The Scoop Online - May 2016

Busy & Broke Is Bad Biz!

Also Inside

Organic Control of White Grubs

Mulch Madness Out & About Plant Right

KNOW THE LAW The Latest on WPS, Utility Locates, Plant Packaging & Labeling, Tree Ownership, Labor Laws and more‌

Vol: 39 No: 5 May 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

FREE DISPOSAL! Logs Branches Brush Wood Chips

(leaves and stumps not accepted)

We can come to you! Now offering mobile tub and horizontal grinding services. Call for a quote.

Wood Products & Services www.sstree.com | 651.451.8907 405 Hardman Ave. S. | So. St. Paul, MN 55075

Volume 39 No. 5 May 2016

CONTENTS 23

54 43

IN THIS ISSUE 8

Events

10 From the Executive Director MNLA Value From A to Z 14 MDA Update Steven Shimek lists some important reminders from the Minnesota Department of Agriculture.

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17 Organic Control of White Grubs in Minnesota Shay Lunseth shares treatment options for controlling these turf-damaging pests.  

23 Mulch Madness What is the proper way to mulch a tree? Why? Faith Appelquist gives some answers.     

26 Plant Right An introduction to Plant Right, a science-based protocol to evaluate plant invasiveness.  

43 Busy & Broke Is Bad Biz! Are you working on the things it takes to make a profit in your business?   

32 Out & About Photos of MNLA members from several recent events.

39 Day on the Hill Report Tim Power notes that over 50 visits were made with legislators on March 16th.

40 WPS Changes, Part I These changes to the federal worker protection standards must be implemented by January 2, 2017.

54 Utility Locates Don’t forget to click or call before you dig.

60 New Certified Professionals Congratulations to the newest MNLA CPs! 62 Pollinator Garden POP Materials Released Encourage your customers to plant and register a garden for the Million Pollinator Garden Challenge.

47 Trees, Neighbors, and the Law Brandon Gallagher Watson offers some good advice to keep you and your client from getting sued.  

57 Deduct Meal Breaks Automatically Patrick McGuiness helps to clarify the legal (and illegal) ways to deduct meal breaks automatically.   Landscape & Hardscape Install & Design  Garden Services & Landscape Management  Garden Centers  Growers: Nursery & Greenhouse  Irrigation & Water Management  Arborists & Tree Services  All

The Scoop, May 2016, Issue 5, 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.

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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.NorthernGreen.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

Alliance Designer Products .............................................................................. 29 Bachman’s Wholesale & Nursery ...................................................................... 11 Borgert Products, Inc. ....................................................................................... 35 Bullis Insurance Agency .................................................................................... 68 Carlin Horticultural Supplies/ProGreen Plus ..................................................... 20 Central Landscape Supply ................................................................................ 22 Cushman Motor Co. Inc ................................................................................... 45 D. Hill Nursery Co. ............................................................................................ 20 Edney Distributing Co., Inc. ............................................................................. 48 Erosion Products LLC ....................................................................................... 22 Fury Motors ...................................................................................................... 52 Gertens Wholesale & Professional Turf Supply .................................................. 2 GM Fleet and Commercial ................................................................................. 3

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

Gopher State One-Call ..................................................................................... 45

matt mallas

Haag Companies, Inc. ...................................................................................... 58

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

Hedberg Landscape & Masonry Supplies ........................................................ 50 Hiway Federal Credit Union.............................................................................. 30 Jeff Belzer Chevrolet.................................................................................. 36–37 Kubota Dealers.................................................................................................. 25 Landscape Alternatives .................................................................................... 55

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

Maguire Agency ............................................................................................... 22

nick sargent

Out Back Nursery ............................................................................................. 22

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

cassie larson, cae

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

Plaisted Companies .............................................................................................7 Prairie Restorations, Inc. ................................................................................... 68 RDO Equipment Co. ........................................................................................ 66

STAFF DIRECTORY

Resultants for Business, Inc. (RFB) .................................................................... 48

Cassie Larson, CAE • cassie@mnla.biz

Rock Hard Landscape Supply division of Brian’s Lawn & Landscaping, Inc. .... 20

executive director:

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

S & S Tree and Horticultural Specialists .............................................................. 4 The Tessman Company .................................................................................... 38

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:

Tri-State Bobcat, Inc. ............................................................................ 16, 42, 69

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

Wheeler Landscape Supply .............................................................................. 55

Paulette Sorenson • paulette@mnla.biz

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. 5 May 2016

➾ G OS C

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Truck Utilities, Inc. ............................................................................................. 20 Unilock .............................................................................................................. 56 Versa-Lok Midwest ........................................................................................... 31

Xcel Energy ...................................................................................................... 66 Ziegler CAT ......................................................................................... Back Cover

➾ C ALE N DAR

➾

JUL9–12 CULTIVATE 16 Columbus, OH 614-487-1117 Cultivate16.org

GARDEN CENTER TOUR: In Partnership with the Perennial Plant Association

2ND ANNUAL MNLA NIGHT AT THE SAINTS GAME 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.

AUG10 ➾ Mem ber

This year we are partnering with the PPA for the summer retail tour. Join us as we visit several local garden center locations. Take away great ideas to implement at your own garden center!

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MEMBER APPRECIATION SOCIAL

AUG11

MNLA Office, Roseville

614-771-8431 perennialplant.org

MNLA .biz

JUL14

MNLA Event

AUG5

8

➾

CHS Field, St. Paul

Cultivate is the largest horticulture industry event in North America, serving every industry segment from production and retail to installation and suppliers.

MNLA Event

MNLA Event

h Mont

651-633-4987 MNLA.biz Let’s celebrate your awesomeness! All members are invited to a Member Appreciation Social. The event will take place from 5–8 p.m. Food and adult beverages will be provided! Please RSVP at MNLA.biz.

➾

U of M/MTGF FIELD DAY TROE Center, University of Minnesota, St. Paul MTGF.org The face-to-face field day is back! See research projects conducted by University faculty and staff first hand. Focus areas will include both turfgrass research and landscape research.

2016 MNLA seminars generously supported by:

SALES • SERVICE • RENTALS • PARTS

MNLA Event

MNLA Event

JUL26

AUG1–5

AUG5

WIDMER GOLF TOURNAMENT

34TH PERENNIAL PLANT SYMPOSIUM

Keller Golf Course, Maplewood

DoubleTree by Hilton, Minneapolis

LANDSCAPE DESIGN TOUR: In Partnership with the Perennial Plant Association

MNLA.biz

614–771-8431 perennialplant.org

614-771-8431 perennialplant.org

➾

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.

➾

The Perennial Plant Symposium is in the Twin Cities this summer!

Take part in some or all of the events planned, including landscape, retail and grower tours; lectures, a tradeshow; and an evening farm to table dinner.

MNLA Event

MNLA Event

AUG24 ➾

Mem ber

h Mont

MEMBER APPRECIATION SOCIAL

➾

Event Education

SEPT21 MNLA SHOOTOUT Minnesota Horse & Hunt Club, Prior Lake

Location: Miller Creek Lawn & Landscape / Garden Center, Hermantown

651-633–4987 MNLA.biz

651-633-4987 MNLA.biz

KEY:

This year we are partnering with the PPA. Join us for a tour of several Capitol City landscapes, including historic St. Paul landmarks and some amazing private gardens.

Don’t miss this annual sporting clays charity event that raises money for scholarships!

The course runs at a beginner’s level — the focus is on fun. Proceeds benefit the MNLA Foundation Scholarship Fund.

Let’s celebrate your awesomeness! All members are invited to a Member Appreciation Social. The event will take place from 5–8 p.m. Food and adult beverages will be provided! Please RSVP at MNLA.biz. ➾

All information on these and other industry events are online at MNLA.biz. may 16

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FROM THE EXECUTIVE DIRECTOR

MNLA Value From A to Z Whether it’s sharing a story, enhancing your education, or searching for ways to reduce costs on products and/or services, MNLA provides you with a wealth of opportunities to save money, network, learn, volunteer, and make your voice heard. Are you taking advantage of all that your MNLA membership affords? Cassie Larson, MNLA Executive Director

THE VALUE OF AN MNLA MEMBERSHIP FROM A TO Z: MNLA has more than 1,100 members whose unique voices are combined to speak loudly in ADVOCACY legislative affairs. MNLA tells you which legislative issues may affect your business. You can take action on issues of importance to you without ever leaving the office, or you can join us on the Hill to speak to your legislators in person with the back-up of volunteers and staff “in the know” on important topics.

You build credibility by identifying yourself with the leading regional green industry organization.

MNLA members are encouraged to use BUILD the MNLA logo on promotional materials, CREDIBILITY including their website, in email communications, on business cards and more.

COMMUNITY SERVICE

DIRECTORY ASSISTANCE

EXPANDED HORIZONS

FILLING OPEN POSITIONS

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Looking for a way to hone leadership skills and give back? Serving on an MNLA committee or task team allows industry professionals to do both!

MNLA compiles the most comprehensive directory of green industry professionals and suppliers in the region — access it online or in print.

Expand your business views by reading about regional and national trends and topics in the Scoop and hear them directly from speakers at Northern Green.

Consistently, the most visited page on the MNLA website is the career center. If you’re looking to hire for a vacated or a brand new position, consider posting your position on MNLA.biz. The cost to MNLA members is only $40 for a 60 day posting.

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Connect by joining one of the networking groups within MNLA (both industry segment and regional groups) or join an online community GROUP within the MNLA website. Sometimes your best NETWORKING resource is a colleague who has gone before you. Join the journeys of other business owners or employees who face the same challenges and accomplishments. Networking meetings and MNLA events are a great opportunity to develop your leadership skills and contribute to the community. The networking opportunities in the MNLA community are endless.

HONORING EXCELLENCE

The MNLA Landscape Awards is a program of recognition for installed landscapes. Enter your finest projects and be recognized by the industry for the work you do every day.

The industry, your business and even the environment are facing a crisis because so few young people are choosing green industry INVESTMENT The MNLA Foundation delivers tools IN THE FUTURE careers. and promotion to enhance the image of nursery, greenhouse, landscape, irrigation, and tree care professions. The Foundation’s Career Development Program: • Provides educational materials for students at various grade levels and helps members establish relationships with schools.

• Informs teachers, guidance counselors, parents, and students about the legitimate career paths available in the green industry.

• Promotes horticulture and landscape programs at area colleges.

Your Trusted Partner

BachmansWholesale.com

©2016 Bachman’s Inc.

Bachman’s is the premier wholesale supplier of locally grown plants and quality hardscape products. With service, selection, and expertise top of mind, find all you need at Bachman’s to make your clients’ landscape dreams a reality.

Nursery Wholesale: 651-463-3288 • Fax: 651-463-4747 • 800-525-6641 • 6877 235TH ST. W., Farmington, MN 55024 Hardscapes Minneapolis: 612-861-9266 • Fax: 612-861-9269 • 6010 Lyndale Avenue South, Minneapolis, MN 55419 Hardscapes Farmington: 952-469-9665 • Fax: 952-469-9674 • 23004 Cedar Avenue South, Farmington, MN 55024

➾ F R OM THE EXECUTIVE DI R EC TO R

Photo credit: Bruce Silcox No time to scour the news for the important green industry issues of the day? MNLA saves you time by compiling green industry JUST IN TIME NEWS/RESOURCES information for you both in print and electronically in MNLA Enews. You can read the headlines and decide what’s important to you before reading further.

KNOW THE LAY OF THE LAND

Need updates on how to comply with sales tax laws, water restrictions or city permitting? MNLA works tirelessly to keep you up to date on the lay of the land for regulatory compliance.

NORTHERN GREEN MNLA and MTGF play host to the north central region’s largest green industry event, Northern Green, which features thousands of green industry professionals, hundreds of companies in the trade show, and dozens of educational seminars to fit all green industry professionals in one place — and our members get a reduced rate to attend and exhibit!

OUTREACH TO FUTURE EMPLOYEES & INDUSTRY LEADERS

The MNLA Foundation Academic Awards Scholarship Program rewards outstanding college students who have made horticulture or landscaping their career choice and, furthermore, enhances industry relationships with these students who are future employees and business owners.

Are you looking for help developing the next leader in your green industry business? Check out the Green Industry Leadership Institute. In LEADERSHIP its third year, this unique program is grounded in INSTITUTE leadership development best practices and aims for students to leave the class taking ownership of their company’s mission and bottom line, having greater confidence in decision making, and with new skills in identifying and facilitating solutions within their company. In addition, they will develop a network of peer advisors to engage with as they grow and advance in their career.

The MNLA Marketing Toolbox hosted on www.

MNLA.biz contains tools for members to use with consumers. Included in this section are the following resources that are available only to members (upon login):

MARKETING TOOLBOX • Advertising Deals • Media Toolkit • MNLA Logos

• Plant Something Campaign Materials • PPS Brochure • Value of Landscape Design – Flyers • Why Hire an MNLA Member – Flyers 12

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Looking for educational opportunities? Let us be your one stop shop to learn about professional PROFESSIONAL development. MNLA provides in-person DEVELOPMENT education and online learning (anytime, anywhere) opportunities for members. We also compile industry events hosted by members and partner organizations of interest to our members into one online calendar to save you time.

Have a question? Through MNLA, you have access to other business owners and employees who have walked in your shoes! Ask a question to MNLA members in the online website community to get a quick answer.

QUESTIONS ANSWERED

UNPARALLELED STAFF

You need knowledge to improve your business and operations — and in turn increase your RESEARCH FOR profitability as part of our industry’s aim to THE REAL WORLD improve the outdoor living environment. The MNLA Foundation delivers the research-based information and insights you need for your environmental horticulture and landscape business. Our Research Information Director compiles, distills and disseminates easy-to-read information on topics such as:

The MNLA staff is always willing to go the extra mile to help you find the answers. If you don’t know where or how to find the answer, give us a call — we may not know the answer ourselves, but we will likely know who would and we’ll save you time by pointing you in the right direction.

• New plant materials and plant hardiness trials.

• Sustainable landscape design, tree care and lawn maintenance practices.

• Marketing and consumer preferences.

• Plant insect/disease/weed control.

• Water management.

• Nursery and greenhouse production.

The Scoop is the monthly member-only magazine that helps keep you up-to-date and in the know on issues, events, and trends in Minnesota’s green industry and across the country.

SCOOP

$3.5 Billion

Minnesota’s Nursery & Landscape Industry Measures Up

INDUSTRY OVERVIEW

VETTED INDUSTRY PARTNERSHIPS

Minnesota’s nursery and landscape industry encompasses trained professionals in more than 2,000 companies. Blossoming from the horticultural roots of tree, shrub and flower growers, the industry has matured into a broadbased collection of family-owned businesses that enhance the state’s outdoor living environment by providing plants; landscape design; installation and maintenance services; as well as yard and garden structures.

MNLA has saved you time by seeking out savings and vetting providers on your behalf.

We’ve done the work for you and are proud to partner with multiple organizations to offer MNLA members the following:

• A self-funded Workers Compensation Insurance Pool from The Builders Group • Fleet discounts through both Chrysler and GM up to $8,500

For this survey, nursery and landscape companies surveyed included: • Landscape contractors and designers • Professional gardening services • Lawn and landscape maintenance services • Arborists and tree care services • Irrigation contractors • Retail nurseries, greenhouses and garden centers • Wholesale nursery stock growers (trees & shrubs) • Wholesale commercial flower growers (annuals, perennials and potted flowering plants) • Re-wholesale supply centers • Wholesale and retail hard goods suppliers (fertilizers, landscape tools, mulch, outdoor statuary, retaining wall and paver materials, landscape lighting, and ponds)

• Fuel discounts from Holiday and SuperAmerica • Legal services through Zlimen & McGuiness

WEB BASED, ON-DEMAND LEARNING

From live webinars to recorded resources, MNLA boasts a fully searchable online set of on-demand online learning resources for member use.

AN IMPORTANT PART OF MINNESOTA’S ECONOMY

GROSS VOLUME OF SALES:

$1,902,525,762*

TOTAL NUMBER OF TOTAL PAYROLL:

$1,266,507,821

EMPLOYEES (INCLUDING FULL-TIME, PART-TIME, AND SEASONAL WORKERS):

42,132

TOTAL ECONOMIC IMPACT**

$3.5 BILLION

X-FACTOR

The friendships created with other green industry professionals will last throughout your career!

*This number is comparable to the 2003 survey number of $2.1 billion. **Uses the IMPLAN® method to determine how dollars from one industry segment multiply through the economy.

YEARLY EVENTS TRACKING INDUSTRY TRENDS

MNLA’s green industry economic impact study for the state of Minnesota was updated in 2014, and state wage statistics are compiled biannually to assist in your business needs.

ZOO

Annual events such as the Widmer Golf Tournament, Shootout, and certification & licensure classes help you learn, network and stay in touch.

The MNLA office is located right down the street from Como-Zoo so come visit us. Not much starts with “Z” so give me a break on this one!

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âžž MDA

MDA UPDATE IMPORTAN T R EM I N D ER S FR O M TH E M I N N E S O TA D E PA RT M E N T O F A G RI CU LT U RE Steven Shimek

Nursery Inspection and Certification Program Coordinator

NURSERY INSPECTION STAFF is available to facilitate your successful sales and growing season. The following are some alerts and reminders to guide you through 2016.

Nursery Stock Certificates No person may offer for sale or distribute certified nursery stock as a nursery stock grower or dealer without first obtaining the appropriate nursery stock certificate.

There is a new penalty for operating without a certificate. The penalty for operating without a nursery stock dealer or nursery stock grower certificate is now equal to the fee owed. For example, for new dealers the fee is $150 and the penalty for operating without a valid certificate is $150.

It is not uncommon for a successful dealer to find their business interrupted for several years. If the firm becomes active selling nursery stock again and applies as a new applicant, rather than pay the base $150 fee, they must pay a fee (and penalty if applicable) based upon the gross sales of nursery stock from the most recent year in operation.

Packaged Plants By early May, most dormant packaged nursery stock should have been sold or have been kept refrigerated to maintain viability. Without adequate water and nutrients, packaged stock has a very short shelf life. If plants are

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not viable or are actively growing, you will be cited for violation of nursery stock storage statutes. Surviving nursery stock must be planted immediately or removed from sale.

Pollinator Friendly Plant Advertising/Labeling In an effort to protect pollinators that may be affected by systemic insecticides, the State of Minnesota has adopted a law (Minnesota Statutes 18H.14 (e)) that requires plants advertised or labeled as pollinator friendly, attracts butterflies or bees, etcetera, to be free from systemic insecticides. The entire statute is presented here.

A person selling at retail or providing to the end user of plant material may not label or advertise a plant as beneficial to pollinators if the annual plant, bedding plant, plant material, or nursery stock has been treated with, and has a detectable level of systemic insecticide that: (1) has a pollinator protection box on the label; or (2) has a pollinator, bee, or honey bee precautionary statement in the environmental hazards section of the insecticide product label; (Complete text is included below.) and,

The bottom line is if you are confident that the plants you are selling have no chemical residue as described, you may advertise plants as beneficial to pollinators.

(3) a concentration in its flowers greater than the no observed adverse effect level of a systemic insecticide as established by the United States Environmental Protection Agency for acute oral toxicity for adult honeybees.

A person that advertises plants as ‘beneficial’ (including the term ‘attracts’) to pollinators will be expected to provide documentation on all insecticides used in the production of those plants. In addition, the MDA may initiate sampling of the plant to determine if there is a concentration in its flowers greater than the no observed adverse effects level established by the USEPA for acute oral toxicity for adult honeybees.

The bottom line is if you are confident that the plants you are selling have no chemical residue as described, you may advertise plants as beneficial to pollinators. Plants so labeled will be subject to testing to determine if a violation has occurred. Currently, MDA is testing for the following: acetamiprid, chlothianidin, dinotefuran, imidacloprid and thiamethoxam. Additional chemicals may be added at any time.

In response to this pollinator labeling requirement, some firms have dropped signage and labeling plants as attractive to pollinators, others now clearly label plants treated with neonicotinoid insecticides, and other companies have sought to advertise their plants as “free of systemic insecticides,” “grown free of systemic insecticides,” or “neonicotinoid-free.” Part of the Nursery Law, Chapter 18H.14 (c), allows certified nurseries to use these special-claim programs “provided the program is reviewed and approved by the Commissioner of Agriculture before implementation.”

A compliance agreement (CA) will define conditions for certification and will be developed on a case-by-case basis to be approved by the Commissioner. In the CA, the nursery agrees to label only the plants or types of plants listed in the agreement that are treated in a manner that is acceptable to the MDA to attain the particular “free-from” or advertised claim. Plants included in the CA are subject to MDA inspection and testing for pesticides (dependent on the CA) at any time.

The compliance agreement is a tool to facilitate the issuance of certification documents. There is a fee of $25 for each certificate. This certificate can be copied as needed and sent to customers as needed.

Inspection and certification time needed to administer the agreement is currently $50/ hour for inspection and travel time + IRS mileage rate (currently 54 cents/mile). If you have questions about the compliance agreement process or are interested in developing a compliance agreement, contact Mark Schreiber at mark.schreiber@state. mn.us or 651-201-6388.

Don’t Forget About Labeling for Cold Hardiness Plants, plant materials, or nursery stock must not be labeled or advertised with false or misleading information. This includes cold hardiness. The MDA has established a list detailing minimum cold hardiness for nursery stock. Stock labeled for hardiness must be consistent with the list. If stock is not labeled for hardiness and is not cold hardy in the area in which it is being sold, it must be labeled “nonhardy”. This additional requirement is not needed if stock is correctly labeled. The list can be found on the MDA website: http:// www.mda.state.mn.us/licensing/licensetypes/ nurseryprogram/hardinesslist.aspx

STEVEN SHIMEK is the MDA Nursery Inspection & Certification Program Coordinator and can be reached at Steven.Shimek@state.mn.us.

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588 Outpost Circle, Hudson, WI 54016

952-894-0894

651-407-3727

715-531-0801

www.tristatebobcat.com Bobcat®, the Bobcat logo and the colors of the Bobcat machine are registered trademarks of Bobcat Company in the United States and various other countries. 16-B060

ORGANIC CONTROL OF

WHITE GRUBS IN MINNESOTA Comparison of May/June beetles (Phyllophaga anxia) and Japanese beetles (Popillia japonica)

Shay Lunseth | Organic Lawns by LUNSETH / LUNSETH Lawn Care Professionals

➾ ORGAN IC CON TROL O F G R UB S

C

urrent pressure for lawn care professionals to utilize natural control of turf pests is growing in response to negative public opinion about chemical insecticides and government restrictions against pesticides. In Minnesota, white grubs, more specifically, May/June beetles and Japanese beetles are some of the main insects that can cause considerable damage to turf. To effectively control these pests without the use of synthetic chemicals, one needs to first determine which white grub is present. Next, the current lifecycle stage will need to be concluded. Cultural practices, as part of preventative and curative measures, will also be an important component to addressing the issue of white grub damage. After these steps are followed, two non-chemical control methods can be enacted.

Why avoid the chemical options?

Alternatives to pesticides should be considered because of the harmful effects these pesticides can have on useful insects and microorganisms. The most successful white grub control is the neonicotinoid — imidacloprid. This insecticide, which affects the grub upon contact, is used preventatively and can be applied at a relatively low cost (Peck, 2009). There are two problems with this product: (1) it works well only in the early stages when white grubs are very hard to detect, so it may be difficult to know if the application is even necessary; and (2) it is a neonicotinoid, a systemic class of insecticides recently implicated in negatively affecting beneficial pollinators.

Two low-toxic products are labeled for white grub control — Spinosad and Chlorantraniliprole (Acelepryn). Spinosad is derived through the fermentation of a naturally occurring organism (Dow AgroSciences, 2015). It can be worrisome, as it is highly toxic to fish. On the MSDS sheet it is listed as a harmful chemical and it should be prevented from entering into soil because discharge to natural waterways is likely to kill aquatic organisms (Dow AgroSciences, 2013). Acelepryn is also suspect, as it has the potential to contaminate water through runoff. Dupont states that “this product has a high potential for runoff for several months or more after application…Runoff of this product will be reduced by avoiding applications when rainfall is forecasted to occur within 48 hours…

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Irrigate turf immediately after application or allow rainfall to move the product into the soil” (DuPont, 2008). MSDS sheets are important in understanding how to correctly use a product and the consequences of misapplication. Because of the information presented on the MSDS sheets for these two products, they should not be considered as alternatives to chemical insecticides.

What type of grub do you have?

The first important factor in deciphering how to treat white grubs is to determine what type is present. As grubs, the difference between Japanese beetles and May/June beetles is slight. Both have a cylinder-shaped body that is curved into a ‘C’ shape. Non-native Japanese beetles have a ‘V’ shaped rastral pattern that is made of two rows of six or seven spines forming a ‘V’ shape (Brandenburg,

1995). In contrast, native May/June beetles have a zipper-like rastral pattern. It is important to understand that turf damage might not be seen to warrant soil inspection for white grubs. If you have experienced an issue in the past or notice the presence of vertebrate predators, then you would have a case to inspect. Damage on turf for both May/June and Japanese beetles is the same — pale or discolored grass that looks like drought damage, turf that feels spongy and can be easily rolled and lifted away from the soil.

Another important note is the environment that each species prefers. May/June beetle white grubs like lightly textured and acidic soils, in which poor irrigation will compound the damage (Williamson, 2006). Japanese beetles like soil temperatures between 63–81 degrees Fahrenheit and soils that receive 10" of water during the summer (Brandenburg, 1995). They also do well in warm, moist soil that has plenty of organic matter (Krischik, 2011). Both May/ June and Japanese beetle threshold levels should be 3–5 larvae per square foot (Williamson, 2006). Once a grub issue is discovered either through lawn injury or inspection, the next step is to establish the current lifecycle stage so treatment can then be explored.

The May/June beetle has a 3-year life cycle. The grubs feed on the roots for that three-year period, which is what causes turf damage. The first year grubs do not produce noticeable or problematic injury. In this year, the adults will emerge in late May and early June to lay eggs in the top 1⁄8–3⁄8" of the soil (Williamson, 2006). The eggs hatch and feed until early fall, where they then overwinter below the frost line. The second year is the best year to treat. This should be done the first week of August when most eggs have hatched and grubs are feeding close to the surface (Williamson, 2006). Unfortunately, noticeable turf damage may not yet be seen and this is why monitoring is so important. In the third summer, the larvae pupate in earthen cells and the emerging adults are inactive below the soil line until the following May (Williamson, 2006). Once the grub has reached its third year, turf damage can be noticeable but is challenging to control. This is also the end of the May/June Beetle life cycle and the pest issue may not be the same the next year. However, the issue has been discovered and monitoring for second-year control can now be achieved.

Japanese beetles have a 1-year life cycle. Adults fly, so seeing adults does not mean you have a turf infestation (Krischik, 2011).

In early June the grub turns into a pupa and emerges from the soil as an adult in late June and July (Krischik, 2011). They are generally big at this time and hard to control. Females then lay eggs for a 2–3 week period. These eggs hatch in July and become their full

grown size by late August. Preventative measures are those made in the first and second instars, while curative measures happen at the third instar (Morales-Rodrigues, 2010). Therefore, control is the most successful on young grubs from mid-July to early September (Krischik, 2011).

Treatment Options

May/June beetles and Japanese beetles can be controlled in the following ways: good cultural practices, beneficial nematodes and inoculating the soil with Bacillus thuringiensis. Cultural practices are the best tool for an organic turf manager. Proper mowing, watering, nutrient-availability and general good health of turf will help keep white grubs from significantly damaging the turf. Also, the choice of plants can deter beetles from laying eggs in a lawn. Plants that deter or are not damaged by Japanese beetles include (but not limited to) American elder, arborvitae, black oak, boxelder, common lilac, silver maple, spruce, white ash and white oak (Krischik, 2011). Introducing a variety of turf-grass species into a turf stand, including endophyte-enhanced turfgrass species (tall fescue and perennial ryegrass), will minimize injury. Repairing damage in lieu of pesticides is also an important element. Overseeding with rhizomatous grass, such as Kentucky bluegrass, will help establish new grass as the roots are damaged from May/June beetles. Late summer water will also limit damage and encourage recovery. Similarly, late summer nitrogen application will encourage resurgence of the turf.

The introduction of beneficial nematodes have had inconsistent results, but are worth mentioning as an alternative to insecticides.

Entomopathogenic nematodes occur naturally as parasites of many insect species (Power, 2009). After conducting a series of trials in 2002, researchers compared several species of beneficial nematodes and found that H. bacteriophora GPS11 and H. zeolandica X1 had curative control over white grubs and proved to be as effective as the chemical trichlorfon (Power, 2009). Early instar, or first instar, stages are very difficult to detect because the insect is small. This is unfortunate, as beneficial nematodes can work well at controlling Japanese beetles at this stage. Field trials conducted in 2001 and 2002 showed that second instar stages showed positive results in Japanese beetle control and H. bacteriophoroa treatments targeted at both the first instars and second showed reduction of Japanese white grub populations (Power, 2009). This demonstrates that the right timing and right nematode species can effectively reduce white grub numbers. The factors that make these results inconsistent include soil temperature, texture, moisture levels and the presence of natural enemies. Additionally, it was discovered that CO2 levels are an important attractant for entomopathogenic nematodes and they can find their host better in instars that emit more CO2 (Koppenhofer, 2008). The natural environment of white grubs are root zones and beneficial nematodes can be attracted to intact roots. Once roots are damaged by white grubs, the roots emit a volatile that would deter the nematodes from their host or oppositely, the roots could emit a volatile from feeding insect to their natural enemies (Koppenhofer, 2008). Therefore, beneficial nematode introduction is a good strategy for an organic turf manager, but one that has many factors to consider in achieving positive results. A manager should try this may 16

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➾ ORGAN IC CON TROL O F G R UB S

methods are always the best way to prevent damage from grubs, as well as aid in turf recovery. If stronger control is needed, then inoculating the soil with Bt and beneficial nematodes would be appropriate. Taking these steps in managing white grubs can greatly reduce the reliance on chemical insecticides.

References Dow AgroSciences. 2013. Material Safety Data Sheet Dow AgroSciences LLC. Conserve (TM) SC Turf and Ornamental Insect. 12 9. http:// www.cdms.net/ldat/mp24P003.pdf Brandenburg, Rick L and Michael G. Villani. 1995. Handbook of Turfgrass Insect Pests. Lanham, MD: Entomologist Society of America

It is clear that nematode species and white grub species do make a difference. Therefore, the importance of knowing exactly what type of white grub issue is present is imperative (Koppenhofer, 2006).

Cranshaw, W.S. 2004. Colorado State University Extension. August 5th. http://www.ext.colostate.edu/pubs/insect/05556.html

approach when given the opportunity, as long as they also have the flexibility to find it unsuccessful.

Bacillus thuringiensis is currently being tested as effective white grub control. Bacillus thuringiensis or Bt is a naturally occurring bacterial disease of insects. It produces proteins that react with the gut lining of insects (Bt strains must be specific to the insect trying to be controlled). The insect stops feeding and eventually starves to death (Cranshaw, 2004). Bt is nontoxic to people, pets and wildlife, including natural enemies and beneficial pollinators. Although results have been inconsistent, studies have shown that certain entomopathogenic nematodes, such as Steinernema scarabaei or Heterorhabditis bacteriophora Poinar – GPS11 strain can provide good control of scarab grubs (Koppenhofer, 2006). Furthermore, Bt variety japonensis strain Builbui is a natural occurring Bacillus thuringiensis bacterial disease found in Japan that has shown positive results for scarab grub control (Morales-Rodrigues, 2010). Unfortunately, the development of this product has not made it available for use in the United States. In discovering the white grub control potential of Bt, researchers thought that understanding beneficial nematodes in combination with it might be an effective approach. While research is still being conducted, they did discover that first inoculating the soil with Bt and then introducing a beneficial nematode a week later produced scarab control (Kaya, 1997). There is positive momentum in combining these two control methods that stress and ultimately reduce white grub populations. It is clear that nematode species and white grub species do make a difference. Therefore, the importance of knowing exactly what type of white grub issue is present is imperative (Koppenhofer, 2006). With continued research, this may be the future of organic white grub control.

Held, David. April 2003. Beetle-mania. Landscape Management. 78–81

Conclusion

White grubs are a damaging turf pest in Minnesota that can be controlled without the use of synthetic pesticides. Monitoring, determining the white grub species, and identifying the life cycle stage are all imperative for effective management. Good cultural

Dow AgroSciences. 2015. Turf and Ornamental. http://www.dowagro. com/turf/products/insecticides/conserve_additional.htm DuPont. 2008. Material Safety and Data Sheet. DuPont Acelepryn Insecticide. http://www.dupont.com/content/dam/assets/products-andservices/pro-products/H65709.pdf

Kaya, A. M. Koppenhofer and H. K. 1997. Additive and Synergistic Interaction between Entomopathogenic Nematodes and Bacillus thuringiensis for Scarab Grub Control. Biological Control. Vol 8:131–137 Koppenhofer, Albrecht M., Parwinder S. Grewal and Eugene M. Fuzy.

2006. Virulence of the entomopathogenic nematodes Heterorhabditis bacteriophora, Heterorhabditis zealandica, and Steinernema scarabaei against five white grub species (Coleoptera: Scarabaeidae) of economic importance in turfgrass in North America. Biological Control. Vol 38:397–404 Koppenhofer, Albrecht M. and Eugene M. Fuzy. 2008. Attraction of four entomopathogenic nematodes to four white grub species. Journal of Invertebrate Pathology. Vol 99:227–234 Morales-Rodrigues, Anuar, Aracely Ospina and Daniel C. Peck. 2010.

Variation in the laboratory susceptibility of turf-infesting white grubs (Coleoptera: Scarabaeidae) to biological, biorational and chemical control products. Pest Management Science. Vol 66:90–99 Peck, Daniel C. 2009. Comparative impacts of white grub (Coleoptera: Scarabaeidae) control products on the abundance of non-target soil-active arthropods in turfgrass. Pedobiologia, Volume 52, Issue 5:287–299 Power, Kevin T., Ruisheng An, Parwinder S. Grewal. 2009. Effectiveness of Heterorhabditis bacteriophora strain GPS11 applications targeted against different instars of the Japanese beetle Popillia japonica. Biological Control. Vol 48:232–236 Sankaranarayanan, C., N. Somasekhar, B. Singaravelu. 2006. Biocontrol Potential of Entomopathogenic Nematodes Heterorhabditis and Steinernema against Pupae and Adults of White grub Holotrichia serrata F. Sugar Tech. Vol 8(4):268–271 Vera Krischik, Doree Maser. 2011. University of Minnesota Extension.

Japanese beetle management in Minnesota. www.extension.umn.edu/ garden/insects/find/japanese-beetles/ Williamson, Don. 2006. Lawns Natural and Organic. Auburn, WA: Lone Pine Publishing International

is pursuing her Master of Professional Studies in Horticulture from the U of MN and can be reached at organiclawnsbylunseth@gmail.com.

SHAY LUNSETH

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A Deeper Shade of Green Local Genetic Origins

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Native Minnesota Woody & Herbaceous (651) 438-2771 • Fax (651) 438-3816 BRIAN FERGASON, CPCU 651.635.2781 612.247.7346 Cell bfergason@maguireagency.com www.maguireagency.com 1970 Oakcrest Avenue, Suite 300 Roseville, MN 55113

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MULCH MADNESS With the hustle and bustle of spring planting, I see many trees falling victim to a plague of over mulching. Mulch around the base of trees is a good thing, but too much is a bad thing. So what is the proper way to mulch a tree?

Faith Appelquist | Tree Quality LLC

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➾ MULCHIN G MADN ES S

Spread mulch 4-inches deep to the drip line of the tree if possible; do not let the mulch touch the trunk. The mulch should form a flat donut with the trunk in the center.

Properly mulched trees thriving in a healthy landscape.

Mulch should not touch the trunk of the tree.

Trees struggling for air, water, and nutrients under excessive mulch.

Mulch volcanos in a commercial landscape. Look for it next time you go shopping!

Mulch is in the shape of a “doughnut” not a “volcano”. “Mulch volcanoes” are excessive piles of mulch applied around the stem of trees. Think of a mulch volcano as a Band-Aid. What happens to your skin under a wet Band-Aid? It gets soft and mushy. This is what happens to tree roots under excessive mulch, they develop root rot. You will end up with trees like the ones in my neighborhood: 25 years in the ground and barely any bigger than when they were planted, and quite sickly looking. That is, if they survive.

Maximum of 4" deep. Too much mulch applied over the root ball or resting against the trunk can cause problems for trees. Roots often grow up and into the mulch causing stem girdling roots which can kill trees. Too much mulch over the root ball can intercept water that could have reached the roots. This can cause the roots to dry on newly planted trees, resulting in stress and tree death.

A wide, flat mulch ring. Leave a gap, where there is no mulch, 12 to 18 inches from the trunk for any size of tree (that’s why I refer to it as a “doughnut”). Place mulch out to the edge of a tree’s crown or beyond.

Remember, if a tree had a say in the matter, its entire root system, which usually extends well beyond the drip line, would be mulched.

What is my favorite mulch for trees? Fresh, raw or uncomposted hardwood mulches create the most benefit for the soil.

Why? Because fresh chips are ‘active’ and generate carbon rich, microbiological activity that feed the landscape as it decomposes.

Composted chips are inactive or stable, with all the nutrients being consumed in the compost pile.

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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.

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➾ P LANT IN VASIVEN ES S

PLANT RIGHT: A SCIENCE-BASED PROTOCOL

PLANT INVASIVENE

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TO ASSESS

Jennifer Gray | Horticultural Research Institute (HRI)

NESS

Invasive plants frequently make headlines in communities throughout the United States. As more municipalities consider restrictions on what plant materials should be planted, nurseries need better tools to identify and qualify whether plants they introduce, produce, and distribute have the potential to become invasive.

European buckthorn infestation on left with bush honeysuckle on right. Chris Evans, University of Illinois, Bugwood.org

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➾ P LANT IN VASIVEN ES S

Iceplant.

Arrundo donax and ivy.

Scotch broom invasion.

Vinca major.

T

o better understand the potential for a nursery plant to become invasive, the Horticultural Research Institute recently provided funding for a project to test an evaluation tool for the industry. The “PlantRight Plant Risk Evaluation (PRE) Tool” could provide the nursery and landscape industry with an accessible, practical protocol for determining invasiveness of new or existing ornamental plants and make this information available to the public.

The research project, titled “Grower-led development of PlantRight invasive-free certification program for ornamental plants,” has been very successful in meeting research objectives. With generous support from a Horticultural Research Institute grant, plant scientists at the University of California (Davis) have taken the PlantRight Plant Risk Evaluation (PRE) tool on the road to 22 states, screening 300 popular landscaping plants — half of which are ornamental invasive plants.

The goal of this study, led by PhD student Christiana Conser, is to test the accuracy of the PlantRight weed risk assessment model for use within the nursery and landscape industry nationwide, as a method to proactively prevent invasive landscape plant introductions.

The PRE model was first developed in 2008, for Sustainable Conservation, by the University of Washington’s Lizbeth Seebacher, a former doctoral student of UW Professor and Botanic Garden Director, Sarah Reichard. Since 2011, Conser has led PRE tool research at UC Davis, for Sustainable Conservation.

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In California, 48 percent of all the known invasive plants were introduced via the nursery supply chain, not with malicious intent but simply due to lack of information and knowledge.

In California, the PRE tool has already demonstrated a 98 percent and 95 percent accuracy rating for predicting invasive and noninvasive behavior, respectively. PRE can also screen at the species and cultivar levels (no plant material required, just the name). By screening in the Midwest, Northeast, and Deep South, Conser hopes to replicate this accuracy rating nationwide.

Conser is working with two nursery owners and a nursery and landscape trade association to cull the list of 300 popular regional plants. By testing PRE tool findings against the results of known invasive plants, the tool’s accuracy throughout the United States can be determined.

Why is it important to the green industry? Historically, less than one percent of new plant introductions result in invasive problems. That’s the good news. However, that one percent can wreak havoc on biodiversity, local economies, recreational options, business reputations, and land management budgets. In California, 48 percent of all the known invasive plants were introduced

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via the nursery supply chain, not with malicious intent but simply due to lack of information and knowledge.

Many state and regional industry associations and industry professionals are proactively addressing the invasive plant issue. Industry leaders throughout the United States are working in partnership with regulators and the nursery industry.

For example, the New England Nursery Association recently volunteered to phase out plants with invasive traits in that region.

The creation of a science-based tool can assist the horticultural industry in assessing plants, preventing invasive ornamental plant introductions, and educating and collaborating with local stakeholders and regulatory groups.

The PRE tool is expected to provide the industry with multiple potential benefits, including: • Giving plant developers the ability to identify problem plant behavior early in the evaluation process before making a significant economic investment; • Avoiding lengthy import delays (the PRE process takes two hours, on average, for a trained user of the tool to complete a screen); • Providing a voluntary process for certifying noninvasive plants.

In addition to helping the industry prevent invasive introductions and develop more non-invasive ornamentals, the PRE tool provides a variety of information on taxonomy, reproductive characteristics, medicinal uses, patent information and more.

If you are a propagator or breeder of ornamental plants interested in beta testing the PlantRight PRE, please email PlantRight@ suscon.org.

JENNIFER GRAY is the HRI Research Programs Administrator and can be reached at jenniferg@americanhort. org. Contributors: Christiana Conser, PhD student at University of California — Davis, Department of Plant Sciences; Jan Merryweather, Senior Project Manager, Sustainable Conservation. Photos courtesy PlantRight. © Horticultural Research Institute, www.hriresearch.org

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âžž OUT & ABOUT

&

MNLA STAFF APPRECIATES the annual opportunity to visit with members and prospective members at our industry's supplier shows.

Longtime member Pam Arth of Garden Solutions & Designs.

Karen Filloon of Southview Design.

Tami Gallagher, Home Sown Gardens and Paulette Sorenson, MNLA Foundation showcasing LandLovers.

Erik Evenson of Earthworks and Darren Kolke of SRW Products.

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Jon Carlson, Jenny Mesa, Jesse Westphal, Maddy Harris, all from Gertens.

Scott Zuzeck, Precision Landscaping and Construction; Mike McNamara, Hoffman & McNamara; Tami Gallagher, Home Sown Gardens; and Karen Filloon, Southview Design all participated in the Hastings Career Fair.

Tami Gallagher and Mike McNamara talk to students at the Hastings Career Fair.

Tom Griebler, Tim Benson, Lacee Hartley, Zach Petruna, all from Hedberg Supply.

Jake Hill and Rob Johnson of DH Paver & Stone Restoration, Inc.

Matt Mallas takes time to visit with contractors at the Hedberg Contractor Day.

Gene Karjala, Belgard Hardscapes, showcasing product.

MNLA has a consistent presence at member supplier shows.

may 16

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âžž OUT & ABOUT

&

THANKS TO EVERYONE for the photos!

We enjoyed seeing you!

Monty Woolf, Trenchers Plus.

Susie Johnson, Gertens, Shasta Frandrup and Carl Gilles of Timberland Outdoor Services.

Alex Nelson and Sherri Streff, Hedberg Supply.

Cindi Olson, Belgard; Diana Grundeen, Trio Landscaping; Becky Miller, Keenan & Sveiven, Inc.; Dee Ann Larson, Landscape Gal.

Pat Haines, Trenchers Plus.

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Donna Robling, K & S Trees; Kent Harris, Arteka Companies; Maddy Harris, Gertens; Tim Sveiven, Keenan & Sveiven, Inc.

Ethan Casady and Derek Olson, North Harbor Services LLC, Ben Neff, B. Neff Landscaping.

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➾GOV E RN MEN T AFFAIR S

Green Industry Day on the Hill Thirty-nine MNLA members and affiliates from the Minnesota Shade Tree Advisory Committee (MnSTAC) teamed up and made more than 50 visits to legislators’ offices on March 16th during our 2016 Green Industry Day on the Hill.

Tim Power

MNLA Legislative Affairs Manager

In most of those visits, our members connected with their legislators as constituents on the issues we support, and in a few cases our teams dropped off information with legislative assistants when we were unable to schedule a timely appointment. All in all, we made a significant impact at the Capitol.

The day began with a continental breakfast and about an hour of training on how to interact with legislators, how to get around the Capitol complex, and specific talking points on the three issues we were lobbying for. MNLA Executive Director, Cassie Larson hired a videographer to build videos for most of this training, and those videos did a great job of explaining the issues and how to operate around the Capitol.

Legislator meetings began at 9:45 a.m., and the teams we sent out had meetings throughout the day, with the last group reporting back after a 4:00 p.m. meeting.

Our number one issue this year was support for a bill introduced by Rep. Hansen and supported by MnSTAC, concerning state matching grants for cities battling emerald ash borer (EAB). MNLA supported this bill, and MnSTAC provided several subject matter experts to help our teams explain this issue. In addition to legislator visits, our members and issues were acknowledged at a morning meeting of the House Environment & Natural Resources Policy and Finance Committee. Also, Rep. Hansen’s bill was discussed at a joint meeting of the House Ag Policy and Ag Finance Committees on the same day. MnSTAC expert Jeff Hafner, from Rainbow Treecare, gave an outstanding ten minute informational presentation to the Ag

Committees on EAB in Minnesota and the Hansen bill’s preferential funding for tree protection. That protection strategy uses injected systemic insecticides for protection of high-value public ash, to minimize impacts to non-target organisms like honeybees while maximizing EAB pest control.

Our members also lobbied for bills we support in conjunction with the Minnesota Subcontractors Association on subcontractor retainage reform. Our third issue involved support for Uniform State Labor Standards, in the form of bills that were introduced last year that would preempt local ordinances on certain labor standards. This issue is emerging as important to our members in the face of Minneapolis’ and St. Paul’s plans to discuss mandatory safe and sick leave ordinances.

Thanks to all 2016 Day on the Hill participants, including our friends from MnSTAC. By the time you read this article around May 1st, I hope that many of our legislative issues will have been resolved. However, with a short 2016 session lasting only ten weeks, we may again find ourselves with unresolved issues awaiting a flurry of activity in the last three weeks of the session.

Keep your seatbelts fastened!

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âžž MDA

MDA UPDATE FEDERAL W O R K ER PR O TEC TI O N STAN D A RD CH A N G E S , PA RT I

Employee in violation of federal worker protection standards.

THE WORKER PROTECTION STANDARD (WPS) REGULATION

was created in 1992, and fully implemented in 1995. The purpose of the WPS is to reduce the risk of illness or injury to workers or handlers from occupational exposures to pesticides used in the production of agricultural plants in agricultural establishments.

No grace period to provide pesticide safety training to workers. Currently, there is a five day grace period after workers receive basic pesticide safety information, but before entering a treated area with an expired restricted entry interval (REI).

In 2015, the Environmental Protection Agency (EPA) revised the WPS and proposed changes to the rule based on the comments received. The approved changes must be implemented by January 2, 2017, with the exception of three provisions (noted below) with delayed implementation to January 2, 2018.

Maintain pesticide training records for two years.

Agricultural employers of workers and pesticide handlers, as well as commercial pesticide handling establishment employers are responsible for implementing the required protections.

Warning signs must be posted for outdoor applications (i.e. farm, nursery, orchard) if the REI is GREATER than 48 hours. Otherwise, the agricultural establishment has the option to post warnings signs or provide oral notification to workers, unless the label requires both.

Some of the major changes to the WPS include: Annual mandatory pesticide safety training for agricultural workers. Currently, training is once every five years.

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Qualified trainer must be a licensed pesticide applicator, certified Restricted Use Pesticide (RUP) applicator, or have completed an EPA Train-the-Trainer course.

Warning signs must be posted for enclosed space applications (i.e. greenhouse, hoop house) if the REI is GREATER than four hours. Otherwise, the agricultural establishment has the option to post warnings signs or

training. The handler’s employer must maintain records for two years documenting completion of these three items adopted from OSHA requirements. A Pesticide Handler, as defined in the WPS rule, includes the applicator and persons employed to mix, load, apply or dispose of pesticides; handle opened pesticide containers (such as emptying, rinsing or cleaning them); and, assists with the application, cleans or repairs the application equipment.

Expanded training content for workers and handlers. This is one of three provisions with delayed implementation until 2018.

The handler (applicator) must immediately suspend the application if a worker or other person is in the AEZ, but may continue the application once the person moves out of the AEZ. This is one of three provisions with delayed implementation until 2018.

Content and format of pesticide safety information displayed at central and other locations. This is one of three provisions with delayed implementation until 2018.

provide oral notification to workers, unless the label requires both.

Pesticide handlers and early-entry workers must be at least 18 years old. Agricultural establishment owner’s immediate family members are exempt from this requirement.

The definition of immediate family was expanded to include in-laws, grandparents, grandchildren, aunts, uncles, nieces, nephews, and first cousins.

Establishment of the Application Exclusion Zone or AEZ. No entry into the treated

area or the AEZ is permitted for all outdoor production (i.e. farms, forests, nurseries).

The AEZ is a 0–100 foot area around the application equipment during pesticide applications. The size of the exclusion zone depends on the type of application. The AEZ is not limited to the boundaries of the agricultural establishment.

Personal Protective Equipment (PPE) – Respirator Requirement. When a respirator is required by the labeling, the handler’s employer must provide handlers with the following BEFORE the handler performs any activity requiring the respirator: 1) Medical evaluation, 2) Fit test, 3) Respirator

The revised WPS rule also introduced new concepts, such as the AEZ. It also modified, provided clarification or deleted some definitions. In Part II of this article, to appear in a later edition of this publication, we will address some of these definitions along with other changes. More information is currently available at: http://www.epa.gov/pesticideworker-safety/revisions-worker-protectionstandard.

Or you can call or send an email with a related question to the following MDA staff: Gregorio Mendez-Ortega: (507)344-3204, gregorio.mendez-ortega@state.mn.us Stephanie Ende: (651)201-6504, stephanie.ende@state.mn.us

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➾ B U S Y & BROKE

F

irst, you must win profitable revenue. Pounding the pavement to find good projects to bid is hard work. Then it takes more effort to estimate and put together a competitive bid. And then you lament over how much to mark-up or cut your bid to beat your competition. Second, after you land a contract, it takes more hard work and time to get everything ordered, subcontracted, scheduled, installed, completed, and paid for.

All this effort to find and do work leaves little time to focus on the third and most important function required to make a profit.

Knowing and tracking your numbers must be the number one priority for construction business owners to be successful. Unless your goal is to be busy and broke, you must spend an equal amount of time focused on accounting, financials, and job costs. Too many construction companies do great work, with excellent quality, and make too little money because they don’t know their costs, and how much they need to charge to make a profit.

accounting. They turn over the finances to them without direction or knowing what they want them to do, except pay the bills and balance the checkbook. Business owners realize they need to know their numbers and costs, but don’t dedicate the time required to learn what it takes to make a return on their assets, investments, risk, and time.

To know your numbers and make more money, you must make learning construction accounting a top priority. Foremen need to know what field employees need to do and how to do it. The same is true for business owners and accounting. You can’t run your company if you don’t understand construction finances. Take a class, go to a workshop, attend a boot-camp, read a book, or take an online class. Just like learning a trade, accounting and finance take time to learn. Learn your numbers or don’t expect to get ahead and make any money. And trying to farm it out to someone else doesn’t let you off the hook as the owner of your financial future.

Hard work makes you tired, not rich!

Hard work won’t make you rich

Without an accounting background, many tradespeople go into business and win work charging standard prices accepted in the marketplace. By charging market prices, they keep busy and pay their bills. In the long run, this practice leaves them tired without enough profit to get ahead. To know your costs starts with learning what you need to know. For example, every drywall contractor needs to know how many man-hours it takes to hang drywall per square foot. This requires them to have timecards with work tasks broken down by work activities their crew can track every day. Then at the end of every job, you can determine how many man-hours it took to complete the job tasks versus your estimated budget. Without this ongoing up-to-date knowledge, you’ll never know your costs, be able to track your jobs, estimate the next bid accurately, or make any money.

Knowing your numbers requires owners and managers of every construction company to learn how to read a financial statement, interpret their income statements, calculate accurate job cost budgets, fill out work-in-progress reports, track overhead, determine how much sales are required, and know how much mark-up they need to make a profit. The mistake I see owners make is to hire a bookkeeper who is not experienced or qualified in construction

It seems as if business owners hope hard work will eventually make them money. But the odds of hitting a jackpot, winning the lottery, or inheriting a fortune to create profits, are better than continuing to run their businesses without focusing on numbers. The following numbers you must know, track and review on an ongoing weekly and monthly basis, even if you hate numbers!

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1. Know your mark-up numbers

You must know how much mark-up you need to cover your overhead and profit for the year. Bidding lots of jobs won’t make your numbers work. You need to balance your overhead and profit goals with your mark-up and sales to end up at year end with the profits you want on your income statement.

2. Know your costs

Bidding work starts with knowing accurately how much it costs to actually build work. Do you know your labor, crew and equipment costs? How much does it cost to have a crew on a job per day? How much does it cost to own your trucks, tools and equipment? How many hours does it take your crew to hang 500 sheets of drywall on a ceiling 20 feet in the air?

Your One Tractor Solution 3. Know how much sales you need

How much revenue at what mark-up do you need to cover your overhead and then make a profit? The total annual sales required is determined by the annual overhead and profit you want divided by the gross profit margin you can get in the market you compete in. Do you know these numbers?

4. Know your numbers are accurate

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Know your numbers!

Working hard and performing quality work doesn’t really matter unless you make it your priority to make a profit. Don’t delegate or ignore the most important part of your business. Stay on track by taking at least two to four hours every week to review these numbers with accounting and project managers. This small investment of time will give you a much better return than going out to the jobsite to try and encourage your field workers to go a little faster.

GEORGE HEDLEY works with contractors to build profitable growing companies.

To get your free copy of ‘Everything Contractors Know About Making a Profit!’ email George at GH@HardhatPresentations.com.

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TREES, NEIGHBORS, AND THE LAW or Here’s Some Good Advice So You and Your Client Don’t Get Sued!

Brandon Gallagher Watson | Rainbow Treecare Scientific Advancements

Determining public or private trees may vary by city.

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➾ T RE E S A N D N E I G H BO RS

O

n any given day, arborists across the country are unwittingly dragged into neighborly conflicts. Trees are almost universally praised for the benefits and beauty they bring to the neighborhood.

On the other hand, that same tree is almost universally damned when it bothers one neighbor but is owned by another. It’s not uncommon for a pruning crew to be requested to ‘show up on Thursday when I know my neighbor will be gone’ or give advice as to whether or not this guy’s branches can be pruned back to improve their views. So, what can you tell your client and what should you be practicing to keep yourself out of a lawsuit as well? Let’s take a look at some common ‘frequently asked questions’ arborists get about trees, their neighbors, and the law.

Full Legal Disclaimer: These are the ‘general rules of thumb’ around the country, but of course, there are local laws and ordinances that will supersede these. Always get to know your local laws by contacting the municipal forester or through the Minnesota Society of Arboriculture. I also found the real estate industry to be very helpful when researching this article as it turns out trees and their ownership come up frequently when purchasing property.

Is this my tree or the city’s tree?

Local ordinances will determine which trees are considered public and which are private.

Trees in parks and on other public grounds are certainly considered the city’s responsibility but it varies greatly as to which boulevard trees are considered public. Some include only trees on the street-side of the sidewalk; others include all trees within fifteen feet of the boulevard, even if that tree is in the middle of someone’s yard. If the tree is determined to be the city’s, pruning and removal is the onus of the municipality and requests for this maintenance can be submitted to the city forester. You may also need the city’s permission if you wish to have the tree serviced or removed by an arborist. The city, however, does not need the homeowner’s permission to preform a pruning or removal on a public-owned tree.

My neighbor’s branches hang over into my yard; can I prune them back?

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Trees can be pruned to property line. Always get permission to go on neighbor's property.

Damaged caused by a hazard tree may be the owner's responsibility.

Yes. Legally, you have the right to prune branches and limbs that extend past the property line. However, the law only allows tree trimming and tree cutting up to the property line. In most areas, permission is not needed by the neighbor to do this, but a good practice would be to have the neighbors be in communication. As the arborist, you may not go onto the neighbor’s property without permission or do any practice that may destroy the tree. If you do harm the tree, you and the homeowner could be found liable for up to three times the value of the tree.

more people, it is referred to as a “boundary tree.” In the case of a “boundary tree,” all of the property owners own the tree and share responsibility for it. Any pruning or tree removal requires consent of all the tree’s owners.

A large tree hangs over my yard, but the trunk is in the neighbor’s yard. Is this my tree or theirs?

This is a common issue in urban areas and is a frequent cause of disputes among neighbors. In this case, even if nearly 100% of the canopy is over your yard but the trunk is clearly in the neighbors yard, the tree belongs to the neighbor. If you wish to prune back the branches to the property line, that falls under the same rules as above.

There is a tree directly on the property line between my house and my neighbor's, who is responsible for this tree?

When the trunk is directly on the property line owned by two or

In the case of a “boundary tree,” all of the property owners own the tree and share responsibility for it. Any pruning or tree removal requires consent of all the tree’s owners.

The leaves from my neighbor’s tree keep blowing into my yard, is it their responsibility to rake them up?

Nope. We all wish this were the case but leaves are considered a natural product. Even if the leaves cause damage, like clogging your gutters or pipes, you have no legal claims against the owner of the tree. Additionally, you are responsible for cleaning up any natural products that fall into your yard.

If, however, the tree branches that are shedding the leaves are hanging over your yard, or the tree trunk is encroaching on your may 16

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Tort claims are a common way a city is held for damages.

property, then you have a right to trim those branches up to the property line, but it is still not their responsibility to clean up fallen branches.

If my neighbor owns a fruit tree, and the branches hang over into my property, can I eat the fruit?

No. The fruit of the tree belongs to the owner of the tree even if the fruit hangs into your yard so don’t pick any of the fruit without permission. Rules about fallen fruit, however, vary across the country, so check your local laws to see if you can eat any fruit that falls off the tree. Oddly, if the fallen fruit is considered a nuisance to you, it is considered a natural product, no different than leaves, and thus it is not their responsibility to clean it up.

If you were walking though a public domain, such as a park or a street, and you were injured by a failing tree, you may have grounds for a tort claim.

My neighbor did construction in their yard, and in the process killed a tree that’s just on my side of the property line. Can I get compensated for my loss?

In most cases, yes, the tree owner has the right to sue for damages.

Anyone who engages in tree removal, tree cutting, or injury to the tree without the owner’s permission is liable for compensating the tree owner. In many cases, the tree-owner has been compensated by up to three times the value of the tree. We know, of course, that construction damage can take several years to really start to show

up. This often lands arborists in court as an expert witness to help show work done in the past is what caused a tree to die recently.

A storm knocked down my neighbor’s tree onto my property causing damage. Are they responsible for the damages?

In this case, it depends. If the dispute goes all the way to court, the judge will probably apply a reasonable care standard. If your neighbor took reasonable care to maintain the tree, and the tree did not seem to a reasonable person to be threatening to fall, they probably will not be held responsible. If a reasonable person could not have avoided this from happening in any way, then it will be deemed an ‘Act of God’, and the neighbor will not be liable.

If, after applying this reasonable care standard, however, the judge finds that a reasonable person should have known that the tree branch posed a danger of falling, or that the neighbor never did reasonable inspections to maintain the tree branch, then the neighbor could be found liable of negligence, and therefore responsible for damages to your property. This can also get arborists in trouble if they recently performed a reasonable inspection and did not determine the tree to be a hazard. Always document your inspections as you may be called in later to justify your findings.

The tree that caused damage was a public tree — is the city responsible for damages?

If you were walking though a public domain, such as a park or a street, and you were injured by a failing tree, you may have grounds for a tort claim. Tort is a term derived from the Latin term torquere, meaning twisted or wronged. Tort law dates back to Medieval England and, while tort covers many different types of laws, they are may 16

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➾ T R E E S AN D N EIGHBO R S

Property owner may have to compensate neighbor if construction damages their trees.

This tree was a boundry tree and paid for by both homeowners.

commonly used in the United States as legal means of holding a public entity, like a municipality, responsible for damages that occurred due to the municipality’s negligence in regards to maintaining the safety of their public trees.

Tort claims can mean big dollars paid out by the municipalities.

In New York’s Central Park, several recent tree-related events have resulted in significant settlements. In 2009, a father of two was injured when a large rotted tree branch fell and struck him in the head in Central Park. The case was settled later that year for $11.5 million. Just three months after that, another man was killed by a failing American elm, resulting in the city paying $3 million to his family. In both cases, the suits claimed that the City of New York and the Central Park Conservancy were negligent and should have properly inspected and maintained the park trees. The Parks Department has fewer than 100 climbers and pruners for more than 2.6 million trees, so the expectation that each and every tree is structurally sound is absurd, but the city is still held to this standard.

does not remove the dangerous tree, and the tree does in fact cause damage, your neighbor can be held liable.

If you have spoken to your neighbor about the tree, and they have not done anything about it, the tree may constitute a nuisance. You could file a nuisance claim, and if the court sides with you, they can order the tree removed by its owner.

My neighbor’s tree looks like it’s going to fall on my house.

What should I do?

Homeowners are responsible for maintaining the trees on their property. Legally, they have two duties: make reasonable inspections

If there is ever a case where you are not completely comfortable with the local laws and ordinances, do not perform any service until you know exactly what you can or cannot do.

Waiting a week to perform work while you wait for the neighbors to come to an agreement is much better than spending a week in court. and take care to ensure the tree is safe. Therefore, if a reasonable inspection by an arborist shows that the tree could be dangerous, your neighbor is responsible for the tree removal. If your neighbor

My neighbors complain that the tree in my yard is blocking their vista view; do I have to trim it?

Usually, no. So long as the tree is not posing a safety hazard, there are not normally laws that protect a person’s view. Certain communities or homeowner associations, however, may have height limits or view ordinances that make you responsible for keeping the trees short. If there are no legal guidelines for tree height, talking with the neighbor about how much they would like the tree reduced by and getting them to pay, or at least split, the pruning costs may help resolve it.

Your clients will often look to you as the arborist to be the legal expert as to what they can or can’t do with a disputed tree. We are, however, tree experts and not lawyers. If there is ever a case where you are not completely comfortable with the local laws and ordinances, do not perform any service until you know exactly what you can or cannot do. Waiting a week to perform work while you wait for the neighbors to come to an agreement is much better than spending a week in court.

Additional Resources Tree Owner’s Rights and Responsibilities (University of Tennessee) https://utextension.tennessee.edu/publications/Documents/SP687.pdf Trees and Neighbor Law http://stores.treeandneighborlaw.com/ How to Recognize Hazard Trees (USDA Forest Service) http://www.na.fs.fed.us/spfo/pubs/uf/sotuf/chapter_3/appendix_b/ appendixb.htm

BRANDON GALLAGHER WATSON is an ISA Certified Arborist and Creative Director of Rainbow Treecare Scientific Advancements, and can be reached at bgallagher@treecarescience.com

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➾ DON’T FORGET

UTILITY LOCATES IM PO RTAN T ADVI SO RY TO M E M BE RS RE G A RD I N G U T I L I T Y L O CAT E S

MNLA ADVISES ITS MEMBERS TO REMEMBER THE FOLLOWING: Anytime OR CALLYOU BEFORE Process ticket Anytime you you are are going going to to dig dig anywhere anywhere in in aa landscape, landscape,CLICK CALL BEFORE DIG.YOU In theDIG. metro area, your call the with Gopher Call (GSOC) online gsocsubmit.org the 800–252-1166 metro area, callat651-454-0002 Gopher StateState One One Call at 651-454-0002 or, at outside the metro,or, callinside toll-free least 48 hoursor, in outside metro, call toll-free 800–252-1166.

You must wait an hours afterhas contacting GSOC advancethe of anticipated excavation.

In the busy spring season, beadditional aware that48 experience shown that it can before beginning excavation In the busy spring season, be aware that digging experience that are it take even longer for markingswork. to occur.

You have 96 hours (4 days) to begin afterhas theshown markings can take(Both even the longer for markings occur. rule Remember: 48 hourSundays wait time does not include Saturdays, placed.

48-hour rule and to 96-hour exclude The Saturdays, and holidays.)

Sundays, or national holidays.

After markings have been made, excavators are required to maintain a minimum horizontal (side to side) clearance of two feet (24 inches) between an exposed or unexposed facility and the cutting edge or point of any power operated excavating or earth-moving equipment. For example, if the markings indicate a 6" pipe is buried, the hand dig zone is 54" wide (6" + 24" on each side of the mark). If excavation is required within the hand dig zone, the excavation must be performed very carefully, with vacuum excavation or hand tools, and without damage to the facility or undermining lateral support. Remember that facility depths may vary due to installation practices, changes in the grade, erosion and other variables.

In the course of digging, if you expose a utility line, it is your responsibility to inspect and support the facilities before backfilling. If you damage the utility line, it is your responsibility to immediately notify the utility owner directly.

For a Professional Excavators Handbook, view online at www.gopherstateonecall.org/gsoc-handbook or on the free GSOC App available in your App or GooglePlay store. You can also order hard copies at www.gopherstateonecall.org/about-gsoc/order-promotional-items

MNLA ALSO REMINDS MEMBERS OF THE FOLLOWING INFORMATION: Gopher State One Call has a free mobile app, which offers quick access to many of Gopher State One Call’s resources from a smartphone or tablet, whether you’re at the office or working at a job site. The app is available for both Apple and Android devices. To download the free GSOC app, visit the Apple App Store or Google Play and search for “GSOC” or “Gopher State One Call”.

Minnesota Statutes section 326B.35 clearly identifies that communication utility work is covered by the National Electrical Safety Code (NESC). “Communication utility work” includes burial of telephone and cable TV lines. (Source: Minnesota Department of Labor & Industry Construction Codes and Licensing Division) National Electrical Safety Code table 352-1 requires communication cables to be installed at a 24" burial depth. A lesser depth is allowed if the cable is provided with supplemental protection.

If you cut a communications line during routine lawn work such as aeration, or if you have followed ALL of the utility marking procedures required, yet inadvertently cut a communications line that has not been properly buried, it may be a reasonable business practice to bill the offending utility for any inconvenience caused to you or your customer.

REMEMBER, FOLLOW THE RULES AND CALL BEFORE YOU DIG! 54

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➾ LE G AL ISSUES

The Legal (and Illegal) Ways to Deduct Meal Breaks Automatically Requiring employees to clock in and out for every unpaid meal break is the safest way to ensure your company doesn’t inadvertently violate labor law by under paying workers. But when you’ve got a crew out in the field, tracking breaks can become a logistical tangle.

Patrick McGuiness

Zlimen & McGuiness PLLC

Many employers cut back on the paperwork by automatically deducting a 30-minute meal break for any employee who works a full shift. If you use automatic break deductions, however, it’s important that you follow the law precisely. Otherwise, you could end up on the wrong side of an expensive lawsuit.

It is perfectly legal to automatically deduct meal breaks from a worker’s clocked hours. But you run the risk that workers who end up working during some (or all) of their break will not be paid for all of their work, because 30 minutes have automatically been deducted.

Companies that willfully or negligently allow this to happen could face expensive legal penalties. If you automatically deduct meal breaks, it’s especially important to have appropriate break and reporting policies.

Seven steps to avoiding a lawsuit 1. Require workers to report when they skip a break or when the break is interrupted. Your

company should have a clear policy for workers to follow if they miss a meal break. Whether you require workers to file a written memo or merely to report the aberration to a supervisor, it is important that there is an established routine for reporting when an employee works through a meal break. Many companies play it safe by offering more than one way for employees to report a missed break.

2. Schedule workers for full, 30-minute meal breaks. Minnesota law requires that employers

give any employee who works eight hours or more a meal break. This break can be paid or unpaid, but if it’s unpaid federal law says that it

must be at least 30 minutes long. If workers end up taking a meal break that is less than roughly 20 minutes, you should probably pay them for the time, even if you have unpaid 30 minute meal breaks. It is easier to simply require the workers to take the full 30 minute unpaid break rather than needing to pay for shorter breaks.

3. Don’t bother workers on break. In order for

a break to be off the clock, federal law requires that it be entirely uninterrupted. If workers are interrupted during a break and asked to do work (no matter how minimal) the entire break is generally considered compensable time. To avoid a situation where workers end up working during their breaks, many companies implement policies that make it clear when workers are on break — for example, by requiring workers to take breaks in a location away from where that day’s work is being performed. It need not be a long way away, but far enough away that work isn’t inadvertently done during the break.

4. Require workers to take uninterrupted meal breaks. Sometimes employees end up working during a break because they have to — unexpected, urgent problems arise or customers interrupt them to ask for assistance. At other times, however, a worker may work during a meal break by choice. If it is your company policy that workers get unpaid meal breaks, make sure employees understand that it is a violation of your rules to work during their break. If workers are found to be working during their break, give them appropriate warnings and

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➾ LE G AL ISSUES

NEW MEMBERS

sanctions, so they understand that they are expected to be fully off the clock.

5. Educate workers on your company break policies. All your

workers should be told what breaks they are entitled to, whether the company will automatically deduct their breaks, and what the policy is for reporting when they don’t take a break. If your company has a handbook or written training materials, they should explain your break and time tracking policies and what workers are expected to do to ensure their hours are tracked accurately. These are also important areas to cover in any training or new hire orientation with workers.

6. Only deduct meal breaks that employees take consistently.

Automatic deductions are often appropriate for crews out on a job because everyone takes a break at the same time, and you can easily track the duration of the break and any interruptions. But if your company has retail workers or supervisors who take irregular breaks, you should have a different system for deducting that time — such as requiring them to fill out time cards or to punch in and out when they go on break.

7. Finally, pay workers for any skipped breaks! This should

go without saying, but regardless of what your company’s policies are, if a boss or supervisor knows that an employee worked through his unpaid break, the company should make sure to pay the worker appropriately.

Over the last few years, automatic break deduction policies have led to a growing number of collective action lawsuits against employers, in some cases leading to settlements in the tens of millions of dollars. But at the same time, courts have found that automatic deduction policies are legal if they are implemented properly. This underscores the importance of following strict guidelines to ensure that if an employee skips a break or does work during it, they are paid for their time.

PATRICK D. MCGUINESS,

WELCOME TO OUR NEWEST MEMBERS! Blakeborough Hardscapes Jake Blakeborough Elko, MN, 952-447-7625 Fenton’s Lawn Care Christian Fenton Mounds View, MN, 612-716-5155 Footprint Earth Foundation James Stelter Champlin , MN, 651-967-6358 K&J Contracting, Inc. Kim Herrmann Fridley, MN, 612-201-9292 Lyon Landscape Design Sue Lyon Rogers, MN, 763-242-2352 Natural Green Tim Pearson Osseo, MN, 763-493-5296 Ritter & Ritter Sewer Service, Inc. Joy Larsen-Ritter Aitkin, MN, 218-838-9700 TM Home and Lawn Care LLC Todd Moos Isanti, MN, 612-221-9503 Winfield Jeff Hermes Plymouth, MN, 612-518-8125

Zlimen & McGuiness, PLLC

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➾ C E RT IFICATION

COVER MNLA STORY CERTIFICATION EXAM

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CONGRATULATIONS TO THE FOLLOWING MNLA CERTIFIED PROFESSIONALS WHO PASSED THE EXAM IN 2016!

In order to become MNLA Certified, the following individuals passed a basic horticultural knowledge examination and an exam in a specialization of their choosing: Garden Center, Grower or Landscape. Congratulations to all of you for taking that extra step to set yourself apart as professionals and leaders in the green industry!

Michael Field Premium Properties, Inc. Landscape Specialty

Clarissa Cooper DreamScapes Landscaping & Design Landscape Specialty

Theo Lenneman Southview Design Landscape Specialty

AnnaMarie Mittelstadt Landscape Specialty

Cynthia Schufman Home Sown Gardens Garden Center Specialty

Shannon O’Halloran Landcraft LLC Landscape Specialty

Matthew Redhage Village Green Landscapes Landscape Specialty

Dylan Reid Field Outdoor Spaces Landscape Specialty

Harris Hagen Prescription Landscape Landscape Specialty

Richard O’Hara Apostrophe Gardens Landscape Specialty

Jacob Hoverman Alex’s Lawn & Turf Landscape Specialty

Lindsay Heggemeyer City of Cottage Grove Landscape Specialty

Not pictured: Victoria Kyllo Bailey Nurseries Landscape Specialty

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Marie Howie Lowe’s Garden Center Specialty

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➾ P OI NT OF PURCHASE

POLLINATOR GARDEN POINT-OF-PURCHASE MATERIALS RELEASED: COMMUNICATOR TOOLKIT PROVIDES ADDITIONAL INDUSTRY RESOURCES

WASHINGTON AND COLUMBUS, OH — March 2, 2016 — The Horticultural Research Institute, the research affiliate of AmericanHort, is pleased to announce the creation of new point-of-purchase materials designed for garden retail display. The signage promotes the Million Pollinator Garden Challenge, a national movement to plant more forage habitat for pollinators throughout North America.

The materials carry a simple message for consumers: plant something to support pollinators, and register your garden at MillionPollinatorGardens.org.

Making customers feel good about their purchases has a powerful effect on buying decisions. Research shows that cause marketing not only catches the attention of shoppers, it encourages purchasing and turns customers into advocates for your business. Pollinator health is an increasingly important cause for consumers in all demographics.

Garden retailers have been looking for ways to create awareness and showcase the important role horticulture plays in pollinator health. The Million Pollinator Garden Challenge does the work to drive engagement with customers and inspire them to take action. The pollinator point-of-purchase materials open doors to meaningful conversations with the gardening public. By encouraging consumers to “help us reach one million gardens” by planting and then registering their gardens, retailers have the opportunity to influence purchasing habits and connect their customers to a movement that benefits the environment — something the horticultural community has long strived to do.

“Information and signage addressing horticulture’s role in supporting pollinator health solutions are important,” says Craig Regelbrugge, senior vice president of industry advocacy and research for

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AmericanHort. “It’s for this reason that we developed point-of-purchase materials to communicate with, educate, and motivate retail customers.

These pollinator P.O.P. materials can be an effective addition to industry retailers’ promotions toolkit, while simultaneously promoting an important and global cause.”

Signs, bench cards, and plant tags are all available as print-on-demand items through a special partnership developed between the Challenge’s founders and Garden Center Marketing, a company owned and operated by Timothy Howard.

“It’s great to work with AmericanHort, HRI and the other partners of the Million Pollinator Garden Challenge project,” states Howard.

“We know good signage sells more plants. Combining great signs and a great program can only help garden centers sell more pollinator friendly plants.”

The pollinator P.O.P. materials may be viewed and ordered directly through the Garden Center Marketing website at www.gardencentermarketing.com/page/Pollinator-Garden-Challenge-Signage. Additional marketing materials, including a communications toolkit and social media graphics to further support retailer efforts are available via HRI’s pollinator research website: www.growwise.org/ChallengeToolkit.

About the Million Pollinator Garden Challenge The Million Pollinator Garden Challenge (MPGC), millionpollinatorgardens.org, is a nationwide call to action to preserve and create gardens and landscapes that help revive the health of bees, butterflies, birds, bats and other pollinators across America.

We are encouraging millions of individuals, kids and families to make a connection between flowering plants, pollinators, and the healthy food people eat. The Million Pollinator Garden Challenge was

SCOOP CLASSIFIEDS 25 MATURE SEMI DWARF sweet sixteen apple trees for free. Remove at own expense.

Call Chris at 651-998-0507.

Searching for your next great employee? Looking for a buyer? Place a Scoop Classified ad.

Contact: Faith Jensen 952-934-2891 faith@pierreproductions.com

launched by The National Pollinator Garden Network, a collaboration of stakeholders from horticulture business, garden, pollinator, and conservation communities working together to support the health of pollinating animals.

About Clarity Connect and GardenCenterMarketing.com For 15 years Clarity Connect has provided marketing services and products for the horticulture industry. In 2012 the GardenCenterMarketing.com division was created to help garden centers sell more plants. Now garden centers have a full range of signage solutions including customizable bench cards, pot labels and hang tags.

Hundreds of large signs for plant groupings like Sun Loving, Deer Resistant, Perennials and more are complemented by sign holders, custom signage and websites with plant libraries. Learn more at www.

GardenCenterMarketing.com.

About Horticultural Research Institute The Horticultural Research Institute (HRI), founded in 1962, has provided more than $7 million in funds to research projects covering a broad range of production, environmental, and business issues important to the green industry. Funded by hundreds of green industry philanthropists and businesses, HRI provides effective, efficient, and relevant solutions for horticultural business. Supporting research and guiding efforts that form best practices is exactly how HRI helps build prosperous businesses, advance the green industry, and fulfill its core vision. For more information about HRI, its grant-funded research, or programming, visit www.hriresearch.org or contact Jennifer Gray at 614.884.1155.

JENNIFER GRAY, Research Programs Administrator, Horticultural Research Institute, can be reached at JenniferG@AmericanHort.org

MNLA Office: Exterior Improvement Project — Call for Interested Landscape Designers: The MNLA Board of Directors has commissioned an Exterior Improvements Task Team and committed resources to explore the possibilities that exist to more effectively utilize the Association’s outdoor footprint. The team would like to solicit a Landscape Designer who may be interested in bidding on putting together a design for site. The details of the project are currently in discussion, but the team would like to compile a list of designers to which the specs can be sent upon completion.

Is this something that sounds interesting to you or your firm?

Please send an e-mail, no later than July 1, 2016, to MNLA Executive Director Cassie Larson at cassie@mnla.biz and your name will be added to a list of interested parties.

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➾ OUT & ABOUT

2015

CONGRATULATIONS TO THE 2015 CLASS OF THE GREEN INDUSTRY LEADERSHIP INSTITUTE! All members of the 2015 class were honored at the MNLA Awards Gala with a Certificate of Completion for successfully fulfilling all the requirements of the Leadership Institute.

THE 2015 CLASS: Shaina Berg, Bachman’s Inc. Chad Buran, Margolis Company Chad Harrer, Windsor Companies Kim Knutson, Phillips Garden Problem solving as a team in the fresh air.

Brian Lachermeier, Natural Creations Inc. Chris Laurie, Irrigation by Design Todd Lewis, Prescription Landscape Aaron Madson, Natural Creations Inc. Lucas Martynec, Bailey Nurseries Inc. Cathy Maxson, Sargent’s Landscape Nursery, Inc. Sue Mayer, Bailey Nurseries Inc.

Expert speakers bring key industry knowledge to the experience.

Aaron Smith, Hoffman and McNamara Nursery and Landscape Chris Wacker, Bailey Nurseries Inc. Andy Wilson, Wilson’s Nursery Inc. Rick Winter, Prescription Landscape

The 2016 Leadership Institute is off and running with another full class. All three years of the Green Industry Leadership Institute have been sellouts! Successful candidates will be receiving their certificates as honored guests at an all-industry celebration event at Northern Green 2017.

Back row: Rick Winter, Aaron Madson, Chad Buran, Chris Wacker, Sue Mayer, Aaron Smith, Andy Wilson, Chad Harrer, Lucas Martynec, Todd Lewis.

Front row: Brian Lachermeier, Chris Laurie, Shaina Berg, Kim Knutson, Cathy Maxson.

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SOMETHING NEW IS COMING...

REGISTRATION PACKAGES

3-Day Pass

PRE-REGISTER ON OR BEFORE DEC. 30, 2016

$299

$378

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REG. ONSITE NON-MEMBER

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Choice of 1 Tuesday Master Class (formerly Super Tuesday)

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All exhibits/trade show pass

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Access to sandbox competition EW! N and show floor demos

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Access to sessions in Innovation NEW! & Inspiration Theater

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Morning Coffee

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Career Central

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Networking

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PRE-REG. NON-MEMBER

REGISTER ONSITE

Access to Tuesday’s trade show Preview Party

NEW!

Access to 2 keynote speakers

CEO Corner Office

NEW!

CEO Track Premium Content Interactive Track Exclusive Content

NEW!

3-Day Pass 3-Day Pass + Interactive + CEO Track Track

NEW!

NEW!

2-Day Pass (W–Th)

2-Day Pass 2-Day Pass + Interactive + CEO Track Track

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*Fast Pass check-in: Receive your badge information via email and bring it with you.

When you arrive, visit one of the self-registration kiosks in the Registration Center. **Available to the first 2,000 attendees each day.

More information coming throughout the year and at

WWW.NORTHERNGREEN.ORG

Trade Show Student Only

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JANUARY 10-12,

2017

MINNEAPOLIS CONVENTION CENTER

SE OOOWNR E H C UR T U YO VEN AD

➾ M E M BE R N E W S

TIME TO RENEW! REBATES NOW AVAILABLE Water Well Pump Variable Frequency Drives (VFDs) The amount of energy consumed by many long-running pumping systems can substantially add to operating costs. According to the Department of Energy, pumping systems account for nearly 20% of the world’s electrical energy demand and range from 25% to 50% of the energy used in certain commercial operations. Pumping systems, therefore, are a natural target in efforts to reduce energy consumption.

Xcel Energy customers can earn cash rebates and take advantage of energy conservation opportunities when they install Water Well Pump VFDs in the following applications.

• Municipal water supply

• Agricultural irrigation

• Golf course/landscape irrigation

• Other applications, such as snow-making equipment

Find out more today at xcelenergy.com/MotorEfficiency.

Or talk with one of our energy efficiency specialists at 1-855-839-8862.

© 2016 Xcel Energy Inc.

RENEW TODAY!

It’s that time of year — keep an eye out for your 2016–2017 membership dues renewal notices. In order to save the association printing and mailing costs, please return your renewal promptly.

NEW THIS YEAR!

MNLA now offers a "Delayed Payment Option." Provide your credit card information today and you won't be charged before August 15th (you must select option on renewal form).

With summer approaching, we encourage you to take a minute to reassess your business needs. Don’t pay more than you have to! Please take a moment to review the MNLA Member-Only Exclusive Benefits at www.mnla.biz. Sign in, and take a look under the “MEMBERS ONLY” menu.

Let us help you save on your bottom line! Feel free to contact the MNLA office if we can be of any assistance to you during the renewal process or for any of our products and services offered. We are available at 651-6334987 or mnla@mnla.biz.

Your continued support and involvement as a member of the Minnesota Nursery & Landscape Association is greatly appreciated.

Providing you with education, legislative representation, networking, and other member services is why MNLA exists.

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Join in the FREE fun!

Mem ber

See you at the...

RSVP TODAY!

h t n o M

“Thank You” Socials It’s time to celebrate your awesomeness by joining in the fun during the Minnesota Nursery & Landscape Association’s Member Appreciation Month. The “Thank You” Socials will be held: • August 10th in Roseville at the MNLA office 1813 Lexington Avenue North, Roseville, MN 55113 (If you normally use Hwy 36 to drive to our office, please check our website for alternate routes due to construction on Hwy 36 which will impact the exits at Hamline, Lexington, and Dale.)

• August 24th in the Duluth area at Miller Creek Lawn & Landscape/Garden Center 4818 Swan Lake Road, Hermantown, MN 55811 Both events will take place from 5:00 – 8:00 p.m., and food and adult beverages will be provided!

RSVP on www.MNLA.biz or by calling 651-633-4987.

MemberAppreciationMonth2016-Scoop page.indd 1

3/25/2016 4:55:20 PM

➾ P PA S YM P O S I U M

PPA EVENTS

THE PERENNIAL PLANT SYMPOSIUM IS COMING TO THE TWIN CITIES: AUGUST 1–5!

The PPA Symposium is THE yearly national symposium devoted entirely to perennials. Enjoy learning about and observing perennials, gardens, and production facilities. Best of all, you’ll network with the best in the industry.

What types of activities occur at the symposium?

The PPA Symposium includes specialty tours, a featured Wednesday professional tour, two days of professional multitrack seminars, multiple workshops, a trade show, and numerous networking opportunities. Attendees may select to attend the entire symposium or register for individual days and events.

For wholesale nurseries and other horticultural businesses, the trade show represents an important and unique opportunity for networking with and selling to existing and new customers from across North America.

The symposium and trade show attracts more than 500 attendees from 40 states, Canada and other countries that are keenly interested in perennials, as well as other garden plants. There is something for everyone. Attendees include growers, retail garden center owners and employees, landscape architects, landscape designers, landscape contractors, educators, students and others who are professionals in the perennial industry.

Mark your Calendars for Friday, August 5th — MNLA TOUR DAY MNLA members are invited to all PPA events, but Friday, August 5th is the day MNLA is partnering with PPA for two special tours: A landscape design tour and a retail garden center tour.

The landscape design tour will include: the Garden at the St. Paul Hotel, the Como Park Conservatory, Highland Nursery and four private gardens.

Details for the Retail Garden Center Tour will be available soon!

For information and to register for one or all of the Perennial Plant Symposium Events, visit: www.perennialplant.org.

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➾ LA S T WORD

SICK AND SAFE LEAVE

Cory Whitmer

The Mustard Seed Landscaping & Garden Center

I AM SURE THAT YOU HAVE HEARD that the Minneapolis City Council has formed a task force that is investigating a mandated sick and safe leave policy that would require employers to provide sick and safe leave benefits to part-time employees that work in Minneapolis. This group is called the Workplace Partnership Group. St. Paul has jumped on board with its own task force called the St. Paul Human Rights and Equal Economic Opportunity Commission. There have also been preliminary discussions by the City of Duluth. We could be heading in a direction whereby each city has different employment rules from one another and from the rest of the state. First off, let me begin by saying these proposed ordinance models can be very complex and this is the way I interpreted them.

Let’s start with what Minneapolis is looking at.

Employers with employees that work within Minneapolis, regardless of employer’s business location, would accrue paid time off if an ordinance is passed by the Minneapolis City Council. The accrual rate will be at 1 hour for every 30 hours worked in the city. The employee might also be able to bank up to 80 hours per year. As of right now, this is for all employees working in Minneapolis, regardless of full or part-time status or seasonality. There may be some distinctions by size of employer. Micro-employers with 1–3 employees might be exempt and employers with fewer than 24 employees may be allowed a delayed startup of 6 months after a new employee is hired. If you would like to learn more about what is being proposed in Minneapolis, go to http://www.ci. minneapolis.mn.us/workplacepartnership/index.htm.

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What does all this mean? For a landscape company, it means tracking all hours on projects in Minneapolis and administering the appropriate hours of sick and safe leave for that employee. It will also include any time spent driving through the city to work on projects on the other side of town. That is correct — it is accruable any time an employee is in the City of Minneapolis.

Where it gets a little more interesting is when we start looking at what other cities might propose. This is a city ordinance and not a state mandate, so every city might come out with different policies. St. Paul’s task force might come up with different recommendations than Minneapolis. St. Paul’s accrual rate could be different or have other exemptions applied to their sick and safe time. You would have to track it differently for each city. Then, to extrapolate it out further, what if other cities come up with their own policies regarding sick and safe leave? In that case, we will need to track it for each city. I am based in the southwest suburb and I can’t help but wonder if we will eventually be mandated to apply six different city sick and safe policies to work in St. Paul.

If you would like to share your thoughts on this topic, there is a feedback section for the Workforce Partnership Group at: http://www.ci.minneapolis. mn.us/workplacepartnership/WCMSP-171962.

CORY WHITMER can

SeedInc.com.

be reached at coryw@TheMustard-

7:00

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Closing Keynote

5:00

CEO Premium Content

Concurrent Sessions

7:00

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Ticketed Events

7:00

8:00

MINNEAPOLIS CONVENTION CENTER

JANUARY 10-12, 2017

6:00

Comedy Night

Green Industry Awards Celebration

6:00

Premium Content

Trade Show Preview Party

4:00

WWW.NORTHERNGREEN.ORG

11:00

Campfire, Sandbox, and Theater Sessions

Interactive Track Exclusive Content

Trade Show Open (Free lunch* 11:30 - 1:00)

Campfire, Sandbox, and Theater Sessions

CEO Premium Content

CEO Premium Content

Campfire, Sandbox, and Theater Sessions

Concurrent Sessions

Concurrent Sessions

Trade Show Open (Free lunch* 11:30 - 1:00)

2:00

Campfire, Sandbox, or Theater Session

Full Day Education Seminars/Master Classes

10:00

Trade Show

Concurrent Sessions

Opening Keynote

Concurrent Sessions

8:00

MNLA Legislative Breakfast

Early Bird Session

8:00

*Available to the first 2,000 attendees each day.

Thursday January 12

Wednesday January 11

Tuesday January 10

7:00

Education

at a Glance

SCHEDULE

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