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WASHIGTON STATE COMMISSION ON PESTICIDE REGISTRATION MINUTES(APPROVED) SEMPTEMBER 20, 2001
Chair Doug Muse, Presiding CALL TO ORDER AND INTRODUCTIONS at 10:15 a.m. Members in attendance: Ben Barstow, Bob Berger, Bill Green, Andy Jensen, Joel Kangiser, Chuck Masters, Doug Muse, Brian Sakuma, Herb Teas, Kurt Volker, Doug Walsh, Tedd Wildman Staff in attendance: Donna Gorham, Tracy Olberding, Alan Schreiber Guests: John Brown, WSU, Don Holbrook, WSU, Art Linton, WSU, Richard McCartan, Assistant Attorney General, Kim Patten, WSU Chair Doug Muse called the meeting to order at 10:15 a.m. Commissioners, staff and guests introduced themselves. PUBLIC COMMENT MINUTES
The motion passed by unanimous voice vote. Chair Muse asked for comments and corrections to the minutes from the August 16, 2001 Executive Committee Teleconference. No changes were noted.
The motion passed by unanimous voice vote. FINANCIAL REPORT Chair Muse turned the meeting over to Vice Chair Herb Teas and excused himself. ADMINISTRATORS REPORT
Doug Walsh suggested creating an electronic version in .pdf format and link the report to the Commission website. Chair Muse asked who should be involved in developing the reports. Schreiber noted a motion is on the table for the overall structure and suggested a subcommittee be formed to develop the format. Schreiber stated he would provide an outline on report content. Herb Teas requested Schreiber come up with an outline to present at the next meeting if time permits or no later than March 2002. John Brown emphasized how important it is to make a report and noted the Office of Fiscal Management develops the budget in late fall and the report is not due until December 15. Brown asked if the Commission should take the budget process into consideration. Schreiber said the report should show the Commission is doing a good job and should review the past five years. Art Linton suggested Schreiber visit Rep. Gary Chandler and ask what he wants included in the report. Schreiber noted he had talked to Rep. Chandler and his response was that he did not want to see a detailed report but preferred an executive summary. Linton recommended the report focus on content not political aspects. Schreiber noted Rep. Chandler is expecting a glossy report but there is merit for a detailed report. Administrator Schreiber provided Commissioners with an update on open and expiring Commissioner terms. Three Commissioners' terms are expiring; Bob Berger and Herb Teas are staying on and Tedd Wildman is rotating off the Commission. The Food Processors position is still open. Schreiber noted he expects to have two new Commissioners by the next Commission meeting. Schreiber informed Commissioners a new web master had been lined up, and a new web page should be up and running by the next Commission meeting. Chair Muse returned to the meeting . Schreiber noted an issue from the previous meeting requires continued discussion; the issue is to improve the Commission presence in Olympia. Schreiber noted several options are available; to pay someone to put forth an effort for the Commission, ask commodity groups represented by Commissioners to include information about the Commission with their legislative contacts or to have individual Commissioners contact legislators. Chair Muse asked Ben Barstow how easy it would be to include information about the Commission in legislative contacts. Barstow responded the wheat growers visit Olympia about once a year and information on the Commission could probably be worked into the presentation. Doug Walsh suggested inviting more urban legislator on the Tour. Schreiber noted the timing of the tour this year conflicted with the wheat tour and the legislature was still in session, both of which affected Tour attendance. Kurt Volker said he did not feel it was the Commissions responsibility to work with lobbyists, that Commissioners should be talking to legislators and commodity groups. Volker stated he was not comfortable spending money to support a lobbyist. Volker suggested getting invitations to the Tour to legislators in advance and delivering the invitation in person to get legislators to commit to attend the Tour. Volker noted more legislative participation in the Tour is needed, especially by those legislators not familiar with agriculture whether they are power brokers or not. Chair Muse asked Commissioners about participation in the Ag Presidents group, this group has a large contact base with Olympia. Muse noted the Commission has not taken part in this organization. Schreiber noted he has attended three or four meeting in the last six years. Tedd Wildman said he had attended in the past representing wine and as chair of the Commission. Wildman noted this is a good opportunity for representation. Chuck Masters said he likes the idea of using the various groups for getting the message out. Masters said a perception exists that pesticide use is critical to agriculture and wondered how much non-agriculture legislators understand the role of the Commission. Masters continued the WSCPR is viewed by some people as a group who just want to register more pesticides, instead, the Commission has, in large part, come up with IPM practices and more friendly approaches to pest control. Masters said it is important to convey the role the Commission plays is a valuable tool to agriculture. Bryan Sakuma suggested a more personal approach by identifying individual legislators who have a voice in supporting legislation, spending some one on one time with each of them identifying their constituents specifically affected by this Commission. Bill Green said Commissioners should lobby legislators representing agricultural communities, and it is the agricultural community's responsibility to ensure the Commission continues. Green suggested setting up a workshop between legislative sessions to show what the Commission is doing. Schreiber stated he would attend the Ag Presidents meeting, work with Commissioners that have a presence in Olympia and increase attendance by legislators on the Tour. Schreiber noted elections would be held for Commission officers at the next Commission meeting. [note added later: Schreiber was incorrect; elections are held in January] Schreiber updated the Commission on two projects that would be returning money not spent to the Commission. One project was to fund a part time quality assurance person at the FEQL through Carol Wyckoff's office that position was not filled and the $12,000 would be returned. The other project was on clover seed funded for $8,500 from the Commission with $8,000 matching from Cal-West. Bill Whitmer was involved with the project, Cal-West downsized staff and Whitmer's position was eliminated. Whitmer was a good guide on the project and some innovative things were done with growers. Schreiber stated some funding would be returned to the Commission. Kurt Volker asked for clarification whether Cal-West put up matching funds that never came through. Schreiber replied in-kind funding was provided but in-cash funding was not. Volker asked if this happens often. Schreiber noted this was a first time occurrence. Volker commented if Cal-west came forward as a proposal sponsor in the future, to remind them of the fact they did not meet their obligations on the previous project. Schreiber indicated a letter was written to WSU and the project file detailing the situation. Schreiber noted a potential source of additional funding for proposals had come to his attention. Schreiber received a copy on September 17of a letter dated September 5 from WSDA Director Jim Jesernig indicating two meetings would be held today to determine use and distribution of $10.1 million allocated to Washington State by federal ag assistance legislation recently enacted. One potential use for a portion of these funds is additional funding to WSCPR. Since the meeting was being held today, Schreiber felt he had to act. Before writing the letter he spoke to the Executive Committee, and to some other Commissioners and agricultural leaders. Schreiber read a one-page letter he wrote to Jesernig, requesting $150,000 to help growers of minor, minor crops obtain support from the WSCPR, noting a historical decline in requests for assistance from minor, minor crops and the inability of these smaller groups to generate matching funds. Schreiber noted Paul LaCroix agreed to speak up for WSCPR at the meeting. Schreiber requested guidance from Commissioners on this subject. Kurt Volker asked if the Commission received $150,000, where would it be applied, what does the mandate allow. Schreiber replied the mandate does allow for this situation, the money would be held by the Department of Ag and released to WSU. Schreiber noted in previous progress reports minor-minor crops proposals have gone from 68% to 54%. Volker commended Schreiber for acting so promptly. Doug Walsh asked what the timeline for allocation was. Schreiber replied he had no idea, but expected it would be a relatively short time. There was a consensus to support the request for matching funds from the WSDA.
PROJECT PROPOSAL Kim Patten noted in previous years funding was provided by the Commission, progress was being made toward a 24C registration, however, fate and persistence data was lacking. Patten stated in-cash matching had been secured through an IPM mini-grant and BASF was providing in-kind services in analytical chemistry. Patten indicated he would be making an application next week and the week after. Chair Muse asked about the lack of persistence data. Patten responded fate and persistence data in an estuary is not available and ecology makes their evaluation based on estuary data. Patten noted lots of residual data is available. Muse asked what the consequences would be if the applications were not made this fall. Patten responded he would have to wait until next fall and that would delay the 24C another year. Patten noted at the rate Spartina spreads; this is one opportunity for control. Chuck Masters asked if the study design for persistence and fate data was approved by ecology, WSDA, and EPA. Patten replied he had asked over and over what should be included and felt he had everything, noting he added interstitial water to the design. Masters responded he was questioning the design due to application being to one 60 x 100 plot, which seemed weak. Patten agreed the size of plot was limited to one acre. Patten said he would prefer many acres and sites and to utilize aerial application, but he does not have this option. Bill Green suggested this project would be good to include in the legislative report stating the Commission funded research that identified a product to control Spartina. Ben Barstow asked for an explanation on how the weed impacts oyster growers. Patten replied Spartina takes over seedbeds, traps the larvae on the shell in higher water. Patten noted the bigger question is how it changes the nature of the bay. Tedd Wildman noted the impact is enormous. Patten said he is optimistic the research will provide a solution. Schreiber noted numerous aquatic site projects have been funded by the Commission in the past. Schreiber asked Patten to compare cranberry and Spartina projects. Patten said cranberry research has nationwide support from the Cranberry Institute, Spartina research is supported in Washington State only and Patten is the primary researcher.
DISCUSSION RESEARCH PRESENTATION Chair Muse thanked Dr. Patten for his presentation. Chair Muse adjourned the meeting for lunch at 12:35 pm. The meeting resumed at 1:10 pm. FISCAL ISSUES Schreiber noted Tour expenses sent to WSU for payment had not been paid. Schreiber also noted the Tour is paid for by different sources; Commission funds, registration fees and sponsorships, which were lower than expected. Schreiber continued WSU disallowed most of the expenses invoiced to WSU for the Tour, even though the Commission authorized funds to pay for these expenses. Schreiber questioned Don Holbrook why, for example, the lunch expenses for the third day of the tour were disallowed. Don Holbrook replied Sandy Christian had stated everything regarding the Tour was supposed to be included in the registration fees when training Tucson Smith. Schreiber replied this was a miscommunication and registration fees are not enough to cover Tour expenses. Schreiber continued in the past the Commission has paid for a fair amount of the Tour and if Commissioner's approve funds to pay for Tour expenses and assuming state guidelines are met, WSU should not put additional rules on the payment. Bill Green asked what rule was used to disallow these expenses. Don Holbrook replied Sandy Christian's verbal instruction to Tucson was registration fees were to cover these expenses. Bill Green commented this was not a rule state agency's follow. Schreiber asked if this was a recent development. Holbrook replied Sandy indicated it was done for some time. Schreiber requested Holbrook look at past Tour expense detail and noted in the past the majority of funds have been paid by the Commission. Holbrook replied he was not trying to be hardnosed and would be happy to check on past Tour payments. Schreiber asked Holbrook if someone travels on Commission business; for example, attends a meeting leaving at 9:00 am, drives three hours, has lunch and returns, and incurs some expenses, are they entitled to be reimbursed. Holbrook replied the three-hour rule applies, if travel is less than three hours before or after the persons' normal workday, and no reimbursement is granted. However, if the person attends a business lunch and conducts business during lunch and states that on the expense report, then reimbursement can be made. Art Linton asked if this applies to persons not employed by WSU. Bill Green noted the three-hour rule comes from the Office of Fiscal Management. Art Linton suggested if the individual is not a state employee, any time spent traveling should be reimbursed. Don Holbrook replied it is a tough decision and suggested sending a letter to Central Administration at WSU for clarification. Schreiber noted many people incur expenses for the Commission and some just absorb it, for example, Andy Jensen's Commission related expenses are part of his employment and he is reimbursed by WSPC, but Tedd Wildman's Commission related expenses come out of his pocket. The enabling legislation states Commissioners serve without pay expect for travel expenses. Richard McCartan said the discussion seems to indicate Commissioners should be paid as if all were WSU employees and caution the Commission not to go outside of state rules and reimbursement amounts are set by statute. McCartan said he would take a look at the law as it relates to the Commission. Kurt Volker asked if expenses disallowed for the Tour have been paid. Schreiber responded that the expenses were paid by ADG, Inc and that ADG, Inc covers a lot of the costs for the tour. Herb Teas noted the Commission authorized the Tour expenses in question as valid. Richard McCartan said the RCW 15.92.095 states money may be used for supporting the Commission and there is latitude to pay for tour expenses if it is determined the activity supports the Commission. Holbrook replied Sandy Christian indicated disallowing certain expenses was standard practice. Schreiber said the Commission directs WSU how to spend the Commission's funds, a vote is taken, a budget is approved and as long as the expenses are within the budget and within state guidelines, the Commission has paid. Chair Muse noted Sandy Christian had caught a lot of little things and the Commission appreciates her efforts. Holbrook asked if the invoices go to the Commission for review. Schreiber responded the list of expenses was presented to the Commission at the last meeting, Commissioners have seen the budget, but a vote is not taken on individual invoices. Schreiber noted Commissioners have not seen the disallowed expenses. Teas noted the Commission approved the Tour budget. Holbrook said he was just asking for clarification. Schreiber noted he has no concerns or problems with the way the "books" are being done and chalked up the current issues to having a person new to processing Commission expenses.
DISCUSSION
DISCUSSION Schreiber said the Letter of Agreement spells out what the Commission and WSU will do, he has no problem with it, however, WSU feels uncomfortable with matching funds. Schreiber continued no one thinks WSU is responsible for accounting for money that does not flow through them. Herb Teas asked where matching money does flow. Schreiber replied it doesn't go through WSU unless the match goes to WSU researchers. Teas responded WSU should not be held accountable. Schreiber continued if a MOA is what WSU wants all they are doing is putting in writing what is done. Barstow asked McCartan if the language of the first line on page two was appropriate. McCartan replied the language does not need to be in there, he was not sure what the intent was. Don Holbrook asked if the terminology has been there since the beginning. Schreiber replied the sentence had been included in past years. Holbrook said he saw no problem to point to state RCW. McCartan noted expenses related to what ADG is paid is covered by contract, as far as reimbursement of expenses, he has not looked at WSU procedure. Barstow asked if that is where the conflict over tour expenses is. Holbrook replied it appears to be a miscommunication. Teas the contract say to reimburse commission expenses up to $9,000 per year and the question is who approves the expenses. Schreiber noted the way it has worked in past was that WSU pays for most expenses, WSU tells us what is not allowed, for example t-shirts and hats are not allowed. Holbrook noted depending on intended use. Teas stated the Commission approves expenses not WSU. Bob Berger said the money we are spending is money appropriated to the Commission through WSU accounting procedures, the Commission is specifically charged to approve these expenses. Berger continued the Commission operated for 2-3 years without an agreement and WSU paid the bills. Berger asked why this is needed other than for Zuiches comfort. Berger said the Commission should look at whether we execute a different agreement but the Commission needs to get the bills paid. Teas noted a new agreement would better define authority. Berger agreed. Chuck Masters said the Commission needs an agreement so that everyone understands who does what. Schreiber noted Commissioners had voted to give the Chair authority to negotiate and sign the agreement, then the new language came up between Commission meetings, Chair Muse called an executive committee teleconferences to discuss. Chair Muse asked for any further discussion. Andy Jensen said he was in favor of the motion, but found it curious WSU was not paying ADG without an agreement, and asked if WSU is paying researchers without an agreement. Schreiber responded WSU was paying researchers and the agreement is separate. Jensen asked if there was an agreement between WSCPR and WSU to pay researchers. Schreiber replied the enabling legislation allows for payment to researchers. Chair Muse asked for Commissioner comments on the Letter of Agreement. Tedd Wildman asked why a cap on reimbursements was needed. Teas replied it was agreed on in the budget. Schreiber said dollar amount is needed for budgeting. Doug Walsh asked if there was a separate account for the $9,000, and noted there was nothing stopping the Commission from adding to the account if need be. Schreiber replied if the expenses start to go over $9,000, it could be a signal to slow spending. McCartan noted the fee structure was fully explained in the contract. Schreiber said the contract between WSCPR and ADG, Inc., has a fee payment section including travel, mileage, per diem, office expenses, etc. Chuck Masters asked what is wrong with this agreement. Schreiber responded Bill Green objects to the addition of the sentence by WSU. Masters continued nothing is wrong with the contract if we continue as is. Bob Berger said the Commission has a bank account; WSU makes funds available to this account and asked how that is different than page 2 of the letter of agreement. Schreiber explained the check account has two purposes, WSU writes a check to the Commission, it is deposited in the Commission account, a check is written from that account to pay ADG the administration fee, the other purpose is to pay expenses we incur that WSU will not allow such as t-shirts and hats. Bob Berger said t-shirts and hats are paid for all the time by state agencies. Don Holbrook said that expense will be reviewed. Bill Green said it is time to sit down with WSU and set up a structure that is in line with statute. Schreiber said the agreement is fine with him and if no changes are made, Doug Muse could sign the agreement and Don Holbrook could take it back to WSU today. Herb Teas said he agrees with Bill Green that changes need to be made to the agreement.
DISCUSSION Barstow, Jensen, Masters, Volker, and Wildman voted for the motion. Berger, Teas, and Sakuma voted against the motion. Schreiber recommended a subcommittee be formed to draft a new version of the agreement for next year. Chair Muse indicated he would include this in new business and adjourned the meeting for a five-minute break. The meeting resumed after a five-minute break. PROJECT STATUS REPORT IR-4 WORKSHOP NEW BUSINESS Chair Muse asked Commissioners if they had any concerns for Richard McCartan to address. Herb Teas asked in regard to co-funding vs. match, who sets the definition and degree of accountability. McCartan replied the statue uses the term matching and it is the duty of the Commission to ensure co-funding occurs. McCartan said the state auditor may look at whether the Commission is enforcing the agency to give matching or co-funds. Teas asked if it would be on a project-by-project basis. McCartan replied if the Commission is making no effort to enforce the agreement than the auditor may have a finding. Chair Muse thanked Richard McCartan for attending the meeting. Chair Muse noted some unfinished business with regard to the legislative report. Chuck Masters said more discussion was needed on improving the legislative presence. Doug Walsh suggested considering Olympia as a meeting site for a legislative short course some time in September or October. Schreiber asked if this would be outside a regular meeting. Walsh replied if this was held at the same time as a regular meeting, commodity group representatives would be there, and it should be done at a short meeting, perhaps September 2002 to coincide with the report being done. Volker said the legislative report should also be ready at that time. Schreiber replied much of the report would be done but it would not be complete. Chair Muse suggested deferring the discussion to another meeting. Schreiber said if time allowed at the next meeting, an outline and timeline for the final report could be reviewed. Art Linton said the whole topic is important enough to allocate time during a meeting for discussion. Chair Muse noted Commissioners Teas, Volker, Berger, and Green would form a committee to develop a new letter of agreement. Andy Jensen asked to be included on the committee. Muse added Jensen to the committee. Chair Muse asked for other new business. Teas noted the need to address the format of accounting reports from WSU. Teas recommended designing a summary more user friendly to those without accounting backgrounds. Chair Muse said the same committee looking at the letter of agreement should look at the accounting reports. Chair Muse asked Schreiber to outline the remaining meeting dates and places. Schreiber said the meeting schedule is: November 13-14 in Ellensburg at the Hal Holmes Center, January 8-9, 2002 in Portland Oregon at the Portland Hilton, March 13, 2002 in Moses Lake, May 8, 2002 in Yakima possibly at the WSDA facility. Chair Muse asked for any other new business.
The motion passed by unanimous voice vote. Chair Muse adjourned the meeting at 4:00 pm.
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