APPROVED MINUTES
NORTHEAST DAIRY COMPACT COMMISSION
NOVEMBER 11, 1999
CENTENNIAL INN, CONCORD, NH
Commission members in attendance:
CT: Shirley Ferris, Robert Jacquier, Mae Schmidle.
MA: Mary K. Kassler, Jim Hines.
ME: Fred Hardy, Colon Durrell, Linda Smith Dyer.
NH: Douglas Morris, Debora Erb, Powell Cabot.
RI: Ron Newman, Al Bettencourt, Peter Petrone, Aaron Briggs,
VT: Harold Howrigan, Robert Starr, Andy Dykstra, Jacques Couture, Millicent Rooney.
Ex Officio Members Present: Leon Graves, Vermont Department of Agriculture, Food and Markets.
Commission Staff Present:
Kenneth Becker, Executive Director; Dixie Henry, General Counsel; Carmen Ross, Regulations Administrator; David Ferch, Public Information Director; Denise Little, Administrative Assistant; and Patricia Lammott, Temporary Office Assistant.
Chairman Mae Schmidle called the meeting to order at 10:17 a.m. on Wednesday, Nov. 1, 1999.
I. Public participation:
None.
II. Introduction of Guests:
Gail Christensen, Ray Christensen, Kay Zeosky, Jaun Lee, Stephen Gloton, Gabe Moquin, Stanley Millay, Eric Rasmussen, Bob Wellington, Pat Green.
III. Consideration and Approval of Minutes of the October 6, 1999 meeting
Motion 11/10-1 by Bobby Starr/Second by Ron Newman
Moved to approve the minutes of the Oct. 6, 1999 meeting as amended.
MOTION PASSED 6 TO 0
J. Couture offered a correction on page 2 of the Oct. 6, 1999 minutes in the passage describing money set aside for the Commodity Credit Corp. The word "million" was omitted from the obligation figure.
IV. Communications
M. Schmidle announced the retirement of John Smith, director of the Rhode Island WIC program and said Becky Bessette, who was not present, was appointed by Patricia Nolan to replace J. Smith on the Commission. P. Petrone will continue to serve as an alternate designee.
M. Kassler said the reports indicate the Commission is in good financial condition.
Motion 11/10-2 by Mary Kassler on behalf of the Finance Committee
Moved that the September 1999 and January-September 1999 financials be accepted and filed for audit purposes.
MOTION PASSED 6 TO 0
M. Schmidle said she received a copy of testimony offered by K. Becker before the Vermont House Committee on Appropriations on the state of farming in Vermont.
R. Newman asked permission to address an agenda item out of order.
Motion 11/10-3 by Ron Newman/Second by Fred Hardy
Moved that New Business on the agenda be moved up to be addressed immediately.
MOTION PASSED 6 TO 0
Under new business, R. Newman asked to address a personnel matter. He also asked that D. Little be permitted to sit in on the Executive Session and that K. Becker be asked to attend on request, which was convened at 10:35 a.m.
Motion 11/10-4 by Bobby Starr/Second by Ron Newman
Moved to go into executive session to discuss personnel matters.
MOTION PASSED 6 TO 0
The executive session was terminated at 12:15 p.m.
Break for Lunch
Meeting reconvened at 1:35 p.m.
Public Participation:
None
Motion 11/10-5 by Al Bettencourt/Second by Ron Newman
Moved that item VII C be moved to the top of the agenda.
MOTION PASSED 5 TO 1 (N.H. VOTING NO)
(VII C., from the agenda)
B. Starr suggested the deliberation of the proposed supply management issue be postponed until there is resolution on Compact reauthorization. Uncertainties about the Compact's future would make planning accurately difficult.
Motion 11/10-6 by Bobby Starr /Second by Ron Newman
Moved to postpone the deliberation and decision on the proposed supply management program until the next regular monthly Commission meeting.
MOTION PASSED 6 TO 0
VII. Executive Director’s Report
On Nov. 5, the price of milk dropped from $19.50 to $14.73, the second steepest drop in history. This means there will be a $2.21 over order obligation for the December pool paid in January, said K. Becker.
In response to a question raised by Jim Beulow, then regional dairy director of NFO, at the June 1999 Commission meeting during the public participation period, K. Becker said that follow-up correspondence and communication had been shared with NFO management. The questions concerned audit adjustments and depooling of milk pursuant to the Commission's regulations on diverted and transferred milk. Staff has provided NFO with the most recent version of the Compact regulations as amended, and has explained to them the rules regarding producer qualification and diversion and transfer limitations. The matter has been resolved.
The initial partial non-payment by a handler in the September pool appears to be a misunderstanding and is resolved, said K. Becker.
K. Becker said he was invited to attend the annual meetings of the Dairylea and Agri-Mark co-ops.
VIII. Committee on Finance Report:
None
IX. Audit Committee:
The committee is without a chairman and M. Schmidle asked H. Howrigan to serve as acting chairman until the post could be filled.
X. Bylaws Committee:
None
XI. Committee on Regulations & Rulemaking:
The Commission contracted with the University of Vermont to conduct a study of the impacts of the Compact regulations on the milk market. That report has been completed, said B. Starr. The UVM researchers cannot be at the December meeting and asked to present the study at the January meeting.
K. Becker pointed out that this study was commissioned to help inform the Compact Commission on the impact of the Compact on the marketplace. The study does not address the broader policy issues being debated in Washington, DC.
The researchers want permission to publish portions of the study. B. Starr said the Commissioners should have a chance to study the report first. By consensus the Commission decided to take the matter up at the December meeting.
K. Becker said there has been no response from the CCC.
Leon Graves offered an update on efforts to win reauthorization for the Compact.
Federal Milk Market Administrator’s Invoice – August Pool and Accounting and Audits completed in September.
Motion 11/10-7 by Ron Newman on behalf of the Administration Committee
Moved that the Commission approve the federal milk market administrator's invoice - August pool and accounting and audits completed in September for $14,393.24
MOTION PASSED 6 TO 0
M. Kassler said that the UVM report had been completed and the remainder of the bill should be paid.
Motion 11/10-8 by Mary Kassleron behalf of the Finance Committee
Moved that the Commission pay the balance of $25,282.76 due on the UVM study.
MOTION PASSED 6 TO 0
XIV. Next Meeting Date:
The Commissioners chose to meet on Wednesday, Dec. 1, 1999 and on January 5, 2000.
M. Kassler offered a motion to go into executive session to discuss personnel issues at 2:08 p.m.
Motion 11/10-9 by Mary Kassler/Second by Robert Jacquier
Moved that the Commission go into Executive Session for the purposes of discussing personnel issues.
MOTION PASSED 6 TO 0
The executive session was concluded at 4:30 p.m.
L. Dyer made a motion to create an ad hoc committee to investigate a specific personnel issue.
Motion 11/10-10 by Linda Smith Dyer/Second by Ron Newman
Moved that an ad hoc Personnel Committee be appointed by the Commission to include Peter Petrone, Linda Smith Dyer (chair) Doug Morris, Jim Hines, Bob Jacquier, Millicent Rooney.
MOTION PASSED 6 TO 0
The Meeting adjourned at 4:40 p.m.
Respectfully Submitted,
Powell Cabot, Secretary