Growing Concern
The
JANUAR Y 2 0 1 9
A P U B L I C AT I O N O F T H E O H I O L A N D S C A P E A S S O C I AT I O N
OLA January Meeting: Leadership Development Jan. 24, 2019 / St. Michael’s Woodside
PAGE 7
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PR ES I DEN T’S COLUM N
ADAM CAPICCIONI Ohio CAT
WELCOME 2019! As we look forward to a new year and changes within the infrastructure of the OLA board, I am excited for new beginnings and grateful for the opportunity to serve as your new OLA board president. To begin, I’d like to tell you a little bit about myself. I entered into this career field when I was 15, at a supply store that sold landscape and animal feed materials. Since, I have spent the majority of my career in the landscape industry, primarily in sales and management. I have been with Ohio CAT now for the past six years, working out of the corporate office, located in Broadview Heights, Ohio. My current role with Ohio CAT is as a sales representative, specializing in the purchasing and leasing of construction equipment in Northeast Ohio. I assist customers in making informed purchase decisions based on their current needs. In my spare time, I like to catch sporting events, stay active and travel with my family. I was honored when Steve Moore (S.A.M. Landscaping) approached me a few years back to ask if I would be interested in becoming an OLA board member. Now, I am equally as excited for this new opportunity, and thankful to be recognized for the value that I hope to bring to the table.
For those of you who don’t know, I have spent the last couple of years as the committee chairman for the OLA Scholarship Golf Classic, held in August. If you have not participated in this event in the past, it is an exceptionally well-attended outing, which the association holds in order to raise money for our scholarship fund. As board president, it will be my pleasure to continue to support this event, as well as assist with other committee responsibilities, as needed. With my first action as OLA President, I would like to welcome Cameron Maneri onto the OLA board. Cameron works as an account manager at Kurtz Bros, located in Independence, Ohio, and specializes in the negotiation, budgeting and sales of consumer landscape products. I look forward to working with him and the opportunity to hear his creative ideas. As a few of us step forward into new roles, Cathy Serafin will be stepping down as our Immediate Past President. I’d like to thank Cathy for her years of service on the OLA board, as well as the dedication and passion she’s shown throughout. We recognize continued on page 6 The Growing Concern | January 2019 | 3
TAB LE OF CON TEN TS J A N UA R Y 2 0 1 9 WWW. OH I OLA N D SCA P E R S. OR G OH I O’ S P R OF E SSI ON AL G REEN I N D UST R Y A SSOCI AT I O N OHIO LANDSCAPE ASSOCIATION 9240 Broadview Road Broadview Heights, Ohio 44147 Phone: 440.717.0002, or 1.800.335.6521 Fax: 440.717.0004 Web: www.ohiolandscapers.org and www.myohiolandscape.com EDITOR Rick Doll, Jr. REGULAR WRITERS Michael J. Donnellan, King Financial, Inc. Jim Funai, LIC, Cuyahoga Community College Shelly Funai, Stan Hywet Hall and Gardens Sandy Munley, Ohio Landscape Association Bobbie Schwartz, FAPLD, Bobbie’s Green Thumb Cathy Serafin, ASLA, RLA, Suncrest Gardens COVER: Landscape Ohio! Awards Honor Award winner, BrightView Landscape Services, for their entry in the category of Best Use of Color.
FEATURES
3 PRESIDENT’S COLUMN Welcome 2019!
5 WELCOME NEW MEMBERS 8 PERENNIAL FOCUS The Fireside Reader: 2019 Edition
14 FISCAL FITNESS
What to Do to Prepare for a Market Correction
18 FOR SAFETY SAKE
Winter Driving and Skid Safety
22 PLANT OF THE MONTH Ilex glabra: Inkberry
26 FEATURE ARTICLE
Marijuana and Your Business
30 DIRECTIONS 31 ADVERTISING INDEX 4 | Official Publication of The Ohio Landscape Association
ADVERTISING INFORMATION Submission deadline: 10th of the month, prior to the month of publication. For advertising rates and ad specs, please call 440.717.0002, 1.800.335.6521, or email Rick Doll Jr. at rick@ohiolandscapers.org. DISCLAIMER The Ohio Landscape Association, its board of directors, staff and the editor of The Growing Concern neither endorse any product(s) or attests to the validity of any statements made about products mentioned in this, past or subsequent issues of this publication. Similarly, the opinions expressed in The Growing Concern are those of the authors and do not necessarily represent the views of the Ohio Landscape Association. OFFICERS President Adam Capiccioni
OLA STAFF Executive Director Sandy Munley
President – Elect Domenic Lauria
Communications & Events Manager Rick Doll, Jr.
Treasurer Brian Maurer, LIC Immediate Past President Marie McConnell DIRECTORS Doug Ellis James Funai, LIC Philip Germann Stephanie Gray, LIC Cameron Maneri Joshua Way
Membership Coordinator Laura Massie
C AL ENDAR OF EVEN TS U P CO M I N G O L A MEETINGS , EDUC ATION SE MI N A R S, A N D OT H E R GREEN INDUS TR Y EVE N T S
JANUARY
FEBRUARY cont...
JANUARY 24 OLA MEETING (NE Ohio) LEADERSHIP DEVELOPMENT
FEBRUARY 27 OHIO GREEN INDUSTRY ADVOCACY DAY
Tim Tokarczyk, of the Fails Management Institute (FMI),” will guide us through the challenges of helping our team members transition from one position to the next, addressing the “good luck, figure it out” mentality, and changing it to one of coaching for upwards success. Held at St. Michael’s Woodside.
Come to Columbus and meet with your legislators to tell them about the importance of the Green Industry to the State of Ohio. This event takes place at the Ohio State House located in Columbus, Ohio. For more information, contact the OLA Office at 440.717.0002.
JANUARY 21 - 31 SET-UP OF OLA DISPLAY AT THE GREAT BIG HOME & GARDEN SHOW If you are interested in volunteering to help construct this year’s OLA garden please contact the OLA at 440.717.0002 as soon as possible and we will forward your information on to our Garden Commitee’s chairperson. This is a great opportunity to work along side others in the industry , as well as contribute to the association.
FEBRUARY FEBRUARY 1 - 10 OLA DISPLAY AT THE GREAT BIG HOME & GARDEN SHOW Explore this year’s fairytale themed gardens created by some of Northeast Ohio’s top landscapers. If you are interested in volunteering to help staff the garden during show hours, please contact the OLA at 440.717.0002 as soon as possible. Spots do fill up quickly. This is a great opportunity to help promote the industry, our association, and your company to the general public.
2019 COMMITTEE MEETINGS OLA committees are a great way for members to get more involved with the association. We are always looking for new volunteers to help! At our January meeting, we will be filling out our committees for the 2019 year. If you, or someone on your team is interested in joining a committee, please have them attend the January meeting. For more info, call the OLA office at 440.717.0002.
OLA’s NEW MEMBERS
The Ohio Landscape Association is delighted to welcome the following members:
MARCH
ASSOCIATE MEMBER
MARCH 11 & 12 FOREMAN TRAINING
Mike Albert Fleet Solutions 10340 Evandale Drive Cincinnati, OH 45241 800-985-3273 Jake George
Foremen have to walk the fine line in working side by side with employees while having to direct, motivate and critique them. In this seminar, they will learn how to more effectively handle tight deadlines, tight margins and increase customer satisfaction. Held in both NE and Central Ohio. See page 20 for more details.
MARCH 21 22nd ANNUAL LANDSCAPE OHIO! AWARDS GALA Join Ohio’s landscape community for an elegant, fun-filled evening of celebrating as we reveal the 2018 Landscape Ohio! award winners. This annual Landscape competition was created to increase awareness of quality landscaping and how it improves our environment. This year’s Gala, held at Windows on the River, includes dinner and awards presentation. For more info call the OLA Office at 440.717.0002, or email us at info@ohiolandscapers.org.
Rosby Resource Recycling 4963 Schaaf Lane Brooklyn Hts., OH 44131-1034 216-739-2220 Todd Freshwater
STUDENT MEMBER(S) Cathy Wheeler (Cuyahoga Community College)
COMING IN 2019* • • • • • • • • • •
19th Annual Scholarship Golf Classic Dormant Pruning Clinic Dry Stone Masonry Clinic Plant Healthcare Clinic Plant ID Clinic Safety Training Clinic Segmental Wall Clinic Sales Training Clinic Snow and Ice Management Clinic Stone Veneer Clinic *Subject to change/instructor availability.
The Growing Concern | January 2019 | 5
PR E S IDENT’ S C OL UMN continued from page 3 and appreciate her as a true team member. Cathy also served as the committee chair for the annual OLA Awards Gala. We will miss her leadership and positive nature in this regard, as well. We wish you the best in all future endeavors, Cathy! As a follow-up to discussions we had during our annual meeting – regarding OLA committee involvement – I want to remind you that we are always seeking new volunteers. As a committee member, you will have the opportunity to get more involved with the association and help to bring new ideas to the table. If you’re interested, or want to learn more, please contact the OLA office. Thank you to those of you who have already expressed interest! Speaking of involvement, I encourage all of you to take advantage of the many classes and events being held this year. Our first event will be our January meeting, featuring Tim Tokarczyk of the Fails Management Institute. He will be discussing leadership development and how to provide guidance in transitioning your team members into different roles within your company, as well as analyzing the challenges employers may face in doing so. Finally, the current board has put together a new strategic plan which will act as a short-term road map in identifing the key issues impacting our organization, so that we may plan for future success. As part of this 3 to 5-year plan, the current Board of Directors has developed strategies to guide the OLA in its mission to serve the landscape industry and its members. This plan was facilitated by past OLA President Greg Malone, M.Ed., Cuyahoga Community College. In August of 2012, the previous board created a document titled, “Vision 2012, The Long-Range Plan of the Ohio Landscape Association.” This strategic plan was created to support the OLA’s mission, at the time. A review of that plan revealed that while many of those goals had been achieved, others needed renewed focus. One spotlight that we have already completed is the revision of our mission statement. It reads, “Elevating the Landscape Profession through Advocacy and Education.” Our new strategic plan encompasses the driving principles used to create SMART Goals (Specific, Measurable, Attainable, Relevant, and Time-bound). I am looking forward to the new year, new beginnings, and the opportunity to serve as your 2019 OLA board president. I will do my best to share helpful information and keep you updated with affairs throughout the year. I look forward to seeing current members and hope to meet some new faces, as well. Thank you for your time and continued support!
6 | Official Publication of The Ohio Landscape Association
OLA MEETINGS SERIES
EVENT INFORMATION
DATE & LOCATION JANUARY 24, 2019 ST. MICHAEL’S WOODSIDE 5025 EAST MILL ROAD BROADVIEW HEIGHTS, OH AGENDA REGISTRATION / NETWORKING FOOD / CASH BAR 6:00 PM TO 7:00 PM PROGRAM 7:00 PM TO 8:30 PM COST TO ATTEND MEMBERS: NO CHARGE NON MEMBERS: $30 REGISTER TO ATTEND BY JANUARY 17, 2019
OLA JANUARY MEETING Leadership Development
Many of us promote great employees from within, but often forget that it can be a very turbulent time for them, especially because the new position typically requires a different skill set than the one they had just succeeded in. In addition, promotions – more often, than not – don’t come with much training or development, either. These two factors can lead to a “good luck, figure it out” approach, which only creates many unnecessary challenges on the backend. Join us on January 24th, as our presenter Tim Tokarczyk, of Fails Management Institute (FMI), guides us through the challenges of helping our team members transition from one position to the next – training for success in their new role – so that they have a positive impact on our bottom line.
GUEST SPEAKER
TIM TOKARCZYK, PRINCIPAL AT FMI Tim is a principal with FMI. He is deeply involved in leadership training, organizational consulting and content development. He also serves as a facilitator at FMI’s Leadership
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and learn how this style influences others. He specializes in leadership development, helping leaders improve their leadership and management skills to operate at their peak level of effectiveness. Tim has prior experience in recruitment and leadership selection, working to help a high-growth organization more effectively recruit new employees to fit not only the job, but also the culture. Additionally, he has worked as a consultant for a nonprofit firm, providing management, financial, marketing and operational consulting to small business owners.
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SPONSORSHIP OPPORTUNITIES FOR THIS YEAR’S MEETING SCHEDULE ARE NOW AVAILABLE. CALL 440.717.0002 FOR INFO. 1.5 CEU’S
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PEREN N I AL FOCUS
BOBBIE SCHWARTZ, FAPLD Bobbie’s Green Thumb Chanticleer Gardens. Photo by Melissa Clark Photography
THE FIRESIDE READER 2019 EDITION
THE ART OF GARDENING: DESIGN INSPIRATION AND INNOVATIVE PLANTING TECHNIQUES FROM CHANTICLEER Thomas, R. William Timber Press Portland, 2015.
Over the years, I have visited many gardens but few have made such an impression on me that I want to return over and over again to see what new creative designs and tweaks have been implemented. I have nothing but admiration for the Chanticleer staff. This is not a new book – it was published in 2015 – but I am only now finding the time to read it.
8 | Official Publication of The Ohio Landscape Association
Once a private estate, Chanticleer is a pleasure garden, a gardener’s garden. It is romantic and imaginative yet contemporary. It is unique. I would say that the foremost principle of Chanticleer is the notion that art and gardening are inextricably intertwined. The talented staff take their ideas and flesh them out in various media; they find beauty everywhere and then present it to visitors. The garden, that changes constantly, is not just about plants. It’s also about creating an experiential journey that includes scent, color, sight, sound, and texture. Similar to residential gardens, Chanticleer is divided into a series of garden rooms, making the ideas in each easily translatable to home gardens. Each of the gardens has a microclimate and a focus that designers and homeowners look for: low-maintenance, xeriscape design, perennial plantings with differing levels of maintenance, high water levels, shade, native plants, container combinations, to mention a few. We are reminded that gardens should be designed with views from the house windows in mind as well as views while walking through the gardens. We are also reminded that repeating patterns and plants helps to unify a series of garden rooms. continued on page 10
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PEREN N I AL FOCUS continued from page 8 The gardeners at Chanticleer are very lucky; they have the ability to let their gardens evolve whereas most landscape designers create a design for their clients and never see it again. That evolution means constantly refining and tweaking the design as plants mature or changes are made by nature. In addition, it involves editing so that plants that reseed freely do not overtake the site. A different kind of evolution is called transitioning at Chanticleer. This is a design method that avoids empty spaces. For instance, many spring-blooming bulbs are planted but we know that they claim attention for only a short period of time. Thus, the Chanticleer gardeners interplant other springblooming perennials or perennials with interesting foliage that will fill the spaces left by dying bulbs. Later those spaces will be filled with striking annuals. I love the fact the Chanticleer gardeners look at the functionality of plants: how they contribute structure, define spaces, provide screening, provide color through their foliage, twigs, and bark as well as their flowers, texture, soften hardscape structures, and provide places for the eye to rest. One of the foremost photographers of our day is Rob Cardillo and his photos make this book even better because each is a work of art. As an experienced gardener, I know how many failures I’ve had. In the introduction, Bill Thomas, the former director of Chanticleer, stresses the importance of trying again and again and then of moving on to something else. His words are inspiring and so are those of the staff members who contributed to this wonderful book. If you are looking for inspiration, read this book; you won’t be disappointed.
A TAPESTRY GARDEN: THE ART OF WEAVING PLANTS AND PLACE O’Byrne, Marietta and Ernie Timber Press Portland, 2018.
Although I’ve heard about them for years, I’ve never met the O’Byrnes but, after reading A Tapestry Garden, I feel as though I’ve encountered friends who share my love of gardening. For us, it is play, not work, and the concept of low-maintenance gardening rarely enters our minds. Although they are avid plant collectors, the O’Byrnes have never lost sight of the need to keep design principles in mind, varying foliage forms and textures, layering with low groundcovers up to tall trees, always maintaining visual interest. In discussing their shade garden, I appreciated the reminder that while yellow foliage loses its brightness in shade, silver foliage becomes more silver in shade. I was also overcome with plant lust for the many species of Podophyllum they use for texture and color. Many are hardy to zone 6 and a few are hardy to zone 5. These are woefully underused shade lovers. The explanation of the plants they use in the woodland garden, interweaving their bloom times, illustrates how designers may achieve the holy grail of a garden that is always interesting. Although the discussion of plants is always fascinating, I loved the cultural tips that appeared throughout, e.g the caution that one should not plant conifers too closely lest branches be shaded, a condition that usually results in death of some branches. Another is a reminder that finding plants for sunny, dry sites is not as simple as it might be appear because, although many plants may be hardy, they cannot tolerate wet roots during the winter. I’ve always believed, incorrectly it seems, that heathers don’t survive in my garden because they need dry soil, but Marietta says that they will be long-lived if planted in welldraining, moist soil. Guess I’ll try again. continued on page 12
10 | Official Publication of The Ohio Landscape Association
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PEREN N I AL FOCUS continued from page 10 As a designer, I appreciated the comment that a collection is not a garden, that one needs a series of paths that provide movement through the garden as well as other plants that partner well with the collection. For instance, in the conifer garden, plants with softer texture were essential. Sadly, our world seems to be riven with division but, as Marietta points out, “denizens from multitudes of countries of origin” co-exist in chaotic harmony in their garden. I know that the emphasis today is on using native plants, but there is room in our gardens and landscapes for all. During my reading, I took many notes about plants and combinations I want to try. This book is not for everyone but, for plant-a holics, it is a treasure trove of information about unusual plants.
CONTAINER THEME GARDENS Ondra, Nancy Storey Publishing North Adams, 2016.
This is a book written for those who don’t have space for inground gardening, only have enough time to create container gardens, and/or for those who wish to augment their gardens and homes with container plantings. The author posits that there are several reasons to garden in containers and I agree with all of them. Containers provide ideal growing conditions, quick privacy, an opportunity to play before redoing a landscape, an opportunity to experiment with plants or color combinations before actually putting them in the ground, a way to control creepers (such as mint), a way to create instant impact, and make maintenance easier. They may also keep your plants safe from small animals like rabbits, voles, and chipmunks and they are ideal for featuring small treasures that might be otherwise overwhelmed. Last but not least, container gardening can be relatively inexpensive, depending on the size and type of container.
12 | Official Publication of The Ohio Landscape Association
The added element of this book is the notion that you can create fascinating combinations with only five plants, always keeping in mind color combinations and diverse plant forms. For each combination, Ondra tells us whether the combo is for sun or shade, what the size of the container is, and the sizes of the plant pots, e.g 4”, 6”, etc. Additionally, each combination is accompanied by alternate suggestions as well as descriptions and care for the combination in each season. The illustrations are very helpful. You may not like every combination, but each will give you a plethora of ideas and most of the combinations have a strong focus on foliage which will keep the plantings looking good, even when flowering is in a lull. Some of the suggested plants may not be available in your area but you can always find a substitute. My only reservation about several of the combinations is that there is not enough difference in texture in the same pot. I thought many combinations would be stronger with the addition of some linear foliage. Since I like to vary my container plantings every year, I’ve already made several notes about possibilities for 2019. You will too. So, that’s it for reading suggestions for this winter. Hopefully, you have a fireplace and can snuggle close or at least wrap yourself in a warm blanket while the winter winds blow and the snow falls gently upon us. Bobbie Schwartz, FAPLD, owner of Bobbie’s Green Thumb in Shaker Hts., Ohio, is a landscape designer, consultant, freelance writer, and lecturer whose specialties are perennial gardens and four season landscapes. Bobbie’s book, Garden Renovation: Transform Your Yard into the Garden of Your Dreams, was published in Nov. 2017.
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14 | Official Publication of The Ohio Landscape Association
their financial goals, 84% of those with a plan said they were confident about the future, compared with just 45% of those without a plan, according to a recent RBC Wealth Management survey. There’s a business axiom, “what gets measured gets done.” So when it comes to planning for your financial future, the more goals you can clearly identify, the better, since you will be tracking progress toward objectives that are meaningful to you personally. continued on page 17
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FI SCAL FI TN ESS continued from page 14 You may want to start with wealth building goals, such as funding a comfortable (and long) retirement and major purchases, like a vacation property or college educations for the scholars in your family. You may also want to set goals for protecting your wealth and the financial security of those who depend on you. Creating your legacy is another worthwhile topic to address. In this way, your planning efforts can address all aspects of your financial life. Beyond taking a holistic approach to wealth planning, there are several tactical considerations that may help you be wellprepared for a market correction. Here are a few such actions: Review your risk tolerance If you find yourself worrying greatly over short-term drops on your investment statements, you might be investing too aggressively for your individual risk tolerance. Check your asset allocation If your risk tolerance has changed, it may be prudent to adjust your asset allocation to an investment mix that is more appropriate for you. If you have not rebalanced for some time, your asset allocation may also no longer be consistent with your feelings about risk. Diversify your holdings You can help reduce the impact of volatility on your portfolio by diversifying the assets you own across a range of sectors, geographies or market capitalization levels for stocks or across different issuers, geographies or maturity dates for bonds.
Maintain sufficient liquidity If you have enough cash or cash equivalents in your portfolio, you will not have to dip into long-term investments during a market downturn to fund your essential or unexpected expenses. A securities-based line of credit can also provide fast, flexible access to cash while keeping portfolio assets working toward long-term goals. There will be a market correction — it is just a matter of when it happens. By maintaining a long-term plan and making the right moves, you can be well-prepared to feel confident about your financial security regardless of what the short-term markets are doing. Talk to your financial and tax advisors for information specific to your individual needs and goals. Michael J. Donnellan is President of King Financial, Inc. specializing in stock selection and retirement planning. Feel free to contact him with any questions or comments at the M3 Wealth Management office at 17601 W. 130th Street – Suite 1 in North Royalton, Ohio. Phone number (440) 652-6370 Email: donnellan@m3wealthmanagement.com Securities and advisory services offered through L.M. Kohn & Company Registered Broker/Dealer Member FINRA/SIPC/MSRB 10151 Carver Rd. Suite 100 – Cincinnati, Ohio 45242 (800) 478-0788
The Growing Concern | January 2019 | 17
FOR SAFETY SAK E
WINTER DRIVING AND SKID SAFETY One of the most dangerous winter driving hazards is to skid. If it happens at a high speed, the result can be deadly. But most skids can be avoided by simply adjusting to driving conditions and knowing how to recover from a skid. Skids are most likely to occur on curves and turns, so slow down ahead of time to prepare for them. Then, when in the curve, accelerate slowly and steer steadily with no abrupt change in direction and, especially, no abrupt braking. Driving smoothly in general can help prevent skids.
SKID SAFETY TECHNIQUES If you go into a skid, remember two critical rules: 1. Don’t steer against the skid. 2. Avoid using the brakes.
Instead, immediately take your foot off the accelerator and steer in the direction the vehicle is sliding until you feel recovery of traction, then slowly straighten the wheels until you recover complete control. If the back of your vehicle is fishtailing to the right, turn the wheel gently in that direction until your car recovers. If braking is necessary before traction is recovered, apply the brake pedal cautiously so you do not lock the wheels and intensify the skid. You will also have better brake control in a skid situation if your vehicle is equipped with anti-lock brakes. continued on page 21
18 | Official Publication of The Ohio Landscape Association
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The Growing Concern | January 2019 | 19
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FOR SAFETY SAK E continued from page 18
You should constantly be on the lookout for areas that might induce skidding, such as unexpected ice patches or piles of wet leaves, which tend to be found in shady areas or on overpasses. Keep in mind that wet ice, warmed by the sun, is twice as dangerous as completely frozen ice. Be especially alert whenever there is any kind of precipitation during cold weather.
GENERAL WINTER DRIVING TIPS Since accidents are common in winter, you should be extra cautious while driving. Drive on slippery roads at reduced speed and increase following distance behind the vehicle ahead. This gives an additional space cushion for safe stopping. Because winter driving can be risky, it is also a good idea to practice driving in slippery conditions so you are well prepared and comfortable. A safe stop on icy or snow-packed roads is a tricky maneuver that requires skill and good judgment. Anticipate stops by slowing down gradually, well ahead of intersections. And allow for more than enough time to stop safely. Plan ahead of time for lane changes; check your rearview mirror, your blind spots and signal your intentions to traffic behind you. Then, swing over in a long, gradual line. Make the move with the smallest possible steering change and with a light foot on the gas. When you drive into deep snow, stepping on the gas may cause the wheels to spin, with little if any forward movement. In such cases, avoid over-accelerating. A light foot on the gas pedal and a high gear is most effective.
ENSURE YOUR SAFETY Whenever you will be driving in any weather, be sure your vehicle is properly equipped. Your brakes should be functioning correctly, and your tires should be properly inflated with a good tread surface. Sometimes snow tires, and even chains, may be best to help keep your vehicle under control during dangerous winter conditions. This article appeared on the Botson Insurance Group website located at www.botsoninsurancegroup.com. Botson Insurance Group is an independent insurance agency offering insurance solutions for all of your business needs.
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5/14/2015 11:31:24 AM
PL ANT OF TH E M ON TH
JIM FUNAI, LIC Cuyahoga Community College Ilex glabra, commonly called Inkberry or Gallberry, is a slow-growing, upright-rounded, stoloniferous, broadleaf evergreen shrub in the Holly family.
SHELLEY FUNAI, LIC Stan Hywet Hall and Gardens
ILEX GLABRA INKBERRY Ilex glabra, the Inkberry, is a native Holly across most of the Eastern seaboard, inland to Missouri, often found in swampy conditions, in neutral to acidic soils. First described in 1759, this broadleaf Evergreen has been in our landscapes since before the American Revolution. The odd thing about this plant is that we don’t see it all too often in our landscapes, as it loses favor to insect and disease riddled Boxwoods – none of which are native. While we are not fanatical when it comes to native plants vs. non-native (we just want great landscape plants!), we do find it odd that many of our great performing native plants are often overlooked for exotics. Boxwoods are struggling in our Ohio landscapes. Stressed plantings, due to compacted poor urban soils, often results in a combination of Volutella, Phytopthora, or Calonectria blight, followed-up with a bunch of bugs such as Boxwood Psyllids, Leaf Miners, Mites, and Nematodes. One might ask why we continue the non-stop massing of Boxwood everywhere. Are we not just begging for an unhappy client? We’ve both heard rumblings about Inkberry being leggy and unattractive, which we suggest may be as simple as poor
22 | Official Publication of The Ohio Landscape Association
management. The straight species of Ilex glabra forms a thicket of suckering plants (the only Holly to sucker) around the 6 to 8 foot tall range, and yes, can be quite leggy. However, nursery growers have been selecting improved forms for nearly a century, with one of the oldest reports we found coming from Princeton Nursery in New Jersey. Here, seed collected in the New Jersey Pine Barrens resulted in a more compact shrub introduced in 1937 as ‘Compacta.’ You can still find this cultivar in the market today, but much like another cultivar, ‘Densa,’ both will reach into the 6 to 8 foot range with age and
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become leggy. The simple solution: regular pruning. In fact, Ilex glabra will do just fine with rejuvenating coppice pruning – down to the 6 inch range – and will bounce back with a more compact plant, without having to rip it out and start over. Like all Holly, these plants are dioecious, meaning there are “male” and “female” plants. Unlike most Holly, the fruits of Inkberry are not very showy. The common name comes from the ink-black fruits on the female plants, which are often hidden among the leaves. It could be argued that Inkberry fruits are slightly showier than Ilex crenata (Japanese Holly), but that is as useful as arguing which of the Wayans brothers is a “better actor.” What the plant lacks in fruit set it makes up for in Boxwoodlike function, without all the Boxwood pest issues. Leaves are slight larger, with perhaps a few serrations at the apex. Glossy, deep-green leaves remain year-round, unless the winter takes a major dive in temperatures (below -15 degrees), when leaves
will likely yellow and fall, replaced the following year with new ones. Some of the newer cultivars which are available, such as ‘Shamrock,’ are more compact and dense, staying around the 3 to 4 tall and wide range. They also seem to keep their lower/ interior leaves better. One we don’t personally have much experience with is a newer cultivar from Proven Winners called ‘Gem Box.’ It is touted to stay below 3 feet tall and wide. As all Inkberry take pruning quite well, these plants are quite suitable for massing into a formal hedge, just like you might do with boxwood. The key to their success is to ensure the soil is not too dry, or alkaline. That said, if you are in the habit of using limestone as a base to your hardscapes, do not plant Inkberry against it, or it will suffer from the increased pH. One area that Inkberry are gaining some popularity in seems to be in rain garden and other storm-water remediation projects. continued on page 25 The Growing Concern | January 2019 | 23
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PL ANT OF TH E M ON TH
continued from page 23 Typically, it is difficult to find evergreen plants for these sites, as not many can tolerate the saturation. In truth, the most difficult issue Inkberry will have, surviving in a rain garden, will be during the hot and dry times the garden may endure. There are exciting advances in storm water soils, incorporating expanded clay, shale, and slate to replace the high sand content with gardens. Thus, we’re seeing a drastic reduction in plant death during the high stress times of July and August.
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Next time you are planning a garden, and feel the temptation to install Boxwood, we encourage you to consider using a compact cultivar of Ilex glabra instead. Remember, the more diversity in our landscapes, the more resilient to pest issues they are. It may be time to give Boxwood a little break. Jim Funai is full-time faculty at Cuyahoga Community College, a NALP accredited associate of applied science in hoticulture degree program. He is pursuing a PhD in Landscape Engineering and Forestry and is a Licensed Arborist. Shelley Funai is Grounds Manager at Stan Hywett Hall and Gardens in Akron, Ohio, which offers a historic estate designed by Warren H. Manning and a beautiful manor house museum. She is Landscape Industry Certified in Ornamental Plant Care.
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The Growing Concern | January 2019 | 25
F EATURE ARTI CLE
marijuana your business
&
By Sue Rusche & Kevin Sabet, PHD National Families in Action
Some 23 states have legalized medical marijuana, and four – plus the District of Columbia – have legalized the drug for recreational use, with more likely to follow. Both kinds of legalization have given rise to a powerful commercial industry that is pursuing more customers to make more money. This creates two sets of problems for employers: increased use – and all the costs this brings in the form of accidents and lost productivity – and costly litigation. It is impossible to predict how much use will go up since no modern jurisdiction has ever allowed for-profit companies to produce and promote recreational marijuana before Colorado, Washington, Alaska, Oregon and the District of Columbia did so. That said, the new and potentially more troubling problem is marijuana-related litigation that could undermine labor flexibility and efforts to keep the workplace drug-free, in some cases possibly even with regard to safetysensitive positions.
Employers face a multitude of complications in states that partially or fully legalize marijuana. How can companies with workers in multiple states comply with conflicting laws from state to state? How can employers in legalization states comply with federal law that maintains marijuana is illegal? How can employers accommodate medical marijuana use if a drug test reveals an employee’s protected status as per some state laws and the employee demands accommodation of his or her medical use? How much is it going to cost employers to sort all this out?
The crux of the problem is that even though legalization advocates claim they want to “regulate marijuana like alcohol,” in reality they are writing laws that give marijuana and marijuana use protected status in the workplace – status that has never been afforded to other addictive drugs, such as alcohol, other intoxicants or tobacco.
On the one hand, they face costs to defend their obligation under federal laws to maintain safe environments and drugfree workplaces. On the other, they face costs to respond to lawsuits from employees and the general public if they knowingly jeopardize public safety through negligent hiring or discrimination as pressure to accept use intensifies.
26 | Official Publication of The Ohio Landscape Association
LITIGATION There is no doubt employers will face increasing litigation costs as employees try to assert rights to use marijuana on the job or after hours, even though research suggests they may be impaired at work the next day. The U.S. Supreme Court held in Gonzales v. Raich that possession of marijuana is illegal under the U.S. Controlled Substances Act whether or not a state legalizes the drug for medical use. Further, in Casias v. Wal-Mart Stores, Inc., the Sixth Circuit held that “private employees are not protected from disciplinary action as a result of their use of medical marijuana, nor are private employers required to accommodate the use of medical marijuana in the workplace.” Since 2008, California, Montana, Oregon and Washington state supreme courts have upheld employers’ rights to terminate medical marijuana users who fail drug tests. However, all of these findings have been based on the fact that marijuana is illegal under federal law no matter what states do.
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Does firing an employee who tests positive for marijuana violate anti-discrimination laws? A new case in New Mexico seeks protective status for medical marijuana use based on that state’s Human Rights Act, which prohibits discrimination against people with serious illnesses. A woman with a state-issued medical marijuana card lost her job when she failed a drug test at Presbyterian Health Services. Are employees who use marijuana off the clock impaired when they come to work? Some studies indicate they are, but no scientific measure of impairment similar to that of alcohol has been established, and experts predict none will be. How long employees who use marijuana during off hours are impaired is a critical, unresolved question. Litigants maintain they are not impaired, but some research suggests otherwise. Typical marijuana smokers experience a “high” that lasts about two hours. Behavioral and physiological effects generally return to baseline three to five hours after use begins but some memory impairments, such as the ability to filter out irrelevant information and the speed with which people process information, can last up to 24 hours after use.
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Must employers pay for employees’ medical marijuana if they are injured on the job? In New Mexico, the answer is now “yes.” By declining to hear an appeal in October 2014, the New Mexico Supreme Court allowed a landmark case to stand. In Vialpando v. Ben’s Automotive Services, employee Gregory Vialpando suffered an accident that continued on page 28 0116 Klyn Half.indd 1
The Growing Concern | January 2019 | 27 12/16/2015 3:27:07 PM
F EATURE ARTI CLE continued from page 27 severely injured his back in 2000. Thirteen years later, he filed an application with a workers’ compensation judge claiming that his former employer should pay the cost of the medical marijuana he uses for pain as part of his workers’ compensation benefits. The workers’ comp judge ruled that New Mexico’s medical marijuana program constituted “reasonable and necessary medical care,” and that Ben’s Automotive Services must reimburse Mr. Vialpando for his medical marijuana through its insurance company. Must employers pay unemployment compensation to employees fired for failing a marijuana drug test? Another decision handed down by the Michigan Court of Appeals in late October 2014 found that employees approved by the state to use medical marijuana are entitled to unemployment compensation if they were fired for failing a drug test.
SAFETY Various federal laws require all employers to provide a safe and healthy work environment, and those with certain safetysensitive jobs or who have federal contracts or grants, to maintain a drug-free workplace. Employers whose businesses are related to public safety and security must be able to ensure their employees are not impaired while at work. Otherwise, employers face litigation of a different sort: lawsuits caused by impaired employees that involve injuries or deaths among fellow employees, or the general public. How can employers ensure safety if they must show impairment rather than the presence of marijuana in the body? Proponents have put language in some state laws that require employers to demonstrate impairment, rather than the presence of marijuana in one’s system, before taking action against the employee. Again, with no scientifically acceptable test available to determine when an employee is impaired by marijuana and no agreement on what level of THC in the blood denotes impairment, proponents are opening another battle in their war against drug testing, this one, at least at present, unwinnable from the employers’ perspective. Challenges to drug-free programs, if successful, will endanger all kinds of workers, thinkers as well as doers, who must be clearheaded on the job to avoid accidents or mistakes that can hurt fellow workers and the general public. Construction industry workers, heavy equipment operators, utility company linemen and linewomen, nuclear power plant workers, securityindustry employees, accountants, stockbrokers and a host
28 | Official Publication of The Ohio Landscape Association
of others face elevated risks to safety from fellow marijuanaimpaired employees. Until scientists determine what level of THC in the brain and body denotes impairment and invent a test to detect it, the solution for employers remains a positive drug test, ensuring abstinence.
COMPLIANCE How can employers with employees in multiple states comply with marijuana laws that differ from state to state and with federal law? It is clear that employers should have a standard drug testing policy regardless of differing state laws. In Seafreeze Cold Storage v. Teamsters Local No. 117, a union employee who tested positive for marijuana after a random drug test was not terminated because there was no drug testing policy in place. Since the employee, then, could only be terminated for “just cause,” and the employer could not prove impairment, the employee was not fired. But this gets complicated when state laws differ on employee protections. In Connecticut, Maine, Rhode Island and Illinois, for example, employers cannot terminate an employee simply for being a medical marijuana patient. So there is a potential scenario where one employee of a multistate business would be allowed to work while holding a medical marijuana card, while another employee of that same business in a different state would not be allowed to do so. And if the protected employee tests positive for marijuana, even more complications arise.
WHAT CAN EMPLOYERS DO? Most of the new marijuana legalization laws have not been tested. Employers are in for several years of legal challenges on many different fronts as legalization advocates attempt to assert heretofore prohibited “rights” in the workplace. An emerging marijuana industry will intensify such efforts as it tries to expand the market to increase its profits. To protect themselves, employers must keep abreast of changing laws and the changing marijuana landscape as new marijuana products and services are developed that threaten workers, their families and the public. A good place to start is National Families in Action’s The MarijuanaReport.org, which tracks daily marijuana news nationwide and publishes “The Marijuana Report,” a weekly e-newsletter featuring the top stories posted to the website the previous week.
F EATURE ARTI CLE F EATURE ARTI CLE Remember that no matter how many states legalize some form of marijuana, the drug is still illegal under federal law. Case law creating safe and drug-free workplaces that protect employers as well as employees and the general public has been developed over more than a quarter of a century. Unless Congress changes federal law, it will take many years to undo this case law. This gives employers time to bring their policies up-to-date while the legalization battles are fought on several fronts.
REVIEW YOUR COMPANY POLICY If your business is headquartered in or has employees in states that have legalized possession and use of medical marijuana and/or adult-use marijuana, you may need a policy with some flexibility:
• Define what policy means by “marijuana,” “cannabis,”
TAKE ACTION TO PROTECT YOUR WORKPLACE Become aware of the safety risks associated with marijuana use and develop strategies to control the risk. At some companies, the risks will be greater due to the nature of the work being performed. Employers whose workers operate motor vehicles or machinery and those who must rely on employees’ clear-headedness, coordination and concentration could face an increased risk of injury or costly mistakes if their employees are under the influence of marijuana. Impaired workers who operate heavy machinery or handle hazardous materials could cause even more serious harm: they may be more likely to jeopardize the health and safety of coworkers and the public. Once risks are identified, employers are expected to minimize risk under the general duty of care requirements of the Occupational Safety and Health Administration (OSHA) Act. Make management decisions about how to handle various scenarios that could arise as new situations unfold in the future. Revise your drug-free workplace policy accordingly. Be flexible and adapt your policy to changing circumstances. Train your managers about your new policies and subsequent changes you may have to make depending on the shifting marijuana landscape. Have your managers inform your workforce about each change, explain why each is necessary, and explain how each protects workers, their families and the public.
• • • • • •
• • •
“medical marijuana,” “recreational use,” “after hours,” or any other term used in the policy. Clarify what the business means by “under the influence.” Specify procedures and penalties. Require employees to self-disclose if they want accommodation under ADA. Protect employees who self-disclose medical problem from discrimination. Contract for testing that differentiates marijuana use from other drugs. Educate employees and managers in clinical issues relating to the nature of cannabis, its effects and their relationship to work, and the language of laws affecting drug use and abuse. Refer employees to resources for treatment of abuse of drugs. Include policy in recruiting materials and new hire onboarding. Remain consistent in practice and application of policy.
This story originally ran on The Voluntary Protection Programs Participants’ Association, Inc. (VPPPA) site, located at https://www.vpppa.org. VPPPA is comprised of a global community of dedicated safety and health professionals empowering occupational safety culture across more than 50 industries.
The Growing Concern | January 2019 | 29
D I RECTI ON S
THIS IS YOUR ASSOCIATION! The Ohio Landscape Association can only be a good as it members make it. We think we have some pretty awesome members and it shows with the many successes we have had over the years. An involved membership is what really makes us tick. As Adam mentioned in his column, our board of directors just completed a strategic planning session that was led by OLA Past President, Greg Malone, M.Ed. So, I would like to share with you the 4 main Tactics included in the Strategic Plan.
SANDY MUNLEY
Executive Director The Ohio Landscape Association
Tactic #1: Membership Growth and Retention Tactic #2: Support for Internal and External Education and Advocacy Tactic #3: Committee Responsibility Tactic #4: Data Driven Decision Making
before our January meeting on January 24th, so please call me for more information, if you might be interested in attending. If you want to be part of a committee, but cannot attend on the 24th, let me know and I will be sure you get added to a committee roster.
These tactics are not goals, but rather principals that we will consider in all that we do for the next few years. There is, of course, more detail to these tactics that we will be sharing along the way.
At the end of this month, our OLA garden construction will begin for our garden at the Great Big Home and Garden Show at the I-X Center in Cleveland. Please let me know if you are interested in helping to construct, staff, or teardown the garden. We can always use more help with it! Ken Sasak, of Sasak Landscaping, is our chairperson and project manager again this year, assisted by his son Kevin. They are great guys and we are excited to have them leading this year’s garden!
I hope that you might be inspired and make it one of your goals to get more involved with the Ohio Landscape Association by helping with the garden at the Great Big Home and Garden Show, or joining an OLA committee. Generally speaking, committee work is not a huge time commitment, but it is very helpful to us and a great networking tool for you. It is also the first rung on the ladder towards becoming a future board member - if you have interest in that. Not all of our committees have been very active over the last couple of years, but it is our goal to change that. Some of our committees have done exemplary work and we hope to use them as a model. We will hold a general committee informational meeting (for all committees) immediately
30 | Official Publication of The Ohio Landscape Association
Again, this is your association! Our board of directors is made up of a diverse sampling of our membership and is elected by you to serve, but they cannot do it alone. Our committees include Education, Golf Classic, Awards, Legislative, Membership, Programs, and Public Relations/Workforce Development. I hope to hear from you about an area of interest you may have. I would be happy to tell you more! I wish you and your families a healthy, happy and prosperous new year!
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