SEPTEM BER /OCTOBER 20 1 7
Looking Back STA RTING ON PAG E 6
at the 85th Legislative Session
Texas Agricultural Product Lien Statute PAGE 10
How to Employ Legal, Seasonal Labor PAGE 14
Secrets on Rooting a Fence Post page 29 One Way To Get Plant Protection Products For The Ornamental Industry page 33 New Members page 35
Official Publication of the
Working for You.
Drainage
Irrigation Products
Landscape Lighting
Pavers & Kitchens
Service with a Smile
Follow us on social media:
Turf & Lawn Care Stop by or call one of our convenient Texas locations: Abilene 325.690.9599 Amarillo 806.467.9530 Austin 512.491.9530 S. Austin 512.712.9530 Bellaire 713.839.9530 Brownsville 956.350.5995 Cedar Park 512.260.9990 College Station 979.690.9191 Conroe 936.441.9200 Corpus Christi 361.814.9530 Cypress (Coming Soon) Dallas 214.902.9530 Duncanville 972.572.9530 El Paso 915.544.7575 S. Fort Worth 817.370.4610
Friendswood 281.482.9530 Georgetown 512.819.9530 Houston 713.937.3799 Humble 281.348.9530 Katy 281.392.8111 Killeen (Harker Heights) 254.953.0202 Lakeway (Austin) 512.266.9530 Laredo 956.722.9530 Lewisville 972.492.9535 Lubbock 806.794.9533 McAllen 956.661.9530 McKinney 469.952.6661 Mesquite 972.329.9530 Midland-Odessa (Odessa) 432.550.8800 North Richland Hills 817.514.9530
Shop online, create quotes and manage your account at EwingIrrigation.com. Register your Ewing account today!
Plano 972.633.9530 San Antonio 210.828.9530 N. San Antonio 210.479.2888 Spring 281.355.9530 Stafford 281.491.7400 Tyler 903.509.1144 Von Ormy 210.622.9634
Tools
S E P TE M BE R /O C TOB E R 2 0 1 7
6 A Review of the 85th Legislative Session
6
The Texas Nursery & Landscape Association advocates for Member businesses at the State and Federal levels. Here’s a review of what happened in Texas’ 85th Legislative Session. By Jeff Stokes, TNLA Legislative & Regulatory Director
10 The Texas Agricultural Product Lien Statute – A Necessary Tool To Enhance Recovery Of Accounts By Bruce W. Akerly, Partner, Malone Akerly Martin PLLC
14 How to Employ Legal, Seasonal Labor?
Navigating the H-2A and H-2B programs can be tricky, this breaks down the process so you can understand the best way to tackle applications, appeals and more. By Arnulfo Hinojosa
18 TNLA Board of Directors Capitol Visit 22 Move to Rescind Water Rule
22
25 GreenVi$ion by Mengmeng Gu, PhD 29 Notes from SFA Gardens by David Creech 33 Bugs & Fuzz by Dr. Kevin Ong and Erfan Vafaie 35 35 37 37 38
New Members New Certified Professionals Classified Ads Calendar of Events Advertiser Index
29
7730 South IH-35 | Austin, TX 78745-6698 | (512) 280-5182 or (800) 880-0343 fax: (512) 280-3012 | email: info@tnlaonline.org | www.tnlaonline.org S E P T E M B E R /O C TO B E R 2 0 1 7
|
T E X A S N U R S E RY & L A N D S C A P E A S S O C I AT I O N
|
W W W.T N L A O N L I N E . O R G
3
PROTECTING THE POSSIBLE At Hotchkiss Insurance, we know when your business is secure, you can focus on what really matters to you. With more than 40 years of experience, Hotchkiss Insurance has proven that we understand what it takes to protect your green industry business. As your strategic partner, our dedicated agents will make sure you have the insurance coverage needed to face the unique risks of your industry with the best rates available and an exceptional service team.
Endorsed by
Call us today.
800.899.3750
www.hiallc.com
TNL A Green
The official publication of the Texas Nursery & Landscape Association September/October | Vol. 19 No. 5 DIRECTORS Chairman of the Board. . . . Chairman-Elect. . . . Immediate Past Chairman. . . . President. . . .
Bill Carson, Austin Todd Kinney, TMCNP, Donna Billy Long, TCLP, San Antonio Amy Graham, Austin
BOARD OF DIRECTORS Region I. . . . Region II. . . . Region III. . . . Region IV. . . . Region V. . . . Region VI. . . . Region VII. . . . Region VIII . . . Supplier Director. . . . Grower Director. . . . Landscape Director. . . . Retail Director. . . . Director At-Large. . . . Director At-Large. . . . Director At-Large. . . .
Kevin Grossberndt, San Antionio Jay Williams, League City Herman Ray Vess, TMCNP, Edgewood Jason Craven, Dallas Jackie Smith, Santo Steven Akers, Slaton Gerry Bower, Weslaco Jared Pyka, Austin Tim Little, Dallas Kevin Norris, Coppell Scotty Rigsby, TCLP, Midlothian Joshua Bracken, TMCNP, Dallas Adrian Thomas Muehlstein, TMCNP, Carrollton Rachelle Kemp, TCLP, TMCNP, Waco Dan Green, TCLP, San Antonio
A Video Message from Amy Graham, TNLA President
TNL A STAFF President/CEO. . . . Director of Finance. . . . Accounting Assistant. . . . Director, Legislative and Regulatory Affairs. . . . Director, Industry Education and Certifications. . . . Administrative Assistant, Strategic Initiatives. . . . Director, TNLA & EXPO Marketing/ Communications . . . Director, Expo Exhibits and Membership. . . . Business Development/Sales Executive. . . . Administrative Assistant, EXPO . . . Office Operations Assistant. . . . Region Field Manager. . . . Communications Specialist. . . . Sales Specialist. . . .
Amy Graham Cheryl Staritz Aimee Luna Jeff Stokes James Theiss, TCLP, TCWSP, Certified Arborist Debra Allen Sarah Riggins ,CEM Amy Prenger, CEM Mike Yelverton , TCNP & TCWSP Trevor Peevey Nancy E. Sollohub Nathan Flint Molly Wallace Amelia Price
MI SSIO N STAT E M E N T
MAGAZINE STAFF Editor. . . . Molly Wallace Graphic Designer. . . . Marie Leonard Ad Sales. . . . Amelia Price
TNLA Green magazine is a member service of the Texas Nursery & Landscape Association, and is published bi-monthly. Advertising information is available from TNLA, 7730 South IH 35, Austin, Texas 78745, online at www.tnlaonline.org, or by calling (800) 880-0343. TNLA office hours are weekdays, 8:30AM - 4:30PM CST. © 2017 Texas Nursery & Landscape Association
S E P T E M B E R /O C TO B E R 2 0 1 7
|
T E X A S N U R S E RY & L A N D S C A P E A S S O C I AT I O N
The Texas Nursery & Landscape Association’s mission is to enhance members’ business success through legislative/ regulatory advocacy, education, networking, and promotion of professionalism.
|
W W W.T N L A O N L I N E . O R G
5
TNLAGREEN
Looking Back at the 85th Legislative Session BY JEFF STOKES, TNLA LEGISLATIVE & REGULATORY DIRECTOR
6
W W W.T N L A O N L I N E . O R G
|
T E X A S N U R S E RY & L A N D S C A P E A S S O C I AT I O N
|
S E P T E M B E R /O C TO B E R 2 0 1 7
TNLAGREEN
THE 85TH REGULAR SESSION WAS A MARATHON AND AFTER 140 DAYS THE GREEN INDUSTRY FARED QUITE WELL. OVER 8,000 BILLS AND RESOLUTIONS WHERE FILED IN BOTH CHAMBERS; 5,268 IN THE HOUSE AND 2,734 IN THE SENATE.
T
his amounted to the second largest amount of bills filed during a Legislative Session in 25 years. With numbers like those, TNLA staff had a lot to review and when it was all said in done we tracked over 300 pieces of legislation. The bills TNLA tracked ranged from legislation affecting local tree ordinances to eminent domain reform. We spent most of the Session playing defense, but we did go on the offensive when bills that were good for our industry were filed.
revenue fund. This fund consists of money deposited to the fund from the pesticide registration fees collected under Section 76.044, Agriculture Code. It would have been administered by the Texas Department of Agriculture (TDA).
Below is a brief overview of a few bills TNLA worked this Session:
This legislation would have required the TDA to coordinate with the Texas Commission on Environmental Quality and Texas A&M AgriLife Extension Service to organize pesticide waste and container collection activities. It would have allowed them to contract for services to dispose of these materials. The bill passed out of the Legislature but to our surprise it was one of the 50 bills vetoed by the Governor.
HB 173 (Rep. Lucio, D-McAllen) – Relating to the licensing and regulation of certain rainwater harvesting
SB 744 (Sen. Kolkhorst, R-Brenham) – Relation to a tree planting credit to offset tree mitigation fees imposed by a municipality
This bill would have required a license to install rainwater harvesting equipment if the quantity was over 500 gallons. We opposed this bill and it never got a hearing in the House Natural Resources Committee.
This bill would have required a municipality that imposes a tree mitigation fee to allow the developer to apply for a credit for tree planting to offset the fee. A developer would be allowed to plant a tree somewhere else in the city on land that they either owned or in a place to which the city agrees instead of paying the fee. If the city bases mitigation on the size of the tree, then requires the amount of the credit to be based on at least 60 percent of the projected size of
HB 572 (Rep. Stephenson, R-Wharton) – Relating to the disposal of pesticides. TNLA staff was asked by the author of this legislation to help move this bill. It would have created the pesticide disposal fund outside of the general
S E P T E M B E R /O C TO B E R 2 0 1 7
|
(continued on page 8)
T E X A S N U R S E RY & L A N D S C A P E A S S O C I AT I O N
|
W W W.T N L A O N L I N E . O R G
7
TNLAGREEN
(continued from page 7) the planted tree at full maturity. This bill passed in both chambers but was ultimately vetoed by the Governor who said it didn’t go far enough. HB 2567 (Rep. Ernest Bailes-R, Shepherd) – Relating to forest pest control. This bill popped up on TNLA’s radar since it added “invasive plants” to the definition of “forest pests.” The bill was brought to Representative Bailes from the Texas A&M Forest Service. The Forest Service’s intent was for “invasive plants” to mean, plants listed on TDA’s Invasive Species list. TNLA pointed out to Rep. Bailes that if the definition in their bill did not point to the TDA list, adding “invasive plants” to the statute would be up to interpretation by anyone in the future. Representative Bailes and the Forest Service agreed
to TNLA’s language and the bill was amended. This was a great catch by our staff and we are fortunate that Rep. Bailes is a friend to TNLA. This legislation is now law. HB 1535 (Rep. Farrar-D, Houston) – Relating to the prohibition of certain pesticides on public road rights-of-way. This bill would have required TDA to ban the use of Neonicotinoids on right of ways. This was an attempt to ban Neonics in a small piece of statute, which would have set precedence that the Legislature has an issue with their use. TNLA staff engaged and worked hard to fight this bill. This legislation never made it out of committee after it was heard. SB 1459 (Sen. Hinojosa, D-McAllen) Relating to incentives to encourage landowners to destroy, remove, or treat citrus trees located in a pest management zone.
TNLA staff did some of the heavy lifting on this legislation. SB 1459 creates and incentive for owners of abandoned Citrus groves in pest management zones to remove or treat their Citrus trees. This bill will help the USDA and TDA control the spread of citrus pests and disease that affect our Citrus folks. The bill has passed and was signed by the Governor. SB 1172 (Sen. Charles Perry-R, Lubbock) – Relating to the regulation of seed by a political subdivision. Prevents a political subdivision from adopting regulation on seeds, including planting seeds or cultivating plants grown from seeds. It implements a statewide seed standardization law. A statewide seed standardization law will prevent local governments enacting bans on genetically modified seed. This has been an issue around the country and this bill is to preempt local governments from enacting such laws in Texas. This is another bill TNLA staff did the lifting on and we’re happy to report it passed and was signed by the Governor. HB 2684 (Rep. DeWayne Burns-R, Cleburne) Relating to the acquisition of property by an entity with eminent domain authority. Equal disclosure of appraisals: Some condemning entities take advantage of a loophole by providing a new or updated appraisal at the special commissioners hearing, giving the property owner no time to assess the new information. The bill would require those entities to provide the appraisal reports no later than three business days prior to a hearing, as is currently required of property owners. Property rights protections in bona fide offer: There are few protections in place that require condemning
8
W W W.T N L A O N L I N E . O R G
|
T E X A S N U R S E RY & L A N D S C A P E A S S O C I AT I O N
|
S E P T E M B E R /O C TO B E R 2 0 1 7
TNLAGREEN
Budget entities to act in good faith when negotiating with landowners. This provision would require certain information to be contained in the “bona fide” offer to allow property owners to better understand the impact of the project. Reimbursement of property owner’s expenses when sued on a low-ball offer: This section of the bill would require the condemning entity to pay reasonable landowner expenses if final damages awarded to the property owner in eminent domain proceedings meet or exceed 20% in excess of the condemner’s final offer. Bond requirement: In some cases, private condemners have declared bankruptcy and failed to pay property owners even though they are in possession of the condemned property. This bill would require nongovernmental condemners to post a bond in the amount of the property owners award, pay the award or deposit the award with the court prior to appealing a court judgement. No property taxes: Condemning entities often take possession of property to begin work prior to the exchange or title or final compensation. In this situation, the condemner has possession, but the original property owner must still pay taxes on the land. Royalty payments: This bill would allow, but not require, a bona fide offer to include compensation to the landowner by means of a royalty or percentage of the net profits generated by the project. Valuation of easements: Would require the court to admit evidence on the price paid for privately
S E P T E M B E R /O C TO B E R 2 0 1 7
|
Comptroller Glenn Hegar released a Biennial Revenue Estimate, projecting an estimated $104.9 billion for state spending in the 2018-19 biennium. This is about $8 billion less than the $113 billion projected for general purpose spending in the 2016-17 biennium. SB 1 (Sen. Jane Nelson R-Flower Mound) $217 Billion over the next biennium We had a couple of issues concerning items in the budget that with affect our industry. First, let’s talk about funding for the Texas Department of Agriculture (TDA). Commissioner Miller did not request an increased appropriation, but he did ask the Legislature to restore several tools that will give the Agency some flexibility when it comes to moving funds around within the TDA. TNLA felt this was a reasonable request and we tried to work with budget writers to make it happen. Unfortunately, his request was not approved. It is TNLA’s opinion that this is bad for industry and could lead to TDA increasing some of our fees in the future. S econdly, the Texas A&M Kingsville Citrus Center in the Valley fared well in the House Budget, but was zeroed out in the Senate version. This would have really affected our citrus folks, because of all that the Citrus Center does for our ornamental growers. TNLA staff coordinated Texas A&M Kingsville’s legislative team and we worked to see the Citrus Center made whole. The Citrus Center’s funding was cut, but ultimately the Senate did restore enough funding so they can continue their mission. As an industry, we had a good Regular Session. Due to the hard work of TNLA staff and with the help of our friends in the Legislature, we successfully worked against several bad bills and moved bills that were good for the Green Industry.
negotiated transaction made in the absence of condemnation authority. By allowing the special commissioners to admit evidence on the freely negotiated right-of-way prices and comparable easement sales, property owners are more likely to receive fair “market value” for their property.
that didn’t have teeth. This bill was a reach, but it would have been a pickup for property owners. That being said, we didn’t lose anything that is currently in statue and the other side didn’t get anything. We will make another run at this in the future.
This bill is the vehicle in the House that contained everything our side wanted. Our coalition (Texans for Property Rights) tried to negotiate with the infrastructure folks to no avail. In the end, our coalition made the decision to tank the bill in lieu of passing a watered-down version
T E X A S N U R S E RY & L A N D S C A P E A S S O C I AT I O N
|
W W W.T N L A O N L I N E . O R G
m
Jeff Stokes is the Director of Legislative & Regulatory Affairs at TNLA. He has been working at the Texas Capitol for seven years. He lives in Austin, Texas with his dog, Tex.
9
TNLAGREEN
The Texas Agricultural Product Lien Statute A Necessary Tool To Enhance Recovery Of Accounts THE TEXAS AGRICULTURAL PRODUCT LIEN STATUTE, TEX. PROP. CODE § 70,401 ET SEQ. (THE “TAPLS”) ALLOWS SELLERS OF AGRICULTURAL PRODUCTS TO PLACE A LIEN AGAINST THE PURCHASER OF AGRICULTURAL PRODUCTS TO HELP ENSURE PAYMENT FROM THE PURCHASER. IT IS A TERRIFIC AND POWERFUL TOOL TO ENHANCE COLLECTION OF ACCOUNTS.
BY BRUCE W. AKERLY, PARTNER, MALONE AKERLY MARTIN PLLC
10
W W W.T N L A O N L I N E . O R G
|
T E X A S N U R S E RY & L A N D S C A P E A S S O C I AT I O N
|
S E P T E M B E R /O C TO B E R 2 0 1 7
TNLAGREEN
The TAPLS The TAPLS applies to agricultural products regardless of whether you deliver the product to a warehouse or to the purchaser itself. The TAPLS defines an agricultural product as a plant grown, produced or harvested from a producer’s operation, whether in a raw or processed form.
price of $70, once you deliver those beauties to Bob’s Best Flower Shop, you have a valid lien against Bob’s Best Flower Shop for $70. Once the purchaser or the warehouse physically has the product, the lien exists against the crop itself and, if any of the crop is sold, against the proceeds of the sale.
Perfecting The TPLS Lien While a lien automatically arises on (continued on page 12)
SHUTTERSTOCK.COM/KSENIIA PERMINOVA
Under the TAPLS a lien in favor of a seller of agricultural products automatically arises when the
producer/seller delivers or transfers the product to the purchaser/ buyer. It typically involves wholesale transaction, although that is not necessary. The lien essentially secures payment in favor of the supplier of agricultural products for the amount owed under the sales contract or for the market value of the crop on the date of delivery or transfer. So, for example, if you have a sales contract with Bob’s Best Flower Shop for five flowering hydrangeas for the contract
S E P T E M B E R /O C TO B E R 2 0 1 7
|
T E X A S N U R S E RY & L A N D S C A P E A S S O C I AT I O N
|
W W W.T N L A O N L I N E . O R G
11
TNLAGREEN
(continued from page 11) delivery of the agricultural products, to claim your lien and make it enforceable, you must “perfect” it. In order to “perfect” the lien, you must file the proper a proper financing statement on or before the 90th day the agricultural product is delivered to the purchaser or the warehouse. Once you create and “perfect” the lien, the lien will have priority over other conflicting third-party interests or liens on the agricultural crop or the sale proceeds created by the defaulted purchaser. If you do not properly perfect your lien, you will have only an unperfected lien and you will no longer have priority over the buyer’s other creditors. So, to summarize, once you deliver your product to the purchaser or warehouse, make sure you comply with the perfecting requirements of the TAPLS to protect your interest. Once your lien is perfected, you will have the legal right to enforce this lien and have one (1) year to collect payment. This includes the right to foreclose your lien. And, the great news is that TAPLS allows the prevailing seller to recover his or her attorney’s fees, court costs, and interest on the lien. Once you receive full payment for the crop or you receive some payment and chose to defer the rest, then the lien no longer exists.
Other Considerations And Options The TAPLS protects sellers by making any waiver of these rights in agreements with a purchaser invalid. Therefore, even if your contract with the purchaser contains a provision that waives your rights to an agricultural lien under this statute, you still can utilize TAPLS to receive payment from the purchaser. The TPLS is not an exclusive remedy. Sellers retain contract protection and may still chose to protect payment for delivered crops through reclamation under the Texas Business & Commerce Code. Tex. Bus. & Comm. Code § 2.105. This section explicitly states that “growing crops” are included in its definition of goods and section 2.501 and allows goods that will be harvested within a year/within the next harvest season to be identified when the crops are planted or becoming growing crops. Under section 2.702 of the Texas Business & Commerce Code, if the seller discovers that the buyer received the goods on credit while insolvent, the seller may reclaim the goods on demand within 10 days from the time of the buyer’s receipt of the goods. The 10 day limitation is an absolute deadline and only does not apply if the buyer made a misrepresentation about its solvency to the seller in writing within
3 months prior to delivery. However, the mere fact that a buyer purchased the goods while insolvent is insufficient to prove your claim under the Tex. Bus. & Comm. Code. To establish a seller’s right to reclamation, the seller must show that the buyer received the goods on credit, the buyer received the goods while insolvent, and the seller must have learned of the buyer’s insolvency and diligently exercise the right to reclamation by demanding the return of the goods within the 10 day deadline. U.S. v. Westside Bank, 732 F.2d 1258, 1260-61 (5th Cir. 1984). Therefore, there is a significant burden on the seller, to even establish your right to reclaim your goods. However, do so can result in a preservation of recovery ahead of other creditors. Further, a seller’s right to reclaim goods does not overcome a bona fide thirdparty’s right to those goods purchased from the defaulting buyer. Brumley Estate v. Iowa Beef Processors, Inc., 704 F.2d 1351, 1362 (5th Cir. 1983). Because the seller takes on risk when allowing the buyer to purchase goods on credit, the seller bears the costs if the buyer defaults. Matter of Samuels & Co., Inc., 526 F.2d 1238, 1252 (5th Cir. 1976); Sorrels v. Texas Bank and Trust Co. of Jacksonville, Tex., 597 F.2d 997 (C.A. 5 Tex. 1979). Therefore, if a defaulted buyer sells your goods before you can demand to reclaim
Once your lien is perfected, you will have the legal right to enforce this lien and have one year to collect payment. And, TAPLS allows the prevailing seller to recover his or her attorney’s fees, court costs, and interest on the lien.
12
W W W.T N L A O N L I N E . O R G
|
T E X A S N U R S E RY & L A N D S C A P E A S S O C I AT I O N
|
S E P T E M B E R /O C TO B E R 2 0 1 7
TNLAGREEN
them, you are out of luck! A successful reclamation of goods excludes all other remedies, including the agricultural lien remedy under TAPLS. Unlike the TAPLS, the Texas Business and Commerce Code requires almost immediate action by the seller, provides limited protection, and does not protect the seller from other perfected security interests. While both remedies should be considered, a logic al place to start is with the TAPLS.
What If The Purchaser/ Buyer Files Bankruptcy? As a general proposition, the TAPLS lien, if properly protected, should survive the filing of bankruptcy by a purchaser/ buyer. Because the lien automatically arises on delivery, the lien should be effective in bankruptcy. The Bankruptcy Code provides that steps to perfect the lien will be permitted even if they are timely taken after the filing and will not be considered a violation of the automatic stay. Prompt perfection of the lien through filing of proper financing statements will also build a good case against having the lien set aside as a preferential transfer.
Legislative Update The TALS has been amended. The effective date of the amendment is September 1, 2017. The amendments are mostly non-substantive and are directed at clarifying certain scope of application and definition provisions. The primary changes seek to clarify the scope of sales involving contract purchaser and a warehouses. The amendment further clarifies, as
S E P T E M B E R /O C TO B E R 2 0 1 7
|
discussed above, that the remedies permitted under the TAPLS are not exclusive. The TAPLS does not limit rights of an agricultural producer to remedies afforded under other applicable law, such as the Texas Business & Commerce Code, the United States Warehouse Act, and common law, including the law of bailment. Further, the amendments clarify that the TAPLS does not affect a consensual lien granted by the agricultural producer to secure a loan to the producer, precedent loans in place to secure financing in favor of a secured lender for the warehouse or contract purchaser, the validity or priority of a cotton ginner’s lien under section 70.003(d) of the Texas Property Code, or the rights of a negotiable warehouse receipt, Finally, the amendment makes clear that it does not apply to a contract purchaser of an agricultural crop from an agricultural producer under a marketing contract created under section 52.016 of the Agriculture Code or regulations adopted by the US Department of Agriculture under title 7 of the United States Code.
can always be released if payment is made. Also, the sooner to perfect the less chance there is that the perfection will be questioned in the event of bankruptcy. Do not forget other options available for collection. While nothing in this article should be taken as legal advice, when proceeding to perfect remedies under the law, it is always wise to consult counsel. Of course, we would be happy to assist you in this regard.
m
The author is a partner in the Dallas, Texas law firm of Malone Akerly Martin PLLC (MAM). He can be reached at bakerly@ mamlaw.com. The author gratefully acknowledges the assistance of Cooper Walker, an associate with MAM and Kristen Meeks, an SMU law student and summer law clerk with MAM.
Conclusion The TAPLS has a number of nuances that cannot be fully presented or explored in this article. It provides an excellent tool to enhance collection of questionable account. It should not be ignored. Theoretically, every sale of a significant size should be monitored with an eye toward whether payment will be made within terms. If not, perfection of the automatic lien under the TAPLS should be accomplished before the deadline to do so. The lien
T E X A S N U R S E RY & L A N D S C A P E A S S O C I AT I O N
|
W W W.T N L A O N L I N E . O R G
13
TNLAGREEN
How to Employ Legal, Seasonal Labor? BY ARNULFO HINOJOSA
SHUTTERSTOCK.COM/DELPIXEL
14
W W W.T N L A O N L I N E . O R G
|
T E X A S N U R S E RY & L A N D S C A P E A S S O C I AT I O N
|
S E P T E M B E R /O C TO B E R 2 0 1 7
TNLAGREEN
THE H-2A AND H-2B FEDERAL GUEST WORKER PROGRAMS PROVIDE A SOLUTION TO THE CURRENT LABOR MARKET SHORTAGE BY ENABLING COMPANIES THAT QUALIFY TO ACQUIRE SEASONAL MIGRANT LABOR TO COME AND WORK ON A LEGAL WORK PERMIT.
Basic Qualifying Criteria: • Prove you have a true temporary/seasonal need • Prove that there are no domestic workers willing and capable to fulfill the positions you have available
Some Major Requirements to Participate in the H-2A and H-2B Programs: • U.S. Recruiting Activities – Help wanted ads testing the local labor market • No layoffs of similarly employed U.S. workers • Job opportunity is full time for entire season • Provide all tools, supplies required to perform the job at no cost • Inbound and Outbound transportation & subsistence expenses provided or reimbursed • H-2A Only – Provide housing at no cost to the workers
Advantages of the H-2A and H-2B Programs: • Comfort in knowing you have a legal workforce
Things To Keep In Mind About The H-2A And H-2B Programs:
• Access to an abundant labor supply from foreign countries
• Not a way to “legalize” undocumented workers currently in the U.S.
• Repeat workforce year after year
• U.S. Department of Labor sets the wage
• Less turnover and reduced training cost
• Complete process can take 4-5 months
• Efficiency in operations through higher labor productivity
• H-2B Only - Statutory Cap limitation of 66,000 visas per fiscal year
• Improved corporate image
(continued on page 16)
S E P T E M B E R /O C TO B E R 2 0 1 7
|
T E X A S N U R S E RY & L A N D S C A P E A S S O C I AT I O N
|
W W W.T N L A O N L I N E . O R G
15
TNLAGREEN
(continued from page 15) In today’s partisan political climate, it is easy to dismiss the political process as broken and assume that nothing will be done to help landscape companies that use the H-2B program. It can be frustrating to contact your elected officials over and over about the endless trials and tribulations of the H-2B program. However, your calls, emails, letters and tweets are making a difference. We were finally able to get some limited cap relief for this year and are working on a long-term solution. Working together, we can make a difference. After a concerted lobbying effort, Homeland Security Secretary Kelly announced on July 19 a final rule that increased the fiscal 2017 H-2B cap by 15,000 visas. To apply for the visas, employers must attest that they will likely suffer irreparable harm without the ability to employ the H-2B workers requested in their petition. In announcing the rule, the Secretary stressed that this action is a one-time cap increase that will expire on Sept. 30, 2017. While we are pleased about the H-2B cap relief, we are dismayed it took over two months for the Department of Homeland
Security to release the visas and that the cap increase was smaller than permitted by Consolidated Appropriations Act of 2017. President Trump signed appropriations legislation on May 5 that gave the Department the authority to release up to 69,320 H-2B visas. FEWA continues to encourage Congress to pass H-2B cap relief for fiscal year 2018, as well as pass permanent H-2B relief along the lines of the S 1792, the “Save Our Small and Seasonal Businesses Act of 2017” and HR 2004, the “Strengthen Employment and Seasonal Opportunities Now (SEASON) Act of 2017.” For these efforts to be successful, we need everyone to continue to engage their lawmakers by doing the following: • Call your Senators and Representative and ask them to cosponsor legislation to fix the H-2B program. • Ask your Senators to cosponsor S. 792, the Save Our Small And Seasonal Businesses Act Of 2017. • Ask your Representative to cosponsor H.R. 2004, the Strengthen Employment And Seasonal Opportunities Now (SEASON) Act. • If you do not know their direct numbers, you can reach them through
the Capitol Switchboard at (202) 2253121. Once connected to the office, ask to speak to the person who handles H-2B issues. • Encourage your employees, coworkers, customers and suppliers to also call their Senators and Representatives. • Set up meetings locally with your Senators and Representative. • Email your Senators and Representative. • Tweet at your Senators and Representative using #SaveH2B. We will not give up on this fight for H-2B cap and other relief. We appreciate you joining us in this fight.
m
Arnulfo Hinojosa is Vice President for the Federation of Employers and Workers of America, FEWA. FEWA is a national nonprofit association that consist of employers across the country and workers around the world that utilize the temporary guest worker programs, H-2B and H-2A. FEWA is the national voice of the existing legal guest worker programs community. www. fewaglobal.org 1-877-422-3392, ahinojosa@ fewaglobal.org
Your calls, emails, letters and tweets are making a difference. We were final able to get some limited cap relief for this year and are working on a long-term solution. Working together, we can make a difference.
16
W W W.T N L A O N L I N E . O R G
|
T E X A S N U R S E RY & L A N D S C A P E A S S O C I AT I O N
|
S E P T E M B E R /O C TO B E R 2 0 1 7
TNLAGREEN
State Capital Tour and Legislator Visit BY BILL CARSON, TNLA BOARD CHAIR
18
W W W.T N L A O N L I N E . O R G
|
T E X A S N U R S E RY & L A N D S C A P E A S S O C I AT I O N
|
S E P T E M B E R /O C TO B E R 2 0 1 7
TNLAGREEN
W
hile in Austin for the March TNLA Board meeting, the Board members were treated to a State Capital tour guided by Jeff Stokes, our Legislative and Regulatory Director. The visit was timed so that we could see the legislature in session and have an opportunity to visit our representatives. Jeff explained the procedure by which bills become law and showed us the hearing rooms, the House Chamber, and Senate chamber where bills progress through the process. While in the House chamber gallery, the TNLA Board was introduced from the dais as a group attending the session. After the tour, Board members disseminated throughout the House and Senate offices to visit with the representatives from their home districts. Legislators were each provided with a swag bag of TNLA items to remind them that TNLA is an active participant in the State’s political scene and legislative process. TNLA had no particular issue coming before the legislature at that time, but contacts were made that will certainly be helpful at some time in the future.
m
All of the Board members were pleased to see that TNLA’s presence at the Capital was well recognized and appreciated. The Member value that comes from our presence whenever the legislature considers issues that impact our industry should be acknowledged. S E P T E M B E R /O C TO B E R 2 0 1 7
|
T E X A S N U R S E RY & L A N D S C A P E A S S O C I AT I O N
|
W W W.T N L A O N L I N E . O R G
19
TNLAGREEN
The Environmental Protection Agency & Army Corps of Engineers
Move to Rescind Water Rule BY CRAIG REGELBRUGGE
22
W W W.T N L A O N L I N E . O R G
|
T E X A S N U R S E RY & L A N D S C A P E A S S O C I AT I O N
|
S E P T E M B E R /O C TO B E R 2 0 1 7
TNLAGREEN
T
his Summer, EPA and the US Army Corps of Engineers released a proposed rule to rescind the Obama Administration’s Clean Water Rule, also known as the WOTUS Rule. The agencies also proposed to re-codify the regulatory text that existed prior to 2015 defining “waters of the United States.” According to EPA and the Corps, this proposed rule is intended to provide certainty during an interim period while the agencies work to craft a “substantive re-evaluation of the definition of ‘waters of the United States.’” The agencies intend for the proposed rule to be “implemented in accordance with Supreme Court decisions, agency guidance, and longstanding practice,” according to an EPA press release. The proposal follows President Trump’s February Executive Order on “Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule.” The Order states that it is in national interest to protect our nation’s navigable waters from pollution while also promoting economic growth and minimizing regulatory uncertainty.
m
The Green Industry has had concerns with the WOTUS rule because of the regulatory uncertainties and potential liabilities that it created.
S E P T E M B E R /O C TO B E R 2 0 1 7
|
T E X A S N U R S E RY & L A N D S C A P E A S S O C I AT I O N
|
W W W.T N L A O N L I N E . O R G
23
Broad-spectrum results now in a one-step mix. Neem Pro EC is a new form of Neem Oil which dissolves smoothly in water, EPA approved for use as a pesticide for vegetables, lawns, fruit and nut trees. Strong enough to kill an infestation and then repel pests for weeks afterward. More ‘Azadirachtin’ means fewer sprays; increase yields while cutting costs.
Works for treating THRIPS, SPIDER MITES, APHIDS
& hundreds of other pests in the garden & landscape. NEEMPRO.COM 903.818.2017 SALES@NEEMPRO.COM
Distributed By:
Closer Mowing Heights Superior Turf Density
Impressive Leaf Texture Dark Green Color
Upright Leaf Blade Orientation Drought Tough Superior Sod Strength Cold Tolerant Excellent Traffic Pest Resistant Tolerance Good Lateral Vigorous Growth Root System
12 Reasons Why TifSport Bermudagrass Is the Standard For Texas Lawns & Landscaping
TIFSP RT
For More Information and a List of Licensed Growers Go to: www.tifsport.com 24
W W W.T N L A O N L I N E . O R G
|
T E X A S N U R S E RY & L A N D S C A P E A S S O C I AT I O N
|
S E P T E M B E R /O C TO B E R 2 0 1 7
TNLAGREEN
G R E E NV I$ IO N
What I Have Learned BY DR. MENGMENG GU
I
Dr. Mengmeng Gu, Department of Horticultural Sciences, Texas A&M AgriLife Extension
was recently invited to give two talks on crapemyrtle bark scale at Cultivate17 at Columbus, OH. Many woody growers in Texas may not be familiar with Cultivate, probably the largest horticulture industry trade show and education event hosted by AmericanHort. It was originally called ‘OFA Short Course’, but has been changed to ‘Cultivate’ since the merger of OFA and American Nursery and Landscape Association (now called ‘AmericanHort). Here are some things worth reporting from the trader show floor.
Landscape EXPO or Gulf State Horticulture Expo. Two of the most recent advances in greenhouse automation are cutting sticking machine. One is Visser AutoStix system. Unrooted cuttings come in stripes, which are loaded in Visser and the cuttings are stuck automatically. See on YouTube. The other one is ISO cutting sticker, where bagged unrooted cuttings are manually loaded but automatically separated on the blue conveyor belt. A mechanical hand picks up a cutting and stick in trays. Huge savings on labor! Watch ‘Visser AutoStix System’ and ‘Metrolina’s cutting sticking robot’ on YouTube for video demonstration.
Sticking Robots Due to its origin as a greenhouse industry trade show and education event, Cultivate17 is still heavy on the greenhouse industry, compared to Nursery/
(continued on page 26)
FIGURE 1. The recent rise in cannabis growers may be contributing to the increase in variety of LED lighting systems. S E P T E M B E R /O C TO B E R 2 0 1 7
|
T E X A S N U R S E RY & L A N D S C A P E A S S O C I AT I O N
|
W W W.T N L A O N L I N E . O R G
25
TNLAGREEN (continued from page 25)
LEDs I lost counts of how many LED vendors were at Cultivate17. Of course there were big names like Phillips, but research and development in LED lights have made great progress in recent years. What’s that plant? You may ask why there are that many LED providers.
The plant in Fig. 1 may be one of the answers. I need to be educated on this. As much as I say that I am a plant person, I don’t know that big plant Fig. 1. I never learned anything about it and have never seen it. Just as I lost count of the LED vendors, I lost count of booths with pictures or plastic representation (insert of Fig. 1) of this mysterious
plant. While waiting to get lunch, I couldn’t help but overhear a person with a recognizable name from a big greenhouse operation in Michigan telling her friend on the phone that they had thrown their name in to compete for the limited number of license to grow this plant. It also seemed like many of the equipment providers (greenhouse, LED, hydropinics, etc.) are winking at you when they tell you what you could do with their equipments.
More Woodies
Your Landscaping Essential
Since it is ‘Cultivate’ and not ‘OFA’ any more, there are more and more booths and new cultivar showcase at the trade show floor. With two small plant providers in Michigan (Spring Meadow Nursery in Grand Haven and Walter’s Gardens in Zeeland) offering their own crapemyrtle cultivars, I was not surprised at all to see many crapemyrtle cultivars. Once a giant focusing on just annuals, Ball has acquired many businesses focusing on plants other than annuals such as Star Roses, which not only offers roses but also their own crapemyrtle cultivars. Another genus with many cultivars at the floor was hydrangea. Lots of new hydrangea cultivars. Since my last visit to Cultivate 4 years ago, there has definitely been a lot of change.
m
(800) 441-8482 Vitamin Institute North Hollywood, CA 91605
Always ahead in science and value. 26
W W W.T N L A O N L I N E . O R G
|
T E X A S N U R S E RY & L A N D S C A P E A S S O C I AT I O N
|
S E P T E M B E R /O C TO B E R 2 0 1 7
TNLAGREEN
I N ME MO RY Eddie Pearson passed away on August 11, 2017. Eddie worked at Vital Earth for 15 years, and was frequently heard saying that he “Lived to Sell.” He had a tremendous work ethic and a great love for people. Eddie was a man of great faith and spent many hours working in a prison ministry in Texarkana. He was a fine man who led an exemplary life. Vital Earth, TNLA Region III and all who knew him personally or professionally will miss him greatly.
Harry Hollander, founder and owner of Abbott-IPCO, Inc. and Classic Caladiums, LLC passed away on July 28, 2017. Harry will be remembered in the horticulture industry for importing Holland flowerbulbs and perennials to Texas’ Dallas Arboretum and Botanical Gardens and many others through AbbottIPCO, as well as for improving performance and advancing available Caladium varieties through Classic Caladiums. Harry will be remembered as a soccer fan, a lover of dogs, a proud and loving grandfather, an amazing business man who took care of his companies and employees. Harry will be greatly missed by all who knew him.
Applications for the 2017-2018
must be submitted by November 3, 2017 Find entry forms, information and helpful information at tnlaonline.org
S E P T E M B E R /O C TO B E R 2 0 1 7
|
T E X A S N U R S E RY & L A N D S C A P E A S S O C I AT I O N
|
W W W.T N L A O N L I N E . O R G
27
People. Knowledge. Relationships. Keeping our promises since 1963.
Offering the industry’s most comprehensive selection of landscape and irrigation supplies, Horizon is the one stop shop for over 27,000 green industry professionals. We carry professional-grade products in irrigation & drainage, landscape and safety, lighting and outdoor living, and outdoor power equipment, parts & service. Visit us online or stop in to your local Horizon store. Austinê .................... 512.282.2331 Bedfordê .................. 817.545.7756 Corpus Christi ............ 844.804.1501 Dallas. ....................... 972.466.1600
Frisco ........................ 972.712.5000 Ft. Worth .................... 817.877.5052 Houstonê ................. 713.934.9500 Richardsonê ............. 972.680.0007
Round Rock. .............. 512.255.1990 San Antonio ............... 210.408.9090 Spring........................ 281.681.0600 ê=Service Center on site
HorizonOnline.com shop online at 247.HorizonOnline.com
irrigation | outdoor living | landscape | equipment | irrigation | outdoor living | landscape | equipment | irrigation | outdoor living | |andscape |
Labor Saver Purple Pillar® Hibiscus syriacus ‘Gandini Santiago’ pp#25,568
If only all your plants cared so much about your bottom line. Purple Pillar® Rose of Sharon requires no pruning and requires little spacing saving you labor and money. Landscapers and homeowners love its unique, upright architecture which is perfect for making tall, narrow flowering hedges or screens, kind of like a Fine Line® buckthorn with big, purple flowers. It’s just one of the over 270+ Proven Winners® shrub varieties available from Spring Meadow Nursery. We have 2¼”, 4” and Quick Turn™ liners available for 2017. 100c / 0m / 81y / 66k
Contact Amy Howard
616-223-3365
45c / 15m / 90y / 20
www.springmeadownursery.com 800-633-8859 ext.1105
28
TNLA-Sept Oct_Purple Pillar.indd 1
7/26/17 8:00 AM
W W W.T N L A O N L I N E . O R G
|
T E X A S N U R S E RY & L A N D S C A P E A S S O C I AT I O N
|
S E P T E M B E R /O C TO B E R 2 0 1 7
TNLAGREEN
N OTES FRO M SFA G A R DE NS
Secrets on Rooting a Fence Post BY DAVID CREECH
S
Dr. David Creech is Regents Professor Emeritus at Stephen F Austin State University and the Director of SFA Gardens
ome folks think a good propagator is born not made. Whether it’s rooting or grafting, they just have a special connection with plants. I call it biophilia. I knew a nurseryman, Sherwood Akin (1917-2007), in Sibley, Louisiana, who swore he could root a fence post if you gave him enough time to figure it out. With a rudimentary greenhouse and rather crude mist system, he did quite well, rooting a wide range of easy and hard-to-root plants. He rooted Japanese maples with a passion in good percentages; that always impressed me. I would ask, “What’s your protocol?” He would say it
(continued on page 28)
Flat on mist bench with bottom heat.
was a secret, a gift from God, and he didn’t tell people his secrets. Years later he warmed a bit and wrote me a letter sharing some of his tips and tricks. None of it was earth shattering: a sharp knife, strong stock plants, rooting hormones, deep cavity trays, a loose substrate and changing mist timing based on what the sun, temperature and God told him to do. There’s another propagator I’ve long admired: Carl Whitcomb. He’s an academic, father of the Dynamite crape myrtle (the first red), ground breaking work with micronutrients, container geometry and an all-around Horticulture industry guru. Over the years, he’s had plenty to say about nursery production and plant propagation. His 1996 ‘Top Ten Points of Propagation’ is still a relevant read (Combine Proceedings of the (continued on page 30)
Hot water heater system for bottom heat and heated mist.
S E P T E M B E R /O C TO B E R 2 0 1 7
|
T E X A S N U R S E RY & L A N D S C A P E A S S O C I AT I O N
|
W W W.T N L A O N L I N E . O R G
29
TNLAGREEN (continued from page 29) International Propagator’s International Plant Propagators’ Society - Combined Proceedings, Volume 48, 1996, 558-562). • Increased light intensity improves rooting, plant growth and minimizes production problems • Adding modest levels of slow-release nutrients during propagation aids r
oot development and subsequent liner plant growth • Direct sticking of cuttings helps improve performance and reduce transplanting. • Proper care and nutrition of the stock/mother plants plays a big role in cutting success
• Rooting with softwood cuttings, rather than semihardwood or hardwood cuttings often improves plant performance • Deeper pots allow for better drainage • Water chemistry affects rooting – some well water may be too salty, too alkaline. • Timing – the perpetual challenge of when to take cuttings • Air pruning of roots of cuttings is beneficial • Rooting hormones – a mixed bag: sometimes helpful, sometimes not needed.
Safety and Dividends Go Together Like Seed and Soil. Texas Mutual wants to put more green in your business—that’s why we provide group and individual dividends to companies that keep their people safe. Plus, as a member of the Texas Green Industry Safety Group, you may receive a greater discount on your workers’ comp premium. We’re helping our policyholder owners be safer and stronger and we think you'll find it very rewarding. To see how safety can grow your dividend, contact your agent or Becky Walker at (972) 512-7770 or bwalker@hiallc.com.
One of the problems in our plant propagation world at SFA Gardens has been getting fast rooting and good percent success in the winter. Lingering too long in the mist bed leads to cutting death. With bottom heat, callusing and rooting speed up. While there are a myriad of bottom heat systems to choose from, we decided to build a modified version of a system I had seen at Nurseries Caroliniana, North Augusta, SC. Ted Stephens used a domestic hot water heater and pipe layout to create a spider web of heat under the plants. At the SFA Gardens poly house, we created a 4’ wide bench, 90’ long. The river of heat from our conventional water heater (40 gallon, 40,000 BTU) is controlled by two thermostats, basically the temperature of the water going out of the heater and the temperature as it goes back into the heater. We target a ten to fifteen degree flex on the system so the pump can run intermittently. Our goal in the
While we can’t guarantee dividends every year, Texas Mutual has returned more than $2.2 billion to safety-conscious policyholder owners since 1999. © 2017 Texas Mutual Insurance Company
30
W W W.T N L A O N L I N E . O R G
|
T E X A S N U R S E RY & L A N D S C A P E A S S O C I AT I O N
|
S E P T E M B E R /O C TO B E R 2 0 1 7
TNLAGREEN
winter is to have an average root zone temperature of 85F. At that time of year, our water source normally runs in the sixties. The hot water heater is connected to a PEX pipe system. Made of high density polyethylene, the pipe is approved for residential or hydronic heating applications. We’ve learned a lot by trial and error. The pipe system needs to be a continuous river with no branching (PEX is easy to bend and can be crossed). Through trial and error, we’ve learned how the lines can be positioned to optimize temperature uniformity. Having a continuous coverage of flats over the pipe avoids heat escaping. I suspect an insulation layer below the pipes on the bench would add to the efficiency. To add to your propagation envy, not only do we have bottom heat, we now have warm mist. The results are faster rooting and more cutting crops per mist bed per winter season. While it’s taken a little tinkering, we finally have a system that performs as envisioned, something that’s rare in my life.
Sherwood Akin, Sibley La, one of Dr. Creech’s propagation mentors.
If you’re really into plant propagation, consider being part of the excitement of the Southern Region International Plant Propagators Society (IPPS), the goto place for new ideas and the latest production strategies for superior plants. The good news is that this year’s annual conference is in Dallas, October 29-31, 2017. We’d love to see you there.
m
Dawn Stover, of SFA Gardens, by a mist bed.
S E P T E M B E R /O C TO B E R 2 0 1 7
|
T E X A S N U R S E RY & L A N D S C A P E A S S O C I AT I O N
|
W W W.T N L A O N L I N E . O R G
31
Correction: WAT E R M A N A G E M E N T S O L U T I O N S
PRODUCT GUIDE
Includes all you need for the ultimate water management systems: Driplines, Valves, Sprinklers, Controllers, Injectors, Sensors, Tubing and much more. APOLLO DISC FILTER Reaching for the Stars
mini-wobbler
Greenhouse & Nursery Systems • For misting, humidifying, fogging and sprinkling
Bridgeless Micro Sprinkler
(100 micron fog)
• Bridgeless design - no dripping • Flat trajectory • High distribution uniformity
Container Systems Self-flushing
• For ponds, canals and rivers • 50 to 3,500 GPM and up • Automatic and pre-assembled • Compact - fits in 14’ x 6’ area or less • Quick backflush
Twist Weight Assemblies • On/Off feature • Highly versatile
Spray Stakes
• Unique oval pattern • Multiple flow rates
PC and non PC
3804-D Woodbury Drive • Austin, TX 78704 www.submatic-usa.com 512.440.7744 • Fax 512.440.7793
32
W W W.T N L A O N L I N E . O R G
|
Please note that the Bugs & Fuzz column “The Scout’s Tool Belt: Supplies for Every Pest Management Scout” in the July/August issue of TNLA Green Magazine was erroneously attributed to Dr. Kevin Ong. The column was written by Dr. Erfan Vaie of the Texas A&M AgriLife Research and Extension Service.
T E X A S N U R S E RY & L A N D S C A P E A S S O C I AT I O N
|
S E P T E M B E R /O C TO B E R 2 0 1 7
TNLAGREEN
B U G S & FU ZZ
One Way To Get Plant Protection Products For The Ornamental Industry BY DR. KEVIN ONG AND ERFAN VAFAIE
A
t this day and age, many of us eschew using little or no pesticide products in growing plants or maintaining a landscape. We do this for several reasons. One of which is the desire to be friendly to nature and the other is to save money – pesticides do cost money. In most best management approaches to dealing with pests and pathogens, pesticides are to be viewed as a tool in a toolbox of many tools that can be used to manage plant health issues and to suppress pests and pathogens. At the Texas Plant Disease Diagnostic Lab, we are often asked for recommendations to disease solutions. Whether it is a grower, landscaper or homeowner, if our management recommendation includes a pesticide product, always comes with the warning to READ AND FOLLOW THE PRODUCT LABEL. Those of you that have a pesticide applicator license realize that there is a misuse statement on all pesticide labels that reads “it is a violation of Federal law to use product in a manner inconsistent with its labeling.”
S E P T E M B E R /O C TO B E R 2 0 1 7
The cost for discovering and bringing a crop protection product to market is said to be estimated at US$260 million and above 10 years from discovery to market. Much of research on crop protection are done on major crops such as cotton, corn, soybeans and wheat. Specialty crops, including ornamentals, often get left out because of the high expense associated with development and research to support the pesticide registration for any particular species of plant. Did you know there is federal help for plant protection product development and registration? There is a national program that has been in place since 1963 which helps to facilitate new (continued on page 34)
IR-4 project is the major resource for supplying pest management tools for specialty crop growers by developing research data to support new EPA tolerances and labeled product uses.
SHUTTERSTOCK.COM/PRESSMASTER
Dr. Kevin Ong (top) directs the Texas Plant Disease Diagnostic Lab. He is an Associate Professor in the Department of Plant Pathology & Microbiology at Texas A&M University. Erfan Vafaie (bottom) is Extension Program Specialist (IPM) at Texas A&M AgriLife Extension
In pest and disease management, it is important for practitioners to have good “ammo” to use against the problems. Have you ever thought about how some pesticides are labeled or get their labels for use on ornamentals?
To learn more about the IR-4 project, visit http://ir4.rutgers.edu
|
T E X A S N U R S E RY & L A N D S C A P E A S S O C I AT I O N
|
W W W.T N L A O N L I N E . O R G
33
TNLAGREEN
Trivia
(continued from page 33) product registration for “specialty crops and minor uses”. The IR-4 project is a cooperative partnership between federal agencies such as USDA and EPA with agrochemical industry, commodity groups and growers with the mission goal to “Facilitate Regulatory Approval of Sustainable Pest Management Technology for Specialty Crops and Specialty Uses to Promote Public Wellbeing”. There are several programs within the IR-4 project, but the one that affects us the most is the Ornamental Horticulture program which came about in the early 1970s due to the awareness that there was a need to register plant protection products for non-food uses. Specific projects within this program area involves collecting efficacy and crop safety data. Every two years, there is a “workshop” where some growers, researchers, chemical company reps and regulatory folks from all over the US come to meet and to discuss priorities. At this meeting, discussion can sometimes
The first IR-4 supported registration for new uses on ornamentals were the fungicide: Banrot, and herbicides: glyphosate and Ronstar in 1978.
get heated as decisions are made to prioritize research areas for the next two years. This year, the ornamental group will be meeting in San Diego to discuss priorities for the next two years. The IR-4 personnel are very cognizant of their role to help growers and other end-users to have the correct tools to deal with pest, disease and weed issues. Dr. Cristi Palmer, the IR-4 Ornamental Program manager puts out a survey prior to these meetings to gauge the industry’s pest management needs. This information is often used to form the agenda for discussion at the meeting. A big THANK YOU to all of you that participated on the survey. That information helps to guide and shape the development of
the pesticide priority needs for our ornamental industry for the next two years or more. Even though priorities are set biannually, the discussion of what is available and what the industry would like is a continuous process. Input can always be share with the Texas IR-4 liaison, Dr. Mark Matocha (he represents TX interests particularly in the Food Use area) or to myself, Kevin Ong (for Ornamental Horticulture needs) so that we can bring your plant protection needs to the attention of the IR-4 program. Your input is valuable to this process that ultimately aims to benefit growers and landscape professionals. -KO
m
IR-4 Ornamental Horticulture Program Survey Please participate and let your voice be heard! Help set the pest management needs of the ornamental industry of the next two years. Survey is open until September 7, 2017. http://ir4cf.rutgers.edu/Ornamental/Survey/index.cfm
Don’t Delay, Fill Out The Survey Today!
34
W W W.T N L A O N L I N E . O R G
|
T E X A S N U R S E RY & L A N D S C A P E A S S O C I AT I O N
|
S E P T E M B E R /O C TO B E R 2 0 1 7
TNLAGREEN
Welcome!
NE W ME MB E R S
TNLA would like to welcome its new members. If you would like to become a member, or if you have anyquestions or concerns about your current membership, please contact us at 800.880.0343. Visit www.tnlaonline.org to learn about the benefits of becoming a part of TNLA.
REGION 1 Education
Northside ISD – O’Connor High School Bryan Hawkins 12221 Leslie Rd. Helotes, TX 78023
REGION 2 Lone Star Legacy Bert Lary PO Box 707 Pattison, TX 77466
Trademark Landscape Inc. Matthew Hunter 16711 Hibiscus Lane Friendswood, TX 77546 www.trademarklandscapetx.com
Landscape – Branch
Houston Grass Michelle Galloway 28933 Hardin Store Rd. Magnolia, TX 77354 www.woodlandsexteriordesigns.com
Grower – Branch
Windham School District Kenneth Lively 264 FM 3478 Huntsville, TX 77320 Government
King Ranch Turfgrass – Houston Store Steve Roushey 1106 Hwy 6 South Houston, TX 77077 www.kingranchturfgrass.com
Harris County Precinct 2 Parks Kyle Kelley 12215 Pinelands Park Lane Humble, TX 77346
Color Spot Nurseries – Katy 11015 FM 359 Richmond, TX 77406 www.colorspot.com
Supplier
Texas Department of Transportation Benjamin Miller 9 Runyan Ct. Lufkin, TX 75901 City of Jersey Village Kimberly Terrell 12007 Double Tree Dr. Houston, TX 77070
Landscape – Individual Vickie Pullen 4381 FM 3081 Rd. Willis, TX 77378
Humafol, Inc. Andrey Yakovlev 19515 Indian Hawthorn Dr. Houston, TX 77094 www.humafol.com MitoGrow™ Cliff Goff 20 East Greenway Plaza, Ste. 400 Houston, TX 77046 www.treenutri.com Capital Farm Credit Robert Ward 26611 SW Freeway Rosenberg, TX 77471 www.capitalfarmcredit.com
Retail
Plants n’ Things Jeb Poston 3900 Highway 36 South Brenham, TX 77833 www.plants-n-things-brenham.com
Ernie Mendez 300 Country Club, #100 Wylie, TX 75098
Coir America Sarath Balachandran PO Box 142123 Irving, TX 75014 www.coiramerica.com
City of DeSoto Danny Johnson 809 West Spinner Rd. DeSoto, TX 75115 Josue Martinez 809 West Spinner Rd. DeSoto, TX 75115
Grower – Branch
King Ranch Turfgrass – Frisco Store Doug Fiene 9358 Rockhill Parkway Frisco, TX 75035 www.kingranchturfgrass.com
Robert Armstrong 809 West Spinner Rd. DeSoto, TX 75115 Kelvin Russell 809 West Spinner Rd. DeSoto, TX 75115
Landscape
Supplier
Renewal by Anderson Mona More 1215 W Crosby Rd., Bld. 100, Ste. 180 Carrollton, TX 75006 www.rbaofdfw.com
Government
Fort Worth Botanic Garden Jeffrey Myers 8629 Duke Terrace, #7202 Fort Worth, TX 76244 City of Grapevine Parks & Recreation Kathy Nelson 501 Shady Brook Dr. Grapevine, TX 76051
(continued on page 36)
Sharon Baker Rae Dinsmore Anna Cummings
City of Wylie Mark Jones 300 Country Club, #100 Wylie, TX 75098
Cornelius Ryan Moody
Matt Green 300 Country Club, #100 Wylie, TX 75098
|
REGION 5
Calloway’s
City of Dallas John Wyne 749 N. Old Orchard Lane Lewisville, TX 75077
Landscape
Vivid Outdoor solutions Gary Koscielski 15326 Clear Grove San Antonio, TX 78247 www.vividoutdoorsolutions.com
TCNP
Government
Woodlands Escapes, LLC Leo Brito 800 Research Forest Dr., Ste. 115-154 The Woodlands, TX 77382 www.woodlandsescapes.com
Superscapes Craig Duttarer 1500 Capital DR Carrollton, TX 75006 www.superscapes.net
The Perect Light Cody Gilcrease 200 E Beltline Rd., Suite 501 Coppell, TX 75019 www.theperfectlight.com
New TNLA Certified Professionals
REGION 4
A & A Plants and Produce, Inc. Cathy Arthur 20821-D Eva St, #87 Montgomery, TX 77356 936-597-5070
S E P T E M B E R /O C TO B E R 2 0 1 7
Barnsco Decorative Concrete Supply, Inc Jeff Szalony 13880 N. Stemmons Fwy. Farmers Branch, TX 75234 www.barnscodecorative.com
Ricardo Govea 300 Country Club, #100 Wylie, TX 75098
T E X A S N U R S E RY & L A N D S C A P E A S S O C I AT I O N
|
W W W.T N L A O N L I N E . O R G
35
TNLAGREEN
NE W ME MB E R S (continued from page 35) City of Grapevine Parks & Recreation Kristi Hayward 501 Shady Brook Dr. Grapevine, TX 76051 City of Cleburne Grace Clanton, TCNP PO Box 677 Cleburne, TX 76033
The Classic Garden, LLC John Viola PO Box 102017 Fort Worth, TX 76185 www.classicgardenllc.com
Retail
Roots Garden Center Scott Peterson 2117 E. Renfro Burleson, TX 76028
Landscape – Individual
Landscape
Janice Johnson 550 Bailey Ave., Ste. 400 Fort Worth, TX 76107
Supplier
Mayer Materials Heather Mayer 1212 Silver Creek Azle Rd. Azle, TX 76020 www.mmrcs.com
Grassperson Lawn Care & Landscape Jack Moore 1565 W. Main St, Ste. 208, PMB 255 Lewisville, TX 75067 www.grassperson.com Ideal Landscape Christine Figley PO Box 100805 Fort Worth, TX 76109
Mason Landscaping and Design Dalton Mason PO Box 12890 Odessa, TX 79768 www.masonlandscaping.biz
Germain Santillan 2100 Hidden Creek Rd. Fort Worth, TX 76107
REGION 8
REGION 6
Lady Bird Johnson Wildflower Center Susan Prosperie 11613 Santa Cruz Dr. Austin, TX 78759
Diego Ruelas 2100 Hidden Creek Rd. Fort Worth, TX 76107
The Curbing Solution Vonda Burkhart 1011 Sir Lancelot Circle Lewisville, TX 75056 www.curbingsolution.com
Fort Worth Botanic Garden Melissa Brown 6618 Shorewood Dr. Arlington, TX 76016
Student – Tarrant County College
Education
Windham School District Teddy Gilliam, TCLP 15845 FM 164 Childress, TX 79201 Michael Jordan 1681 S FM 3525 Colorado City, TX 79512
Landscape
Scherz Landscape Company David Mikulik 2225 Knickerbocker Rd San Angelo, TX 76904 www.scherlandscape.com
CUTCO Cutlery Brian Carter 322 Houghton Ave. Olean, NY 14760 www.cutco.co
Government
GROWinBAG Nicole Mitchell 12500 SW 51st St. Miami, FL 33175 www.growinbag.com
Landscape – Individual Richard Stamper, TMCNP 1000 Elmwood Dr. Georgetown, TX 78628
MiniTrencher J.J. Harris 815 NE 172nd Ave Vancouver, WA 98684 www.minitrencher.com
Landscape
Trimmers Lawn and Irrigation Service Michelle Hetherington 330 Butler Lane Crawford, TX 76638 www.trimmerslawnservice.com
OPCOMLink USA Inc. Ray Shih 3176 Pullman St., Ste 113 Costa Mesa, CA 92626 www.opcom.com
Naturally Austin Landscaping LLC Deborah Parker 2700 Orsobello Place Cedar Park, TX 78613 www.naturallyaustinlandscaping.com Rockwood Landtech LLC Benjamin Anderson 404 Southcross Rd. Georgetown, TX 78628 Southwest Monument & Sign Sarah Honza 2008 Windy Terrace Cedar Park, TX 78613 www.swmsigns.com
REGION 9 Supplier
Century Products Lisa McCoy 1144 N. Grove St Anaheim, CA 92806 www.centruyrootbarrier.com
Let us take care of all your printing needs MAGAZINES CATALOGS POSTCARDS CALENDARS & BROCHURES
Stone Age Creations, a division of TDI Brands Josh Kellems 1000 S. Saint Charles Jasper, IN 47546 www.tdibrands.com
San Antonio, TX 78218
Grower
Tagawa Greenhouse Natalie Miller 17999 Weld County Rd. 4 Brighton, CO 80603 Butler Tree Farm Kendra Harrell 2929 Forest Hammock Dr. Plant City, FL 33566 www.butlertreefarm.com Urban Forestry Works Vann Underhill PO Box 67 Barberville, FL 32105 www.urbanforestryworks.com
Trench’N edge Irrigation Trencher Patrick Dean 8028 Hill Trail North Lake Elmo, MN 55042 www.trenchnedge.com
495 4 Space Center Dr.
Quick Fill Bottles Steve Rose 2739 Harlock Rd. Melbourne, FL 32934 www.quickfill bottles.com Three Volcanoes Farm, LLC Karen Owens 27845 Shirley Shores Tavares, FL 32778 www.trreevolcanoesfarm.com
Supplier
LIFE IS BET TER IN COLOR
Integrated Crop Solutions Russell Dintaman 17445 Thorn Rd. Jasper, MO 64755 www.intcropsolutions.com
Carolina Crepe Myrtle & Shade Tree LLC John Estill PO Box 252 Hopkins, SC 29061 www.carolinacrepemyrtle.com Shiloh Nursery John Allen 103 Windrow Ln. Statesville, NC 28625 www.shilohnursery.com
210. 804 .0390 | w w w.shweiki.com
36
W W W.T N L A O N L I N E . O R G
|
T E X A S N U R S E RY & L A N D S C A P E A S S O C I AT I O N
|
S E P T E M B E R /O C TO B E R 2 0 1 7
TNLAGREEN
Classified Ads For the latest job listings visit our online opportunities.
The Garden Of Eden, Texas Is Open For Business! There is no snake offering apples in this Garden of Eden! But there is an abundance of water and space for anyone wanting to establish hothouse, hydroponic ag production, i.e., flowers herbs, specialty veggies. We’ll show you afforable sites and will work with you on grant or low-cost loan applications! Visit www.edentexasedc.com and call Mario Castillo at 202-518-9590 for further information.
GREEN TEAMS is growing! Our 42 year old company installs and manages large commercial landscapes and irrigation systems in Bryan & College Station. We are looking to fill the following positions: Landscape Maintenance Team Leaders (Texas drivers license required) & Team Members & Irrigation Tech Trainee (Texas drivers license required). Full time year round positions available. Company benefits & bonuses! Please contact Sanda Rincon at (979) 823-7551 or by emailing Sandra@greenteaminc.com
To place a Classified Ad in TNLA GREEN Magazine or online, please contact Amelia Price at amelia@tnlaonline.org (512) 579-3866
S E P T E M B E R /O C TO B E R 2 0 1 7
|
CA L E NDA R O F E V E NT S
September September 13 TNLA Region II Meeting from 6:00 -7:00PM at Site One on Brittmoore Road in Houston September 15 Greater Houston Plant Conference from 8:00AM - 3:30PM at Trini Mendenhall Community Center September 19 TNLA Region V Meeting from 6:00 – 7:00PM at Harry’s Greenhouse, Inc. in Weatherford September 20 TNLA Region VII from 11:30AM-12:30PM at Rudy’s BBQ in Corpus Christi
October October 10 TNLA Region IV Meeting from 6:00 – 7:00PM at Southwest Wholesale Nursery in Carrollton October 11 TNLA Region II Meeting from 6:00 – 7:00PM at Nelson Water Gardens in Katy October 17 TNLA Region V Meeting from 6:00 – 7:00PM at Silver Creek Materials in Fort Worth
To see the most up to date event information please visit the Events Calendar on tnlaonline.org!
Thanks to everyone who joined TNLA at the 2017 Nursery/Landscape EXPO! We can’t wait to see everyone next year in San Antonio!
T E X A S N U R S E RY & L A N D S C A P E A S S O C I AT I O N
|
W W W.T N L A O N L I N E . O R G
37
TNLAGREEN
A DV E RT I SE R S INDE X
Since 1945
For media kit and advertising information, email advertising@tnlaonline.org
We’vYeour Got ilizer !
Ferfort GROWERS,
LANDSCAPERS & GARDEN CENTERS Earth Safe Organic
Ewing Irrigation 2 www.ewingirrigation.com
Shweiki 36 wwww.shweiki.com
Granite Trucking 38 www.granitetrucking.com
Spring Meadow Nursery Inc 28 wwww.springmeadownursery.com
Groundwork Texas 40 www.datepalm.com
Submatic Technologies 32 www.submatic-usa.com
Horizon Irrigation 28 www.horizononline.com
SUPERthrive 26 www.superthrive.com
Hotchkiss Ins. Agency 4 www.hiallc.com
Texas Mutual Insurance c/o Wick Marketing 30 www.texasmutual.com
Living Earth Technology Co. 32 www.livingearth.net
(19 items)
Neem Pro Inc 24 www.neempro.com
Fertilizer Components (Huge Selection)
Root Activator C : 90 M : 33 Y : 98 K : 26 | R:0 G:104 B:56
C : 50 M : 0 Y : 99 K : 0 | R:141 G:198 B:63
C : 85 M :50 Y : 0 K : 0 | R:28 G:117 B:188 C : 0 M :50 Y :98 K : 0 | R:247 G:148 B:30
C : 90 M : 33 Y : 98 K : 26 | R:0 G:104 B:56
Thompson Group @ Classic Chevy 20, 21 www.classicfleet.com
OHP Inc. 39 www.ohp.com
(Organic - All Natural)
Vitazyme
(Bio-Stimulant)
Vital Earth 24 www.vitalearth.com TifSport 38 www.tifsport.com
Plant Specific Fertilizers Custom Fertilizers Micro-Nutrient Packages Grower Mixes Vital Earth Soils Custom Mixes Available Through Your Favorite Distributor
C : 50 M : 0 Y : 99 K : 0 | R:141 G:198 B:63
C : 85 M :50 Y : 0 K : 0 | R:28 G:117 B:188 C : 0 M :50 Y :98 K : 0 | R:247 G:148 B:30
C : 90 M : 33 Y : 98 K : 26 | R:0 G:104 B:56
C : 50 M : 0 Y : 99 K : 0 | R:141 G:198 B:63
C : 85 M :50 Y : 0 K : 0 | R:28 G:117 B:188 C : 0 M :50 Y :98 K : 0 | R:247 G:148 B:30
C : 90 M : 33 Y : 98 K : 26 | R:0 G:104 B:56
C : 50 M : 0 Y : 99 K : 0 | R:141 G:198 B:63
C : 85 M :50 Y : 0 K : 0 | R:28 G:117 B:188 C : 0 M :50 Y :98 K : 0 | R:247 G:148 B:30
C : 90 M : 33 Y : 98 K : 26 | R:0 G:104 B:56
C : 50 M : 0 Y : 99 K : 0 | R:141 G:198 B:63
C : 90 M : 33 Y : 98 K : 26 | R:0 G:104 B:56 C : 85 M :50 Y : 0 K : 0 | R:28 G:117 B:188 C : 0 M :50 Y :98 K : 0 | R:247 G:148 B:30
C : 50 M : 0 Y : 99 K : 0 | R:141 G:198 B:63
C : 90 M : 33 Y : 98 K : 26 | R:0 G:104 B:56 C : 85 M :50 Y : 0 K : 0 | R:28 G:117 B:188
C : 0 M :50 Y :98 K : 0 | R:247 G:148 B:30 C : 50 M : 0 Y : 99 K : 0 | R:141 G:198 B:63
C : 90 M : 33 Y : 98 K : 26 | R:0 G:104 B:56 C : 85 M :50 Y : 0 K : 0 | R:28 G:117 B:188 C : 0 M :50 Y :98 K : 0 | R:247 G:148 B:30
C : 50 M : 0 Y : 99 K : 0 | R:141 G:198 B:63
C : 90 M : 33 Y : 98 K : 26 | R:0 G:104 B:56 C : 85 M :50 Y : 0 K : 0 | R:28 G:117 B:188 C : 0 M :50 Y :98 K : 0 | R:247 G:148 B:30 C : 50 M : 0 Y : 99 K : 0 | R:141 G:198 B:63
C : 90 M : 33 Y : 98 K : 26 | R:0 G:104 B:56
C : 90 M : 33 Y : 98 K : 26 | R:0 G:104 B:56 C : 85 M :50 Y : 0 K : 0 | R:28 G:117 B:188 C : 0 M :50 Y :98 K : 0 | R:247 G:148 B:30
C : 50 M : 0 Y : 99 K : 0 | R:141 G:198 B:63
C : 85 M :50 Y : 0 K : 0 | R:28 G:117 B:188 C : 0 M :50 Y :98 K : 0 | R:247 G:148 B:30
C : 50 M : 0 Y : 99 K : 0 | R:141 G:198 B:63
706 E. Broadway • P.O. Box 1148 Gladewater, TX 75647 903•845•2163
1•800 •245•7645
C : 85 M :50 Y : 0 K : 0 | R:28 G:117 B:188
www.carlpool.com
Resources, Inc. C : 0 M :50AYDivision :98 K : 0of| Vital R:247Earth G:148 B:30
W W W.T N L A O N L I N E . O R G C : 90 38 M : 33 Y : 98 K : 26 | R:0 G:104 B:56
|
T E X A S N U R S E RY & L A N D S C A P E A S S O C I AT I O N
|
S E P T E M B E R /O C TO B E R 2 0 1 7
Mite_Fa
#ohpmiticides @OHPSolutions ohp.com (800) 356-4647
INSECTICIDES FUNGICIDES MITICIDES PGRS HERBICIDES
Multiple Modes of Action (MOA) Eggs through adults Spider mites, Broad mites, Eriophyid mites ohp.com
(part of OHP’s new biosolution line) © 2017 OHP, Inc. All Rights Reserved.
Mite_Family_2017.indd 1
7/27/17 12:04 PM