October 2002 Meeting Minutes

PACD Executive Council Meeting
Thursday, October 31, 2002
Toftrees Resort, State College, PA

Welcome (Rohall)
PACD President Ron Rohall called the meeting to order at 1:23 pm.

Roll Call (Hildenbrandt)
PACD Secretary George Hildenbrandt called the roll. 24 Counties were present, which constituted a quorum.

Minutes of Last Meeting, July 23rd, 2002
PACD President Ron Rohall presented the minutes from the last meeting.

It was moved by Wanamaker (Lehigh) that the minutes from the last meeting be accepted. This was seconded by Dumm (Cambria). Motion carried.

President's Report (Rohall)
PACD President Ron Rohall reported that the months since the last Executive Council meeting have been busy.

• As PACD President and a director for Westmoreland county, Ron attended the PACD Southwest Regional Meeting.
  
• He has met with Christine Martin and others to address NPDES and stormwater management issues, and has attended other meetings in Harrisburg regarding changes. These meetings have proved very productive.
  
• He attended a Stormwater Video Conference at the DEP Southwest regional office.
  
• He and PACD Executive Director Susan Fox participated in the recent NRCS satellite conference for technical service providers.
  
• Ron attended the NACD Northeast Regional Meeting in Dover, DE. He reported that there was a strong showing of district managers and district directors from Pennsylvania. Topics addressed at the meeting include the Farm Bill and farmland preservation issues.
  
• As a member of the NACD forest resources committee, Ron attended their annual meeting in Idaho, which addressed fire issues and the working arrangement between the forest service and Conservation Districts.
  
• He has been serving as representative to the Department of Agriculture Committee for Agricultural Waste.
  
• Ron also attended an ethics training class in Harrisburg. This class provided good information that is applicable to district directors.
  
• Along with PACD Executive Director Susan Fox, Ron has been working on a number of legislative issues, the purchase of a new building, and some personnel issues, including the hiring of a new Education Specialist.
  
• The PACD Board continues to meet via conference call at least once a month, with periodic calls in-between to deal with any additional issues that arise.

There were no questions about the report.

Executive Director's Report (Fox)
PACD Executive Director Susan Fox presented a written report of her activities since the last PACD Executive Council Meeting. Highlights of the report include:

• There is continued work on legislative issues.
  
• Fox reported that she is currently working on water resources legislation with a coalition of like-minded organizations. The coalition includes PACD, representatives from agricultural organizations such as the Farm Bureau and the PA Grange, representatives from the power, coal and chemical industry, and the PA Chamber of Business and Industry. The group is pushing to finalize the legislation and move it through the legislature before November 30th, which marks the end of the current legislative session. If the legislation has not been approved by November 30th, the process will begin all over again with the resubmission of the legislation at the beginning of the next session in January. District involvement is very important. When the legislation is finalized and ready for submission, Susan will e-mail the final version of the legislation to all of the district managers. She asks that managers go to their legislators with the final version and let them know that the legislation has the support of the districts.
  
• She continues to meet with legislators.
  
• The PACD funding requests that were approved at the last Executive Council meeting were sent in to the cabinet.
  
• Susan met with Secretary Hayes regarding funding issues. This process will begin anew with the new administration.
  
• Regarding funding issues, there is need for a new approach. It is more effective to go directly to the people who are controlling the funding issues. We need to ask them how we can achieve the funding we need. We must look for ways to: increase funding for districts; make it sustainable; and design it to meet the unique needs of the districts. Susan may be working on putting together a small group of people to work on this new approach sometime in the future.
  
• Fox attended seven PACD region meetings and gave updates.
  
• In addition, she continues to attend various advisory committee meetings.
  
• She is continuing to work on developing a certifying board or body for the PEACCE program.
  
• Meeting planning continues, including planning for grant-related meeting work. Much of this is coordinated by PACD staff. PACD's meeting planning includes: CREP meetings, the PACD/SCC Joint Annual Conference, boot camps, the Watershed Specialist Meeting that was just completed in State College, and a Wastewater Management Symposium for DEP next spring.
  
• On-going projects have included:

o Work on training, outreach and public relations, much of which is funded by grant work. This includes participating in Ag Progress Days and a new exhibit in progress titled Materials for Local Governments and Developers.
o Regular revisions and updates to the PACD website.
o Managing the CREP program.
o The PACD Engineering Assistance Program.
o Education program materials, as well as the 319 and Chesapeake Bay mini grants.
o Distributing the PACD newsletter each month.
o Administration and management, including a yearly audit that we recently completed.
o Site visits for potential building.
o Grant administration.

• In addition PACD has hired new Education Specialist, Yvonne Harhigh, who is working for PACD on a part-time basis.

There were no questions about the report.

NACD Report (Sueck)
Patricia Sueck reported that this is a very busy time for NACD. Highlights of her report include:

• Pat was unable to attend the PACD Legislative Conference in March. Thanks to NACD Alternate Ron Rohall who gave the NACD report in her absence.
  
• Pat was in attendance at the national conference in Washington, DC with Robin Heard. They received a good reception. There seems to be a change in the legislature and NACD is receiving more recognition. Pat thanks NACD officers for visiting with the legislators to increase this recognition.
  
• Attendance at last night's Legislation Committee meeting was excellent.
  
• Pat has been appointed to the NACD Nominating Committee. She is chair of NACD's Education Committee, has been appointed to the NACD Foundation board, and has been appointed to the Farm Bill Implementation Team, where she chairs the marketing and roll-out.
  
• Pat urges everyone to log on to the NACD website at www.nacdnet.org. There is a wealth of updated information available there.
  
• The NACD Education Committee met in Nebraska. There it was noted that the comic books NACD produces get excellent feedback as tools for grade schools. These are a good resource for counties to provide to Envirothon teachers to funnel into schools.
  
• Pat attended the Agriculture in the Classroom meeting in July and so was unable to attend the PACD/SCC Joint Annual Conference for 2002. She will be able to attend the PACD/SCC Joint Annual Conference in July of 2003.
  
• Pat also attended the Northeast NACD meeting in Dover, DE, along with NACD President Reed Smith.
  
• She will be attending the National Conference on Farm Bill Conservation Opportunities in St. Louis November 12th - 14th, 2002.
  
• Pat urges people to take advantage of the video Snapshot Testimonials, which is available to show at board meetings. It gives a good demonstration of what NACD is and what it does. She and Ron Rohall have copies, or contact Susan Fox. The video is an excellent tool.
  
• A laminated list of offices and services was mailed out to each district. Pat urged meeting attendees to pick up an On the Farm Conservation pamphlet and a Board of Directors Action Register, which were available at the back of the room.
  
• At the last NACD board meeting in Chicago, IL, there were over 42 states represented. There was a great deal of discussion about the funds promised to NACD that are not being delivered. NACD has a good working relationship with congress. Congress has urged NACD to take action to retrieve the funds that were allocated for NRCS that they have yet to receive due to the OMB's reallocation of the funds. NACD has sent a letter asking that this issue be rectified. If there is no quick action, NACD has decided to sue the government. NACD has legal standing; they have a case. Hopefully the government will settle. Pat stressed that the NACD needs funds to help with this action. She asked each district to please recruit either two $35.00 members or one $65.00 member. NACD needs funds for this lawsuit. Pat will know more after the National Conference on Farm Bill Conservation Opportunities in St. Louis in November. NACD has a legislative contact in every district and will make use of these. Pat adds it is important that the districts make their quota payments. All of this will help to support action to retrieve funds that were promised. She will be getting a coalition of people together who are interested in making sure that the lawsuit goes through.
  
• The NACD National Meeting will be held in Orlando Florida, Feb 9th - 13th, 2003.

There were no questions about the report.

Treasurer's Report (Duvall)
PACD Treasurer Porter Duvall presented the budget report for fiscal year 7/1/02 - 9/30/02.

Question: What does the 403b line item under benefits refer to? Response: The 403b is a retirement fund.

Question: What does the travel line item "PACD Representatives" represent? Response: Travel money for people who have been specifically appointed to represent PACD, as well as region directors who are traveling in order to represent PACD.

It was moved by Duvall (Jefferson) and seconded by Clark (Montgomery) to accept the budget as read. The motion carried.

Porter reported that the value of the PACD building fund is up to
$99, 918.63.

PACD Building Announcement (Rohall)
PACD President Ron Rohall made the following announcement regarding new space for the PACD office to supplement the written information that was provided:

• PACD has been looking for space downtown near the capital for some time. The PACD building fund was instituted to provide money for a down-payment. The fund has grown and PACD has looked at a number of buildings, as well as other options such as building a facility ourselves. Over time, a number of buildings have been put before the Executive Council. The Council empowered the PACD Executive Board to decide on a building themselves, using guidelines set down by the Council. The PACD Executive Board has finally located a property that fits these guidelines. They have reviewed the building information and directed that PACD move forward. An initial offer was made and rejected. A second offer has been made and accepted. A contract was signed pending the resolution of a number of issues, including some minor repairs, and a site inspection.

Ron Rohall then turned the floor over to PACD First Vice President Jarrett Miller, who's comments included the following:

• The search for a new building has been a long process. The Executive Council empowered the Executive Board to find a building, and the Board has found a site that meets the criteria given by the Council and satisfies needs both today in the future.
  
• The building has three floors. PACD will eventually need the entire building. Currently we can rent out the first floor to help meet our mortgage obligation.
  
• The cost of the building when broken out per square foot is $55 per square foot. We could not secure land and build our own for this price.
  
• It is a brick, historic building. As with any building, there will be repair and maintenance costs. This has been taken into account and a figure has been built into the budget for renovation and updates.
• PACD will make a down payment of $140,000. Taking into account expenses, the mortgage will be $250,000 for a twenty year mortgage. We anticipate paying this off in ten years to free up funds for using the entirety of the building.
  PACD is very pleased with the support that we have received from the districts. The Executive Board has contributed to the building fund and is contributing again. The board has received a commitment from one individual to give $2.00 per week until the mortgage is fulfilled. Please show your support for PACD by not only being present at meetings, but also contributing to the building fund to help us pay off the mortgage amount before the term is up. Please go back to your districts and encourage this support. PACD provides many unseen services, such as helping to bring funds for technical assistance, educational specialists in the districts, growing greener efforts and more. Please bring the message to the counties and ask for their personal support toward our mission.

Question: Are there elevators? Jarrett replied that there are no elevators.

There were no further questions regarding the announcement.

Costume Contest
PACD President Ron Rohall announced the winners of the Costume Contest: Jackie Rouse in a lamb costume, and Pat Sueck with a Minnie Mouse costume. Bruce Johnson We All Live Downstream sweatshirts were awarded to the winners.

Report of District Operations Committee (Miller)
PACD First Vice President Jarrett Miller, Chair of the District Operations Committee, presented the following from the minutes of the District Operations Committee meeting on October 30th, 2002:

• The Legislation committee made a proposal that reads:
  "The PACD supports legislation that would discourage local municipalities from enacting policies and ordinances that are more restrictive than state laws or regulations."
  This was approved first by the Legislation Committee and then by the District Operations Committee.
  
• The 2003 PACD/SCC Joint Annual Conference will take place July 20 - 23, 2003 at the Ramada Inn in Altoona, PA. Jarrett asked that anyone who has any recommendations or suggestions, please let the planning committee know.
  
• Susan Fox, PACD Executive Director, presented a budget report that showed income and expenses from the 2002 PACD/SCC Joint Annual Conference.

It was moved by Miller (Erie) and seconded by Clark (Montgomery) that the Council accept the minutes.

There was discussion regarding the proposal from the Legislation Committee. The following comments were made:

• Comment: The statement is all-encompassing and might prohibit valuable local action.
  
• Response: The statement is only intended to keep local municipalities from passing legislation that is more strict than that already been passed by the state. Perhaps we should alter the statement to be more specific to environmental policy.
  
• Comment: The policy is too broad. We should be much more clear. We don't want to alienate municipal officials, township officials and supervisors who have a good working relationship with conservation districts. If we want to make a statement, we should respond to a specific issue, not try to cover all policies and ordinances.
  
• Comment: PACD should not take a stand for or against the legislation (Senate Bill 1413). There are too many people who dislike this legislation and it could hurt PACD's credibility. There was not sufficient representation from both sides regarding this issue at the Legislation Committee meeting.
  
• Comment: Local resolutions that are much more restrictive than those passed by the state can severely affect nutrient management programs, but perhaps we should narrow down the wording to be more specific to nutrient management.
  
• Comment: At a recent county-wide township supervisor's meeting, many supervisors were present who would object strenuously to this statement. Taking this stand could alienate many.
  
• Comment: If each township makes a different ordinance, how can the farmer function? The state needs to be the last word.

Sueck (York) presented an amendment to the motion: change the wording to read "The PACD supports legislation that would discourage local municipalities from enacting policies and ordinances affecting nutrient management that are more restrictive than state laws or regulations." This was seconded by Hummel (Snyder).

There was discussion regarding this amendment to the motion:

• Comment: Many districts are not represented here today. Each district should have the chance to respond.
  
• Response: Every county is welcome to attend. Any county that is not represented here is absent by choice. There is a quorum present. The Council can always vote to change what is decided at this meeting if individuals who are not present wish to do so.
  
• It is suggested that we use more positive wording: "The PACD supports legislation that would encourage municipalities not to enact policies and ordinances…" There was no motion made to this effect.
  
• Comment: Why do we specifically mention municipalities rather than townships?
  
• Response: "Municipalities" is an all-encompassing term.
  
• Comment: The Nutrient Management Act already keeps municipalities from enacting more restrictive policies. This policy makes a redundant point.
  
• Comment: S.B. 1413 recognizes that the law already states that municipalities should not enact more restrictive policies and ordinances than the state. However, 1413 goes further by actually specifying consequences for such an action: if a municipality passes an inappropriate piece of legislation, that municipality has to pay for the expenses of the farmer who fights that legislation. Perhaps the policy proposed by the Legislation Committee should be viewed as an attempt to further discourage local municipalities from enacting more restrictive laws.
  
• Comment: There is little support for S.B. 1413. Farmers are in the minority. Speaking to Roger Madigan (author of 1413), Merle Phillips and Russ Fairchild, all of whom support conservation and environmental programs, they point out that there is vocal opposition to 1413, but very little vocal support.
  
• Comment: S.B. 1413 takes away traditional township responsibilities. Why do we want to get into the business of alienating townships? Some of the ordinances that the bill will affect don't directly deal with Nutrient Management. Other issues include anti-corporate or non-family corporate ordinances, and requiring a hydro-survey. Nutrient Management is already protected.
  
• Comment: Water loss is not a valid reason to defeat the bill. Farms will develop, houses will come in, industry will come in - this is pure economics. There will be no additional loss of water because of S.B. 1413.

Ron Rohall called for a vote on the amendment proposed by Sueck (York) and seconded by Hummel (Snyder) to change the wording to include "…affecting nutrient management…".

It was moved by Mankamyer (Somerset) and seconded by Long (Blair) to table the amendment proposed by Sueck (York) and Hummel (Snyder) to change the original wording.

Ron Rohall called for a vote on the original motion by Miller (Erie) and seconded by Clark (Montgomery) that the Council accept the District Operations Committee minutes.

It was moved by Long (Blair) and seconded by Sagar (Columbia) that the Council accept the balance of the District Operations Committee minutes, with the exception that the policy statement from the Legislation Committee be tabled. The motion carried.

Susan Fox made an announcement for the hotel. There was a group break in order to allow attendees to pack up their rooms due to the power failure.

The meeting resumed. President Rohall determined that there was still a quorum of voting members.

The motion to table made by Mankamyer (Somerset) and seconded by Long (Blair) was put to the vote. The motion carried.

The motion to table made by Long (Blair) and seconded by Sagar (Columbia) was put to the vote. The motion carried.

Both motions that have been tabled will be brought back for discussion at the next PACD Executive Council Meeting in March.

Updates from PACD Committees or PACD Representatives
No updates were presented.

Other Business (Addition to agenda)
Bill Schall (Armstrong) presented a written memo that included a number of requests for PACD's consideration and included the point that the ATV (All Terrain Vehicle) issue is one of serious concern in all rural areas. Bill thanked the council for the opportunity to bring these issues to their attention.

NRCS Report (Heard)
Robin Heard presented the following report:

• NRCS is having difficulties with the OMB. They are not willing to release all of the technical assistance funding that congress provided with the farm bill assistance. This is the basis of the lawsuit that NACD is bringing.
  
• If the OMB does not give us the full cost of technical assistance, it is going to severely hamper both NRCS and the districts in their ability to get programs on the ground.
  
• NRCS is operating as status quo until after the first of the calendar year.
  
• NRCS does not expect to receive dollars from their budget allocation for FY 2003 until around February. What this means for Farm Bill programs: people will probably begin to sign up for EQIP, WHIP, AMA etc. in January or February. (Note: NRCS is still waiting for rules on all of these programs.) Once the dollars come through, they can get contracts out to people who have signed up.
  
• EQIP and WHIP subcommittees are still trying to redesign state programs. Priority areas were removed from EQIP. We are looking at a complete redesign of how dollars are allocated. There is also emphasis on grazing.
  
• There is a provision in the Farm Bill that addresses regional equity. In the EQIP, WHIP and FTP program, each state will get a minimum of $12 million dollars. The northeast has noticed that other states don't like to talk about regional equity. When NRCS gets its allocation, we will be watching to make sure that Pennsylvania gets its fair share.
  
• For fiscal year 2002, AMA received $1 million dollars; EQIP received $4.8 million; farmland protection received $2.9 million; WHIP (Wildlife Habitat Incentives Program) received $250,000. This is a significant improvement over the previous year for each of these programs, but is still far from regional equity.
  
• The EQIP subcommittee will be looking at cost-share rates. They are looking to reduce more expensive practices. The next meeting is November 26th, 2002.
  
• Originally we had thought there was a $450,000 maximum contract limit under EQIP. Instead, the intent of congress is that the $450,000 be a payment limitation over the life of the farm bill for a producer with EQIP contracts. The subcommittee will be looking to put an overall contract limit in place.
  
• NRCS is looking into innovative technologies, such as methane digesters and composting systems.
  
• The partnership is working to expand CREP to the remaining 20 counties within the Chesapeake Bay Watershed. There are also efforts in the Delaware and Ohio basins to try to get CREP there.
  
• Rules for the National Conservation Security Program will not be out until later in 2003.
  
• USDA still has not decided who will handle the Grassland Reserve Program. It might be FSA.
  
• NRCS is looking into some different options to improve the Wetland Reserve Program in PA.
  
• In terms of technology, NRCS will be instituting a single mobile office with digital communications technology in conjunction with a national pilot. In addition they are gradually increasing the number of GPS units in field offices. NRCS signed an agreement with FSA, who has agreed to let NRCS field offices use their GPS units; this would include district employees engaged in farm bill work.
  
• NRCS is working on ways to better tie GPS data into the customer service tool kit.
  
• NRCS had a training session for the customer service tool kit in October of 2002 and will have another session in November, by the end of which approximately 25 district employees will have received training.
  
• NRCS will be sponsoring a Boot Camp session for employees the week of November 4th, 2002. District employees will attend, as well.
  
• Robin also outlined three ways in which technical service providers can be paid for farm bill work:

  1. Put a line item within the EQIP, AMA, or WHIP contract that provides for reimbursement to that producer, up to a certain cost, for qualified consultant services. Reimbursement will be provided to the producer after they have purchased, and provided receipts for, consultant services. Details are still in progress.
  2. Enter into cooperative agreements with districts or other partners who are providing technical services to producers, either to hire or redirect current employees. Priority would go to districts with a significant history of providing farm bill services.
  3. Contract directly with a consultant or vendor.

President Rohall thanked Robin and her staff for all the work NRCS put into creating the NRCS/Conservation District Workshop. Robin thanked PACD for acting as host for the session.

• Question: Can you elaborate on the status of methane processing?
  
• Robin responded that the NRCS national headquarters is working on a general practice standard that could be used for EQIP contracts. In order to cost-share under any program, there has to be an existing NRCS standard, an interim standard, or a pilot program with engineering approval. The national standard should be out in December. NRCS can then fund methane digesters that meet the basic standard under the EQIP program. The EQIP subcommittee will then have to determine how much money to commit to this type of technology.

State Conservation Commission Report (Karl Brown)
Karl Brown presented the following report for the SCC:

• Karl thanked Robin and the NRCS staff for participating in today's NRCS/Conservation District Workshop. He encouraged everyone to carry the results of the roundtable discussions back to the districts for discussion at local team meetings and agricultural service delivery meetings.
  
• Loren Lustig and Edward Kuckuck were recently reappointed to the SCC.
  
• The SCC Pre-Meeting has been moved to the Holiday Inn. Friday's SCC Meeting will be at Toftrees as planned.
  
• The first hour of the SCC Meeting will address some important forestry issues. This will include a ceremonial signing of a Memo of Understanding between certain conservation districts and the USDA, and a panel discussion on forestry. Rita Stevens with the USDA Forest Service will discuss Farm Bill forestry provisions.
  
• Note: Forestry dollars are now going through the state forester's office, not FSA and NRCS as before. This means that the state forestry people are going to be more involved in programs.
  
• The staff is planning to make a recommendation to the SCC that they fund the ACT and farmland preservation applications that have been submitted.
  
• Regarding nutrient management grant programs, there will be a proposal on the table to accept applications two-or-three times a year instead of six times per year.
  
• There will be a proposal on the table to increase reimbursement rates for delegation duties under nutrient management. This includes an increase to the base grants, and an increase to the hourly rate for calculation for technical assistance.
  
• There will be discussion regarding the renewal of the five-year agreement for Dirt & Gravel roads. There has been excellent activity in the Dirt & Gravel Road program over the summer and fall.
  
• Karl noted that there are some controversial Nutrient Management plans, which make up about 2% of the total plans received by the state. These can be a significant challenge. The SCC appreciates that the vast majority of plans go through because of the hard work of district staff, directors and cooperating agencies.
  
• As discussion begins regarding budgets for next year, Karl asks that we note that current nutrient management fund allocation in the program fund is stretched as far as it will go with current program allocations. They are running a $6 million dollar program a year due to carryover of the fund each year. It is a non lapsing, non-transferable fund. The next two years are crunch time for this program.
  
• A brief review of accomplishments over the last eight years:

  o The number of district staff has grown from under 300 to over 500.
  o There has been a net increase of $5.5 million dollars for staff.
  o We have seen a $16.3 million dollar increase in pass-through money for cost-share for producers, clients and municipalities. (This includes Dirt & Gravel Roads, GG, Nutrient Management, EQIP.)

Karl encouraged everyone to attend tomorrow's commission meeting.

President Rohall thanked Marsha, Executive Director at Toftrees, and her staff for all of their help to continue the meeting.

Report from PACD Auxiliary (Frank Long)
The Auxiliary will be adding to the Scholarship Fund.

Announcements and Adjournment
There were no announcements. The meeting was adjourned at 4:40 pm.