determines what state’s law is applied to the contract, as well as where any disputes will be litigated; 6) Warranty and Indemnity Clauses specifying that one party may hold the other party harmless for certain activity or legal purpose; 7) Amendments (specifying how changes and modifications to the contract can be made).

There are many other clauses that are important for landscaping contracts. Make sure you protect yourself and your business by documenting each deal you make with a customer. on business matters and should not be relied upon as legal advice. A qualified attorney must analyze all relevant facts and apply the applicable law to any matter before legal advice can be given. If you would like more information regarding business law or other legal matters, please contact Zlimen & McGuiness, PLLC at 651-206-3203 or pmcguiness@ zmattorneys.com.

THIS ARTICLE PROVIDES GENERAL INFORMATION

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You never know when a heavy snowfall will require an early morning and fast action. That’s why Tri-State Bobcat offers winter-ready machines and the widest selection of snow removal attachments in the business.

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2016 MNLA

LANDSCAPE AWARD WINNERS Several members of the Minnesota Nursery and Landscape Association (MNLA) were recently honored with the 2016 MNLA Award for Excellence in Landscape. Nine projects received awards, and you can view all submitted photos and read the project descriptions by visiting the project gallery at https://mnla.nonprofitcms.org/a/gallery?roundId=6.

Congratulations to the companies and personnel behind these projects!

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➾ LANDSCAPE AWARD S

2016 MNLA LANDSCAPE AWARD WINNERS

All winning projects were displayed in a gallery during the 2016 Northern Green Expo and were recognized at the MNLA Awards Gala. A video showing five photos from each project and judges’ comments is online at https://www.youtube.com/watch?v=Hu0TUFwgfJ4. All winners receive the posters shown at Expo and many other marketing assets as well. MNLA creates a photobook, a video, and a plaque for each award given, plus delivers a linkable project page in its gallery, a sample press release, a winner’s crest, guidelines for pitching projects to local home magazines, and tips for marketing your award to other media.

DID YOU KNOW? Entries are NOT judged against each other. In any given year, ALL entries could win awards, or NO entries could win an award. Each entry is judged against the standards of excellence. Judges must decide whether an entry, in their opinion, meets or even exceeds those standards.

Firm: Ground One Enterprises Project: Kluchka Dewey Residence Entrant: Nathan Anderson Team members: Nathan Anderson, Landscape Architect Pat Weiss, Project Manager Jeff McCabe, Project Estimator Andres Morales, Foreman 50

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2016 JUDGES’ CHOICE WINNER

Firm: Windsor Companies Project: West-Metro Lakehouse Entrant: Christopher Ochs

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➾ LANDSCAPE AWARD S

Firm: Savanna Designs, Inc. Project: Boutwell’s Landing Care Center Courtyard Entrant: Jim Hagstrom Team members: Savanna Designs, Inc. — landscape architect, water feature design, pathways, shapes & materials and planting design; InSite Architects, Inc. — lighting, pool wall details, railings and bridge railing Subcontractors: Margolis Company — landscape plantings; Tier One Landscape — water feature installation and brick pavers

Firm: Southview Design Project: All in the Family Entrant: Tim Johnson

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Firm: Stonepocket, Inc. Unique Landscapes Project: Shade to Sun, a Garden Transformation Entrant: Tim Heelan

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➾ LANDSCAPE AWARD S

Firm: Yardscapes, Inc. Project: St. Mary’s Greek Orthodox Church Interior Courtyard Entrant: Clayton Johnson

Firm: Ground One Enterprises Project: Hagemann Residence Entrant: Nathan Anderson Team members: Nathan Anderson, Landscape Architect Pat Weiss, Project Manager Jeff McCabe, Project Estimator 54

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March 16

Save up to $8,500 on select models.

Rebates up to $8,500 on your choice of Dodge, Jeep, and Chrysler vehicles. Available to all MNLA members! Contact Mary at the MNLA office for more information at 651-633-4987 or mary@mnla.biz.

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➾ LANDSCAPE AWARD S

Firm: Mom’s Landscaping & Design Project: Andersen Residence Entrant: Heather Grossmann

Firm: Mom’s Landscaping & Design Project: Coastal Modern Resort Entrant: Heather Grossmann

THANK YOU TO OUR 2016 AWARDS SPONSORS: The MNLA Landscape Awards is a program of recognition for installed landscapes. Submitting companies must be MNLA members who offer design, installation, design/build, bid/build, or other landscape specialty to their clients.

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2016 Model Year Exclusive Allowance. Save up to $6,550 on select GM models.

MNLA and GM Fleet & Commercial are proud to offer a money-saving partnership which will save members thousands of dollars! You will receive a credit on your purchase of up to $6,550 on select 2016 GM models. For more information, contact Mary Dunn at mary@mnla.biz.

CAREER CENTER:

ONLINE JOB BOARD 1

Looking for a new job? Search the MNLA Career Center job postings on www.MNLA.biz for free - no membership required.

2

MNLA members: Use this valuable service to list your full time and seasonal positions.

Only $40 for a 60day listing. Login to www.MNLA.biz and click on “Career Center’ in the menu to get started today.

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➾ MNLA FOUN DATION

Breaking Through to Higher Ground It is with great honor and enthusiasm that I assume the role as chair of the MNLA Foundation.

Dean Engelmann

Tangletown Gardens

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Let me first thank all the trustees that have come before me and congratulate them on their fine job, which has brought the Foundation to the level that it is today.

I would like to especially thank those who have recently completed their term on the Foundation Board: Debbie Lonnee, Mike McNamara, Mary Meyer, and Bert Swanson. Each of you has played a role in furthering the mission of the Foundation and your contributions and commitments have been greatly appreciated. Assuming the role as chair on the heels of Bert Swanson will be no easy pair of shoes to fill. Bert has worked countless hours to help improve the industry we all love, and I wish to say a special “thank you.” As sad as we are to see these fine folks move on, we are equally excited to welcome a new group of trustees to the Board. They are as follows: Angela Orshinsky, U of MN Plant Pathology; Mark Bailey, Bailey Nurseries, Inc.; Dave Kleinhuizen, Margolis Companies; and Heidi Heiland, Heidi’s Lifestyle Gardens, serving as MNLA past president.

Trustees that are currently serving and will continue to serve are Dale Bachman, Bachman’s Inc.; Dennis Ullom, Instant Green Tree Planting, Inc.; Seth Midura, Natural Creations; and Jay Siedschlaw, Hennepin Technical College. This is a great group of individuals with diverse backgrounds and strong industry connections.

I’m excited to work with them in furthering the mission of the Foundation.

As many of you know, we have many challenges facing our industry. Finding and retaining qualified personnel in what seems to be an ever-shrinking pool of individuals coming into the industry is just one of those challenges. The Foundation, through Career Development and Scholarships, is working hard to get more talented individuals into the pool. We are in a very different economic climate and things are changing around us faster March 16

We plan to reach out to the industry at large for guidance, direction, and confirmation that our agenda aligns with their specific needs. than most of us would like. To meet the needs of the industry and pursue the mission of the Foundation, we need to look forward and think in a way that aligns the Foundation with the world around us. This is obviously easy to say but harder to accomplish. We, as trustees, look forward to this challenge and are committed to furthering the noble mission of the Foundation, just as all those who have served before us. These are monumental challenges that no one board can solve by themselves.

We look forward to a close working relationship with the Association Board in the hopes that we can find opportunities to work together toward our common goals. We plan to reach out to the industry at large for guidance, direction, and confirmation that our agenda aligns with their specific needs. The good news: we all have a common thread that connects us. We all want to see a healthy, vibrant nursery and landscape industry that thrives and delivers not only to our customers, but also to those that make this industry their life’s work. I welcome any and all suggestions or comments and look forward to the work ahead.

DEAN ENGELMANN,

is the owner of Tangletown Gardens, can be reached at dean@tangletowngardens.com or 651.303.6546.

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➾ ME MBER N EWS

MEMBER NEWS SAM PITULLA: INDUSTRY PIONEER PASSES Samuel John Pitulla, a native of Buhl, Minn., died December 24, 2015 in Elmhurst, Ill. He was 86 years old.

Sam was born in Detroit, Mich. on March 7, 1929. His family moved almost immediately to the ‘Range’, Northern Minnesota’s Iron Range Region.

Pitulla began his horticulture sales career with Northrup King Seed. He became NK’s national sales manager and moved to Chicago, where he married Joanne Pelton, of Chicago, IL and had three children. Joseph, John, and Mary. In 1960, he started a horticultural sales manufacturer’s representative business, initially selling packaged seeds. Sam is recognized as a pioneer in the lawn and garden industry. Some credit him with being one of the first to ‘put dirt in a bag’. Literally Sam, and a few others, began bagging dirt and soil for retail sales. The bagging of soils and mulches dramatically altered the retail landscape. Sam was an original, and longtime exhibitor and promoter of the Mid America trade show (Mid-Am). He was known nationally through his work with NK and Hyponex. Sam retired from Pitulla Sales at the turn of the century. His sons, Joe and John, continue to be manufacturer’s representatives in the Lawn & Garden industry.

A Life Celebration party was held in Illinois, on December 26, 2015 for Sam. He will be buried in Buhl, Minn., at Lakeview Cemetery. A family gathering and service will be held on the ‘Range,’ this summer.

STERLING ARBOR TO JOIN ENVIRONMENTAL DESIGN

MNLA member Sterling Arbor LLC announced that it has a pending agreement to be acquired by Environmental Design, Inc. Terms of the acquisition were not disclosed. Sterling Arbor, founded by Jim Paul and based in Scandia, Minnesota, has become known over the years for legacy tree planting projects including the Lakewood Mausoleum, the Cargill corporate campus, and many private properties. The firm will continue to operate as Sterling Arbor in collaboration with Environmental Design.

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NEW XCEL ENERGY CHANGES BRING SAVINGS TO WATER WELL PUMP USERS Xcel Energy announced changes in the Minnesota Motor and Drives Efficiency rebate program to make it easier for commercial and industrial customers to get a rebate for variable frequency drives on water well pumps with high static head. Xcel Energy is the first utility in the country to offer this prescriptive product from 1–200 horse power.

This VFD rebate was previously part of the custom rebate program but has now been moved to a prescriptive rebate to encourage more customers to enroll. It is now easier and requires less paperwork. This measure will be offered to commercial and industrial customers that have water well pumping in their facilities including golf course/landscape irrigation, agricultural irrigation, and more.

“This can mean additional and significant savings for our customers who are looking for more sophisticated ways to save,” says Shari Kelley, Xcel Energy product portfolio manager. “This program is perfect for customers who have already participated in lighting, cooling or recommissioning programs.”

The Department of Energy reports that pumping systems account for nearly 20 percent of the world’s electrical energy demand and range from 25–50 percent of the energy usage in certain industrial plant and commercial operations.

For requirement information or more about Xcel Energy’s energy efficiency and rebate programs, please visit xcelenergy.com/ motorefficiency.

WELCOME NEW MNLA MEMBERS! 7 Sisters Greenhouse LLC Julie Jacques Hastings, MN, 651-675-6103

JL Theis, Inc. Jamie Theis Jordan, MN, 952-237-6097

Ron Clark Construction Michael Roebuck Edina, MN, 952-947-3000

Bevlor Utilities Jerry Richert Forest Lake, MN, 612-801-8145

Leslie’s Garden Eric Graham Burnsville, MN, 612-598-8410

Snowmen, Inc. Andrew Jutila Cloquet, MN, 218-269-6633

D.C. Contracting LLC Doug Jeans Forest Lake, MN, 612-221-2688

Mathison Development Loren Mathison Clearwater, MN, 970-948-7989

Spruced Huis Heidi Wilk Stillwater, MN, 612-991-9282

David J. Busch Landscape Design Dave Busch Maple Grove, MN, 612-280-5696

Minnesota Landscape Professionals Jeff Rynders Eden Prairie, MN, 763-772-5452

Sterling Operating Systems, Inc. Jill Olson Long Lake, MN, 952-697-1060

Fenne’s Outdoor Services Branden Fenne Lakeville, MN, 952-292-0544

Our Farm Craig Davis Hayfield, MN, 507-438-0736

Supreme Lawn & Landscaping, Inc. Brian Lahr St. Cloud, MN, 320-251-1739

Fratttallone’s Ace Hardware Autumn Olson Arden Hills, MN, 651-288-8882

PM Services LLC Philip Engelman Andover, MN, 612-599-8629

The Pond Company Lisa Greeney Bloomington, MN, 952-378-1079

GoliathTech Jeff Prebil Blaine, MN, 612-405-7785

Progressive Development Wade Blumke Pillager, MN, 218-838-0484

Urban Escapes Courtney Epperly St. Paul, MN, 612-964-4283

SILENT AUCTION The MNLA Foundation held its second Silent Auction at the 2016 Northern Green Expo. Thanks to the generosity of many donors and the vision and hard work of Bert Swanson, Dennis Ullom, Debbie Lonnee, and her assistant Sarah Fowler, the MNLA Foundation was able to raise over $7,500, enough for more than seven scholarships. There was everything from a fireplace and trees to wine, game tickets, and vacation packages donated.

Thanks to the businesses and individuals who donated items for the silent auction and to those who bid! All proceeds from the silent auction go into next year’s scholarship fund.

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➾ LA S T WORD

ISSUE ALERT

Scott Frampton

Landscape Renovations, Inc.

WARNING: $12.00–$15.00 MINIMUM WAGE AND MANDATED PAID SICK TIME AHEAD! Are you aware that the Minneapolis City Council has proposed several mandated workplace policies referred to as the Working Families’ Agenda? These mandates would require businesses that conduct business or perform work in the city of Minneapolis to pay a higher minimum wage that could be as much as $15.00 per hour plus mandated paid sick time. These are just two examples of the proposed mandates.

Regardless of your view on the merits of these proposals, if you are conducting business in the City of Minneapolis, these new policies will increase your cost of doing business, and will add record keeping responsibilities to your day-to-day work list. While these proposals may not directly impact your business today, passage of such an ordinance in Minneapolis will surely influence other communities in which you base your business.

This is one of many topics the Government Affairs Committee (GAC) is actively monitoring and is engaged in on your behalf. Several Minneapolis-based companies have reached out to MNLA staff and Government Affairs Committee members expressing concern regarding this issue and the potential impact it will have on their business, customers, and employees.

The Minneapolis City Council is moving quickly and your help as a concerned stakeholder will be welcomed. If expanding government regulations and mandates are a concern to you and your business, please consider volunteering your time and expertise with other interested members. You can help in many ways and if you are so inclined, perhaps apply to join the Government Affairs Committee.

To help, please contact Cassie Larson, MNLA Executive Director or Tim Malooly, GAC Chair at timm@watermotion.com or at 763-559-1010.

MNLA and its partners have a track record of successful outcomes where regulations pose a threat to member businesses. We work as a team, regardless if the issue directly impacts our business or not. If it’s a member issue, it’s an issue.

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