SPECIAL COMMISSION MEETING
TELEPHONE CONFERENCE CALL
August 20, 1999
Commission Members Participating:
CT: Shirley Ferris, Robert Jacquier, Mae Schmidle
ME: Colon Durrell, Fred Hardy
MA: Mary Kassler
N.H.: Powell Cabot, Debora Erb, Doug Morris
R.I.: Ron Newman, Al Bettencourt Jr., Aaron Briggs, John Smith,
VT: Jacques Couture, Andy Dykstra, Harold Howrigan, Millicent Rooney
Commission Staff Participating:
Kenneth Becker, Executive Director; Dixie Henry, General Counsel; Carmen Ross, Regulations Administrator; David Ferch, Public Information Director
Outside Legal Counsel Participating: Clifford Sloan, Jennifer Shah
Also Participating: Leon Graves, Commissioner of the Vermont Department of Agriculture,
Food and Markets, ex officio, Peter Petrone
It was determined that a quorum of the Commission and a representative from each state was participating and Chairman Mae Schmidle called the meeting to order at 11:05 a.m. on Friday, August 20, 1999.
Chairman Schmidle stated the purpose of the special meeting of the Commission was to discuss pending litigation and called for a motion to enter into executive session
Motion by Ron Newman/Second Fred Hardy
Moved to enter executive session to discuss pending litigation.
MOTION PASSED 6 TO 0
Executive Session terminated.
Motion by Ron Newman/ Second Jacques Couture
Moved that the Commission will agree to settle the litigation in Suiza, et al. vs. Northeast Dairy Compact Commission, et al. by a payment of $50,000 to the plaintiffs and an agreement by the plaintiffs that they will not bring challenges regarding the administrative assessment if it is 3.2 cents per hundredweight or less. Furthermore, the Commission declines to include in the settlement agreement any provisions for Freedom of Information Requests and/or distribution of accounting statements. The Freedom of Information Request issue and the accounting statement issue will be dealt with as a separate matter by the General Counsel of the Northeast Dairy Compact. The settlement terms will be consistent with the motion of the Committee on Administration passed on August 19, 1999 on this issue.
MOTION PASSED BY A VOTE OF 6 to 0
Meeting adjourned at 11:49 a.m.