Virginia Association of Soil and Water Conservation Districts Motions – December 2012 through September 2013 December 2, 2012 Board Meeting Treasurers Report: Don Wells presented the Treasurer’s Report. All Districts have paid their membership dues in full. Don made the motion to accept the Treasurer’s Report and file for audit. Second by Peterson. Decision to accept and file unanimous. Don Wells will present the full legislative agenda at the Tuesday membership business meeting. Motion to accept the Legislative Agenda as discussed and present to the full membership made by Wells. Second by Mike Altizer. Decision unanimous. Director Wells discussed the VASWCD policy book as included in materials and filed with the minutes. The policy book will be presented to the full membership at the Tuesday business meeting. Wells recommended the VASWCD policy book be updated to reflect any changes that have been previously approved and to reaffirm the position on Uranium mining. Motion by Don Wells. Second by Richard Chaffin. Vote unanimous. DCR Technical Advisory Committee (TAC) and Area Chair Representation - Currently VASWCD policy says that the Area Chair is a member of the TAC committee and his/her alternate must be a Director. Director R. Chaffin expressed his interest in changing the policy so that Area Chair should not be required to serve on this committee without the option to appoint a proxy. Director Jim Christian, Area II Chair, commented that he has a proxy that attends the TAC Committee. Director Robbins, Area I Chair, commented that he also sends a proxy. Director Wells commented that the proxy should be a consistent member. Director R. Chaffin feels a Director should have the option to appoint a staff member and not be limited to a fellow director as an alternate on the committee. Director Wells feels it would be acceptable to take this recommendation to Director Johnson. The motion was made to request the Director of DCR to allow the VASWCD Area Chair to appoint a representative to the TAC Committee that can be a fellow Director, Associate or SWCD staffer. Motion by Richard Chaffin. Second by Jim Christian. Vote unanimous. Nominating Committee Report -Ward Robens presented the report from the nominating committee. The following individuals were recommended for officer: Lou Ann Wallace, President; Chris Simmons, First Vice President; Richard Chaffin, Second Vice President; and John Peterson as NACD member. Motion to accept the nominating committee’s recommendations and present to the full membership at the upcoming business meeting made by Mike Altizer. Seconded by Jim Christian. Vote unanimous. Having heard Area Reports and details on consolidation discussion, Lou Ann Wallace made the motion, seconded by Richard Chaffin, to adopt the following: Motion: In order to provide the most effective and efficient water quality planning, management, and operation for all the citizens of the Commonwealth, the Virginia Association of Soil and Water Conservation Districts supports the consolidation of Virginia’s water quality programs within the Department of Environmental Quality (DEQ) under the following conditions: All voluntary programs administered by soil and water conservation districts will remain voluntary after the consolidation of water quality programs within DEQ. DEQ will provide technical and financial assistance to districts through a DEQ division completely separate from DEQ regulatory programs. Conservation District Coordinators and other Department of Conservation and Recreation employees providing support for district programs moving to DEQ will be transferred to DEQ. The Virginia Soil and Water Conservation Board (a state citizen board) will retain oversight of soil and water conservation district programs, making decisions on district operational funding, Agricultural Best Management Program, nutrient management regulations, resource management plans, and other programs related to districts. Regulatory programs including erosion and sediment control, stormwater management, MS4 and Total Maximum Daily Load should be transferred to the State Water Control Board. 1 Wilkie Chaffin made the move to formally adopt the two amendments as presented by Area II (noted above in the Area II Report). Nays – Mike Altizer, JC Berger, and Carey Copeland Ays – Jim Christian, Wilkie Chaffin, John Peterson, Chris Simmons, Don Wells, Lou Ann Wallace, Ed Overton, Ward Robens, Richard Chaffin Motion to approve motion as amended: Aye Vote – Jim Christian, Wilkie Chaffin, John Peterson, Chris Simmons, Don Wells, Lou Ann Wallace, Ed Overton, Ward Robens, Richard Chaffin, JC Berger Nay Vote – Carey Copeland, Mike Altizer. Motion as approved (10Y, 2N): In order to provide the most effective and efficient water quality planning, management, and operation for all the citizens of the Commonwealth, the Virginia Association of Soil and Water Conservation Districts supports the consolidation of Virginia’s water quality programs within the Department of Environmental Quality (DEQ) under the following conditions: All voluntary programs administered by soil and water conservation districts will remain voluntary after the consolidation of water quality programs within DEQ. DEQ will provide technical and financial assistance to districts through a DEQ division completely separate from DEQ regulatory programs. Conservation District Coordinators and other Department of Conservation and Recreation employees providing support for district programs moving to DEQ will be transferred to DEQ. The Virginia Soil and Water Conservation Board (a state citizen board) will retain oversight of soil and water conservation district programs, making decisions on district operational funding, Agricultural Best Management Program, nutrient management regulations, resource management plans, and other programs related to districts. Regulatory programs including erosion and sediment control, stormwater management, MS4 and Total Maximum Daily Load should be transferred to the State Water Control Board. Recommends that districts be placed under a division of soil and water conservation and a logo be developed to be placed on all forms and correspondence and that DEQ recognizes that the Division of Soil & Water Conservation is a non regulatory advisory service to the citizens of the Commonwealth. Districts will not be expected to report suspected regulatory violations. The approved motion will be taken to the full membership at the Tuesday, December 3, 2012 business meeting as a recommendation from the VASWCD Board. With no further business, a motion to adjourn the VASWCD meeting was made by Overton. Second by Wallace. Adjourned at 7:36pm on Monday, December 3, 2012. April 4, 2013 Board Meeting A motion to approve the minutes of the December 2012 meeting made by John Peterson with a second by Ricky Rash was approved unanimously. Wells moved to accept and file for audit the treasurer report, seconded by Peterson and the motion was approved. Wells moved to increase support service fees by $100 per district. Richard Chaffin seconded the motion. Jim Christian asked if this would cover VASWCD needs. Wells was uncertain it would be a great enough increase to cover all VASWCD needs but believes that this $100 increase along with other grants received will be of great assistance. Additionally, Wells noted that the amount of the increase can’t be too significant or high as we must also recognize local SWCD needs. Richard Chaffin asked about a two-tier approach with a $100 increase this coming fiscal year and $100 the following year. Wells commented that this approach might be difficult with the uncertainties that exist about future SWCD operational funds. Jim Christian would like to see a one page justification of why we need to increase support 2 service fees to assist him with educating districts in Area II for this need. Ward Robens reiterated the need for a support document. Peterson called for question. Motion to approve support service fees passed unanimously. Area VI – Gary Cross, Area VI Vice Chair, attended as Area Chair Carey Copeland was unavailable to attend. The Area VI meeting was held in Wakefield earlier in March. Gary Cross commented that Area VI districts recently held discussions on proxy voting and eligible voters at the Annual Meeting. Districts in Area VI have requested the VASWCD look into proxy voting or the advent of one vote per district. All but one district in Area VI had preference that the VASWCD recognize membership as member districts and that each district is allowed one vote at business meetings. Appomattox River SWCD felt there was better interest in addressing proxy voting and allowing an associate director to carry the vote for a Director who is unable to attend the Annual Meeting. The Area however would not like to enact anything to lessen participation in an Annual Meeting. Don Wells added that Area III has discussed the issue of proxy voting also, specifically having districts that send associate directors be provided to carry the vote for a Director unable to attend. John Peterson will touch base with NACD to determine how this issue is handled across other states. Motion: Mike Altizer made a motion to appoint a committee dedicated to discussing this issue if need exists. First, Area Chairs will discuss this issue of proxy voting with their districts and Area Chairs will provide a report on this issue at the June board meeting. At that time it will be discussed whether a change to the bylaws is necessary. John Peterson seconded. All in favor, motion approved. Discussion of Soil and Water Board meeting times preceded this action. At this time the VASWCD Board discussed candidates for representation on the Soil & Water Board. Area V and Area VI positions will be subject to reappointment as of July 1, 2013. Information on nominations is included with the official minutes. Motion: Don Wells moved to recommend Daphne Jamison and Wilkie Chaffin as Area V Reps to SWCB and Frank Brickhouse and Granville Maitland as Area VI Reps to SWCB. Recommendations will be submitted to the Virginia Soil & Water Conservation Board. The motion was seconded by John Peterson and approved unanimously. June 20, 2013 Board Meeting Motion to approve minutes from April 4 quarterly board meeting by Ricky Rash. Second by Don Wells. Motion approved. Treasurer’s report included in board materials and filed with the minutes. Don Wells presented the treasurer’s report noting that all districts paid dues in full this fiscal year. Wells thanked Area Chairs for this level of support from districts. Wells also noted that administrative assistance funds are being provided from the educational foundation to the Association in the amount of $5000 this fiscal year and $6000 this coming fiscal year. These funds are provided from the Dominion Envirothon grant to the Association for overhead and staff costs incurred when implementing the program. Don Wells made a motion that the treasurer’s report for FY13 be accepted and filed for audit. Second by John Peterson. Motion approved. Motion by Don Wells to recognize Senator Frank Ruff, Delegate Ed Scott, and Delegate Dave Bulova as Legislators of the Year. Second by Mike Altizer. Motion approved unanimously. President Wallace asked the group if a letter to Secretary Domenech noting concerns on the cost share policy and the development process be sent. This would be an Association position letter. Board members agreed this would be a worthwhile follow up and district chairs, administrative staff, and state soil and water board members would receive a copy of this letter. Motion to write a letter to Secretary Domenech made by Ricky Rash; second by John Peterson. Motion approved unanimously. Noting the many concerns among districts and little explanation from DCR to date, Ricky Rash made a motion to write a letter to Director David Johnson in which to ask for a written response from the Director explaining his rationale for proposed cost share policy changes. Motion to approve by Rash, second by Don Wells. Motion approved unanimously. The letter to Director Johnson noting concerns with the cost share policy and requesting explanation would identify the following items of concern as noted by individuals at the board meeting: o SL-6 practice provided with100% payment 3 o o o Issue of no cap ability at the local district level 50-30-20 vs. 60-30-10 method split of cost share funds Technical assistance calculation Richard Chaffin made a motion that the VASWCD support the recommendation of the DCR convened stakeholder committee to continue the current cost share practices and allocation process for FY14. Seconded by Mike Altizer. Motion approved unanimously. This information will be conveyed to DCR in the aforementioned letter to Director Johnson. September 26, 2013 Board Meeting Motion to approve minutes from June meeting by Don Wells. Second by Richard Chaffin. Motion approved. Don Wells presented the Treasurer’s Report which showed expenses and income through the end of fiscal year 2013. The FY14 budget is shown from July 1 thru September 1. Motion by Mike Altizer to accept treasurer’s report, second by Jim Christian. Motion approved. Don Wells moved that the legislative agenda be approved to include the policy on uranium mining. Second by John Peterson. Motion approved. The approved legislative agenda will be taken forward to the membership at the December Annual Meeting. Lou Ann Wallace presented that James River SWCD has requested to move from Area III to Area VI. Margie Davis, Chairman of James River SWCD, spoke to the decision of the board. She clarified that the SWCD does not feel that the Area III leadership is lacking but that geographically the SWCD feels more similar to Area VI districts. Additionally, the SWCD believes Area VI would provide them a stronger voice as Area VI is the smallest Area with only five districts currently. J. C. Berger, as Area III chair, stated no objection as Area Chair and made aware to board members that he had spoken with Margie Davis about the request. Don Wells moved that this body concur with James River SWCD request to move from Area III to Area VI and notify the membership, per bylaw requirements, that this will be discussed and voted at the annual meeting as a bylaw amendment. Second by Area VI Chair Carey Copeland. Motion passed. 4