Board of Forestry
Minutes
January 8, 2003
The Board of Forestry met on January 7 and 8, 2003, at the Department of Forestry Central Office in Charlottesville, Virginia. The January 7 session was an orientation and overview of Department of Forestry programs, projects and initiatives. The program was only for information and education of Board members. A statement was read by Mr. Harrell, Acting Chair, that at no time was Board business discussed or actions taken or implied. Each member responded to a roll call vote that this statement was correct.
Convene Meeting
The formal Board meeting began at 9:00 a.m. on January 8, 2003. Those present were: William T. Carden, McChesney Goodall, III, Melvin L. Harrell, R. Easton Loving, Michael Gordon McGlothlin, E. Lee Showalter, C. Harrell Turner, Anitra B. Webster, Alpheus L. White, Sandra Whitmore and James W. Garner, James E. Bowen, John M. Carroll and Donna Hoy with the Department of Forestry.
Call to Order
In the absence of Ms. Bates, Chair from previous Board, Mr. Harrell served as Acting Chair and called the meeting to order.
Ms. Hoy made roll call.
As there were no motions to change the agenda, Mr. Harrell stated the agenda would stand as written.
Recognition of Guests and Visitors
Mr. Harrell welcomed Ann Duff, Forester, Smurfit-Stone, West Point, and Gerald Gray, Attorney, Clintwood (also President and Chairman of the Board for Virginia Forest Watch) to the meeting.
Mr. Gray asked permission to address the Board of Forestry. He distributed a proposed change to §10.1-1181.2 - Conduct of silvicultural activities; issuance of special orders that will be presented to the 2003 General Assembly. He stated that Virginia Forest Watch has concerns that logging jobs are not being properly established and felt this change in legislation would increase compliance. Mr. Garner stated he had just received a copy of the proposed legislation and had not had time to know what the full implications will be. He felt sure that if the proposed legislation meant mandatory best management practices, it would have to go through the regulatory process for implementation and would take 18-24 months.
After much discussion and questions about the data presented by Mr. Gray and questions from the State Forester on the Department's role/procedure for the silvicultural program, Mr. McGlothlin stated he felt the Board of Forestry should take the position to support this bill. Mr. Turner, Mr. Showalter, and Mr. Loving felt as a new Board, more information and knowledge was needed before making a decision to support this legislation. Mr. Loving asked that Mr. Garner provide the Board of Forestry a snapshot of where Virginia is relative to its neighbors at the next meeting. Mr. McGlothlin felt the proposed change in the law stating best management practices must be followed would provide the landowner with a mechanism to rely on to ensure their land is not left in a mess. Mr. Gray repeated a statement he had previously made that Virginia is light years ahead of other states and Virginia's silvicultural program is doing very well. Mr. Carden felt this was an important issue that should be taken up by the Board as a priority to be studied this year and make a recommendation by this time next year. Ms. Webster felt the program was headed in the right direction and the Board should give the system lead-time to work. Mr. McGlothlin made a motion to make water quality one of the highest priorities of the Commonwealth to ensure forestry is done in a manner to strengthen the adherence of best management practices. Mr. Carden seconded the motion. Each member responded to a roll call vote in favor of this motion. Motion carried.
Approval of Minutes
Mr. Harrell motioned that the minutes of the last meeting be accepted as written from the previous Board meeting. Ms. Webster seconded the motion. All members were in favor.
Hearing of Citizens and Delegations
Mr. Chaffe, Assistant Attorney General, gave a presentation to the Board on the Freedom of Information Act (FOIA). Mr. Chaffe stated that all Board of Forestry meetings are open to the public. Any documents/information reflecting official business of the Board of Forestry meets the requirements of the FOIA. Any FOIA requests directed to Board members or any questions about FOIA should be directed to Donna Hoy or James Bowen with the Department of Forestry. The law states FOIA requests are due within 5 business days.
Personnel records, attorney-client-privileged material, criminal investigations, and Governor's working papers are not FOIA records.
In the case of a closed session by the Board of Forestry, a resolution must be adopted specifically stating it is going in a closed session which will state the purpose/reason for the closed session. The Board can take no binding actions during the closed session.
Mr. Chaffe also covered the Conflicts Act (bribery and corruption, contracts, transactions). This Act prevents Board members from entering into contracts or transactions that involve a personal/financial interest. Board members cannot enter into contracts with Department of Forestry or other state agencies. Transactions are considered anything you vote on as a Board. If the transaction affects you directly, as a Board member you cannot vote on the transaction. If a Board member has an interest in the transaction, they need to make a statement for the record.
Information Items
State Forester's Report
Mr. Garner explained the Department's MEL (Maximum Employment Level) versus full-time employees on staff. He stated that the total MEL for the Department will be reduced by 19 positions due to budget reductions. The Department currently has 49 vacancies.
He also explained the Department of Forestry's budget appropriation, operating funds, pass through funding, etc. since 1990, as well as an overview of the Department's rolling stock and replacement for dozers. The Department of Forestry will replace 10 tractor units this year under a lease/purchase agreement.
He presented a graph showing the pine reforestation efforts in Virginia. The decrease in pine reforestation is due to land loss and landowners not reforesting cut timber.
Mr. Bowen gave each Board member an itemized listing of the Department's budget reductions for FY2003 and FY2004 and explained the affect on personnel and programs within the Department. Mr. Garner stated the Department will close 5-10 county offices.
Mr. Garner gave each member an announcement of the Environment Virginia Conference hosted by VMI, which will be held in late April in Lexington, Virginia. He stated this is an excellent conference and is well attended. He distributed a draft agenda for this conference and encouraged all members to attend. The theme for this conference will be Water (water supply, water security, water quality, etc.). Mr. Carden suggested that the next Board of Forestry meeting be tied in with this conference.
The previous Board of Forestry made a request with Mr. Garner to meet with the new Board. The Board felt this was a good idea and will make invitations to the previous Board when logistics can accommodate their attendance.
Mr. Garner strongly recommended that the Board of Forestry and The Reforestation of Timberlands Board have a joint meeting.
Mr. Garner encouraged members of the Board of Forestry to join the Virginia Forestry Association.
Mr. Garner stated the Department of Forestry will not have any legislation for the 2003 General Assembly.
Action Items
Memorandum of Procedures
Mr. Garner stated each member had been given a copy of the Memorandum of Procedure (MOP), Amended June 24, 1999, via U. S. mail in early December, containing information on officers, meetings, agenda, committees, liaison assignments, attendance, and official records. The Board of Forestry is required by the Code to hold a minimum of three meetings annually between July 1 and June 30. The Department of Forestry will handle logistics and meeting arrangements for these meetings. Mr. Loving motioned that the Board adopt the Memorandum of Procedure as written with an effective date of January 7, 2003 (copy of updated MOP attached). All members were in favor. Motion carried.
Expense Account Policy
Each member had been given a copy of the BOF Expenses purpose, background, guidance which was adopted by the previous Board of Forestry in June 1999. Mr. Showalter motioned that the Board accept the BOF Expenses as written. Mr. Turner seconded the motion. All members were in favor.
BOF Officer Election
Mr. Garner stated that a Nominating Committee could be developed to nominate members for this committee. In the absence of Ms. Bates, Mr. Harrell, Acting Chair, tabled this action until the next meeting. Ms. Webster recommended that Ms. Bates appoint members for the Nominating Committee. All members were in agreement that Ms. Bates should appoint members for this committee. Mr. Chaffe will send each Board member a sample MOP for appointing Chair and Vice Chair for the Board.
Board Position Statements
Mr. Garner shared copies of Position Statements developed by the previous Board. He stated that he will only speak on behalf of the Board if a position statement is developed by the Board stating their position on the issue.
Ms. Whitmore suggested that a Legislative Committee be appointed to work with Mr. Garner during the 2003 General Assembly. Mr. Harrell asked for volunteers to staff this committee. Ms. Whitmore and Mr. Turner will serve as the Legislative Committee.
Committee Liaison Reports
No committee reports.
New Business
Mr. Garner stated legislation requires that draft minutes of Board of Forestry meetings be posted within ten working days after the meeting and that final minutes be posted within three working days of final approval of the minutes.
Mr. Harrell stated a motion that the previous Board be invited to meet with the current Board. Ms. Whitmore moved on the motion. Ms. Webster seconded the motion. All members were in favor.
Mr. Harrell stated the joint meeting between the Reforestation of Timberlands Board and the Board of Forestry will be carried to the next meeting agenda.
Scheduling of Next Meeting
The next meeting of the Board of Forestry will be held in conjunction with the Environment Virginia Conference in Lexington, Virginia. The meeting will be held from 1:00 - 5:00 p.m. on Tuesday, April 29. The Department of Forestry staff will make arrangements for the Board.
The Board discussed and approved to set a meeting for June 2 and 3 with a field trip and tour to International Paper in Franklin. The time has been set for 1:00 p.m. on June 2 for the tour and the official Board meeting for June 3. Mr. Turner will provide all Board members with a map. Details will be forthcoming.
Mr. McGlothlin invited the Board to come to Grundy. Tentative plans were set for September 29 and 30. Mr. Garner and his staff will work on logistics and get information out to the Board. Will require travel on Sunday, September 28.
Adjournment
There being no further business, Mr. Harrell made a motion that the meeting be adjourned. The meeting was officially adjourned at 11:43 a.m.
Respectfully submitted,
Donna Hoy
Recording Secretary
c: Board Members
Dr. Gregory Brown, VPI
Mr. J. R. Bush, VFPA
Mr. Paul Howe, VFA
Mr. John Washburn, ACF
Ms. Maxine Kenny, WMMT News
Mr. Steve Brooks, Virginia Forest Watch
Ms. Ann Duff, Smurfit-Stone Container Corporation
Mr. Gerald Gray, Virginia Forest Watch
Ms. Donna Pugh Johnson, Virginia Agribusiness Council
Ms. Martha Moore, Virginia Farm Bureau Federation
NOTE: Tapes of Board meetings are on file in the Office of the State Forester.
Minutes approved at April 29, 2003 Board of Forestry meeting.
Last modified: Monday, 19-Oct-2009 14:59:38 EDT
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