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January 2006 Meeting Minutes

PACD Executive Council
Ramada Inn, State College, PA
January 20, 2006

Call to Order (Cappucci)
PACD President Victor Cappucci called the meeting to order.

Roll Call (Hildenbrandt)
PACD Secretary George Hildenbrandt called the roll. There were 40 counties present, which represented a quorum.

PACD President Victor Cappucci introduced Sherisa Brammer, Parliamentarian for the meeting.

Minutes of the Preceding Meeting (Hildenbrandt)
PACD Secretary George Hildenbrandt presented the minutes from the July 27, 2005 PACD Executive Council Annual Meeting for review.

The following correction was made: On Page 3 of 7, under the report of PACD Legislative Committee "Steve Irvin" should be changed to "Steve Urban."

It was moved by Bob Ritchey (Cambria) and seconded by Don Bowser (Fayette) to accept the corrected minutes from the July 27, 2005 PACD Executive Council Annual Meeting. Motion carried.

Reports of Officers

President's Report (Cappucci)
PACD President Victor Cappucci thanked the district directors and staff, cooperating agency representatives, the PACD Executive Board and the PACD Staff for all of their support and hard work. He then presented the following report:

  • Victor attended the NACD NE Region Meeting in Teaneck New Jersey in early August, where he learned much about the scope of state associations.
  • He recruited chairs for the six newly organized PACD committees.
    Montgomery County.
  • He attended the North East Region Meeting at the Pike County Conservation District office.
  • On October 6, 2005, Victor chaired Act 217 committee, normally chaired by Larry Kehl.
  • On his behalf, Susan Marquart attended a dinner at the Governor's mansion honoring Mary Ruth Wagner and other conservation leaders.
  • Victor attended the North West Region Meeting in Jefferson County.
  • On October 10, he provided input at the Seeds of Change listening session on the new farm bill.
  • On October 13, he attended the North Central Region Meeting in Williamsport.
  • October 20, he attended a PA Municipal Authority Association meeting about nutrient trading.
  • On October 21, he attended the SCC Meeting in Harrisburg.
  • On October 24, he attended the South Central Region Meeting in Dauphin County.
  • On November 1, Victor attended a meeting of the PACD Executive Board in Harrisburg to appoint committee members.
  • He attended the PA Farm Bureau President's Luncheon in Hershey, PA on November 15, 2005.
  • He chaired the NACD/PACD planning meeting in Centre County on November 18, 2005.
  • He met with DEP and NRCS in Harrisburg to review funding for the PACD Engineering Assistance Program on December 14, 2005.
  • Victor met with engineers from the PACD Engineering Assistance Program on December 10, 2005 in Penn State to review needs and accomplishments.

Susan Marquart announced that the planning committee for the NACD NE Region Meeting and PACD/SCC Joint Annual Conference in July is looking to raise at least $15,000 in sponsorships for the meeting. The committee is also looking for donations of food items for hospitality, small give-away items for welcome packets, and items for the Silent Auction. Information will be going out to the districts and to a list of organizations and companies that might be interested in sponsoring the meeting. Susan asked that anyone with leads on businesses or organizations that might be interested in sponsoring the meeting please forward these to the PACD office.

NACD Director's Report (Sueck)
NACD Director Patricia Sueck presented the following highlights from her written report.

  • The NACD North East Region work plan is in progress, which will set goals and priorities for the North East Region.
  • Brief surveys were mailed to every district. Hopefully districts have completed and returned the surveys. The North East region wants to pool resources so that the region can speak to it's legislators with one voice.
  • Pat urged districts to order and take advantage of the NACD stewardship materials. The theme for this year is "Water Wise." Stewardship Week is April 30 to May 7, 2006.
  • The NACD Legislative Conference is scheduled for March 26 to 29, 2006 in Washington, DC. Pat urged districts to attend.
  • NACD has a fund to benefit the victims of Hurricane Katrina. One hundred percent of these funds will be distributed among the presidents of the three states most affected by the hurricane. The fund has a current balance of approximately $22,000 and continues to grow.

Susan Marquart noted that she will be sure to continue to forward Pat's reports to the District Managers and Directors listserves.

Executive Director's Report (Marquart)
PACD Executive Director Susan Fox Marquart introduced the new PACD Government Relations/Policy Specialist, Brenda Shambaugh, who will be assisting with important policy and government relations issues on the hill and elsewhere. She then thanked everyone for coming to Executive Council and presented highlights from her written report.

  • Susan and Brenda have been focusing on budget requests to get more money for districts.
  • They are also working on nutrient trading, and will be communicating with districts to find out what role districts would like to play related to nutrient trading.
  • PACD is organizing a new PACD Capitol Day on March 13, 2006, where we will have a legislative luncheon. Each state legislator has been invited to the luncheon. Attendees will be seated with legislators by county.

Treasurer's Report (Duvall)
PACD Treasurer Porter Duvall presented the Treasurer's Report for the period of July 1, 2005 to December 31, 2005.

It was moved by Porter Duvall (Jefferson) and seconded by Harold Kulp (Chester) to accept the Treasurer's Report for the period of July 1, 2005 to December 31, 2005. Motion carried.

Presentation of 2004-2005 PACD Audit (Tammy Specht, Specht & Company)
PACD Auditor Tammy Specht of Specht & Company presented the PACD audited financial statements for the period of July 1, 2004 to June 30, 2005.

Reports of Committees:

PACD Education and Outreach Committee Report
PACD Education and Outreach Committee Chair Heather Knupsky presented the report for the committee.

During their meeting on January 19, 2006, the committee:

  • Developed fourteen new policy positions and submitted them to the Operations Committee to go to Executive Council.
  • Discussed marketing tools.
  • Discussed dedicated funding for Environmental Education coordinators and Watershed Specialists.
  • Made plans to inventory current tools and to ask NACD to present any marketing tools they might have for districts during the committee's next meeting in July.

PACD Legislative Committee Report
PACD Legislative Committee Chair Larry Kehl presented the report for the committee.

During their meeting on January 19, 2006, the committee:

  • Was introduced to new PACD Government Relations/ Policy Specialist, Brenda Shambaugh.
  • Received an update on PACD Capitol Day on March 13, 2006.
  • Reviewed and forwarded a Draft Position Paper on Act 217 to the Operations Committee to go to Executive Council.
  • Reviewed new draft policy positions and passed selected policies on to the Operations Committee to go to Executive Council.
  • Received a state legislative update and a federal legislative update.
  • Received a briefing on the current legislative environment from Brenda Shambaugh. Larry asked Brenda to give a brief recap, which follows:
    • Pennsylvania is in the middle of a two year legislative session. If we want to move forward with the legislature on amending Act 217, the time is now. If PACD moves on Act 217 recommendations now, we will have a year to work on it with the legislature, whereas if we wait until July, we will have very few legislative days to work with the legislature. In addition, many advocates for Pennsylvania agriculture in the legislature are not running for re-election. If we wait, we will likely not have the strong support we have now in the legislature. Currently, legislators are looking to back positive legislation such as this, legislation that will reflect well on them. The window of opportunity to move on Act 217 is this spring. If we do not take advantage of this opportunity now, we will probably not have the opportunity later.

PACD Conservation Committee Report
PACD Conservation Committee Chair Bob Ritchey presented the report for the committee.

During their meeting on January 18, 2006, the committee:

  • Reviewed existing policy statements that will go to Operations and Executive Council in July.
  • Moved some new policy statements on to the operations committee.
  • Discussed and moved on the Pennsylvania Farmer Package policy statement.
  • Discussed and moved on the Manure Hauler Regulation policy statement.
  • Discussed and moved on the Nutrient and Sediment Trading policy statement.
  • Discussed and tabled the Stormwater Act policy statement.
  • Discussed and moved on writing a letter to the No-Till Alliance indicating support for No-Till practices.

PACD Ways and Means Committee Report
PACD Ways and Means Committee Chair Porter Duvall presented the report for the committee.

During their meeting on January 18, 2006, the committee:

  • Created an Endowment Fund sub-committee chaired by Sam Worley from Franklin Conservation District. The recommendations and language will be reviewed by the attorneys and will then go to the Executive Board.
  • On behalf of Sam Worley, Chair of the Endowment Fund subcommittee, Porter asked that the districts consider making a contribution to the PACD Endowment Fund on behalf of or in honor of any director that has passed away or left the district.
  • Discussed fundraising, including how to use Act 217 to raise more funds for the districts.
  • Discussed and set some priorities: pay off mortgage on PACD headquarters, increase non-restricted funds, increase principal amounts, solicit grants to reduce PACD meeting expenses. These priorities will be forwarded to the PACD Executive Board.
  • Discussed dues. PACD would like the PACD Region Directors to help market PACD to those counties who are unable or unwilling to pay PACD dues.

PACD District Employees Committee Report
PACD District Employees Committee Chair Don McNutt presented the report.

During their meeting on January 19, 2006, the committee:

  • Reviewed PACD policies related to District Employees;
  • Received a report from training subcommittee;
  • Discussed Certified Professional in Erosion and Sediment Control (CPESC) training;
  • Discussed the NACDE Representative and NACDE dues;
  • Discussed Hurricane Katrina Relief;
  • Discussed Chapter 102 and 105 Training; and
  • Discussed the District Employees Committee Listserve.

Don noted that the District Employees Committee is seeking a Pennsylvania representative to the Northeast Association of Conservation District Employees.

PACD Operations Committee Report
PACD Operations Committee Chair Irvil Kear presented the report.

During their meeting on January 19, 2006, the committee:

  • Received a July 2006 meeting planning update;
  • Reviewed and updated old PACD policies;
  • Reviewed resolutions from the PACD Executive Board;
  • Reviewed changes to the PACD Articles of Incorporation ;
  • Reviewed a Leadership Development LOU;
  • Reviewed changes to the PACD Awards Program; and
  • Addressed resolutions from other PACD Committees.

Irvil noted that a number of items were forwarded to the PACD Executive Council for approval, and these items will be addressed under New Business.

Old and Unfinished Business
No old or unfinished business was presented.

New Business

Motions and Resolutions

Resolutions from PACD Executive Board

  • Resolution to amend the PACD Articles of Incorporation.

    Susan explained that the proposed statement is already a part of the PACD Bylaws. New regulations require that this statement also be a part of the PACD Articles of Incorporation. The Executive Board has reviewed the amendment and has forwarded it to the Executive Council for adoption as a part of the PACD Articles of Incorporation. The language was mailed to each voting delegate prior to the meeting.

    RESOLVED, that the Articles of Incorporation of Pennsylvania Association of Conservation Districts, Inc. shall be amended by adding the following provision (the "Amendment"):

    In the event of the dissolution of the corporation, any assets remaining after payment, satisfaction, and discharge of any existing liabilities or obligations, and after lawful provisions for the administration and disposition of any property held in trust by or for the corporation, and after all other acts required to adjust and finalize its business and affairs have been done, shall be collected and distributed in equal amounts to each of the Conservation Districts that, at the time that the formal action to dissolve this corporation is taken, are in good standing. Provided, that no such distribution shall be made to any Conservation District if such distribution would be contrary to the laws, rules and regulations governing distributions made by organizations such as the corporation that have tax-exempt status under then prevailing federal tax laws; and provided further that if no Conservation District is eligible to receive a distribution in accordance with the foregoing criteria, the assets shall be distributed entirely to or among one or more organizations devoted exclusively to educational or scientific purposes and exempt from federal taxation. No private member shall have any right, title or interest to any remaining assets of the corporation, and no distribution of assets shall go to any organization any part of whose net earnings inure to the benefit of any private member or shareholder.

    RESOLVED, FURTHER, that the proposed Amendment shall be submitted to a vote of the members of this corporation entitled to vote thereon, the recommendation of the Executive Board being that the members approve the Amendment.

    RESOLVED, FURTHER, that assuming membership approval is given, Articles of Amendment shall be prepared, signed and filed with the Corporation Bureau of the Pennsylvania Department of State.

    RESOLVED, FURTHER, that the officers and other representatives of the corporation are hereby authorized and directed to take all actions they deem necessary or appropriate to effect the Amendment, including the signing and filing of Articles of Amendment as provided above.

The resolution to amend the PACD Articles of Incorporation to include the presented statement of dissolution was put to the vote. Motion carried.

  • Changes to PACD Awards Program

    The PACD Executive Board presented an analysis of the PACD Awards Program and Poster Contest to the Executive Council.

    It was proposed by Ron Rohall (Westmoreland) and seconded by Jack Tressler (Somerset) to amend the proposal to say that counties who wish to continue the poster contest on a local level can do so. PACD will facilitate the transfer of those posters for judging at the national level. Motion carried.

    It was moved by Malcolm Crooks (Bucks) and seconded by David Collura (Allegheny) to amend the program to include a Legislator of the Year award. Nominations will come from the conservation districts to be judged by the Executive Board. Motion carried.

    The amended motion was put to the vote. Motion carried.

  • Leadership Development Letter of Understanding

    It was moved by LeRoy Gross (Erie) and seconded by Jack Tressler (Somerset) to accept the Building for Tomorrow Leadership Development Committee Letter of Understanding, with the addition of the paragraph stating "The PACD Executive Board will appoint the PACD representative to the Building for Tomorrow Leadership Development Committee. PACD recommends that the State Conservation Commission be asked to appoint the other four conservation district representatives (two District Directors and two district staff)." Motion carried.

Resolutions from District Employees Committee

Irvil Kear presented the resolutions from the District Employees committee. The resolutions were put to the vote. Motion carried.

  • Competitive Wage and Benefits Policy Statement

    PACD recommends that Conservation Districts offer a competitive wage and benefits package in order to obtain and retain quality employees.

  • Conservation Planning Certification

    The District Employees Committee supports the efforts of PACD to encourage a curriculum for conservation planning certification for district staff.

Resolutions from PACD Legislative Committee

Irvil Kear presented the resolutions from the Legislative committee. The resolutions were put to the vote. Motion carried.

  • Act 217 Policy Statement

    PACD proposes amendments to Act 217 and will work with the PA General Assembly with the guidance of our Position Paper "Conservation District Law" to preserve and strengthen the conservation district system. The goal is to streamline the processes that districts use to develop and administer local, state and federal programs.

    PACD recommends enhancing the necessary structure of the SCC to include consistent leadership, expanded membership, and a more formal assignment of necessary staff from the associated state departments.

    Finally, PACD supports a special non-lapsing fund for conservation district support. This fund should allow for future changes in funding and programs and provide a framework for utilization of any dedicated funding should that become available.

  • Prevailing Wage Policy Statement

    PACD supports an increase in the threshold of the prevailing wage law. Because of the limited amount of funding available for conservation projects on farms, this increase will allow districts to work more effectively with the agricultural community.

Resolutions from the PACD Conservation Committee

Irvil Kear presented the resolutions from the PACD Conservation Committee. The resolutions were put to the vote. Motion carried.

  • Preserving the Pennsylvania Farmer Package Policy

    PACD supports portions of the Preserving the Pennsylvania Farmer package that have a positive impact on programs relating to conservation districts. Specifically, we support a program that would take new revenue generated from the dedicated funding proposed from the realty transfer tax and direct that those funds be returned to the counties in which they originated to be used for farmland preservation and open space preservation. We believe that funds should be available for the administration of farmland protection programs, including conservation planning and inspections. We also support legislation that would permit private non-profit entities to join the Commonwealth in preserving agricultural lands, meaning new funding could be made available and a combination of public/private monies can be leveraged to preserve more farmland. Finally, we encourage the creation of a Board or Council whose mission is to review and evaluate advancing technologies for alternate manure uses.

  • Manure Hauler Regulation Policy

    PACD supports the Manure Hauler and Broker Certification process. While we support the testing procedures, we are concerned about the costs involved in administering the program. Districts need to be adequately compensated for their responsibilities in this endeavor.

  • Nutrient and Sediment Trading Policy Statement

    PACD supports the general concept of nutrient and sediment trading to achieve environmental benefits. Conservation Districts are interested in assisting DEP and other interested parties to determine the criteria and regulations governing the trading program with the understanding that conservation districts will be compensated for their time and efforts throughout the process.

    Because of the complexity of this new idea to improve the environment, we suggest that DEP consider conducting a pilot program with PACD assistance to demonstrate the positive benefits of nutrient and sediment trading. A pilot approach will help to identify strengths and weaknesses of the program and address specific issues that may arise as the pilot is conducted. In addition, a pilot project will help to identify the role that conservation districts can play in the nutrient and sediment trading process.

  • No-Till

    That PACD write a letter to the No-Till Alliance indicating support for No-Till practices.

Resolutions from the Education and Outreach Committee

Irvil Kear presented the recommended policy statements from the Education and Outreach Committee to the Executive Council. The motion was put to the vote. Motion carried.

  • PACD Policies

    Funding
    1. PACD seeks funding for educational grant programs to support conservation districts;
    2. PACD supports increased funding for the conservation district track of the DEP EE Grants Program;
    3. PACD supports dedicated funding for Watershed Specialists and Environmental Education Coordinators.

    Education and Training
    4. PACD supports the use of conservation education tools and the development of Pennsylvania-specific materials that target both youth and adult audiences;
    5. PACD supports educational workshops and other training opportunities for conservation districts.

    Marketing and Communications
    6. PACD supports activities that expand the public's understanding of local conservation districts;
    7. PACD maintains an educational website for conservation districts;
    8. PACD supports conservation district networking through listserves;
    9. PACD recognizes conservation district directors, associate directors and/or staff whose efforts have furthered the activities and accomplishments of conservation districts on a statewide basis.

    Relationships
    10. PACD maintains a current MOU with the PA Department of Education;
    11. PACD maintains a current MOU with the PA State Envirothon;
    12. PACD remains active on the Pennsylvania Center for Environmental Education's Executive Board; and
    13. PACD remains active on the Pennsylvania Environmental Education Advisory Board;
    14. PACD supports fostering partnerships to achieve common goals.

Resolutions from the Operations Committee

Irvil Kear presented the resolutions from the Operations Committee. The resolutions were put to the vote. Motion carried.

  • PACD Policies

    To strike the following existing PACD policy: PACD encourages conservation district nominating organizations to consider minority and female candidates for vacant director positions.

    To strike the following existing PACD policy: All sectors of society are encouraged to serve on district governing boards, because all people share in the responsibilities and benefits of resource conservation.

    To change the PACD policy: "We support the creation of a conservation district in Philadelphia County." to read "We support the creation of a conservation district in Philadelphia."

    To strike the following existing PACD policy: Be it resolved that the State Conservation Commission allow additional deadline extensions for conservation audits if the conservation district is part of the county's single audit and the audit will not be completed by December 31, and that in addition to the recent SCC audit requirements for a GAS audit by a CPA that the SCC accept a county's single audit as fulfilling the SCC audit requirements. (2000)

    To adopt the following policy: PACD encourages districts and counties to submit the required annual audits by the established deadlines of the State Conservation Commission.

    To adopt the following position statement: We support the continuation of an annual memorial service to honor deceased members of the Pennsylvania conservation district community.

    To strike the following existing policy: Conservation districts are urged to participate annually in the Conservation Awards Program sponsored by the Goodyear Tire and Rubber Company.

State Conservation Commission Report (Karl Brown)
Due to responsibilities elsewhere, SCC Executive Secretary Karl Brown was not available to present his report.

NRCS Report (Tom Matticks)
Tom Matticks with NRCS presented the following report on behalf of Robin Heard.

  • As part of the federal budget, funding for the Farmland Preservation Program was significantly cut. For the Conservation Security Program, the Shenango and French Creek watersheds are eligible for sign-up this year. The sign-up periods have not yet been announced.
  • In the Pennsylvania budget, funding for technical assistance is similar to last year. Every other NRCS program, with the exception of EQIP, had major reductions. Many of these programs provided financial assistance to producers in Pennsylvania.
  • Tom noted that, due to funding reductions, NRCS in Pennsylvania is looking at a budget deficit and will therefore be dealing with staff vacancies on a case by case basis.
  • Tom announced that Martha Joseph from national headquarters will now be serving on the state staff, dealing with reserve programs.

PACD Auxiliary Report (Sharon Sweitzer)
PACD Auxiliary President Sharon Sweitzer presented the following report:

  • At their January 19, 2006, meeting the Auxiliary discussed the Auxiliary budget and plans for the NACD NE Region Meeting and 59th PACD/SCC Joint Annual Conference in July, including the Memorial Breakfast and activities for Auxiliary and accompanying persons.
  • The quilt raffle met the goal of $1500 for the Auxiliary Scholarship Fund. The Scholarship Fund program will continue, and the Auxiliary is discussing two new projects to fund the scholarship.
  • Sharon noted that she has been serving as the Auxiliary representative on the planning committee for July's meeting.
  • Auxiliary members will be traveling to the NACD National Meeting in Houston, TX, where they will be assisting with the National Quilt project and country store.

There was a suggestion from the floor that PACD should look into developing an LOU with the PA Turnpike Commission.

Adjournment
The meeting was adjourned at 12:06 pm.

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