STRUCTURAL PEST CONTROL COMMISSION



STRUCTURAL PEST CONTROL COMMISSION

Veterans’ Memorial Auditorium

5825 Florida Blvd.

Baton Rouge, LA

AUGUST 19, 2015

MINUTES

CALL TO ORDER

The meeting was called to order by Mr. Bass at 9:15 a.m.

ROLL CALL

Members present: Fred Bass, Todd Parker, Dr. Tim Schowalter, Bob Kunst and Dan Foster.

Other present: Kevin Wofford, LDAF, Harry Schexnayder, LDAF, Tyrone Dudley, LDAF, Lindsey Hunter, LDAF Counsel, Kristen Lemoine, LDAF and Lisa Hall, LDAF.

AMENDMENTS TO THE AGENDA

None

PUBLIC COMMENT

None

APPROVAL OF THE MINUTES

Dr. Schowalter asked about the motion at the meeting on the Red Eye Termite Monitoring Station label approval. It was explained that Mr. Foster opposed the motion at the April 22, 2015 meeting. But the motion passed. This would be added to the minutes.

Motion: Mr. Kunst made a motion to approve the minutes as amended and corrected. This motion was seconded by Dr. Schowalter and passed unanimously.

OLD BUSINESS

Mr. Wofford indicated that nine (9) inspector positions and five (5) supervisor positions are now open across the state.

The supervising position for the five (5) districts will give an inspector an opportunity to be promoted. It will also help the manager of that district to accomplish our goals of each district. The department has upgraded the starting salary for inspectors. Every inspector that meets certain criteria has been automatically promoted to an Inspector 3 to retain quality employees.

Mr. Foster and Mr. Kunst acknowledged the LPMA for supporting the fee increases and helping to get the law changed at the legislature which will help fund inspector positions.

NEW BUSINESS

Research Committee Appointments

Mr. Schexnayder requested to appoint the Research Committee for 2015.

Motion: Mr. Parker made a motion to recommend for appoint: Dr. Bill Richardson with Dr. Rogers Leonard as his designee; Dr. Mike Strain with Mr. Fred Bass as his designee; Frank Caluda; Mr. Jeff Porter; Mr. Dan Foster; Steve Chiek; and Mr. Edward ‘Butch’ Morrison, III. Mr. Bob Kunst seconded the motion and it passed unanimously.

Mr. Schexnayder stated that not all the Research Committee members are present. Mr. Steve Chiek; and Mr. Edward ‘Butch’ Morrison, III will have to be sworn in at a later date.

LPMA Report – Jeff Porter

Mr. Porter turned it over to Mr. Frank Caluda.

Mr. Caluda reported that the LPMA is having a very successful year.

The summer convention went over very strongly and thanks the members for attending.

The “Future Development of Leadership Program” will honor of Garry Wehlen. They have a total of 3 programs named.

Notices went out August 18, for the Structural Pest Control Commission election. During the Winter Convention in January the ballots will opened for counting. Mr. Dan Foster will not be on the ballot for the commission.

Contract Review Committee Report – Bob Kunst

D A Exterminating

• LIMITED TERMITE DAMAGE WARRANTIES

Six contracts were submitted but really just two forms (two types of warranties with the addresses for three DA Exterminating locations). So, in reality, two warranties (with different addresses) were submitted for approval. Mr. Kunst, to his knowledge, stated these two warranties were corrected to the requirements of the Committee and meet the recommendations. Mr. Dudley added that DA still needs to add the definition of ‘Lean-To’ for approval.

Motion: Mr. Kunst made a motion to approve, in principle, the two damage warranties with the addition of the ‘Lean-To’ definition. Mr. Foster seconded the motion and it was passed unanimously.

Pro-Tec Pest Management

The termite protection plan contract made changes to several provisions related to arbitration which does not match the currently approved arbitration language. The contract was sent back for revision. It will be need to be resubmitted to the Contract Review Committee.

Arrow Termite & Pest Control Co.

• LIMITED AERIAL FORMOSAN & SUBTERRANEAN TERMITE COVERAGE PLAN

Arrow Termite & Pest Control Co. is the only company that has this type of contract. This was approved by the review committee and recommended to the Commission.

Motion: Mr. Kunst made a motion to approve the contract as committee recommended. Mr. Foster seconded the motion. The motion passed unanimously.

• POST-CONSTRUCTION STANDARD CONTRACT FOR THE TREATMENT OF SUBTERRANEAN TERMITES

This was approved by the review committee and recommended to the Commission.

Motion: Mr. Kunst made a motion to approve the contract in principle, having Arrow check for typos, place the revision date on the bottom and removing the LPCA – 2A. Mr. Foster seconded the motion and it passed unanimously.

• POST-CONSTRUCTION PREMIUM PLAN WITH DAMAGE PROTECTION LIMITED TERMITE DAMAGE WARRANTY

This was approved by the review committee.

Motion: Mr. Kunst made a motion to approve this contract. Mr. Foster seconded the motion and it passed unanimously.

• LIMITED PRE-CONSTRUCTION WARRANTY CONTRACT

The commission discussed the topic of limiting damage on contracts and specifically on pre-construction contracts.

Motion: Mr. Kunst made a motion to approve the contract as currently in the hands of Mr. Dudley. Mr. Foster seconded the motion and it passed unanimously.

Ms. Hunter asked that the commission further discuss the topic of limiting the amount of the damage warranty on pre-construction contract. The commission agreed to further discuss this topic in the future.

Rules Committee Report – Harry Schexnayder

The Rules Committee met in February of this year and discussed and proposed a number of changes to the SPCC rules.

Proposed Rule Changes

1. Supervision & Supplemental Treatment (LAC 7:XXV.101)

A reference has been added to ‘Definitions’ to help clarify supervision/direct supervision.

A definition of ‘Supplemental Treatment’ is proposed to cover all types of treatment. This change will allow pest control operators to utilized additional treatment options to control a termite problem on a property, currently under a full minimum standards contract, without having to issue a whole new contract.

2. Surety Bond Amount (LAC 7:XXV.105)

The amount of the surety bond is proposed to be increased from $2000 to $25,000. A question was asked of the increase in premium. Before the commission would move forward on this change, the commission wanted to know the increase in premium.

3. Call Centers (LAC 7:XXV.107)

The proposed change involves requiring permittees to notify the department when call centers are used. This included the requirement to list the current telephone number utilized by the permittee unless another number is approved by the department.

4. New Construction (LAC 7:XXV.117)

The proposed change would involve the removal of ‘date of the completion of construction’ for the section. A definition of construction would be modified. The PCO shall maintain this information as part of the application records for termite treatments. The nature for how the date of completion is defined would be picked by the PCO and recorded. After discussion, the commission decided to leave the regulation unchanged.

5. Fee Increases

a. POB Permit Fee (LAC 7:XXV.105)

b. Admin Processing Fee For Reg. Tech. Cert. (LAC 7:XXV.113)

c. Ann Lic. Fee, Each Category (LAC 7:XXV.117)

d. Standard Contract and WDIR Fee (LAC 7:XXV.117)

Mr. Parker noted the change from $8 to $12 for the Standard Contracts and WDIR’s is based on a legislation change to the SPCC law during the last session. The other fee increases were done under the existing law.

Mr. Kunst noted that it has been over twenty years since the fees for licensing and certification have been increased. Mr. Foster stated he wished these fees were indexed.

Motion: Mr. Kunst made the motion that the rules with the exception of the increase in the surety bond amount be approved as discussed. The increase in surety bond amount will be discussed after more information is obtained from insurance providers. Mr. Foster seconded the motion and it passed unanimously.

RECESS

Research Committee Meeting (LSU Termite Research Report – Dr. Greg Henderson)

MOTION to RESUME SPCC MEETING

Motion: Mr. Todd Parker made a motion to resume the SPCC Meeting. This motion was seconded by Dr. Schowalter and passed unanimously.

Mr. Schexnayder stated that the recommendation of the Research Committee is to continue funding the termite research by Dr. Henderson at the LSU AgCenter.

Motion: Mr. Kunst made the motion to accept the recommendation of the Research Committee. Mr. Foster seconded the motion. Mr. Kunst commented on the subject of increasing the funding for termite research. Mr. Kunst asked the staff to seriously consider an increase to this research funding. The motion passed unanimously.

Motion: Mr. Kunst made a motion that the LDAF staff (at the highest levels) examine what can be done to increase the amount of funding for termite research out of the funds raised from industry to benefit, through improved termite protection, property owners in Louisiana. Mr. Foster seconded the motion. The motion passed unanimously.

ADJUDICATORY HEARING

James Chadwick Robinson, Case No. 1824 (dismissed)

LICENSEE APPLICATIONS

Mr. Tyrone Dudley presented the Licensee applications to the commission members.

STRUCTURAL PEST CONTROL LICENSEE APPLICANTS

|NAME OF APPLICANT |PHASES |APRROVED/DISAPPROVED |

|JASON BARTLETT |GPC |Approved for all |

| |STRT FUM | |

| |COM FUN | |

|DAVID EUBANKS |GPC |Approved for all |

| |CVC | |

|CLINTON HESTER |GPC |Approved |

| |CVC |Approved |

| |TC |Approved pending school |

|THOMAS JEFFORDS JR |GPC |Approved |

| |CVC |Approved |

| |TC |Approved pending termite school |

|BENJAMEN KETCHEN |GPC |Approved |

|JOEL TIMOTHY LEE |GPC |Approved |

| |CVC |approved |

| |TC |Pending termite school |

|DARRYL MARINE SR |GPC |Disapproved for all |

| |CVC | |

| |TC | |

|DONALD KIRK SMITH |GPC |Approved for all |

| |CVC | |

|WILLIE SPEARMAN II |GPC |Approved for all |

| |CVC | |

| |TC | |

|CHRISTOPHER STEWART |GPC |Disapproved for all |

| |CVC | |

| |TC | |

|HARRY FRASHIER |GPC |Approved |

|TOMMY GOODEAUX SR |GPC |Approved |

| |TC |Approved pending termite school |

|EDWARD MARTIN JR |COMM FUM |Approved |

|DAMION WILLIAMS |GPC |Approved |

| |TC |Approved pending termite school |

|RAYMOND SIEGEL |GPC |Approved |

| |CVC |Approved |

| |TC |Approved pending termite school |

FUTURE MEETINGS

Mr. Schexnayder suggested the date of October 14, 2015 9:30 am for the next SPCC meeting. The commission approved of this date.

OTHER BUSINESS

Mr. Porter provided the commission with additional information how an increase in the amount of a surety bond would increase premiums of PCO’s. Mr. Porter suggested if the commission wanted to increase the amount, he proposed a modest increase now and to look at additional increases in the future. Mr. Foster stated he would like to refer the topic back to the Rules Committee for further discussion.

Motion: Mr. Foster made a motion to refer the topic of an increase in the surety bond amount back to the Rules Committee for further discussion. Mr. Parker seconded the motion. The motion passed unanimously.

In other business, Mr. Schexnayder mentioned that Mr. Jeff Hargrave of Orkin has been suggested as a replacement for the Gary Wehlen on the Rules Committee.

Motion: Mr. Kunst made a motion to appoint Mr. Jeff Hargrave to the Rules Committee. Mr. Foster seconded the motion. The motion passed unanimously.

STATUS REPORT

Mr. Wofford presented the status report. Mr. Kunst commended the staff on the job inspectors do. Mr. Kunst suggested that if the staff decides to make changes to inspection procedures, that have been mentioned, to please outline for the industry what the change would include for their benefit and to continue compliance assistance.

PUBLIC COMMENT

None

ADJOURN

Motion: Bob Kunst made the motion to adjourn the meeting. Dr. Tim Schowalter seconded the motion and it passed unanimously.

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