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Welcome to the Virginia Department Of Forestry

Meeting of the Board Of Trustees of the
Foundation for Virginia's Natural Resources

Minutes

January 15, 2007, 11:00 a.m.
Spots Fain Law Firm
Richmond, Virginia

Board of Trustees Members Present

Advisory Group Members Present

Guests

Recorder of the Minutes

Convene Meeting

Jay Gilliam, Chair, called the meeting to order around 11:00 a.m. and welcomed everyone in attendance. He thanked the Department of Forestry, as the primary agency partner, for their administrative support. He expressed appreciation for Spotts Fain providing the meeting space today.

Introductions

Everyone present introduced themselves.

Adoption of Agenda

With a motion from Agnes Anderson, the Agenda was adopted as written.

Approval of Minutes

With a motion from Jim Garner and a second from Ed Davis, the October 11, 2006, Minutes and the November 18, 2006, Special Session Minutes of the Board of Trustees were approved as written.

Financial Report

Brenda Taylor reported that donations to the Trust Fund have been received totaling $5,330.00. Expenses paid from the Trust Fund for web site design and "Last Child in the Woods" books total $723.09, leaving a balance of $4,606.91 in the Trust Fund to date. Expenses for travel reimbursement, food and lodging for meetings of the Board of Trustees and educational supplies have totaled $4,286.95; and the Department of Forestry has found a way to support some of the administrative costs of the Foundation with $5,713.05 remaining available for future expenses.

Chair Gilliam stated that future telephone conference calls would be held to a minimum due to expenses involved.

Activity Reports

Jim Garner stated that he plans to attend the next Board of Forestry (BOF) meeting as the Foundation's representative. BOF members have expressed interest in supporting the Foundation. Mr. Garner distributed the Foundation's brochure at the Virginia Agri-Business Council dinner on January 11, 2007. And over the past weekend, he was with the Float Fishermen of Virginia who donated $1,000 to the FVNR Trust Fund. Another recent donation solicited by Mr. Garner was $1,000 from Fred Scott of Bundoran Farm in North Garden.

Lee Stephens encouraged Board members to fully disclose emails regarding FVNR by sending copies of emails to Brenda Taylor who will store them for FOIA purposes. Mr. Stephens has spoken with members of the General Assembly (GA) who expressed interest in the Foundation and encouraged Board members to listen carefully to questions asked by members of GA. On behalf of the Stephens family, Scott Stephens, brother of Lee Stephens, made a $50 Christmas gift donation to the Foundation.

Jay Gilliam expressed his appreciation for the concise FOIA information sent him by Cindy Berndt of VDEQ. He announced that Brenda Taylor is setting up training by the FOIA Council, and any interested Board members may attend. Ms. Taylor will announce the date and time of the training.

Ed Davis stated that he is committed to moving forward with Outdoor Classrooms and, in cooperation with Ann Regn's Office of Environmental Education, hopes to develop one in each watershed by year's end.

The Foundation is close to requesting proposals from schools. After the review process, Board members will then approach potential donors with these specific proposals, possibly those who have already supported Virginia Naturally or FVNR donors. Chair Gilliam stated that FVNR is building on valuable work already done by Virginia Naturally in defining what constitutes an outdoor classroom. Mr. Davis expressed appreciation for the book made available to Board members, "Last Child in the Woods" by Richard Louv, which describes the divide between children and the outdoors. Another booklet recommendation is "How to Succeed in Fund Raising by Really Trying" by Lewis Cullman which is available on his web site in pdf format: lewiscullman.com.

Shelley Butler-Barlow reported that her area of responsibility has changed from the Blackwater/Chowan watershed to the Lower James watershed. Therefore, Ms. Butler-Barlow has been re-orienting herself within the Lower James region. She stated that there is lots of activity within the metropolitan area dealing with urban issues. She met with John Carlock, Deputy Executive Director for Physical Planning of the Hampton Roads Planning District Commission (HRPDC), which is the body that supports the Roundtable for the Lower James. The HRPDC is moving towards a tributary strategy project. She plans to attend a HRPDC meeting in February and another meeting of local legislators interested in environmental issues. She also plans to make contact with the Hampton Roads coalition, the Alliance for Environmental Education. Chair Gilliam praised John Carlock of HRPDC for his excellent work.

Chair Gilliam attended a meeting of Ducks Unlimited and the Department of Defense at Pocahontas State Park. Homeland Security is trying to increase the buffers around their facilities in Northern Virginia and Tidewater. He attended as a representative of the Shenandoah Valley and Western Virginia and learned a lot about the Governor's initiative to protect 400,000 acres during his term.

Recently, a telephone conference was held with Chair Gilliam; Dr. Judy Okay, USFS hydrologist; Amy Handen, National Park Service; and Rebecca Hanmer, director of the Bay Program at the EPA. These government representatives are very interested in the Foundation and strongly encouraged him to get in touch with the Chesapeake Bay Trust (CBT) which is a similar foundation in Maryland. A meeting is to be held on January 19 by the CBT regarding grants administration. Chair Gilliam contacted the CBT about attending; however, because FVNR is not a non-profit and has no staff, it does not meet the criteria for a grant from the CBT.

In December, 2006, Chair Gilliam wrote an article for The Virginia Newsletter, a publication by the Weldon Cooper Center for Public Service at the University of Virginia. The article featured the Foundation and its vision, mission and goals. Chair Gilliam stated that, in the article, he failed to mention the Chesapeake Bay Restoration Fund administered by Marty Farber (license plate money) and the Natural Resource Conservation Service. The article can be viewed on the fvnr.com web site.

Chair Gilliam announced that he has found someone to help maintain the FVNR Web site.

Jim Garner stated that, when he has approached donors for contributions to the Trust Fund and in promoting one of the Foundation's goals to establish outdoor classrooms in each watershed, two questions have consistently been asked of him:

  1. What is it the teachers are going to be teaching the children when the outdoor classrooms are developed - are the teachers environmentally oriented; and
  2. How will the outdoor classrooms be maintained. Mr. Garner stressed the importance of assuring donors that the outdoor classroom program will be a broad-based, balanced educational program and that outdoor classroom facilities will not be neglected but will be sustainable. He also stressed the importance of developing well thought-out criteria and standards for this program.

Ed Davis suggested that a regional person will be needed to visit the schools regularly to ensure that the outdoor classrooms are maintained and to provide new energy for the program. Ann Regn stated that it is important to make sure that this program is aligned with the SOL's (national and state standards) such as the model program, Project Learning Tree, which has been nationally field tested and endorsed as a balanced conservation program. Ms. Regn spoke with the Education Committee Chairman of the Virginia Association of Soil and Water Conservation Districts who expressed an interest in making outdoor classrooms one of the Association's priorities for the next couple years. She suggested that this may be a good partnership with people from over the state to help develop and maintain the outdoor classrooms so that this will be a well-balanced and scientific-based program.

Discussion followed on what an outdoor classroom is, not only a garden-type setting but also an actual watershed-based experience.

Business Plan

Lee Stephens distributed an executive summary and a two-page, month-by-month profit/loss financial projection for the Foundation's first year developed at the Special Session of the Board in November. Another one-page information sheet was distributed which will be given to members of the General Assembly on Tuesday. Some Board members expressed a desire to refer back to the Sweet Briar Retreat Minutes to be sure all goals have been included before the final copy is approved. Suggestions were made for revisions, and a full set of the latest version will be made available to Board members at the end of the meeting.

Brian A. Day, North American Association for Environmental Education (NAAEE)

Mr. Day, Executive Director of NAAEE, met with Chair Gilliam and Ann Regn in December, 2006, regarding the possibility of FVNR partnering with NAAEE and its 36th Annual Conference to be held in Virginia Beach on November 14-17, 2007. Mr. Day distributed a packet of information and described the benefits of this partnership for both NAAEE and FVNR. The NAAEE is a professional development association for environmental educators, which helps environmental educators come up to a professional level of standards developed by NAAEE (Guidelines for Excellence). Their proposal is to raise at least $50,000 in sponsorships and $25,000 for Virginia environmental educators to participate with the Conference. NAAEE will attempt on its own to raise another $100,000 plus from national sponsors. With over 1,000 people expected to attend the conference, this should be a very high profile conference for environmental education in Virginia. NAAEE would, jointly with the Foundation, approach givers, pitch environmental education and get them to make a commitment now. The Foundation would have a solid short-term project to raise funds for and a reason with a specific outcome to approach many of the donors the Foundation may wish to establish longer-term relationships with. The relationship with NAAEE would be primarily for one year. It is anticipated that 10% of the approximately $50,000 would go to the Hampton Roads Association for Environmental Education (HRAEE) to support Virginia teacher scholarships, but the Foundation would hold the funds since HRAEE is not a 501(c)(3) organization, until HRAEE is ready to use them; and the rest of the funds would basically be forwarded to NAAEE, and the sponsors would get the full credit through NAAEE and FVNR. The Foundation would not be involved in the organization of the conference in any way.

Topics to be covered at the Conference are: Conservation and Community Education, Technology Education, Marine Education, Sustainability Education, Service Learning, Environmental Justice and Cultural History, Fund Raising and Leadership Development.

Mr. Day stated that FVNR would be a terrific model for supporting environmental education by fund-raising and leadership development. What he would like to do is to encourage organizations that are supportive of environmental education--whether they're government, whether they're foundations, whether they're private businesses--to be supportive of this Foundation and they could see one really big project the Foundation wouldn't have to organize.

Ann Regn stated that this is an opportunity for Virginia educators to get experience at this conference for sustained, professional development in environmental education and conservation.

Mr. Day stated that the whole concept of NAAEE is to support voluntary conservation efforts and make environmental education stronger in the state. Never have our citizens in this country had to face as many kinds of personal and political decisions. And the problem is, most of us are not well enough educated to participate well in the political decisions nor do we have the information available to make good personal lifestyle decisions. NAAEE is committed to improving environmental literacy so that people can make their own decisions.

Chair Gilliam stated that, if Board members agree, the Foundation may subsidize 6 to 8 teachers from every river basin at $300 to $400 each to participate in this conference. The level of subsidy is still to be decided.

Chair Gilliam contacted Ron Jenkins, Assistant State Forester, Francis Campbell, VDEQ, and Robert Young, Deputy State Treasurer, and they all stated that they could see no obstacles to holding this money in the Trust Fund. Chair Gilliam will meet with Robert Young, Deputy State Treasurer, on January 16, 2007, to further discuss Trust Fund management.

As a part of this partnership, NAAEE and FVNR might jointly exhibit at the Environment Virginia Conference at VMI in April, which would make the Foundation much more visible.

David Paylor stated that the Foundation could benefit from having concrete project(s) that fit into the mission when moving forward to raise money. The Foundation needs to decide if this is the right time and opportunity for them.

David Whitehurst recommended that someone from the Foundation go with Mr. Day when he makes contacts with donors. Mr. Whitehurst suggested that 1) The Foundation should provide the scholarships to the teachers; 2) The Foundation should ask NAAEE to allow them to play a role when the Virginia Beach project is dedicated so the Foundation can receive publicity; and 3) The Foundation should receive a small percentage of revenue from the Conference.

Chair Gilliam stated that he would be willing to go with Mr. Day when contacting donors. Ed Davis suggested that other Board members might also be involved.

Jim Garner stated that the Foundation should clearly restrict its activity to scholarships only and that grant criteria should be in place.

Mr. Day assured the Board that the Conference has a local committee that includes people from the Hampton Roads Alliance, Ann Regn, and others that would develop criteria which the Foundation could review. Small committees would also review the criteria and applications for scholarships.

After discussion about the pros and cons of this venture, Ed Davis moved that the Foundation seek a Memorandum of Agreement through Chair Gilliam that would be developed very quickly if concerns of all Board members are addressed before anything is signed. The motion was seconded by Agnes Anderson. Further discussion ensued. Jim Garner asked for clarification of the motion. Mr. Davis stated that he is seeking a draft Memorandum of Agreement; and the Board would approve Chair Gilliam's signing of the agreement only after all concerns of the Board have been addressed. Chair Gilliam further clarified that what Mr. Davis is suggesting is that, if an agreement is successfully developed, the Foundation would enter into the partnership with NAAEE.

Agnes Anderson made a substitute motion to grant Chair Gilliam the authority to look into this [opportunity]; and if he feels this is something the Foundation can do legally and it's something Board members have discussed, the Foundation would enter into the partnership. Discussion. Rod Slayton asked for the motion to be amended to say "after consensus from the Board members." Lee Stephens expressed the importance of making sure that the grant criteria is included (one set of criteria for non-restricted funds and another for restricted gifts). After further discussion, Chair Gilliam called for a vote on the motion. Ed Davis seconded this substitute motion. Discussion. A vote was taken, and the motion carried by five yeas and three nays.

Chair Gilliam will expedite the development of the partnership with NAAEE for consideration by the Board.

David Whitehurst, Virginia Department of Game and Inland Fisheries

Mr. Whitehurst presented a DVD promoting the Virginia Wildlife Action Plan which unites natural resource agencies, sportsmen, conservationists, and citizens in a common vision for the conservation of the Commonwealth's wildlife and the habitats in which they live. The Action Plan is a 10-year strategic plan that is required for continued funding through the State Wildlife Grant Program, which is administered by the U.S. Fish and Wildlife Service. It also helps prioritize actions and spending for the greatest benefit. Adrienne Young's "Hills & Hollers" provided background music on the DVD.

David Paylor, Director, Virginia Department of Environmental Quality

Mr. Paylor encouraged the Board to be vigilant stating that the Foundation can play a role in the Governor's initiative of conserving 400,000 acres. What do we want Virginia to look like in 20 years? This is the challenge for young people today. The environment has improved since the 1960-70's, but there is still a lot to do.

Jim Garner stated that, in a recent publication by the Virginia Department of Forestry entitled, "Virginia's Forests, Our Common Wealth 2006," survey results indicate an average net annual loss of forest land of more than 26,100 acres since 2001 through development and land use conversion. Mr. Paylor stated that another 49,000 acres per year is also being lost by agricultural land being converted.

Mr. Paylor reported that the following legislative bills are being introduced:

Development of the Foundation's Criteria, Operational Procedures and Bylaws

Chair Gilliam stated that these are three distinct areas to be developed (three separate processes). Criteria means, what characteristics do programs have that the Foundation will be supportive of. This criteria might be positive (programs that have a quality assurance plan to make sure the data developed is of sufficient quality in order to be helpful to State agencies) or negative (the Foundation will not support antagonistic campaigns). Some criteria will be gathered from legislation and the Code of Virginia (i.e., the Foundation will support programs that involve environmental education, pollution prevention, and citizen monitoring of the environment). The process will be facilitated by an outside person(s) from another state agency (Ann Regn) and a work group from the Board by emails, telephone conferences and meetings. It was suggested that Board members with grant experience be on the work group.

Chair Gilliam circulated a notebook he put together which includes other organizations' bylaws, grant procedures and flow charts (Chesapeake Bay Trust, the Foundation Center, Board Source web site and the Alleghany Foundation). There will be a deliberate process of consideration for each area:

Active involvement of the Foundation's Advisory Group will be important during this process. David Whitehurst stated that he would share a book with Ann Regn that may be helpful entitled, "Boards that Make a Difference."

Harry Gregori reminded the Board of the Administrative Process Act and the public review process. Chair Gilliam will send a draft copy of the Foundation's Criteria, Operational Procedures and Bylaws to all Board members when completed so it can be reviewed before the spring Board meeting. Chair Gilliam stated that contacts will be made with the Office of the Attorney General to ensure everything is done correctly.

Ann Regn stated that there are more benefits than not from partnering with NAAEE. Supporters/donors will understand FVNR's priorities and will be pleased with the criteria developed.

Ann Regn distributed information on "Creating an Effective Fund Development Program" which included key steps and the culture of philanthropy.

The Board's Legislative Agenda

The Board discussed personal contacts to be made with members of the General Assembly on Tuesday, January 16, 2007, for the purpose of providing information to them on proposals for funding. The Foundation's projected budget spreadsheet was reviewed. David Whitehurst suggested that it may be helpful if a member of the Board could make a brief presentation to the House Ag and Conservation Sub-committee. The process of bills passing through General Assembly was discussed.

The Board agreed to make a request to Senator Hanger that he submit a budget amendment to the Senate and a mirror amendment to the House to allocate $150,000 to the Trust Fund based on the spreadsheet projections distributed by Mr. Stephens.

Lee Stephens stated that, thanks to the Department of Forestry's support and $5,000 plus in donations received so far, even if money is not allocated to the Foundation this year, the Foundation will continue to live; and discussion today will be a precursor for what the Board will do next year.

The following were offered as facts to get across to legislators in the brief time that's available to speak with them:

Mr. Stephens will print copies of the latest version of the Foundation's Business Plan for Board members to have in hand when talking to legislators. The one-page summary of the Foundation's vision, mission, goals and 2006 accomplishments will be distributed to legislators as well as FVNR brochures.

There was discussion of Board members possibly attending the Senate Finance Committee meeting on Tuesday at 9:00 a.m.

Chair Gilliam stated that, even if a small percentage of the $150,000 request is allocated, it will still be good seed money and a valuable model to build on.

Lee Stephens asked Eleanor Brown if the Foundation needs authority to create a corporation in order to form a tax-exempt charity pursuant to § 501(c)(3) of the Internal Revenue Code. Discussion followed of developing criteria for creating a corporation within the bylaws. A question was raised if a corporation could be established without legislation. Ms. Brown stated that precedence has already been set (Equine Center, Chippokes Plantation State Park, etc.). Further research is needed to determine proper language. Chair Gilliam stated that the Foundation is prohibited from receiving a donation from the majority of the private foundations in Virginia because it is not a 501(c)(3). A 501(c)(3) can be a trust or a foundation. Donations to the Trust Fund are tax deductible. Chair Gilliam reported that Senator Hanger recommended that the Foundation form a parallel non-profit.

Chair Gilliam will ask Robert Young, Deputy State Treasurer, in their meeting tomorrow, if this absolutely requires legislation or not.

New Business

Future meetings of the FVNR Board of Trustees are scheduled for April 11, July 11, and October 10, 2007, at the Virginia Department of Forestry's Central Office in Charlottesville.

The Foundation for Virginia's Natural Resources Board of Trustees meeting recessed at 3:50 p.m. and will reconvene at 11:45 a.m. in the cafeteria on the 6th Floor of the General Assembly Building on Tuesday, January 16, 2007.

Last modified: Friday, 07-Mar-2008 14:13:35 EST