Northeast Dairy Compact Commission

January 3, 2001 - Centennial Inn, Concord, NH


Chair Mae Schmidle called the meeting to order at 10:10 am.


Commissioners in attendance:

CT: Bob Jacquier; Mae Schmidle; Bob D'Allasandro; Gabe Moquin, as designee for Shirley Ferris

MA: Charley Arbing; Gordie Cook; Mary Kelligrew Kassler; Jim Hines as designee for Jay Healy

ME: Fred Hardy; Colon Durrell; Stan Millay

NH: Deb Erb; Doug Morris

RI: Aaron Briggs; Ron Newman; Al Bettencourt; Peter Petrone

VT: Jacques Couture; Andy Dykstra; Harold Howrigan


Commission Staff in Attendance:

Dan Smith, Executive Director; Tom Lehner, Staff Counsel; Carmen Ross, Regulations Administrator; Nancy Audette, Office Manager; Abby Meyer, Intern


I. Public Participation

There was no public participation during this period.


II. Introduction of Guests

Ray Christensen, New York Department of Agriculture and Markets; Gail Christensen and Pat Green, Country Folks; Lester Gibbs and Raymond Roberts, Vermont Grange; Erik Rasmussen, Market Administrator; Carl Peterson and Bob Wellington, Agrimark, Inc.; Steve Watrous, Allied Federated Cooperatives.


III. Consideration and Approval of Minutes of the December 1, 2000 meeting

Motion 1/3/01-1 by Mr. Couture/Second by Mr. Newman

              Moved to approve the minutes of December 6, 2000 as presented.

              MOTION PASSED 6 TO 0

IV. Consideration of Communications

There were no communications to consider.

V.          Financial Report: Month Ending November 30, 2000

Commissioner Durrell, Treasurer, presented the financial statements for the

Administrative and Producer Settlement Funds for the month ending November 30.

Motion 1/3/01-2 by Mr. Durrell on behalf of the Committee on Finance


Moved to file the financial statements for the month ending November 30, 2000 for audit



VI.         Reports

A. Chair's Report

Commissioner Schmidle stated that her Chair's Report would be incorporated into her report for the Committee on Administration.


B. Executive Director's Report

Mr. Smith introduced Abby Meyer, Office Intern. He indicated that she was helping him with the outline of the Compact Impact Report. Mr. Smith also explained that he is working with research assistants and an economics professor at the University of Vermont on the farm side of the Impact Report and that work on the other elements of the Report was proceeding. He indicated that the Organic Cow brief would be filed by January 16, and that the briefing should be complete and the case prepared for oral argument sometime in March. Mr. Smith also reported that the office staff ‑ Mr. Lehner, Mr. Ross and himself ‑ were preparing an informal/formal request for comment from interested persons regarding implementation of the supply management program payouts, set to commence this summer. He closed by indicating that the office move had occurred smoothly, and that he had turned his primary attention to the recruitment and hiring process for the two open positions.


C. Committee on Administration

Commissioner Schmidle reported that the Committee had reviewed scheduling and meeting location issues, and the Chair's proposed committee assignments. She indicated that the Committee would recommend that the Commission meet in Concord for the February meeting, but then hold its March meeting, concurrent with the Annual Meeting in Vermont, late in the month. She also stated the Committee would recommend that the Commission travel throughout New England for the monthly meetings beginning in May.


D. Committee on Regulations and Rulemaking

Commissioner Starr was absent in order to attend his swearing‑ in ceremony as a Vermont State Legislator. In his absence and at his direction, Mr. Smith reported that the Committee on Regulations would begin a discussion about the price regulation and the propriety of amending the amount of the over‑order obligation. Mr. Smith indicated that Mr­. Starr had stressed that the Committee's discussion was intended to be informative and preliminary.


VII. New Business

A. Recommendations of Committee on Administration

i. Motion 1/3/01-3 by Mr. Petrone on behalf of the Committee on Administration


Moved to approve the Chair's recommendations for committee appointments‑ (set forth as an attachment to the minutes).


Discussion: Mr. Petrone indicated that the Committee on Administration had reviewed and approved the Chair's recommendations for Committee assignments and recommended their adoption by the full Commission. Ms. Schmidle indicated that she had asked each state to submit proposals for committee assignments for its delegation members. She indicated that she had tried to accommodate the concerns of each state and still provide the needed balance on each committee for each constituency represented. Commissioner Erb indicated that the New Hampshire delegation had proposed Commissioner Morris for the Committee on Regulation, in his capacity as an economist, and Commissioner Cabot for the Committee on Nominations, rather than the inverse as reflected in the Chair's recommendation. Further discussion ensued.


Motion 1/3/01-4 by Ms. Erb/Second by Mr. Bettencourt


Commissioner Erb moved to amend the pending motion, to approve the Chairs proposed appointments with the substitutions of Commissioner Morris on the Committee on Regulations and Commissioner Cabot on the Committee on Nominations




ii. Motion 1/3/01-5 by Mr. Petrone on behalf of the Committee on Administration


Moved to schedule the March monthly meeting and the Annual Meeting at a date and time to be scheduled by the Chair.


Discussion: Commissioner Petrone explained again that the Committee on Administration recommended that the March meeting be held in Montpelier, Vermont toward the end of March, to allow for the potential attendance of the Vermont Congressional delegation at the Annual Meeting. With regard to the monthly meeting date change, he indicated that the Bylaws enabled and required the Commission to so authorize the change from the first Wednesday of the month. With regard to the Annual Meeting date change, he indicated that a Bylaws amendment is necessary for the Annual meeting to be held on a date other than the first Wednesday of the month, and that the newly constituted Bylaws Committee would be asked to review this issue.




The Commission recessed briefly after this motion to allow the newly constituted Committees on Bylaws and Finance to meet.


When the Commission reconvened, Commissioner Millay reported that the Bylaws Committee would recommend the bylaws change to allow the change in date for the Annual Meeting. Mr. Lehner explained that the full Commission would receive written notice of the proposed bylaws change relating to the scheduling of the Annual Meeting in time for action at the February meeting.


B. Recommendation of Committee on Finance

Motion 1/3/01-6 by Mr. Durrell on behalf of the Committee on Finance


Commissioner Durrell moved to that the Commission authorize payment of the litigation attorney invoice relating to In re Organic Cow in the amount of $8,310.82




Ms. Schmidle closed the new business portion of the meeting by indicating that the Chairs for Standing Committees for 2000 needed to prepare their Annual reports for submission at the Annual Meeting in March


VII. Opportunity for Individual State Comments.

Commissioner Bettencourt informed the Commission that the President would be making a series of important appointments to the farmer service organizations in each of the states, and that Commission members might wish to participate in the appointment process. Commissioner Cook informed the Commission of a developing problem with Johnes cattle disease.


VIII. Additional Public Comment

There was no public comment during this additional period.


The meeting was adjourned at 11:43 am.


Respectfully submitted,




Douglas E. Morris, Secretary


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