DRAFT MINUTES
NORTHEAST DAIRY COMPACT COMMISSION
AUGUST 2, 2000
CENTENNIAL INN, CONCORD, NH
Vice Chair Mae
Schmidle called the meeting to order at 10:45 a.m.
Commissioners in attendance:
CT: Mae Schmidle, Shirley Ferris, Bob Jacquier
MA: Jay Healy, Mary Kassler, Gordon Cook
ME: Stan Millay, Colon Durrell, Fred Hardy
NH: Deb Erb, Powell Cabot, Doug Morris
RI: Peter Petrone, Aaron Briggs, Ron Newman, Al Bettencourt
VT: Harold Howrigan, Jacques Couture, Millicent Rooney, Andy Dykstra
Commission Staff in Attendance:
Dan Smith, executive director; Carmen Ross, regulations administrator;
David Ferch, public information director.
I. Public Participation:
Mayo Cookson of National Farmers Organization said he wants the press to
provide more information about money farmers provide for the Women, Infants and
Children (WIC) program and school milk program and public service in general.
Commissioner Howrigan said that, in the transition to new executive director,
he wanted to point out that Ken Becker lived up to the letter of his contract.
And he thanked publicly the people who fought for the Compact in Massachusetts,
in particular Commissioner Jay Healy.
Commissioner Healy said IDFA (International Dairy Foods Association) filed a
Freedom Of Information Act request.
II. Introduction of guests:
Steve Taylor of the New Hampshire Department of Agriculture; Bob Wellington
of Agri-Mark; Ray Christensen of the New York Department of Agriculture and
Markets; Gail Christensen; Louise Calderwood of the Vermont Department of
Agriculture, Food and Markets; Carl Petersen of Agri-Mark; Mayo Cookson of
National Farmers Organization; Steve Watrous of Allied Federated Coops; Gabe
Moquin of the Connecticut Department of Agriculture; Bonnie Burr of the
Connecticut Farm Bureau; Brenda Mihaliak dairy farmer from Connecticut; Eric
Rasmussen of United States Department of Agriculture; Maggie Murphy from the
office of New York State Sen. Hoffman; Pat Green from Country Folks; Allen Hall
of the New Hampshire Farm Bureau.
III. Introduction of the new Executive Director:
Commissioner Schmidle said the Commission achieved a milestone with the
appointment of a new executive director, who was also the first. Commissioner
Schmidle made comments to the strength of the leadership. She also commented on
the communication from eight members of the New England delegation.
Commissioner Schmidle described Mr. Smith’s background.
Commissioner Schmidle said, “The Northeast Dairy Compact is the result
of and built on our combined strengths – the strengths of individual people and
the strengths of individual states – our strengths combine in ways that give us
opportunities that we would not have otherwise – or individually. And with Dan
Smith, we can build on these strengths.
“As the US Senators who recommended
Dan to use for his stability and reliability wrote us ‘We must operate at our
greatest potential – Dan brings critical knowledge and experience to the
Commission at a time when the Commission must be dependable and responsive’.
They concluded by saying ‘ensuring that the Compact Commission is operating at
its full potential is vital to its fate.’ They urged us to look to Dan to
provide this leadership for us.
“Dan’s involvement with the Northeast Dairy Compact dates back to 1988
when he was legislative counsel for the Vermont Legislature, counsel to Vermont
House and Senate Agriculture Committees; he also served as law clerk to the
Chief Justice of the Vermont Supreme Court and the Court’s chief law clerk. Dan
has a BA from Dartmouth, a law degree from the University of Wisconsin. He also
served as the first executive director of the Northeast Dairy Compact
Commission.”
Commissioner Howrigan said he agreed with Commissioner Schmidle and looks
forward to working with Mr. Smith and the effort to seek reauthorization next
year.
Commissioner Briggs welcomed Mr. Smith.
Commissioner Kassler said the search for a new executive director was thorough;
the candidate selected was the most outstanding and the result excellent.
Commissioner Hardy said that as part of the search committee the Commission
reviewed some outstanding applications and Mr. Smith’s selection reflects that.
Motion 8/2-1 by Ron Newman/Second by Powell
Cabot
Moved to approve the minutes
of July 12, 2000 as presented.
MOTION PASSED 6 TO 0
V. Consideration of Communications:
Commissioner
Schmidle said a letter was received from Richard Cassidy regarding the Organic
Cow case and a letter was received from Tim McCarthy, an applicant for the
position of executive director.
VI. Financial and
Budget Report: Month ending June 2000.
Commissioner Cabot
said the committee has not met. There will be a report at the next meeting.
VII. Reports
A. Chair’s Report:
Commissioner Schmidle introduced Carmen Ross who is the regulations
administrator and he described to the Commissioners the new pooling and billing
methodology and how it was derived and what the new improvements mean to
farmers and their cooperatives.
At the specific request of Commissioner Newman, consistent with the bylaws, Bob
Wellington asked about the auditing procedure as it regards the change in the
boundaries of the Federal Milk Market Order.
Mr. Ross said the Commission’s reports reflect the origin of the milk. Furthermore,
the producers and plants are field audited.
B. Executive Director’s Report:
Mr. Smith described
his perception of the status of the Northeast Dairy Compact and the Commission
and his philosophy for executing the job of executive director. He also
described his activities in the past two years.
Mr. Smith said the
lawyers for The Organic Cow have appealed and the situation is being reviewed.
Mr. Smith said the
escrowed funds from the New York State Dairy Foods case have been received and
will be put it into the next pool if possible.
C. Committee on Finance Report:
No report at this time.
D. Audit Committee:
Commissioner Howrigan said the auditors from Sullivan, Powers and Co. found
no fault with the Commission’s financial activities. The only error discovered
was the omission of the full list of New England states.
E. Bylaws
Committee:
No report at this time.
F: Committee on Regulations and Rulemaking:
No report at this time.
VIII. Old Business:
A. Bylaws Committee:
Commissioner Durrell said that in reviewing the minutes of July 12, 2000,
Commissioner Bettencourt made a motion to bring finality to this issue.
Commissioner Howrigan said that given the transition to a new executive
director, the issue ought to be put on hold at this time.
Commissioner Kassler asked if a vote was necessary.
Commissioner Schmidle said from the parliamentary standpoint it is sufficient
to leave it as it is.
Commissioner Healy agreed but added that a vote might be useful.
Commissioner Erb said one of the issues before the committee is there is
different interpretation of some job descriptions.
Moved that the bylaws and personnel manual be put on hold at this time until Dan Smith has an opportunity to get established.
1. Approval of
the Federal Milk Market Administrator’s bill:
Moved to pay the
Federal Milk Market Administrator’s Invoice for the May 2000 pool, audits
completed during June and supply costs.
2. Banking
Resolution:
Moved that the
bank is hereby designated as a depository of this association and that an
account (s) be opened and maintained, in the name of this association with the
bank, subject to the rules and regulations established from time to time by the
Bank. That the following, Daniel Smith and Powell Cabot, are authorized, on
behalf of this association, and in its name, to sign checks, receipts, wire
transfers or orders for the payment or withdrawal of funds deposited in said
account or deposited to the credit of the association in the bank, and the bank
is hereby authorized and directed to honor and pay any of said checks,
receipts, wire transfers or orders for payment or withdrawal of funds deposited
to the credit of the association who so signed. Further resolved, that the
foregoing resolution shall remain in full force and effect until written notice
of it’s amendment or rescission shall have been received by the bank and that
receipt of such shall not affect any action taken by the bank prior thereto.
B. Committee on Administration
Recommendations:
Motion 8/2-5 by Harold Howrigan on behalf of
the Committee on Administration
Moved that the Northeast Dairy Compact
Commission send its thanks and congratulations to Trish Lammott for her service
to the Compact and cheerful attitude.
MOTION PASSED 6 TO 0
Moved to appoint
Dan Smith to be legal counsel for the Northeast Dairy Compact Commission.
Amendment to
Motion 8/2-6 by Deb Erb/Second by Gordon Cook
Moved to amend the
motion to read “interim” legal counsel for the Northeast Dairy Compact
Commission.
Commissioner Erb said that a past concern was too heavy a workload for the executive director and that it would be wise to have separate counsel in the future.
Moved that the
Commission suspend the meetings in September and October.
Commissioner Ferris said she was concerned with postponing the next meeting
until November.
Commissioner Schmidle said this would give Mr. Smith time to restaff the office
and review the condition of the office.
Commissioner Cook suggested that the September meeting be cancelled and
provisionally schedule the October meeting with the understanding that it can
be cancelled if there is no need.
Commissioner
Schmidle said this is part of the employment agreement made with Mr. Smith.
Commissioner Bettencourt asked if the Commission must meet to pay important
bills.
Moved to adopt the
1999 audit report from Sullivan, Powers and Co. with a correction (to include,
in addition to those entities already named in the last paragraph of the
report, the full list of New England states as the sole entities authorized to
make use of the report.)
X. Opportunity for individual state comments.
Commissioner Healy said Doug Gillespie and Henry Gillette did a tremendous
job advocating for the Northeast Dairy Compact in the Massachusetts
legislature.
Commissioner Cook
commended the Massachusetts Commissioner of Agriculture (Commissioner Healy)
who worked above and beyond the call of duty.
Commissioner Dykstra asked about Linda Smith Dyer, chair of the Commission.
Commissioner
Schmidle said she has been in regular communication with Commissioner Dyer, who
said she is pleased with the hiring of Mr. Smith. Commissioner Schmidle also
said Commissioner Dyer feels positive about her recuperation.
Commissioner Durrell referred to the producer cost study and the need to
address it.
Mr. Smith said he
intends to visit each state delegation and asked them to prepare a list of
issues and concerns.
The meeting was
adjourned at 12:32 a.m.
Respectfully
submitted,
Mary Kelligrew
Kassler, Secretary