Board of Forestry
Minutes
September 30, 2003
The Board of Forestry met on September 30, 2003, at Breaks Interstate Park in Breaks, Virginia.
Convene Meeting
The formal Board meeting began at 8:30 a.m. on September 30, 2003. Those present were: Mary T. Bates, 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.
The Superintendent of Breaks Interstate Park welcomed the Board of Forestry to the Breaks.
Mr. Turner expressed his appreciation to R-6 personnel and others involved in planning the Board of Forestry field trip.
Call to Order
Mr. Turner called the meeting to order.
Ms. Hoy called roll.
Mr. Turner asked to add Dr. White to the agenda to discuss his visits with legislators. Hearing no objections, Mr. Turner made that change to the agenda.
Recognition of Guests and Visitors
Mr. Turner welcomed Harry Midkiff, previous Board member and retiree from the Department of Forestry, Dan Hammond, H & H Forest Management; Gary Long, President, Ridgerunner Forestry; Gerald Gray, Virginia Forest Watch; Chris Sullivan, Ed Stoots, Bill Miller, and Arthur Cox from the Department of Forestry. Mr. Bob Radspinner, Plum Creek Corporation, joined the group later on that morning to discuss the timber theft issue.
Approval of Minutes
Mr. Turner asked if there were any corrections/deletions to the June 3, 2003 minutes distributed earlier. Mr. Showalter made the motion to accept the minutes as written. Mr. Loving seconded the motion. Mr. Turner stated that the minutes would stand approved as recorded.
Hearing of Citizens and Delegations
Mr. Hammond, representing the Virginia Chapter of Association of Consulting Foresters (ACF), distributed a position statement to all Board members on the Forest Stewardship Program Administration. He expressed his appreciation to the Department of Forestry on the development and distribution of a report on the Department's Forest Stewardship Program.
Mr. Hammond reviewed the handout with the Board, providing more explanation. Since the Stewardship Program Report was on the agenda, Chairman Turner moved to this item for discussion. Mr. Turner asked Mr. Garner for his comments. Mr. Garner stated he would like to clarify that since he has been State Forester (21 years), he has met with the ACF every year, except for last year. He had received word from ACF that they did not feel a need to meet.
Mr. Turner suggested that the Board review/compare the recommendations of ACF against the recommendations in the Department's Forest Stewardship Program report. It was pointed out the main difference between the two was the sliding scale and the difference in the cost of the plan. Mr. Garner asked why the ACF recommended the fixed rate instead of the sliding scale. Mr. Hammond responded that with the maximum cap on the plan, this would limit the amount any one landowner would get. Between the $500 minimum and the $2,000 maximum, ACF felt the $3.75 rate was representative of the work involved.
Mr. Showalter suggested that an incremental cost scale be used. Mr. Garner stated that an incremental scale was used in the past, but ACF had requested that DOF not use this method for payment.
After much discussion and questions, Mr. Loving suggested that Mr. Garner, the State Stewardship Committee, and the Association of Consulting Foresters get together and come up with one recommendation for the Board of Forestry. Ms. Whitmore questioned if there was a timeframe to resolve this issue. Mr. Garner stated that the issue should be resolved during the next Federal fiscal year.
Chairman Turner asked Mr. Gray, representing Virginia Forest Watch, if he would like to address the Board. Mr. Gray welcomed the Board of Forestry to Southwest Virginia. He stated that Forest Watch would like to see the Department of Forestry recover the costs incurred for water quality. He also stated Forest Watch feels a need for improved laws regarding timber theft. Mr. Gray encouraged the Board to look at ways to deal with the continued loss of 50,000 acres of timberland per year.
Information Items
Natural Resource Agencies Funding: Mr. Showalter discussed the Natural Resources Summit that was held in Williamsburg earlier this year. One of the primary recommendations from the Summit was to correct the fundamental shortage of funding for natural resources in the Commonwealth. In order to address this issue, Governor Warner formed a Commission to make a recommendation to improve funding for natural resources. Mr. Showalter was a part of the 22 person Commission. The Commission will submit a report to Governor Warner by early October addressing options for use of the general fund and some recommendations on possible ways to increase funding from non-general fund sources.
The general fund approach asked that $49 million per year be restored to natural resource agencies over the next biennium ($22 million FY 2005, $27 million FY2006). This would raise natural resource funding back to 1 percent of the general fund budget. The Commonwealth is currently 50th of all states on a per capita funding basis.
The Commission agreed to recommend that the 2004 General Assembly establish a Virginia Historic and Natural Resources Fund. Two recommendations for funding sources were made: to establish a $2/month water utility fee and a $10 recording fee directed toward this fund. Charging the utility fee and the recording fee would generate approximately $65 million per year, and would generate approximately $85 million in federal, local, and private matching funds for a total of approximately $150 million a year.
The money in this fund would be split between the water quality improvement fund and the land conservation fund. A Board would oversee the distribution of the funds.
Mr. Showalter stated that the report includes a separate paragraph in each case that addresses the needs of the Department of Forestry. The Department of Forestry would be allowed to draw from the Natural Resources fund.
Board Consolidation Hearing: Chairman Turner reported that the Joint Legislative Review Committee held the consolidation of the RT Board and the Board of Forestry hearing in Richmond. The Board of Forestry had taken the position of opposing the consolidation of the two boards. The Committee decided not to consolidate these two boards.
Report from Timber Theft Task Force: Mr. Radspinner, Plum Creek Corporation, talked with the Board on the timber theft issue. He reported there are currently two cases of timber theft pending in Virginia and West Virginia. Mike Mortimer with Virginia Tech reviewed timber theft activity in Virginia and other states. In 2001, Plum Creek Corporation, in cooperation with Virginia Tech and the Department of Forestry, held a timber security workshop. This workshop included case studies, individuals to talk about investigative techniques, and the South Carolina Forestry Commission discussed their program on timber theft investigations and prosecutions.
A research study was conducted on this problem in Kentucky, West Virginia, Tennessee, and Virginia (20 counties total). The survey was handled mostly through phone calls to law enforcement personnel, prosecuting attorneys, and private landowners in these states. The study showed the law enforcement personnel and prosecuting attorneys were generally knowledgeable regarding timber theft and trespass. However, landowners did not have a good feel for where their property lines are located, maintenance lines, etc. This made it hard to prove criminal intent, so most of the cases were handled as civil. The impact of the theft in these 20 counties was conservatively estimated at 120 incidents per year resulting in a loss of approximately $300,000.
Mr. Radspinner emphasized the need to continue promoting awareness of the problem throughout the forestry community and the need to increase education and awareness of landowners on timber theft. The Department of Forestry is working on a brochure on timber theft that will be circulated to landowners.
The study is available on the web at http://scholar.lib.vt.edu/theses/available/etd-05212003-153313/unrestricted/timb_theft_thesis.pdf. Mr. Radspinner encouraged the Board of Forestry to follow the timber theft issue.
Mr. Loving stated he would like someone from the Sharp Logger Program to address what is done within the state relative to the adjoining states to draw some valid comparisons for those that are not familiar with the program. Chairman Turner reported that Virginia Tech has a contract to handle all of the training in Virginia.
The Forestry Issues Council Report is not available for review at this time. Chairman Turner stated he would provide the Board with information received from the Forestry Issues Council on legislation that will be presented at the upcoming General Assembly. A subcommittee made up of Ms. Webster, Mr. McGlothlin, Mr. Loving, and Mr. Goodall will follow the timber theft issue and report to the Board.
State Forester's Report
Mr. Garner handed out a "Draft Audit Report" for water quality. This is the first report that shows what the audits mean and what they show. Mr. Garner asked the Board to send him any comments/questions once they had reviewed the report.
The Department has closed on the Sandy Point property --1,200 acre State Forest -- purchased through the Forest Legacy Program. Chesapeake Corporation formerly owned this tract. The Nature Conservancy purchased it and the Department is in the process of purchasing from them. Hoping to have 1,500 acre purchase next year through the Forest Legacy Program. Acquired 400 acres on Dragon Run in a cooperative effort with Department of Environmental Quality.
Starting the process for the Department's 2004-2006 budget. Mr. Garner stated the priorities for the Department are:
- Two-way Radio Replacement
- Vacant Positions
- Training Plan
- Restore General Fund Dollars to RT Program
- Equipment
The Department's Strategic Plan has been placed on the website for public comment. Mr. Garner stated this is a work in progress and he would appreciate comments/thoughts from the Board.
The Forest Inventory Data is on the Department's website. Mr. Garner has asked Mr. Scrivani to develop a briefing for the Board of Forestry. Hopefully, will be able to present this information at the January meeting.
Will hold a joint meeting with the U. S. Forest Service on October 1 to start the process of putting together a comprehensive "state of Virginia's forests". Will look at trends since 1940 and look ahead at challenges for the future.
The Water Quality Task Force subcommittee developed a report requesting the Department of Forestry to look at ways to streamline the water quality process. Some of their recommendations are being implemented. The notification form will be revised. A notebook for loggers will be developed for the loggers to use in the field. This notebook will have all information they need when they call the 1-800 number to report a logging job. The process will change for dealing with repeat offenders. For those repeat offenders on the same tract, the Department will automatically go to conference and not make recommendations. The recommendation form will be redesigned so it will be clearer for the logger. Currently in the process of improving our data input at Central Office. Also looking at field data recorders so the foresters can enter the data in the field. Once entered at the field level, the data will be transferred to Central Office. The recommendation for a special water unit cannot be done at this time. The Department does not have resources to create this unit.
Action Items
Cabinet Secretary Location for DOF: Chairman Turner shared House Joint Resolution No. 574 which was introduced in the 2003 General Assembly to create a Secretariat of Agriculture and Forestry, and a position paper from Virginia Agribusiness Council supporting such creation. He opened the floor for comments. Ms. Webster stated she would like to see the Board support the creation of a Secretariat of Agriculture and Forestry. Mr. Showalter stated he has heard concerns expressed over whether the Department would be financially better off under Secretary of Natural Resources. He feels this idea should be entertained as well. He also stated that in talking with people in Richmond and other locations, he hasn't heard anyone supporting the Department staying under Secretariat of Commerce and Trade. It is his understanding that moving the Department of Forestry would not be an issue with Secretary Schewel. Mr. Loving stated that he would like to see the Board endorse a move for the Department of Forestry into a Secretariat of Agriculture and Forestry. Ms. Whitmore stated that the options would be to stay within the Secretariat of Commerce and Trade, moving to a newly created Secretariat of Agriculture and Forestry, or to Secretariat of Natural Resources and that the Board needs to look at where the funding source would be the greatest. Ms. Webster suggested that the Board hold this issue until the decision is made to create a new Secretariat. Mr. Showalter felt the Board needed to keep this issue on the agenda and be informed of updates at each meeting until a decision is made. Chairman Turner encouraged Board members to talk with their constituents and ask their opinions. This issue will remain on the agenda for future meetings and updated information will be distributed to Board members.
Position on DOF Legislative Proposal
The Board was given a position paper to support the enforcement authority for "failure to notify DOF of harvesting activities" by shifting the enforcement authority from the Office of the Attorney General to the Department of Forestry. Mr. Showalter made the motion to approve the position. Mr. Loving seconded the motion. All members were in favor, the motion passed.
Committee Liaison Reports
Virginia Forest Issues Council: Ms. Webster and Chairman Turner attended this meeting. This is a large group of individuals representing various associations and public entities. Several issues that this group is looking at for the 2004 General Assembly session is timber theft and the right to practice forestry. This group will be a strong voice for forest industry and the Department of Forestry.
Land Conservation: Mr. Goodall reported that there is no real Land Conservation Alliance or Council. Mr. Showalter added that the Nature Conservancy plans to form a subcommittee to address land conservation. Since it has not been established at this point, Mr. Showalter stated there is an opportunity for either the Department of Forestry or the Board of Forestry to have a member on the subcommittee.
Virginia Forestry Association: Ms. Webster reported that VFA is in the process of moving into their new building.
Virginia Loggers Association: Mr. Loving reported that the Virginia Loggers Association voted to support the proposed legislation regarding notification. Their annual meeting will be on October 17-18 at Paul Camp Center in Franklin. Mr. Loving plans to attend part of the meeting.
Water Quality Task Force: Mr. Garner reported that the Board of Forestry would receive notification of the Water Quality Task Force meetings as a FYI. The main topic of the July meeting was the proposed change to the enforcement authority.
Legislative Committee: Chairman Turner reported that Secretary Schewel had visited Mr. Burke's Tree Farm. He and Ms. Whitmore will make a visit to Secretary Schewel to discuss issues important to the Department.
DOF Activities: Ms. Whitmore expressed her thanks to the Department for the tour that was given the day before the Board meeting. Mr. Loving added he would like to thank Mr. McGlothlin for hosting the Board in Southwest Virginia.
Other Business
Mr. Loving reported he had made seven visits over the last month to local Senators (2) and Delegates (5) in Southside. Mr. Winston, Regional Forester Farmville, attended all of these meetings except two. Mr. Loving plans to make more visits after November 1. He encouraged other Board members to visit with their legislators.
Dr. White made one additional visit since the last meeting. He would like the Board to develop a process for sending legislators selective information. In two of his visits, the legislators indicated they did not have much information on the Department of Forestry.
Scheduling of Next Meeting
The next meeting of the Board will be January 27, 2004 in Richmond. Ms. Webster announced the Virginia Forestry Association extends an invitation to the Board to meet at their new office. This meeting will coincide with the 2004 General Assembly Session. Details will be forthcoming.
There was some discussion about having the January meeting in conjunction with the Legislative Breakfast. The date for the Legislative Breakfast is January 16, 2004 for those Board members that wish to attend. The date for the next meeting will remain January 27, 2004 at the Virginia Forestry Association office.
Adjournment
There being no further business, Mr. Turner made a motion that the meeting be adjourned. The meeting was officially adjourned at 11:35 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. Cliff Rexrode, ACF
Ms. Maxine Kenny, WMMT News
Mr. Steve Brooks, Virginia Forest Watch
Ms. Ann Duff, Smurfit-Stone Container Corporation
Mr. Jim Mooney, Virginia Loggers Association
Mr. Gerald Gray, Virginia Forest Watch
Ms. Donna Pugh-Johnson, Virginia Agribusiness Council
Ms. Martha Moore, Virginia Farm Bureau Federation
Mr. Roger Sherman, MeadWestvaco Corporation
Ms. Staci Henshaw, Auditor of Public Accounts
Mr. Charles F. Finley, Jr., Forest Landowners Association
NOTE: Tapes of Board meetings are on file in the Office of the State Forester.
Last modified: Friday, 07-Mar-2008 19:13:20 UTC