March 2004 Meeting Minutes

PACD Executive Council
Crowne Plaza Harrisburg, PA
March 10, 2004

Welcome (Miller)
PACD President Jarrett Miller welcomed everyone to the meeting.

Roll Call (Miller)
PACD President Jarrett Miller called the roll and found a quorum.

Anthony Wagner (Bedford) offered the following as a point of information:

Bedford County requests a numerical count of the individual counties' Conservation District designated Executive Council Delegates present at this meeting and eligible to vote, that it be announced and recorded. In addition, since there is an apparent interpretation of the Association's bylaws by the Executive Director that there could be some additional eligible votes here today, Bedford also requests that a separate numerical count of these possible additional votes be announced and recorded.

Jarrett Miller announced the following counties in alphabetical order:

Harold Kulp (Chester), Kenneth Meck (Lancaster) and Barbara Wiand (Union) were also in attendance and were added to the list, for a total of 35 voting delegates present.

Minutes of October 30, 2003 (Hildenbrandt)
PACD Secretary George Hildenbrandt presented the minutes from the last meeting and called for any additions or corrections. None were presented.

It was moved by Hildenbrandt (Centre) and seconded by Mankamyer (Somerset) that the minutes be accepted as presented. Motion passed.

President's Report (Miller)
PACD President Jarrett Miller presented the following report on his activities since the last Executive Council meeting:

• Jarrett represented PACD in November at the Ohio River Basin Initiative in Cincinnati.
• In December, he attended strategic planning sessions in Harrisburg.
• Jarrett also went to Harrisburg in January and, along with PACD Executive Director Susan Marquart, accepted the first Partners in Progress award from the PA Department of Agriculture on behalf of PACD.
• In February, Jarrett represented PACD at the NACD national meeting in Hawaii.
• Jarrett thanked all of the counties who sent contributions to the building fund since the last Executive Council Meeting.
• Jarrett also thanked Sam Worley and the PACD Endowment Fund Committee for their hard work. Jarrett mentioned that the last issue of the PACD newsletter News and Notes included Endowment Fund Envelopes. He also stated that he already received two Endowment Fund Envelopes with donations from attendees at the meeting. On behalf of Sam Worley, PACD Endowment Fund Committee Chair, Jarrett noted that a few individuals were unable to attend the meeting due to ill health, and said that if anyone wanted to make a donation to the Endowment Fund in their honor, PACD would recognize that contribution with a note to the honoree, as well as to the donor.
• Jarrett thanked the PACD staff for their dedication and hard work, and thanked Joanne Nardone with the PA Department of Environmental Protection for running the very well-attended New Director Orientation session on Monday afternoon (March 8, 2004).
• Jarrett then appointed the Nominating Committee for the upcoming PACD Executive Board election in July. He encouraged anyone with an interest in becoming an officer of the Association to give a letter to the Nominating Committee Chairman for the committee's consideration. The committee was announced as follows:

• Chairman: Ron Rohall, Westmoreland County
• Robert Wagner, Lancaster County
• Dr. Irvil Kear, Schuylkill County

• On behalf of PA Envirothon Coordinator Lorelle Steach, Jarrett announced that this year is the 20th anniversary of the Envirothon, which will be held May 24th and 25th at the University of Pittsburgh Johnstown Campus in Cambria county. Lorelle is looking for 100 volunteers to help with the Envirothon. These volunteer positions include: ten judges, a team of room coordinators for the Envirothon teams, monitors for presentations, eighteen station judges, five score runners, and seven people to assist with lunch and snack prep. A payment of $40 will cover room, Monday dinner and Tuesday breakfast. Jarrett asked those present to consider volunteering for the Envirothon, and urged everyone to bring this information back to their counties and to pass this information on to their district board and staff. He provided the following address for the Envirothon for those interested in participating:

Pennsylvania Envirothon
702 West Pitt Street, Suite 3
Bedford, PA 15522

Jarrett noted that the Envirothon Committee is also accepting donations to Friends of the Envirothon in amounts ranging from $10 to $1,000.

Executive Director's Report (Marquart)
PACD Executive Director Susan Marquart went through her written report on her activities, and those of the PACD staff, since the last PACD meeting in October.

NACD Report (Miller)
PACD President Jarrett Miller presented the NACD report for NACD Director Pat Sueck, who was unable to attend the meeting:

• Pat, Ron Rohall from Westmoreland County, and Jarrett all represented PACD at the NACD meeting in Hawaii. Jarrett noted that Pat serves as Chair of the NACD Education Committee and Ron Rohall serves on the NACD Legislative Committee. Jarrett also reported that the NACD Executive Board met all day on Sunday, Tuesday and Wednesday at the national NACD meeting, and approved the NACD budget for the coming fiscal year.
• In response to a recent inquiry regarding NACD financial accounting, Jarrett reported that NACD records and reports salary information in the same way that PACD currently records and reports this information. The NACD Executive Board sees the specifics of employee wages and benefits, but for reporting purposes this information is recorded in a lump sum. The only people who see individual salaries and benefits are NACD officers.
• Jarrett remarked that there were a number of excellent keynote speakers at the NACD national meeting. Representatives from the Westmoreland Conservation District were present at the meeting, and made an excellent presentation. Jarrett expressed pride to see a Pennsylvania county involved at such a level.
• Also at the national meeting, PACD received the Top Ten Award for dues to NACD. Fifty-three Pennsylvania districts participated financially with NACD. Nine Pennsylvania counties have a perfect dues history with NACD. The closest state to our record is West Virginia, who has 100 percent membership and dues payment. Jarrett expressed hope that we will have an even better showing of support for NACD next year.
• Jarrett said that he had the opportunity to meet with the new CEO for NACD, Krysta Harden, at the NACD meeting. In addition, Jarrett and PACD Executive Director Susan Marquart were recently able to meet with Krysta on the phone. Jarrett said that Krysta has solid history on capitol hill and will provide strong leadership for NACD.
• Jarrett announced that the NACD Northeast Regional Meeting will be held August 1 - 4, 2004 at the Radisson Wyndham Hotel at Lake Champlain in Burlington, Vermont. The NACD meeting for 2005 will be held next February in Atlanta, Georgia.

Treasurer's Report (Duvall)
PACD Treasurer Porter Duvall presented a written report on the budget.

It was moved by Bowser (Fayette) and seconded by Lohin (Schuylkill) that the report be filed for audit. Motion carried.

Preliminary 2004 - 2005 PACD Budget
PACD Treasurer Porter Duvall presented the proposed budget, and noted some definitions to help in reviewing the proposal:

• Non-restricted income is non-grant money that the organization can use however it sees fit. There are no restrictions or limitations stipulating how this money may be spent.
• Semi-restricted income is grant money to be used for overhead. This money is used for wages, housing costs for the organization, office supplies, administration, etc., but there are stipulations as to how this money can be spent.
• Restricted income is pass-through money. This is grant money that comes to PACD to be distributed to other recipients. (For example, CREP cost share money, which passes through the PACD office on it's way to producers.)

PACD First Vice President Victor Cappucci pointed out that PACD has submitted grant applications for the TAG program. However, as the grants are not yet approved, the income from these grants is not included in the budget. Victor said that once the grants are approved, that income will be reflected in the budget.

Question from the floor: The dues increase is not approved yet, either, but those monies are included in the budget. Why include those funds, but not the TAG funds? Response: Porter responded that the PACD Executive Board included funds from the proposed dues increase in the budget because the power to approve those funds lies with the Executive Council. The power to approve funding for the TAG grant is with another agency.

2004 - 2005 Conservation District Dues
PACD Treasurer Porter Duvall presented a written copy of the proposed district dues. Porter noted that the county classifications are based on population and are not determined by PACD. He also noted that the majority of districts are looking at an increase of around $300 or less per year.

Question from the floor: Is it true that Philadelphia does not have a conservation district and therefore does not pay dues, and if that is so, does the total reflect this? Response: Porter responded that that is correct, and that amount is not included in the total.

Discussion began regarding a pending motion that was passed at the District Operations Committee meeting the night before (March 09, 2004). This resolution requested full financial disclosure on behalf of PACD, including individual employee salary and benefits information. Discussion was postponed pending the upcoming report from the District Operations Committee.

Porter turned over the floor to PACD President Jarrett Miller. Jarrett reminded those present that the proposed budget does not go to the vote until the annual meeting of the PACD Executive Council in July. The budget was provided so that districts would have time to review it prior to that meeting. If the proposed dues increase fails at the current meeting, the proposed budget will become null and void and a new budget proposal will be required. If the proposed dues increase passes at this meeting, the proposed budget will stand and will go to the vote in July.

Question from the floor: Is this a bylaw change? Response: Jarrett responded that it is not a bylaw change.

Question from the floor: When would increased dues be payable? Response: PACD Executive Director Susan Marquart responded that the increase would be payable during the period between July 2004 and June 2005.

Question from the floor: Can PACD send an updated copy of the budget to the districts one month prior to the July meeting, if there are updates at that time? Response: Jarrett responded that PACD will do this.

Question from the floor: Can the vote on the dues increase be postponed until the July meeting? Response: Jarrett responded that the Council cannot vote on both the dues increase and the proposed budget at the July meeting.

It was moved by Wolf (Cumberland) and seconded by Rohall (Westmoreland) to wait to vote on the dues increase until the report from the District Operations Committee. Motion carried.

Report of District Operations Committee (Cappucci)
Victor Cappucci, Chair of the District Operations Committee and PACD First Vice President, presented the following report from the District Operations Committee:

• Resolution from the PACD Soil and Water Committee:

To draft a letter to Secretary McGinty, via PACD, with a copy to the Pennsylvania State Association of Township Supervisors (PSATS) and the Governor's Office, on handling stormwater management violation issues associated with development, in relation to Act 167.

Question from the floor: What issues led up to this resolution? Response: (Provided by Larry Martick, District Manager for Adams Conservation District, who was present at the Soil and Water Committee meeting) Discussion leading up to this resolution addressed the significance and importance of Act 167, the Stormwater Management Act. Concerns were expressed as to the lack of support by the department in terms of resources allocated for staffing and funding, as well as lack of enforcement by DEP, and lack of enforcement from a municipal standpoint.

Comment from the floor: The letter as described does not address the issue of resources. Whoever drafts the letter should make certain that the letter also addresses the issue of providing adequate resources to carry out the program.

It was moved by Rohall (Westmoreland) and seconded by Eisenhart (Wayne) to accept the resolution. Motion passed.

• Resolution from the PACD District Employees Committee:

This amendment will modify the language of the By-Laws of PACD, Section 2 - Executive Council:

The original language is as follows:

There shall be an Executive Council composed of one voting member from each legally organized conservation district. Each officer of the Association and the outgoing President shall be automatically a voting member of the Executive Council.

The original language is to be amended as follows:

There shall be an Executive Council composed of one voting member from each legally organized conservation district. Each legally organized conservation district is entitled to one vote in the Executive Council. Each officer of the Association and the outgoing President are entitled to vote on behalf of their own county's conservation district, but are limited to one vote only for each district.

Question from the floor: If this resolution passed, would it change the requirement for a quorum as determined by the PACD bylaws? Response: PACD President Jarrett Miller responded that the requirement for a quorum is stated in the PACD bylaws as a percentage of the total membership. This resolution would not affect that portion of the bylaws.

It was moved by Cappucci (Wyoming) and seconded by Wagner (Bedford) to accept the resolution. Motion carried.

Victor noted that, as a change to the PACD Bylaws, the motion will go to the final vote at the PACD Executive Council meeting in July of 2004. Jarrett Miller stated that the motion will be put into print and mailed to districts for their review prior to the July meeting.

Question from the floor: How can districts receive a copy of the bylaws as they stand? Response: Victor Cappucci responded that the bylaws are freely available on the PACD website (www.pacd.org).

• Resolution from the PACD Finance Committee:

Beginning March 2004, and from this time forward, all personnel expenditures for employees of PACD, including all individual employee's salaries and benefits packages, shall be reported in full detail, verbally and in written form, on an annual basis at the regular meeting of the Executive Council of PACD.

It was moved by Wagner (Bedford) and seconded by Ritchey (Cambria) to accept the motion.

Porter Duvall informed the Council that the estimated cost of implementing this resolution is between $2000 and $3000, in addition to diverting a significant amount of staff time from other projects. PACD Executive Director Susan Marquart explained that the cost and the increase in dedicated staff time are due to the extra accounting work the measure would entail. The Association's accounting system is designed around the grant reporting system required by DEP and other government agencies. Because of these reporting requirements, wages and benefits are calculated hourly by project, and are not calculated and tracked by employee. It would be a significant increase in workload and complexity to have to track employee benefits both by employee and hourly by project.

Russell Hummel (Snyder) announced that, having served on a number of executive committees throughout the years, he has confidence in management and the executive committee and does not think that this information should be divulged to individual members.

PACD First Vice President Victor Cappucci announced that PACD has an amendment to the motion that is designed to simplify the process for the Association and still give the interested districts what they are asking for. PACD Treasurer Porter Duvall read the amendment as follows:

In the interest of providing county conservation districts with complete information regarding the association's financial management, and in the interest of minimizing administrative costs:

1. On an annual basis, PACD will provide to all county conservation districts, in good standing, one copy of the PACD annual audit report.

2. In addition, on an annual basis, or upon receipt of a written request from the district chair, PACD will provide to a county conservation district, in good standing, one copy of the Federal 990 form at no cost.

It was moved by Duvall (Jefferson) and seconded by Mankamyer (Somerset) to so amend the original motion by Wagner (Bedford) and Ritchey (Cambria). Motion passed.

Discussion: The 990 Form does not require information for all PACD employees. If PACD is willing to include all PACD employees on the 990 Form, that would satisfy the intent of the original motion.

It was moved by Wagner (Bedford) and seconded by Ritchey (Cambria) to add a second amendment to the motion:

3. The 990 form should be modified to include all PACD employees, and not a select set.

It was moved by Duvall (Jefferson) and seconded by Sagar (Columbia) to table the motion. Motion passed.

• Resolution from the PACD Legislation Committee.

That PACD supports the Governor's Quality of Life Initiative.

It was moved by Mankamyer (Somerset) and seconded by Rohall (Westmoreland) to accept the motion. Motion passed.

SCC Report (Karl Brown)
A written report was provided.

Report from PACD Auxiliary (Luetta Gross)
PACD Auxiliary President Luetta Gross presented the report from the PACD Auxiliary.

• The Auxiliary had a good meeting yesterday (March 9, 2004) and discussed plans for the July meeting and other upcoming activities.
• Luetta attended the NACD meeting in Hawaii, where she had the opportunity to meet with Auxiliaries from across the country.
• Upcoming fundraisers include a bake sale, as well as the Sign Language Workshop in July. For the Sign Language Workshop in July, the Auxiliary is asking for $5 for Auxiliary members and $15 for all other attendees, all of which will go to benefit the Auxiliary Scholarship Fund.
• Luetta announced that this year's Memorial Breakfast in July will be a celebration of the lives of those who have passed away over the past year. The Auxiliary will be planning the Breakfast with Westmoreland county. Luetta asked districts who will be remembering someone at the breakfast to please designate someone from the district to place the flower on the map during the ceremony.
• Luetta also asked districts for their help in getting the word out about the Auxiliary scholarship program. The Auxiliary would like to see more applications coming in.
• Luetta also announced that the Auxiliary will be presenting a new award at the Awards Luncheon in July. The Golden Apple Award will be presented to the District that buys and distributes the most educational materials for Soil and Water Stewardship Week. Luetta stressed that there is no application form. To be eligible for the award, Luetta asked that districts please e-mail LeRoy Gross with Erie Conservation District by June 1, 2004 with information on what they are doing to distribute these educational materials for Soil and Water Stewardship Week.

NRCS Report (Robin Heard)
Robin Heard presented the report for NRCS.

• Robin announced that Gus Jordan is the new Deputy for Pennsylvania and thanked everyone for the hospitality he has received so far.
• NRCS received earmarks for a number of watershed projects in the budget for the fiscal year 2004, including Indian Creek, Tulpehocken Creek, Red and White Clay, and Neshaminy. Also, for Brandywine and Bentley they received money to continue planning and supplemental planning.
• There will be an increase in the amount of money spent on Technical Service Providers, as NRCS received double last year's funding goal this fiscal year. Some of this will go to the private sector, a fair amount will be focused on the agreement with the Game Commission for CREP personnel, and some will go to agreements with districts. Robin said that they have had more requests from districts than they have money to fulfill, so they will have to fulfill those requests based on need.
• Regarding competitive sourcing, hopefully the study regarding Civil Engineering Technicians will be complete by September.
• The comment period for the Conservation Security Program is over, and between 10 and 13 thousand comments came in. NRCS will be evaluating these comments and will be reviewing and modifying the rule. This may take some time, as the program was capped at a specific dollar amount, but the cap has been removed for future years. It is difficult to write a rule to cover both situations.
• NRCS is very busy with the CREP program, with the expansion into the Chesapeake Bay. The Ohio Basin CREP, which is an additional 65,000 acres, will probably be signed by the end of March or April.
• Three RC&D coordinators retired this year: Ron Donlan, Harvey Pinkerton and Nevin Ullery. David Steele (Southern Alleghenies RC&D), Wes Ramsey (Penn Soil RC&D), and Bobbi Bailey (Penn's Corner RC&D) have replaced these three individuals.
• NRCS has a new reporting system, which will extract progress information from the customer service tool kit. They are also implementing ProTracts which will help manage contracts under increased farm bill workload.
• The first cutoff for EQIP has been reached. Applications will be ranked, monies will be allocated, and another sign up period will follow. Cut off dates for AMA, WHIP and other programs will also follow.
• The President's budget for 2005 is out. Farm Bill programs will be maintained at a level budget, including Technical Service Providers. The Conservation Technical Assistance account, which is used for conservation planning for the Farm Bill program, as well as to carry out state and local initiatives, was cut by 800 staff years nationwide, which will have a significant impact. Overall, the cut to NRCS staff years is about 2000 staff years nationwide, which is a significant cut. The watershed program PL566 also took a significant cut.

Announcements and Adjournment
Jarrett announced the PACD award winners:

Conservation Organization of the Year Award
Huntingdon Area Middle School Environmental Club/Frederic Wilson, Huntingdon County

Elected Official Recognition Award
Kate Harper, Montgomery County

Ann Rudd Saxman Conservation Award
Kim Edward Miller, Westmoreland County

Conservation Farmer of the Year Award
Harold & Helen Forrester/Forrester Farms LTD, Franklin County

Conservation Educator of the Year Award
Brian Campbell, Lehigh County

William Lange Urban Conservation Award
Berks Urban Greening, Berks County

Jarrett thanked the judges for volunteering to help with the Awards judging process.

PACD Administrative Assistant Molly Burns gave a summary of Joint Annual Conference activities for July. She asked districts to keep their eyes open for more information on the Joint Annual Conference, which will be coming to the districts via e-mail later in March.

Porter Duvall announced that PACD will be mailing information on a proposed fundraising project out to districts.

The meeting was adjourned.