Board of Forestry
Minutes
January 27, 2004
The Board of Forestry met on January 27, 2004, at the Virginia Forestry Association Office in Richmond, Virginia.
Convene Meeting
The formal Board meeting began at 9:00 a.m. on January 27, 2004. Those present were: McChesney Goodall, III, Melvin L. Harrell, R. Easton Loving, Alpheus L. White, C. Harrell Turner, Anitra B. Webster, William T. Carden and James Garner, James Bowen, John M. Carroll and Donna Hoy with the Department of Forestry.
Call to Order
Mr. Turner called the meeting to order.
Ms. Hoy called roll.
Mr. Turner reported that Ms. Whitmore had indicated she was resigning from the Board of Forestry due to health problems and moving out of state. Action will be taken to replace Ms. Whitmore once her resignation letter is received.
Recognition of Guests and Visitors
Mr. Turner welcomed Paul Howe, Virginia Forestry Association; Jim Mooney, Virginia Loggers Association; Gerald Gray, Virginia Forest Watch; Roger Sherman, MeadWestvaco; and John Scrivani, Department of Forestry.
Approval of Minutes
Mr. Turner asked if there were any corrections/deletions to the December 15, 2003 minutes distributed earlier. Hearing none, Mr. Turner stated that the minutes would stand approved as recorded.
Hearing of Citizens and Delegations
Mr. Howe distributed the latest version of House Bill 493 on timber theft. He stated he was hearing concerns about the section on larceny. Mr. Howe stated the Senate version, SB548, is very similar.
Mr. Howe stated he would appreciate the Board of Forestry taking a position to support these two bills. He also requested that the position of the Board be relayed to the Secretary of Commerce and Trade as soon as possible.
Mr. Howe reported there were budget amendments being submitted. The Virginia Forestry Association and the Forest Issues Council are supporting and working to get these passed. He stated that anything the Board could do to take an official position and to notify the Secretary of Commerce and Trade of that position would be very helpful.
Mr. Gray talked about House Bill 1021 introduced by Delegate Dillard reference the water quality law. This bill addresses requirements for information to be reported to the State Forester and the date on which the silvicultural activity will begin. It also addresses the use of a summons rather than going through the informal conference procedure, allowing pre-payment of the fine. A section was added to require an inspection of the logging job within 10 days of notification to the Department of Forestry. There will be a waiver of initial 10-day inspection if a preharvest plan prepared by a forester is submitted at the time of the notification. In addition, this bill would allow the Department to charge a fee to recover costs for inspections conducted.
Mr. Gray talked about House Bill 1020 on timber theft. He stated he felt it was important for the person doing the timber cutting to have the harvest boundaries marked and to notify the adjoining landowner to try and avoid the problem before it occurs. He felt the penalty should be increased for innocent trespass.
Information Items
Mr. Loving reported that the sub-committee comprised of himself, Ms. Webster, Mr. McGlothlin, and Mr. Goodall met at the Department of Forestry Central Office in Charlottesville on January 14 to discuss the timber trespass/timber theft legislation. Minutes of that meeting were distributed to all Board members, and are attached.
There were four areas of concern regarding the proposed Bill: 1) determination of rightful owner, 2) language in Section 55-332.1, paragraph D as it pertains to current Department staffing and funding levels, 3) compensation from defendants in theft/trespass cases in order to comply with Best Management Practices, and 4) notification of adjoining landowners prior to harvest.
Mr. Goodall stated that he didn't feel that loggers should be told they have to notify adjacent landowners. He feels it should be voluntary; let them cover themselves if they want.
Ms. Webster had suggested that information be distributed through the SHARP logger training or Virginia Forestry Association publications. Mr. Loving met with the SHARP logger program coordinator, Scott Barrett. Mr. Barrett stated that notification is not a discussion point in the current leaders guide, but that it is going to be added.
Mr. Garner reported that changes have been made to the original bill. On concern #2 referencing the Department of Forestry, the wording was changed from the State Forester "shall" to the State Forester is "authorized" to. For the first year, there will be no monetary impact on the agency. Will be studying other states to see how they do it, what kind of process is needed (policy, resources, etc.). The second year would need a maximum of 3 people, focused in area of state where the study was done in Southwestern Virginia. Will move into this slowly based on type of program and need.
Mr. Garner stated that some individuals are questioning why the Department of Forestry is in the bill. If the Department of Forestry is not included in the bill, then we can't do anything to help enforce timber theft. Mr. Garner reported the Department has had no adverse reaction from law enforcement agencies.
Ms. Webster moved that the Board take a proactive position on this legislation to promote House Bill 493, including notification of Secretary Schewel of the Board's support of this bill. Mr. Loving seconded the motion. Motion passed.
Mr. Scrivani made a presentation to the Board of Forestry on the 2001 Forest Inventory Analysis data.
State Forester's Report
Mr. Garner and the Board of Forestry recognized Mr. Charlie Becker for his initiative with the Rural Economic Development program. The U. S. Forest Service had planned to present Mr. Becker with an award, but due to weather, was unable to make the presentation.
At the beginning of last week's House Committee on Conservation and Natural Resources, the Friends of the Lower Appomattox River presented Mr. Garner with a Public Service award for the Department's efforts in helping to secure a Nature Center, Conservation Education Center and a natural area along the Lower Appomattox River for young people.
Mr. Garner reminded the Board that when a Committee or Sub-Committee of the Board meets, minutes are required to be recorded and posted to the Internet as an official meeting of the Board. The Department of Forestry will have an official recorder/notetaker for each of these meetings.
Mr. Carroll reported on the Forest Stewardship Plan Procedures Review Meeting held on January 14, 2004 at the Department of Forestry Central Office. Each member was given a copy of the meeting minutes. Attendance included Mr. Loving and Mr. Goodall of the Board of Forestry; Mr. Long, Mr. Wright and Mr. Hammond, Consulting Foresters; Mr. Starr and Mr. Carroll with the Department of Forestry. He stated the issue with the Department is the lack of Stewardship Plans being done. As a result, a plan is being devised to increase plans by private consultant foresters and Department of Forestry foresters.
The Department of Forestry will continue to charge $5.00 per acre for tracts larger than 200 acres. Plans for less than 200 acres will be at no charge to the landowner. Landowners will be made aware of the cost of plans, even though they may not have out of pocket expenses.
eVA (Electronic Virginia) will be used to pay consultant foresters. Consultant foresters will need to register with eVA in order to get paid for the stewardship plans. State agencies are mandated to use eVA for their purchasing.
Mr. Starr and Mr. Worrell will arrange certification training for consultant foresters who wish to do stewardship plans. The training will be held at the Department of Forestry Central Office.
Mr. Carroll stated that the failure to communicate on a regular basis was a big issue. The Stewardship Program Manager, Deputy State Forester, and representatives from the Association of Consulting Foresters will meet annually.
Mr. Bowen reviewed the Department of Forestry's 2003-2004 budget and budget reductions and the appropriation for 2004-2005. He reported there are funds in the Budget Bill for the replacement of the Department's radio system. The radio system will be purchased through the Master Equipment Lease Program. Funding for this system is contingent upon the Governor's tax reform bill getting approved.
Mr. Garner reported that Delegate Sherwood has submitted a budget amendment that would cover radios if the bill doesn't pass.
Mr. Garner expressed thanks to the Forest Issues Council and their support of the Department. They have submitted 3 budget amendments. One for radios, equipment needs, and for General Fund money for the Reforestation of Timberlands (RT) program. Priorities for the Department will be radios, equipment needs and replacement of the RT money.
Mr. Garner also expressed his thanks to the Board of Forestry for their support of the Department. Every member has done something for the agency in terms of visibility, legislative contacts, etc. Mr. Garner stated it has been real rewarding to see the participation, interest, and support to the agency.
The Christmas tree for the 2004 White House lawn will come from Virginia. This is a joint effort between the U. S. Forest Service and the Department of Forestry. The George Washington/Jefferson National Forest is responsible for getting the tree to Washington.
Mr. Garner gave the Board an overview of legislation affecting the Department.
House Bill 947 allowing the State Forester to collect civil penalties for failure to notify of commercial harvesting of timber passed the House and has been communicated to the Senate.
Senate Joint Resolution 75 has been referred to Committee on Rules. Senator Ticer asked Mr. Garner for talking points to use at the committee meeting. Ms. Webster asked what Board members could do if not able to make a personal visit with General Assembly members in Richmond. Mr. Garner stated that Board members can call, fax, or e-mail members of the Senate Rules Committee. Chairman Turner noted that when this bill passes, a sub-committee will be established to meet and address the requirements of this bill.
The bill to establish a Secretary of Agriculture and Forestry reported from the House and Senate. The Department of Mines, Minerals and Energy and the Milk Commission have been stricken from the list of agencies to go to the new Secretariat.
Senator Blevins introduced a bill to exempt GIS data from the Freedom of Information Act. If GIS data is exempted from the Freedom of Information Act, the Department couldn't share data with anyone. The Department of Transportation and Virginia Economic Development Partnership would have the same problem. Senator Blevins has indicated that he will try to handle our concerns.
A bill was introduced to sell a firearm to State employees upon their retirement. The Department of Forestry was added to this bill.
Delegate Phillips introduced a bill to require seeding of log roads. Mr. Garner stated that he had met with Delegate Phillips and told him that this bill will not do what he wants done.
The Department tried to get State Forest regulations transferred from Department of Conservation and Recreation to the Department of Forestry. Department of Conservation and Recreation has agreed not to repeal these regulations, but put them on hold until next year.
A new agency has been created and will consolidate Information Technology staff throughout the state. The Department of Forestry will loose 4Information Technology positions to the Virginia Information Technology Agency (VITA). All technology equipment will become property of VITA. The Department will pay a monthly fee for maintenance and upkeep for each computer, telephone, etc. From what we've seen, the bill will be approximately $750,000 a year. The Department will look at how much money we've spent on Information Technology for the last 3-4 years and compare to what VITA wants us to pay monthly.
Action Items
Stewardship Plan Recommendations: Mr. Loving made a motion that the Board accept the proposal as reported by Mr. Carroll and proceed with implementation of the plan. Ms. Webster seconded the motion. Motion passed.
Mr. Turner suggested that a sub-committee be formed to review the Department of Forestry's budget. This sub-committee will work with Mr. Bowen and report to the full Board at future meetings. The sub-committee will consist of Mr. Loving, Dr. White, and Ms. Bates. Mr. Loving will be the Chair.
Committee Liaison Report
Mr. Harrell reported that the Virginia Forest Products Association would hold its annual convention on January 30th in Williamsburg.
Mr. Loving reported that the Hurricane Isabel weight exemption for hauling damaged timber was not extended.
Other Business
Mr. Turner reported that new Board of Forestry officers needed to be elected. He asked that the Nominating Committee, consisting of Ms. Webster and Mr. Showalter, make a report at the March meeting.
Scheduling of Next Meeting
The next meeting of the Board will be March 30, 2004, 1:00 p.m. at Virginia Military Institute, Lexington, Virginia. This meeting will coincide with the 2004 Environment Virginia Conference.
The summer meeting will be held in the Front Royal area on Wednesday, July 14, 2004. Details will be sent at a later date.
Mr. Harrell reported that the Game and Inland Fisheries Board has requested a joint meeting of the two Boards at Cumberland State Forest. This meeting will be held at Cumberland State Forest on October 19-20, 2004. Details will be sent at a later date.
Adjournment
There being no further business, Mr. Turner made a motion that the meeting be adjourned. The meeting was officially adjourned at 12:23 p.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 19:13:22 UTC