Approved Minutes
Emergency Commission Meeting
Telephone Conference Call
August 26, 1999
Commission Members in Attendance:
Connecticut: Shirley Ferris, Robert Jacquier, Mae Schmidle
Massachusetts: Gordon Cook, Sam Shields
Maine: Fred Hardy, Colon Durrell
New Hampshire: Douglas Morris, Debora Erb, Powell Cabot
Rhode Island: Ron Newman, Christine Jabour
Vermont: Jacques Couture, Andy Dykstra, Harold Howrigan, Millicent Rooney
Commission Staff Participating:
Kenneth Becker, Executive Director; Dixie Henry, General Counsel; 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, and Gabe Moquin of Connecticut
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 Thursday, August 26, 1999.
Chairman Schmidle stated the purpose of the emergency meeting of the Commission was to discuss pending litigation and called for a motion to enter into executive session
Motion by Gordon Cook/Second by Jacques Couture
Moved to enter executive session to discuss pending litigation.
MOTION PASSED 6 TO 0
Amendment by Ron Newman/Second by Sam Shields
Moved to allow staff, legal counsel and Mr. Moquin to sit in on the meeting
MOTION PASSED 6 TO 0
Executive Session terminated.
Motion by Ron Newman/Second by Robert Jacquier
Moved to clarify the language in the settlement agreement to specify that the plaintiffs may not challenge the administrative assessment if the assessment is 3.2 cents or less.
MOTION PASSED 6 TO 0
Motion by Jacques Couture/Second by Robert Jacquier
Moved to accept the proposal to amend the settlement agreement to permit the plaintiffs to bring a challenge in any months with an assessment of 3.2 cents or less after a month in which the rate exceeds 3.2 cents.
MOTION PASSED 6 TO 0
Moved by Ron Newman/Second by Andy Dykstra
Moved to accept the settlement agreement received on Wednesday, August 25 after 9 p.m. subject to the Commission's actions on Motions 1 and 2 above.
MOTION PASSED 6 TO 0
The meeting was adjourned at 12:15 p.m.
Respectfully submitted,
Powell Cabot
Secretary