I’m not in favor of illegal immigration, or criminal activity in general. I understand the plight of honest, law-abiding citizens in the border areas who fear for their safety and feel that their own rights and liberties are slipping from their fingers. It makes perfect sense to me that people—Latino, Caucasian, African-American or whatever—should carry proof of identification and citizenship. I agree that law enforcement should do all they can to apprehend and deport those who are in this country illegally.

Some in Arizona, including the governor and state legislature, feel the same way, which is why Senate Bill 1070 is a reality.

But here’s another reality: It is hurting many honest small businesses, namely landscape contractors.

As written in the Bill, “reasonable suspicion” leaves the door wide open. (“Reasonable suspicion exists that the person is an alien who is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person.”)

What is “reasonable suspicion”? Is a Hispanic operating a hedgetrimmer reasonably suspicious? From what I’m hearing, it might be.

It’s a shame that many landscape contractors who operate legally, ethically and professionally once again become collateral damage in an effort to stop those who don’t.

There are approximately 1,100 licensed landscape contractors in the state of Arizona, more than 50% of which “turn over” every six months or so, according to Judy Gausman, CEO of the Arizona Landscape Contractors Association (ALCA). Less than a third (350) are ALCA members. All of them are affected by SB 1070.

Gausman says ALCA members have been given the tools to comply with the law through information distributed in the ALCA Influence magazine and through mass emails. ALCA has also provided a number of seminars presented by attorney Julie Pace that instruct landscape contractor owners. Topics have included:

• How to conduct I-9 audits and correct I-9 mistakes
• Learn the Latest Regarding ICE Audits and ICE Investigations
• Learn Strategies to Demonstrate Immigration Compliance
• Implement Procedures to Respond to Government Investigations
• Learn about the Nuts and Bolts of E-Verify
• Learn how to Defend your Company against Violations under the new Arizona Employer Sanctions Law
• New Federal Regulations on SSA No Match Letters

Check back for updates as this story continues to develop.

~ Gregg Wartgow, editor-in-chief of Yard & Garden and PRO Magazine

As Earth Day (April 22) approaches, Green Industry professionals are stepping up and giving back. Lawn equipment dealers and landscape contractors are organizing scores of community service projects across the country.

One such company is Carl’s Mower & Saw in Ferndale, WA. This servicing dealer is offering a free spark plug and air filter to anyone who comes into the dealership on Earth Day; customers must also bring in their old filter and plug for the exchange. Briggs & Stratton research shows that up to 50% of lawnmower emissions can be reduced by proper maintenance, which includes replacing the air filter and spark plug.

What are some other Green Industry Pros doing on Earth Day?

~ Gregg Wartgow, editor-in-chief of Yard & Garden and PRO Magazines

Just posted an item at GIP News based on an article I saw in the San Francisco Chronicle talking about the final passage of the San Francisco Landscaping Law. This green movement is real guys, so you’d better get on board quick (keep following our “Green Enigma” series in PRO, which kicked off in our March/April issue).

In a way, the law in San Francisco pumps me up, since the local government there has recognized the importance nature and landscaping play in a sound environment. But the law favors trees, rain gardens, eco-friendly hardscaping, etc., as opposed to healthy turf. In fact, at least 50% of new front lawns must consist of the aforementioned elements. Hmm … is that good news for a contractor making his living mowing and fertilizing grass, or a dealer who sells equipment to mow and fertilize that grass?

Now keep in mind that this is San Francisco (a much different place than most towns and cities in the country). But if the green movement continues on the path and pace it currently is on, landscape contractors and lawn equipment dealers will need to make some changes.

~ Gregg Wartgow, Yard & Garden and PRO Magazine editor-in-chief

In my mailbox the other night was a post card indicating that I could receive up to $35 because the manufacturer may have misled me about the horsepower rating on a push mower I bought in 2003. This class action lawsuit allots up to $75 for a riding mower.

Wow, I had no idea … for the past seven years my mower has done a really good job of making grass short. But the defendants, who you can learn about at www.lawnmowerclass.com, and the plaintiffs decided to settle – and now I and every other schmuck who bought a lawnmower up to 30 hp between January 1, 1994 and April 12, 2010 can benefit.

The guy who spearheaded this class action suit seems to be primarily driven by the fact that the defendants conspired to trick consumers into buying more expensive mowers, and then conspired to conceal their efforts. The defendants naturally deny any wrongdoing, but have decided to settle nonetheless, which is often the case in events like this.

And now they’re going to pay – and even people like me who haven’t for one second felt victimized are going to benefit. That’s the system.

Here’s the kicker: In lieu of that $35 or $75 cash settlement, I and many others could simply be awarded an extended warranty; sounds like that’s up to a given manufacturer to decide. So “making this right” could fall on servicing dealers. How “extended” the warranty will remain to be seen. My guess is that mowers that are more than three years old will fall into the cash settlement category. Mowers still in warranty will be granted another year.

What are your thoughts?

~ Gregg Wartgow, editor-in-chief Yard & Garden and PRO Magazine

Health care reform is a reality, at least for now. What does this mean for lawn and garden equipment dealers and landscape contractors? I’ve never met one of either who employs more than 50 full-time people who doesn’t offer health care. So, is this a good thing for those in the Green Industry trenches? Let’s hear ya’!

Social networking has been growing in many industries, and is now being used even more as a tool for the Green Industry. Dealers and contractors are using the free site Facebook.com to connect with peers and open discussions about the latest equipment trends, industry news, bidding on jobs, completing installation projects, etc. It can be a great tool for getting advice and sharing your own expertise.

Yard & Garden and PRO have Facebook groups for dealers and contractors. We hope these private groups will consist of forward-thinking dealers and contractors whose ideas will help keep our editorial content in line with reader cares and concerns.

But just like a good mower, Facebook is only going to help you get the job done if you know how to start and maintain it. Signing up for a Facebook profile is easy, as the website walks you through the steps. However, managing one isn’t such a no-brainer. There are several articles online that walk you through the steps of using facebook. Here is a series of eHow videos that can help get you started.

Already using Facebook? How are you using it as a tool to better your business? Tell us in the comment section.

Lisa Danes, Yard & Garden and PRO associate editor

Did you see American Idol the other night? It’s the first few episodes of the season when they show clips of some of the weirdos who auditioned. One of them was a nature-loving “lawn guy” from Massachusetts. The Idol producers did a great job of playing up this character as a free-spirited flower sniffer you could hardly take seriously. He wasn’t a “professional landscape contractor” or a “licensed irrigation contractor” or a “Landscape Industry Certified Lawn Care Technician.” He was a “lawn guy”. How’s that rub you?

~ Gregg Wartgow, PRO Magazine

I’m getting ready to head over to the Kentucky Exposition Center for the final day’s events at the 2009 GIE+EXPO. It’s been an interesting show. Attendance has been surprisingly solid. Most exhibitors said that, while perhaps the number of total attendees was down a bit from past years, the number of “decision makers” attending the show was very strong. In other words, owners of equipment dealerships and landscape companies attended the show, but didn’t bring as many of their employees along as normal. That makes sense, because these days it’s been all about doing more with less.

I was thrilled with the level of enthusiasm and optimism from both dealers, contractors and green industry suppliers. Many commercial equipment manufacturers said they are encouraged by dealer intentions with respect to inventory plans in 2010. That means dealers are feeling better about where their commercial customers are at the end of this challenging year. Next year will be a step forward for the industry, how long a step is still anyone’s guess.

But commercial equipment manufacturers are meeting the challenge as contractors creep closer to unleashing some of their pent-up demand. I was impressed by the number of new products introduced at this year’s show. As contractors and dealers begin their paths forward out of this recession, there are a variety of tools, products and services at every turn to help them prosper.

Keep an eye on www.greenindustrypros.com for new Equipment Guide listings and videos of new product introductions at GIE+EXPO as we continue to post new information over the course of the next couple weeks.

~ Gregg Wartgow, Yard & Garden and PRO editor-in-chief

On page 10 of PRO’s Oct/Nov 2009 issue, a design/build contractor relates that he has “been in business over 20 years and has never seen economic times like this.” His D/B sales are off 40% from last year, and without additional maintenance sales and practicing a rather conservative growth strategy over the last few years, his company would be in trouble. Despite the murky outlook, he’s forward-thinking and making plans to recover fast with the economic recovery.

By definition, isn’t that what leaders do? Leaders look ahead and make plans today for a brighter and more profitable tomorrow. This past year, it has been all too easy to get mired down in the economic muck. Layoffs, wage reductions and other cost-cutting, along with spending more hours selling and worker harder, have been key components to contractor survival kits.

But a survival kit isn’t complete without a plan for moving forward, and “making plans” is what savvy contractors do. As you read through this issue, you’ll discover how contractors are finding ways to succeed in a changing market, how holding effective strategic planning meetings can help identify new opportunities, and how making a few on-site adjustments can set a company apart from the competition and reduce costs for customers.

Do you have the stomach to succeed in the new normal—in what promises to be a more competitive business environment driven by even higher customer expectations? Certainly, the above contractor whose D/B sales are off significantly has the stomach, as do three of his peers, all of whom share growth plans and strategies in the toughest of markets.

This issue provides an opportunity to find out what industry leaders are saying about next year. Also take a moment to read through the GIE preview section on page 24 for a look at some of the new products being introduced at the upcoming GIE+EXPO to be held in Louisville October 29-31. For an even closer look at the show, visit gie-expo.com.

Then there’s the Green Industry Conference, which is also being held in Louisville October 28-31. The GIC’s keynote address features three industry leaders who will share their vast knowledge and experience. Also, readers have always told me that just attending the GIC’s PLANET Breakfast with Champions is well worth the trip. Listen to a conversation with contractor Bob Grover at greenindustrypros.com/procast for a rundown of five “can’t miss” events.

GIE/GIC is indeed a “can’t miss” opportunity this year, especially for leaders looking for new ideas to build for the future. While there, please stop by PRO’s exhibit on the show floor (Booth #2138) to say hello and share some of your thoughts about the industry.

Finally, the winners of the 2009 Pros in Excellence landscape contractor recognition awards will be announced at a press conference on Friday, October 30 at 3 p.m. So stop by the New Products Arena stage on the show floor to see who this year’s winners are. The awards are sponsored by Ariens, Stihl and GIE+EXPO.

~ Rod Dickens, senior editor of PRO

As a follow-up to the post by Rod Dickens (”Can’t Always Judge a Book by its Cover”), I feel compelled to also offer my perspective, since I was the editor who traveled to Kearney, MO, to visit the contractor and shoot the image for PRO’s Summer 2009 cover.

Let me start by making one thing clear: The three contractors who took exception to the cover did so because they are very passionate about this business. That is honorable. Everybody wants an even playing field where all contractors are insured and certified, employ legal workers, drive clean trucks, operate commercial-grade equipment, look like professionals, perform the work like professionals, and charge a fair market price for that work. Regretfully, that day has yet to arrive. And unfortunately, the reasons why go way beyond something as simple as “mowing in a sweatshirt.”

But let’s talk about personal appearance, since that was the bone of contention with respect to our Summer cover. As a contractor and business owner, you’ve put your livelihood on the line and invested tens if not hundreds of thousands of dollars of your own money in trucks and equipment. That said, whose right is it to tell you what you have to wear to work in order to refer to yourself as a professional?

At the same time, thousands of other contractors have taken similar risks and made similar investments, and they’re pretty adamant that uniformed crews are essential to projecting a more professional image of this industry. It’s not fair to them when a segment of the industry continues to harm that image.

So … who decides what is and is not professional? Do regional and national associations that represent only a small percentage of all established landscape companies in the U.S. issue a decree? Does the biggest, baddest landscape company in a given market set the tone for that market? Conversely, is it the fly-by-night trunk slammer who shows up to mow in a Metallica tank-top? Should Nancy Pelosi and Barney Frank get involved?

Here’s an idea: The customer is the decider. In the case of the contractor on our Summer cover, he specializes in commercial and high-end residential maintenance. Because of his reputation and the professional “behavior” of his crews, the movers and shakers in his small market have sought him out to maintain their properties. He’s enjoyed a 95% customer retention rate for years.

If you look on page 8 of that same Summer issue, you’ll see that this contractor does have company shirts, because he’s wearing one himself. It got a bit rainy and chilly the day I was in town to shoot the cover photo, so the mower operators had thrown on sweatshirts. The bottom line is that the owner of the property they were mowing could care less, because when the crew finished up and drove off, that property was the crown jewel of the neighborhood.

Perhaps the issue isn’t whether or not it’s OK for a landscape professional to be mowing in a sweatshirt. Maybe the issue is simply PRO Magazine showing that on a cover. I promise you, we’ll be much more conscientious in the future.

Case in point, a week after we’d received those two emails about the Summer cover, I headed out to hang with a local landscaper who was installing a retaining wall and staircase in the backyard of a duplex. As I was shooting pictures, thinking that down the road we may want to use one on a cover of PRO, I asked the contractor, John Martin of Lawn Enforcement, if he had a company shirt he could throw on over the dusty, sweaty gray T-shirt he’d been wearing all day.

John looked down at the ground for a second before responding. “Actually, I don’t,” he said softly. “But I do have a jacket with my company logo that I wear in the off-season to help advertise. I could run home and bring that back after lunch.”

I thought about how John responded to me, willing to do whatever he could to accommodate my request. I thought about how considerate and honest he is, and how much his customers appreciate that. I looked at the gorgeous project that was unfolding before my eyes. I looked at the wedding ring on his left hand, remembering that he has a wife and young daughter he provides for by being a professional landscape contractor with not a single unethical bone in his body.

“No dude,” I responded. “It’s really humid today. Forget the jacket, because you’re doing just fine.”

~ Gregg Wartgow, PRO editor-in-chief