Virginia Association of Soil & Water Conservation Districtsquarterly Board Meeting September

Virginia Association of Soil & Water Conservation DistrictsQuarterly Board Meeting ∙ September 25, 2012

Meeting called to order at 9:00AM. Invocation given by Pete Farmer and pledge of allegiance led by Lou Ann Wallace. Attendees introduced themselves: Ed Overton, JC Berger, Richard Chaffin, Ward Robens, Pete Farmer, Gavin Sanderlin, Steven Meeks, Suzie Brown, Keith Boyd, Herb Dunford, Darrell Marshall, Matt Poirot, Lou Ann Wallace, Wilkie Chaffin, Kendall Tyree, Beth Sokolik. Guests in attendance include: Bob Brian Wagner, Gianinna Ienco, Barbara Teeple, Sherry Ragland, Tom Turner, Gray Coyner, Jennifer Hoysa, Renee Morning, Laverne Calhoun, Rick Brown, Linda McAllister, Tara Williams.

Motion to approve the Association agenda by JC Berger. Seconded by Don Wells. Motion approved unanimously.

Motion by Don Wells to approve minutes of the July 25 Meeting. Second by JC Berger. Motion approved unanimously.

Don Wells presented the treasurer’s report which identified the expenditures from July 1, 2012 to September 18. JC Berger asked if all SWCDs had paid support service fees. Wells clarified that all 47 districts have paid with one district having paid half of the fee with an agreement to pay the remainder in December.

The FY2014 proposed budget was presented to the board for first review. The most significant change is the proposal to decrease Area Spring meeting support back to $100 per Area rather than $200 as we were able to do this past year. With increasing travel costs and other expenses and no increase in support service fees, a return to a $100 per area for support of the spring meeting is necessary. Wells also noted that there has been no increase in support service fees since approximately 2006 or 2007 and a discussion of an increase by $50 or $100 per district may be necessary.

Don Wells moved that the budget be approved as presented. Seconded by Wilkie Chaffin and motion was approved.

President Ed Overton then asked for the presentation of the legislative report which Don Wells, Legislative Committee chair presented. The report was included in board materials and filed with the minutes. Wells highlighted the draft legislative agenda which was organized by the legislative committee. Items include an increase in essential operating funds, support of increasing resources to meet the State TMDL programs in the Chesapeake Bay and Southern Rivers. Additional proposed legislative items include the support of establishing an Urban BMP cost share program, requesting additional funds for small watershed dam maintenance, garnering technical resources for shoreline erosion control, and ensuring support for Resource Management Programs.

Don Wells moved the report be approved by the board. Overton asked if there was any discussion or questions. With the report coming from the committee, no second needed. Motion to approve the legislative agenda and take before the full membership for approval was passed unanimously.

Wells noted one final item that was discussed by the legislative committee was brought forward by Area VI regarding staggered terms. The recommendation of the committee was to study this issue and re-discuss. Richard Chaffin asked if there was any discussion regarding the item brought forward by Area V. Don Wells stated that it will be kept on our legislative agenda for discussions and he will follow up further on the matter.

Wells added to follow up on the board’s approval of legislator of the year awards that two of the four approved in July have agreed to attend the VASWCD Annual Meeting and accept this award. Mays and Herring will be joining us and VASWCD staff continue to work with Watkins and Dance to accept their awards in person. Special service awards will be given to Paul Van Lenten and Clyde Cristman – House and Senate Appropriations and Finance staffers. Clyde Cristman will be joining the Annual Meeting to receive the award and VASWCD will continue follow up with Paul Van Lenten.

The federal legislative committee chair, John Peterson, is unable to be here today as he has pressing business at his local district. Ed Overton and JC Berger highlighted parts of John Peterson’s report which is included in board materials and filed with the minutes.

Ede Overton also highlighted parts of John Peterson’s NACD report. At the summer Southeast NACD meeting, Peterson was awarded the NACD Hall of Fame award. Tim Miles of Daniel Boone SWCD also attended the meeting and provided an excellent presentation of the Virginia showcase on their acid mine drainage work. Additionally, Kendall participated in the state executive director conference recently in Maine and had the opportunity to network and learnfrom fellow individuals holding her position in other states.

With no agriculture report at this time Ed Overton then called on the Operations committee report.

Richard Chaffin reported on the the Operations Committee and details from the subcommittee handling revisions to the Articles of Incorporation and Bylaws of the Association. With the proposed changes having been tabled at the last meeting, Chaffin asked that the AOI and bylaws be brought back to the table. This motion was seconded by Don Wells. Motion approved unanimously. With this motion, the floor was open for comment. Richard Chaffin stated that amendments could come from board members at this time if necessary or from the floor at the Annual Meeting. Gray Coyner stated that he had submitted through Jim Christian proposed changes to the bylaws and he encouraged the Area II chair to ask for these to be incorporated by the board. R. Chaffin, to clarify, stated that Coyner had indeed submitted a complete list of possible changes but if they were to be included they needed to be taken one by one.

ED Overton stated that if the committee report were to be approved today than it is an approval to simply move this item forward for discussion and approval at the business meeting of the membership at the Annual Meeting.

Wilkie Chaffin stated that two lawyers have now reviewed the document and both have found no concern with the articles and bylaws being considered.

Robert Brame of Culpeper SWCD asked to speak to the motion on the floor from the committee. Overton allowed. Brame stated that having a lawyer review on behalf of the Association does not give justice as a lawyer reviewing on behalf of the Association would look at it solely on behalf of the Association and not the full spectrum of district needs. He asked that the board please take into consideration alternatives that will help clarify 12b and provide a hearing for a district if district participation were to be limited because of failure of support.

In response, Richard Chaffin stated that frequently an organization’s participation is limited to those members who pay dues.

Ed Overton stated that there is a motion on the floor that needs to be addressed. Coyner claimed a point of order to ensure his Area II Chair be asked to address the earlier question he (Coyner) posed. W. Chaffin stated that, as not a member of the VASWCD board and only a member of the Association, Coynerdid not have the ability to call a point of order.

Overton called on Jim Christian for any final comments. Christian stated that he has been involved in discussion with the committee and others reviewing the document and appreciates input but at this time feels the document needs to be moved forward to the full membership for review at the Annual Meeting. Christian stated as someone with no background in law or experience he did not feel it was his place to make a selection of the proposed changes that have been brought forward by interested districts but reiterated that the motion here is to simply move this document forward for full review by the Annual Membership in December.

With no more discussion,the motion for approval of the revised articles and bylaws in order to take before the full membership at the Annual Meeting was called to a vote. Motion carried. The changes to the bylaws will be shared with the full membership shortly in order to meet the 60-day notification deadline. These proposed changes will therefore be forwarded on to districts immediately on behalf of the board.

Ed Overton thanked the committee that has spent much time reviewing these documents as well as the full board for their review and interested districts for submitting proposed amendments. Overton stated that this process has not halted and is a continuing process of discussions which will continue to ensure our operating documents are tailored most effectively.

At this time the marketing committee was passed over for later discussion once Chris Simmons, 2nd VP arrives. Therefore Ed Overton called on Greg Wichelns to present the Urban Committee report. Alyson Sappington, Urban Committee chair, submitted a report which is included in board packets and filed with the minutes. Greg Wichelns shared details that the committee has now successfully garnered four grants, totaling $57,138, to support the development and implementation of an urban/residential BMP cost share program, preliminarily called the “Virginia Conservation Assistance Program” (VCAP) within the four pilot districts (Culpeper, Thomas Jefferson, Piedmont, and Hanover-Caroline).

The next report presented is that of the IT Committee. Though the chair George Lamb the chair of the IT Committee is unable to be with us today, JC Berger and Gavin Sanderlin, IT Committee members, provided an update. Berger stated that one of the major items of work for the committee – garnering IT resource support - was included in the legislative agenda presented earlier by Don Wells. Berger noted that 39 districts have responded to the IT committee survey request which is helping formulate the recommendations of the IT Committee for improved IT resources. Overton thanked Gavin and Berger for their work and the amazing leadership that this committee has shown over the last few months.

Richard Chaffin asked if it would make any sense from a legislative standpoint for IT recommendations to become a budget item need? Don Wells responded that IT resources is an item in the legislative agenda and is a high priority. Additionally, he stated that through his work with the summer study there have been discussions to fund Technical Assistance and IT which is tied together as a package through the recordation fee which provides greater stability of funding.

Overton said that since we started the meeting we have had a number of new arrivals including Gary Hornbaker, Soil & Water Board member, Stephanie Martin of DCR, David Ball from Peter Francisco, and Debby Simmons and Chris Simmons an Associate and Director of Loudoun SWCD. These individuals were introduced.

At this time, Chris Simmons was asked to present the marketing committee report. The committee has invited Jeff Ishee to the upcoming Annual Meeting and will follow up in hopes he can attend. Simmons followed up on a previous discussion at the March meeting regarding the creation of a PR list. Simmons asked Area Chairs to encourage assistance with this. He reiterated that the VASWCD is not trying to step over lines but assist and create one consolidated list that will be a guide and resource aid for both the VASWCD and districts. However, districts may opt in or not based on their desires. Simmons would also like to start having a more formal half day meeting of the committee at the VASWCD office and has asked for support from Area Chairs on this matter.

Overton asked Area Chairs to review the handout in materials regarding Area elections. Per VASWCD files--Area I, Area II, and Area V are slated for elections in December. Overton reminded individuals that in March the board approved a list of Area Chair responsibilities which VASWCD staff will post online this week.

Ward Robens shared an Area I report. He highlighted the success of the Fort Defiance Envirothon team in Headwaters SWCD. A complete report is filed with minutes.

Jim Christian presented an Area II report. The full newsletter and handout is included in board packets and filed with the minutes. Christian highlighted the work of Loudoun on the first year of residential buffer plantings, the Thomas Jefferson Moores Creek watershed project, the NWFW small watershed grant received by John Marshall, and the work of Northern VA SWCD interns.

JC Berger, Area Chair shared highlights of Area III districts. Berger stated that at least two districts from Area III – Northern Neck and Three Rivers – have provided input into the summer study and others into the stormwater rollout.

Pete Farmer, Area IV Vice Chair, serving in Mike Altizer’s absence, noted that some districts are working on a grant through Virginia State on alternative farming practices. Farmer’s district is working with Extension specialists on this program and plans to continue for another four years.

Richard Chaffin, Area V Chair,acknowledged Deanna Fehrer of Piedmont SWCD and Sherry Ragland of Peter Francisco SWCD for their efforts in creating the Area V report included in packets and filed with the minutes. Each district in Area V contributed to the written Area V report.

Carey Copeland, Area VI Chairnotes that a full report is included in the packet and filed with minutes. Copeland reported that a major issue in Area VI is where they stand on the subject of SWCD re-organization. Peanut SWCD has lost a great deal of locality funding in recent times.

The meeting recessed for a ten minute break. Meeting called to order at 11:05.

Ed Overton introduced David Paylor who joined us today to discuss the issue of reorganization. Overton shared with Paylor that we held a district-wide conference call with folks about the possibility of reorganization and there are, without doubt, some concerns of a transfer. While the Executive Committee has met with Paylor, we wanted him to join us in this forum to shed more light on a possible transfer of districts to DEQ from DCR.

Paylor began by noting that no decisions have been made--simply discussions about government efficiency and possible shifts. Paylor stated that the governor has been interested in streamlining government and therefore created a government reform commission. All agencies have been reviewed to see if reorganization makes sense. Paylor stated that in 2005 the stormwater programs were within DCR, DEQ and CBLA and at that time there was a decision to consolidate to make reporting easier for businesses. At that time it was consolidated into DCR. The question is should DEQ be the regulatory agency or the water quality agency and at that time under Warner it was decided DEQ be more of a regulatory agency. As it was reviewed closer though, Paylor stated there was still confusion among the public. The question still remains – should DEQ be more of a regulatory agency or water quality agency.

Paylor stated there are four elements being considered for reorganization – stormwater permitting, TMDL process (which is currently divided between two agencies), nutrient management planning, and SWCDs. Paylor stated that for at least the first two pieces, he became more of an advocate that they fall under one agency because of efficiency needs and trouble experienced in developing the Bay WIP.

As far as this group is concerned, Paylor asked would it make sense assuming other elements of those mentioned move, should districts move also? He stated this is not a clear answer to him and welcomed input from attendees. Paylor made clear the importance of districts and the need to do what best fits SWCD needs.

Paylor stated that a strawman has been prepared for stakeholder review at an upcoming committee meeting on October 1 in which Ed Overton and Don Wells serve. This strawman was released late yesterday and outlines that the relationship with the agency would remain the same. He did note that if a transfer were to occur, that the resource management plan and district issues would still have oversight by the state soil and water board. Paylor mentioned that more regulatory items that the soil and water board currently oversees may then transfer to the Water Control Board.

Paylor made it clear that if a transfer were to occur a new division within DEQ would be set-up reporting to a different deputy, one not responsible for regulatory items, to ensure the program remains visibly separated, as it should, from regulatory items.

Wilkie Chaffin asked what programs are currently at DEQ that are not regulatory in nature. Paylor stated that there is indeed a non-regulatory side to DEQ that includes the Virginia Environmental Excellence Program, Coastal Zone Management Program (which has significant pass thru dollars in the Eastern part of the state), and the Environmental Impact Assessment work. This side of DEQ also has public outreach work as a part of it.

Brame asked that Paylor clarify what he meant as to where TMDLs and nutrient management planning would fit in the agency. Paylor said that if SWCDs were to stay at DCR then the State Soil & Water Board would also remain at DCR as fitting.