The 190th regular meeting of the NSS Board of Governors was held on March 23, 2002, in Dayton, Ohio. These minutes, when accompanied by corrections accepted by the Board, constitute the official record of the meeting.
The meeting was called to order by President Mike Hood at 9:07 A.M. Lee Stevens was present as Recording Secretary.
1. Roll Call and Announcement of Proxies
OFFICERS:
Mike Hood, President
Don Paquette, Executive Vice President
Thom Engel, Administrative Vice President
Scott Fee, Operations Vice President
Paul Stevens, Secretary-Treasurer *
DIRECTORS:
Linda Baker Devine
Bill Bussey
Dave Jagnow
Bill Klimack
David Lester
Douglas Medville
Gary Moss
Philip Moss
Jim Olsen
Dave Taylor
Bill Tozer
ABSENT:
Hazel Barton-Olsen
PROXIES:
Colin Gatland for Hazel Barton-Olsen
David Irving for Paul Stevens during the morning session
Ted Kayes for Paul Stevens during the closed meeting of the Board
and the afternoon session.
* Paul was present for the entire meeting. He requested that Dave Irving and Ted Kayes proxy for him because of his inability to speak due to Amyotrophic Lateral Sclerosis (Lou Gehrig’s disease).
2. Approval of the October 20, 2001 Board of Governors Meeting Minutes
Hood moved that the minutes of the October 20, 2001, Board of Governors meeting be approved.
Lester seconded.
VOTE: Unanimously in favor
PASSED
3. Officer’s Reports
A. President – Mike Hood – Attachment A
In addition, Mike announced that a Tennessee State court has blocked the dumping of treated wastewater from the Spenser Hill sewage treatment plant into the drainage flowing into Spencer Mountain Cave System. Instead, the state will provide significant funds to spread the treated sludge on farm fields used for dry land farming.
B. Executive Vice President – Don Paquette – Attachment B
In addition:
1) Don summarized a report that he had just received from the NSS AAAS representative, Dr. Daniel Chess, who recently attended the annual AAAS meeting in Boston, Massachusetts.
2) Don announced that publication of the 2001 SpeleoDigest is off schedule and it will not be ready in time for the Maine convention.
3) He also reported that the NSS Conservation book edited by Jim Werker and Val Hildreth-Werker is behind schedule due to the chapter review process.
4) Don announced that he has appointed JoEllen Kimmel as interim editor of the 2002 NSS Members Manual.
C. Administrative Vice President – Thom Engel – Attachment C
D. Operations Vice President – Scott Fee – Attachment D
E. Secretary-Treasurer – Paul Stevens – Attachment E
David Irving presented the report for Paul during the meeting.
4. Committee Reports
A. 2001 Convention – Bill Carr, Chairman
Bill presented a check to the NSS for the 2001 Convention surplus
in the amount of $11,690.78. The 2001 Convention committee is
sending excess convention inventory to the NSS Office for later
sale. Mike Hood expressed thanks on behalf of the NSS to the 2001
Convention committee for hosting an exceptional convention.
(Attachment F to these minutes)
B. 2002 Convention – Kevin Harris, Co-Chairman
Kevin reported that pre-registration has been good and that all
aspects of the Maine convention are on track for June 2002.
C. 2003 Convention – Peri Frantz, Chairman
Peri reported that organization and planning are going well. She
also noted that the host city, Porterville, California is very
enthusiastic about holding the NSS annual convention.
D. Karst Environmental Education and Protection (KEEP) –
Roger Brucker
Roger gave a short slide presentation about the proposed Trimodal
Transpark near Bowling Green, Kentucky and the threat it poses to
the karst resources in that area.
OLD BUSINESS
5. Approval of April 7, 2001 and July 23, 2001 Board of Governors Meeting Minutes
Hood moved: The minutes of the April 7 and July 23, 2001 Board of Governors meeting be approved. The missing E-mail ballot information is below. Taylor seconded.
P. Moss moved to amend, inserting the names of the directors who originally proposed the motion. Agreed to by unanimous consent.
5A. << Doug Medville moved>> the purchase of "Karst: A Fragile Foundation" poster.
In favor: Keeler, Jones, Fee, Stevens, Barton, Bussey, Devine,
Fleming, Jagnow, Lester, Medville, P. Moss,
Taylor, Tozer
Opposed: None
Abstaining: None
Absent: Engel, Halliday
5B. << Cheryl Jones moved>> support for IMAX Film, Amazing Caves Reception at the Smithsonian ($13,000).
In favor: Jones, Bussey, Jagnow
Opposed: Keeler, Stevens, Devine, Fleming, Halliday, Lester,
Medville, P. Moss, Taylor, Tozer
Abstaining: Barton
Absent: Fee, Engel
5C. << Cheryl Jones moved>> support for IMAX Film, Amazing Caves Reception at the Smithsonian ($6,500).
In favor: Jones, Stevens, Bussey, Jagnow
Opposed: Keeler, Fee, Devine, Fleming, Halliday, Lester,
Medville, P. Moss, Taylor, Tozer
Abstaining: Barton
Absent: Engel
5D. << Cheryl Jones moved>> support for IMAX Film, Amazing Caves Reception at the Smithsonian ($3,000).
In favor: Keeler, Jones, Fee, Stevens, Bussey, Fleming,
Halliday, Jagnow, Lester, Medville, Tozer
Opposed: Devine, Taylor
Abstaining: Barton
Absent: Engel, P. Moss
VOTE to approve the minutes of the April 7 and July 23, 2001
Board of Governors meeting as amended:
In favor: Rest
Opposed: None
Abstaining: G. Moss, Olsen
PASSED
NEW BUSINESS
6. Amendment to NSS Bylaw I.B (5)
Olsen moved: Bylaw I.B (5) is amended as follows: (5) A full fee for life membership shall be established by the Board of Governors. Everyone has an age-discounted life-membership fee calculated as follows: For people less than 60 years old, the discounted fee is equal to the full fee; for people over 60 through 89, the full fee is reduced by 2.5 percent for each year over 59; and for people <over> 90 <<or over>>, the discounted fee is 25 percent of the full fee. For a person who is a sustaining for family-sustaining member, the discounted fee is calculated based on the full fee in effect at the time the person became a sustaining or family-sustaining member, providing that there has been no subsequent lapse of two years or longer in the member’s status as a sustaining or family-sustaining member. In all other cases, the discounted fee is based on the current full life-membership fee. A person may become a life member by paying the discounted fee. An eligible person may become a family-life member by payment of one-half of the discounted fee. In addition, members may establish a life membership account by making a payment toward life membership of at least one-tenth of the current full fee or by becoming a sustaining or family-sustaining member. Additions to an account may be made through sustaining or family-sustaining dues or other payments to the Society for this purpose. A member seventeen years of age or older whose account reaches the member's discounted life-membership fee becomes a life member; an eligible member may elect to become a family-life member when his or her account reaches one-half the member's discounted life membership fee. A life-membership account is not refundable. Money in such accounts shall be placed in the Life Membership Fund.
Medville seconded.
VOTE: Unanimously in favor
PASSED
7. 2009 International Union of Speleology (UIS) Meeting
Hood moved: The International Secretary is tasked to explore the possibility of having the 2009 UIS Congress in the United States and preparing a report for the Fall 2002 Board of Governors meeting. P. Moss seconded.
VOTE: Unanimously in favor
PASSED
8. NSS Audit
Stevens moved: The NSS Board of Governors agrees with the selection of Mercer and Associates to audit NSS financial reports. P. Moss seconded.
VOTE: Unanimously in favor
PASSED
9. Suspend the Agenda
P. Moss moved to suspend the agenda and consider agenda motions #10 through #61, excluding motions #38 and #57, together as a group. Engel seconded.
VOTE to suspend the agenda:
Unanimously in favor
PASSED
VOTE on motions #10 through #61, excluding motions #38 and
#57:
Unanimously in favor
PASSED
Note: Due to separate consideration of agenda motions #38 and #57, in these minutes the motions passed as a group are numbered #10 through #59.
10. Section 18 - NSS Funds
Stevens moved: Section 18 of the Board of Governors Manual shall be titled "NSS Funds" and organized such that the funds are displayed alphabetically and motions related to a specific fund are grouped together.
11. Building Repair Fund
Stevens moved: The purpose of the Building Repair Fund is to finance major maintenance and repairs on the NSS office building. It will be periodically augmented through transfers of unrestricted funds and may be spent by the Operations Vice President based upon a budget approved by the Board of Governors.
Act 18-270 is amended as follows: <A Building Repair Fund is established for the purpose of financing major maintenance and repairs on the office buildings> An Office Equipment Fund is established for the purpose of financing maintenance or replacement of office equipment or software. Money will be included in the annual budget to maintain these funds.
12. Cave Acquisition Fund
Stevens moved: The purpose of the Cave Acquisition Fund is the purchase or lease of caves or to obtain easements on cave properties. This fund may also be used to pay transfer costs (e.g. lawyer’s fees, title searches, land surveys, and closing costs) for caves acquired in any manner by the Society. This fund may also be used to make loans or grants to NSS Internal Organizations, Conservancies, or institutional Members wishing to acquire cave properties. The Fund was established by donors. Money may be spent from this fund with the approval of the Board of Governors or transferred from this fund to the Cave Preserve Fund as deemed necessary by the Executive Committee.
13. Conservation Funds
Stevens moved: Act 18-367 is amended as follows:
The Conservation Funds of the Society are defined as follows:
A. The Save-the-Caves Fund shall be used to support the general conservation goals of the Society. Money may be expended by Board action on the recommendation of the Conservation Committee or as authorized by Acts 18-289 (Loans to Conservation Task Forces), 50-321 (Conservation Grants), 88-288 (Conservation Research Grants)*, and 43-116 (Conservation Award).
<B. The Cave Acquisition Fund shall be used for the purchase or lease of caves or to obtain easements on cave properties. This fund may also be used to pay transfer costs (e.g. lawyer’s fees, title searches, land surveys, and closing costs) for caves acquired in any manner by the Society. This fund may also be used to make loans or grants to NSS Internal Organizations, Conservancies, or institutional Members wishing to acquire cave properties. Money may be transferred from this fund to the Cave Preserve Fund as deemed necessary by the Executive Committee>
C. The Cave Preserve Fund is the fund established by the National Speleological Foundation as requested by [obsolete] act 17-314 (Cave Preserve Fund) the proceeds of which are to be used for the maintenance of NSS Cave Preserves.
D. The NSS Support Fund is a fund of the National Speleological Foundation, which was established in 1974 in compliance with the wishes of the original donor. The income earned by the fund may be given on an as-needed basis to the NSS for conservation purposes upon request of the NSS Administrative Vice President or the Chairman of the Conservation Committee. The principal is to remain intact and, hopefully, to be increased by future donations. The Board of Governors may, upon a 3/4 vote, request that the Foundation trustees use all or part of the principal of the NSS Support Fund for a special purpose of the Society.
14. Caves and Karst Education Program Restricted Fund
Stevens moved to amend Act 18-689 as follows: The purpose of the Caves and Karst Education Program Restricted Fund is to educate the American public on the value and fragile nature of cave resources in accordance with the Cooperative Agreement between Mammoth Cave National Park and the National Speleological Society, Project Underground, and American Cave Conservation Association. These funds may be spent by the Caves and Karst Education Program agent of the Treasurer subject to the Administrative <<Vice President’s >> approval.
15. NSS Cave Education Restricted Fund
Stevens moved Act 18-629 is amended as follows: The NSS Cave Education Restricted Fund is established to promote cave and karst education programs for primary and secondary students. <<The Fund was established by donors. >> The Executive Committee may fund grant proposals from this restricted fund.
16. Cave Preserve Fund
Stevens moved: The purpose of the Cave Preserve Fund is to serve as a source of funds to the Society sufficient to provide for the expenses of ownership of real estate, or any interest in real estate, which has been designated by the Board of Governors of the Society as a Cave Preserve of the National Speleological Society. The Fund was established by donations and transfers of unrestricted funds and is being managed as if it consists of all donations. Each fiscal year an amount up to 5.5% of the total fund value is used for this purpose. In addition to the amounts available annually, the NSS by 2/3 vote of the Board of Governors of the Society, may transfer to the Society any part of the Cave Preserve Fund needed for extraordinary expenses of the preserves. (See Attachment G of Appendix C in the Board of Governors Manual).
17. Conservation Funds
Stevens moved: Act 18-367 is amended as follows:
The Conservation Funds of the Society are defined as follows:
A. The Save-the-Caves Fund shall be used to support the general conservation goals of the Society. Money may be expended by Board action on the recommendation of the Conservation Committee or as authorized by Acts 18-289 (Loans to Conservation Task Forces), 50-321 (Conservation Grants), 88-288 (Conservation Research Grants), and 43-116 (Conservation Award).
B. The Cave Acquisition Fund shall be used for the purchase or lease of caves or to obtain easements on cave properties. This fund may also be used to pay transfer costs (e.g. lawyer’s fees, title searches, land surveys, and closing costs) for caves acquired in any manner by the Society. This fund may also be used to make loans or grants to NSS Internal Organizations, Conservancies, or Institutional Members wishing to acquire cave properties. Money may be transferred from this fund to the Cave Preserve Fund as deemed necessary by the Executive Committee.
<C. The Cave Preserve Fund is the fund established by the National Speleological Foundation as requested by [obsolete] act 17-314 (Cave Preserve Fund) the proceeds of which are to be used for the maintenance of NSS Cave Preserves. >
D. The NSS Support Fund is a fund of the National Speleological Foundation, which was established in 1974 in compliance with the wishes of the original donor. The income earned by the fund may be given on an as-needed basis to the NSS for conservation purposes upon request of the NSS Administrative Vice President or the Chairman of the Conservation Committee. The principal is to remain intact and, hopefully, to be increased by future donations. The Board of Governors may, upon a 3/4 vote, request that the Foundation trustees use all or part of the principal of the NSS Support Fund for a special purpose of the Society.
18. Cave Restoration Fund
Stevens moved to amend Act 18-639 as follows: The purpose of the Cave Restoration Fund is to support the repair of human-caused damage, both malicious and inadvertent. << The Fund was established by donors. >> The Conservation Committee chairman, subject to the Administrative Vice President’s approval, may spend these funds.
19. Contemporary Cave Use Study Restricted Fund
Stevens moved to amend Act 18-581 as follows: The purpose of the Contemporary Cave Use Study Restricted Fund is to support the study of cave visitation. <<The Fund was established by donors. >> These funds may be spent by the Chairman of the Contemporary Cave Use Study Committee with the approval of the Administrative Vice President.
20. NSS Convention Surplus Designated Fund
Stevens moved to amend Act 18-598 as follows: The NSS Convention Surplus Designated Fund is established to provide funds to cover NSS convention deficits. Each year the full-unrestricted>> convention surplus for that year shall be transferred to the Convention Surplus Fund. Each year one-fifth of the Convention Surplus Fund may be transferred to the NSS Operating Fund as revenue provided a $15,000 balance is maintained in the NSS Convention Designated Fund to cover an NSS Convention deficit.
21. < Endowment Fund for > <<Periodical >> Special Features <<Fund>> <in NSS Periodicals>
Stevens moved: The purpose of the Periodical Special Features Fund is to cover the cost of special features in any NSS periodical. After the net income of the Fund is sufficient to pay for the cost of special features in any NSS periodical, any additional net income may be used to supplement any NSS periodical's budget. The Fund was established by donors. The fund is managed as a temporarily restricted quasi-endowment fund. Each fiscal year an amount equal to 5.5% of the total fund value is transferred for this purpose. (See Attachment J of Appendix C in the Board of Governors Manual).
22. Fine Arts Salon Fund
Stevens moved to amend Act 18-642 as follows: The purpose of the Fine Arts Salon Fund is to support the NSS Fine Arts Salon. <<The Fund was established by donors and transfers of unrestricted funds. >> The Salon Committee chairman, subject to the Administrative Vice President’s approval, may spend these funds.
23. Gage Caverns Restricted Fund
Stevens to amend Act 18-527 as follows: The purpose of the Gage Caverns Restricted Fund is to provide funds in support of NSS operation and maintenance of the Gage Caverns property in Schoharie County, New York. <<The Fund was established by donors. >> These funds may be spent by the Barton Hills Karst Preserve Committee chairman subject to the Administrative Vice President’s approval.
24. Guide to Responsible Caving Fund
Stevens moved: Act 18-638 is amended as follows: << The purpose of the Guide to Responsible Caving Fund is to provide money for the publication of The Guide to Responsible Caving. The Fund was established by transfers of unrestricted funds. The Operations Vice President may spend these funds based upon a budget approved by the Board.>> <The purpose of the Guide to Responsible Caving Fund is to provide money for the publication of The Guide to Responsible Caving. The Special Publications Committee chairman, subject to Executive Committee approval, may spend these funds.>
25. Headquarters Fund
Stevens moved: The purpose of the Headquarters Fund is to furnish capital for the purchase or maintenance of real property to house offices of the Society and to purchase additions or improvements to the office building, equipment, software, and fixtures. The Fund was established through donations. The principal, or any part thereof, of the Headquarters Fund shall be returned to the Society to be used for these purposes upon passage of a suitable resolution by a majority vote of the Board of Governors of the Society. (See Attachment B of Appendix C in the Board of Governors Manual).
26. International Exploration Fund
Stevens moved to amend Act 18-454 as follows: The International Exploration Fund is established to assist Society sponsored speleological expeditions to be supported by contributions raised for this specific purpose. Applications for grants from the International Exploration Fund will be directed to the International Exploration Committee who will develop appropriate guidelines and require an accounting of how money is utilized by expedition organizers. << Grants from the International Exploration Fund may be made by the International Exploration Committee with the approval of the Executive Vice President. >> It is not the intent of this Act that grants will be routinely awarded for expeditions within the United States or Canada. Grants from this fund shall stipulate that the expedition will provide an article on the expedition for publication in the NSS NEWS, or an audio/visual program for distribution for the NSS Audio/Visual Library within one year from receiving the grant.
27. James G. Mitchell Fund
Stevens moved to amend Act 18-148 as follows: <<The purpose of the James G. Mitchell Fund is to provide income to the Society to be used as a cash award known as the James G. Mitchell Award. The James G. Mitchell Award was established in 1965 to be given for the best scientific paper presented at any of the sessions of the annual convention by a member (or members) of the Society 25 years old or younger who has applied or been recommended for the Award. Selection is made by the Awards Committee. The Fund was established by donors. The fund is managed as a temporarily restricted quasi-endowment fund. Annually the NSS withdrawals 5.5% of the Fund 's total value for this purpose. (See Attachment D of Appendix C in the Board of Governors Manual)>>
<The Mitchell Fund was established to encourage research by younger members by presenting an annual "James G. Mitchell Award" for the outstanding paper presented at each annual convention by a person 25 or younger. Selection is to be made by the Awards Committee.>
28. Joe Ivy Endowment for Cave Exploration
Stevens moved to amend Act 18-692 as follows: < The Joe Ivy Endowment for Cave Exploration, whose purpose is to give grants to young cavers to fund caving trips primarily to Mexico, is established. > << The purpose of the Joe Ivy Endowment Fund for Cave Exploration is to provide grants to young cavers to fund cave exploration trips, primarily to Mexico. The Fund was established by donors and is managed as a temporarily restricted quasi-endowment fund. Annually the NSS withdraws 5.5% of the Fund's total value for this purpose. By a two-thirds vote, the Society's Board of Governors may require the return to the Society of any or all of the Fund that has not previously been distributed to the Society. >> Grants will be several hundred dollars each, large enough to fund the bulk of a four-to-six-week trip: transportation, food, lodging, maps, special equipment, etc. Grants will be given to individuals for personal expenses, rather than to projects or groups. Grants will be awarded based on the following criteria:
<< (See Attachment R of Appendix C in the Board of Governors Manual)>>
29. Joe Ivy Endowment Committee
Stevens moved to amend Act 18-693 as follows: The Joe Ivy Endowment Committee is established in the Executive Vice President's Department. The purpose of this committee is to administer the awarding of grants from the Joe Ivy Endowment for Cave Exploration. << These funds may be spent by the chairman of the committee subject to the Executive Vice President’s approval. >>
30. John Guilday Cave Preserve Restricted Fund
Stevens moved to amend Act 18-528 as follows: The purpose of the John Guilday Cave Preserve Restricted Fund is to provide funds in support of NSS operation and maintenance of the John Guilday Cave Preserve property in Pendleton County, West Virginia. <<The Fund was established by donors. >> These funds may be spent by the John Guilday Cave Preserve Committee chairman subject to << the Administrative Vice President’s >> <NSS Secretary-Treasurer > approval.
31. Junior Speleological Society Restricted Fund
Stevens moved to amend Act 18-687 as follows: The purpose of the Junior Speleological Society restricted fund is to support NSS youth educational and recreational activities, including youth activities at the NSS conventions. << The Fund was established by donors. >> These funds may be spend (change to spent) by the chairman of the Junior Speleological Society Committee subject to the Administrative Vice President’s approval.
32. Journal Restricted Fund
Stevens moved to amend Act 18-605 as follows: The Journal Restricted Fund is established < to receive donations> for the purpose of augmenting the publication <<budget>> of the Journal of Cave and Karst Studies. At the end of the fiscal year any unexpended Journal advertising income and page charges shall be transferred to this fund. This fund may be spent by the Journal editor, subject to approval of the Executive Vice President.
33. Lew Bicking Fund
Stevens moved: The purpose of the Lew Bicking Fund is to provide income to the Society to be used as a cash award known as the Lew Bicking Award. The Lew Bicking Award was established in 1965 to recognize an individual Society member who, through specific actions, has demonstrated a dedication to the thorough exploration of a cave or group of caves. Selection is made by the Awards Committee. The Fund was established by donors. The fund is managed as a temporarily restricted quasi-endowment fund. Annually the NSS withdraws 5.5% of the total fund's value.
(See Attachment E of Appendix C in the Board of Governors Manual)
34. Life Membership Fund
Stevens moved Act 18-137 is amended as follows: << The purpose of the Life Membership Fund is to serve as a source of income to the Society sufficient to provide life members with the services normally furnished to regular members. >> All payments for or toward life or family-life membership shall be placed in the Life Membership Fund. From dues paid by sustaining or family-sustaining members, this includes only the actual excess of dues over regular or family dues, and not the 10 percent bonus credited to the life-membership account. << The fund is managed as a temporarily restricted quasi-endowment fund. Annually, the Foundation returns to the Society all net income from the Life Membership Fund up to 100% of the current regular membership rate for each living life member, not to exceed 5.5% of the Fund's total value.
(See Attachment A of Appendix C in the Board of Governors Manual)>>
35. Membership Committee Fund
Stevens moved Act 18-640 is amended as follows: The purpose of the Membership Committee Fund is to support the work of the Membership Committee. << The Fund was established by donors. >> The NSS Membership Committee Chairman, subject to the President’s approval, may spend these funds.
36. Merle and Bill Stephenson 50th Anniversary Fund
Stevens moved: The purpose of the Merle and Bill Stephenson 50th Anniversary Fund shall be determined by a 2/3 vote of the NSS Board of Governors at its Annual Meeting in the year 2035. The Fund was established by donors. The principle of the Merle and Bill Stephenson 50th Anniversary Fund will be invested to maximize its return until 2035. All income will be reinvested in the Fund until that date.
(See Attachment L of Appendix C in the Board of Governors Manual).
37. National Cave Rescue Commission Fund
Stevens moved Act 18-641 is amended as follows: The purposes of the National Cave Rescue Commission funds are to support the National Cave Rescue Commission.
<< These Board of Governors designated funds are unrestricted funds. >>
NCRC Operations Restricted Fund - for National NCRC
Coordinator office expenses
NCRC Insurance Restricted Fund - for NCRC insurance
NCRC Curriculum Restricted Fund - for NCRC training course
curriculum
NCRC Certificate Restricted Fund - for NCRC training course
certificates
NCRC Equipment Restricted Fund - for NCRC Equipment
The National Coordinator of the National Cave Rescue Commission, subject to the Administrative Vice President’s approval, may spend these funds. Subsidiary funds may be established to support NCRC regions and they may be spent by each region's NCRC Regional Coordinator subject to the Administrative Vice President’s approval.
38. NSS Library Restricted Fund
Stevens moved Act 18-525 is amended as follows: The purpose of the NSS Library Restricted Fund is to provide funds for NSS Library <<purchase and preservation of cave and karst-related publications and library >> capital equipment. <<The Fund was established and will be maintained by transfers of unrestricted funds. >> These funds may be spent by the NSS Library chairman subject to the Operations Vice President’s approval.
39. NSS Library/Museum Building Trust Fund
Stevens moved Act 18-623 is amended as follows: The NSS Library/Museum Building Trust Fund is established to hold money designated for the purchase of land and the construction of a building or buildings to house the NSS Library, or the NSS Museum, or both, either in separate buildings or combined in the same building. The purpose includes the design, construction, and outfitting of an appropriate building or buildings including all normal and customary offices, display areas, stacks, archive facilities, research rooms, storage facilities, utilities, and equipment such as environmental and fire prevention and control systems appropriate to the irreplaceable nature of the collections to be housed in the Library or Museum. Procuring furniture, computer equipment, and other capital items associated primarily with the outfitting of an NSS Library of Museum are also proper uses of the money in the Fund. Such a building or buildings may, or may not, include existing structures, or portions of existing structures, located on the present NSS property in Huntsville, Alabama. << It is intended that the fund be funded though donations. >> After completion of the construction and outfitting of a central facility or facilities to house the NSS Library, or the NSS Museum, or both, any remaining money in the Fund may be used for the acquisition of speleologically-significant publications and memorabilia to be housed in the NSS Library and/or Museum. No money from the Fund will be used to pay for the ordinary operation of the NSS Library and/or Museum including such expenses as personnel salaries. Decisions regarding the use of this fund for the above purpose shall be at the discretion of a two-thirds majority of the NSS Board of Governors.
(See Attachment P of Appendix C in the Board of Governors Manual)
40. NSS Museum Restricted Fund
Stevens moved Act 18-526 is amended as follows: The purpose of the "NSS Museum" restricted fund is to provide funds for NSS Museum capitol equipment. <<The fund was established through donations. >> These funds may be spent by the NSS Museum chairman subject to the Operations Vice President’s approval.
41. NSS News Restricted Fund
Stevens moved Act 18-604 is amended as follows: The NSS News Restricted Fund is established <to receive donations> for the purpose of augmenting the publication <<budget>> of the NSS News. At the end of the fiscal year any unexpended NSS News advertising income shall be transferred to this fund. This fund may be spent by the NSS News editor, subject to approval of the Executive Vice President.
42. Office Equipment Fund
Stevens moved: An office equipment fund is established for the purpose of financing maintenance or replacement of office equipment or software. It may be periodically augmented through transfers of unrestricted funds and may be spent by the Operations Vice President based upon a budget approved by the Board of Governors.
Amend Act 18-270 as follows:
A Building Repair Fund is established for the purpose of financing major maintenance and repairs on the office buildings. <An office equipment fund is established for the purpose of financing maintenance or replacement of office equipment or software. Money will be included in the annual budget to maintain these funds.>
43. NSS Publication Trust Fund
Stevens moved: The purpose of the NSS Publication Trust Fund is to provide funds for the publication of art and literature by the NSS. It was established through the transfer of restricted funds and may <<only>> be spent for this purpose. It may be spent by the Executive Vice President based upon a budget approved by the Board of Governors. It is a temporarily restricted fund and any withdrawals are repaid with interest through sales of the publication for which the money was withdrawn.
(See Attachment O of Appendix C in the Board of Governors Manual)
44. Peter Gomez Fund
Stevens moved: The purpose of the Peter Gomez restricted fund is to support the scientific study of underwater karst. The Fund was established by donors. These funds may be spent by a committee established by the NSS Cave Diving Section Board of Directors subject to NSS Executive Vice President approval. The CDS committee shall administer the grant program subject to a plan approved by the CDS Board of Directors and the NSS Executive Vice President. The plan will be provided to the NSS Board of Governors and included in the NSS Board of Governors Manual.
45. Peter M. Hauer Fund
Stevens moved: The purpose of the Peter M. Hauer Fund is to provide income to the Society to be used as a cash award known as the Peter M. Hauer Spelean History Award. The Peter M. Hauer Spelean History Award was established in 1979 to be given to an individual or group involved in an outstanding spelean history research project. The Fund was established by donors. The fund is managed as a temporarily restricted quasi-endowment fund. Annually the NSS withdraws 5.5% of the total fund's value.
(See Attachment F of Appendix C in the Board of Governors Manual)
46. Ralph W. Stone Research Fund
Stevens moved Act 18-138 is amended as follows: << The purpose of the Ralph W. Stone Research Fund is to provide income to the Society with which to support research activities. Each year the NSS awards a Ralph W. Stone Research Grant. Selection is made by the Research Advisory Committee. Any excess above the amount needed for the Ralph W. Stone Research Grant shall be added to the budget of the Research Advisory Committee to supplement its regular grant program. The Fund was established by donors. The Fund is managed as a temporarily restricted quasi-endowment fund. Annually the Society withdraws 5.5% of the total fund's value for this purpose. >>
<The Foundation is requested to convey to the Society, each year, the net income of the Ralph W. Stone Research Fund. Any excess above the amount needed for the Ralph W. Stone Research Grant shall be added to the budget of the Research Advisory Committee to supplement its regular grants programs.
The Foundation should invest the Ralph W. Stone Fund to achieve the twin objectives of income for the Ralph W. Stone and other research grants and continued capital appreciation of the Ralph W. Stone Fund. All donations received by the Society for the Ralph W. Stone Fund shall be conveyed to the Foundation to augment the principal of the Fund. >
(See Attachment C of Appendix C in the Board of Governors Manual)
47. Salon Restricted Fund
Stevens moved Act 18-530 is amended as follows: The purpose of the Salon Restricted Fund is to support NSS Salons. <<The Fund consists of donations, salon entry fees, and transfers of unrestricted funds. >> These funds may be spent by the NSS Salon Committee chairman subject to the Administrative Vice President’s approval.
48. Sara Corrie Memorial Fund
Stevens moved Act 18-482 is amended as follows: <The Sara Corrie Memorial Fund is established for the purpose of funding group cave exploration projects in the United States. Money should be very easy to obtain with a minimum of restrictions and paperwork.>
<< The purpose of the Sara Corrie Memorial Fund is to provide income to the Society for grants to fund group cave exploration in the United States. The fund was established through donations and is managed as a temporarily restricted quasi-endowment fund. Each fiscal year an amount up to 5.5% of the total fund value is used for this purpose. Grants should be very easy to obtain with a minimum of restrictions and paperwork.
(See <<Attachment K of Appendix C and>> Appendix AG in the Board of Governors Manual)
49. Act 18-367
Stevens moved Act 18-367 is amended as follows. Paragraph D shall be deleted from the Act and included separately in Section 18.
<The Conservation Funds of the Society are defined as follows: >
A. The Save-the-Caves Fund shall be used to support the general conservation goals of the Society. <<This fund was established by donors>>. Money may be expended by Board action on the recommendation of the Conservation Committee and Administrative Vice President or as authorized by Acts 18-289 (Loans to Conservation Task Forces), 50-321 (Conservation Grants), 88-288 (Conservation Research Grants), and 43-116 (Conservation Award).
B. The Cave Acquisition Fund shall be used for the purchase or lease of caves or to obtain easements on cave properties. This fund may also be used to pay transfer costs (e.g. lawyer’s fees, title searches, land surveys, and closing costs) for caves acquired in any manner by the Society. This fund may also be used to make loans or grants to NSS Internal Organizations, Conservancies, or institutional Members wishing to acquire cave properties. Money may be transferred from this fund to the Cave Preserve Fund as deemed necessary by the Executive Committee.
C. The Cave Preserve Fund is the fund established by the National Speleological Foundation as requested by [obsolete] act 17-314 (Cave Preserve Fund) the proceeds of which are to be used for the maintenance of NSS Cave Preserves.
<D. The NSS Support Fund is a fund of the National Speleological Foundation which was established in 1974 in compliance with the wishes of the original donor. The income earned by the fund may be given on an as-needed basis to the NSS for conservation purposes upon request of the NSS Administrative Vice President or the Chairman of the Conservation Committee. The principal is to remain intact and, hopefully, to be increased by future donations. The Board of Governors may, upon a 3/4 vote, request that the Foundation trustees use all or part of the principal of the NSS Support Fund for a special purpose of the Society.>
50. Schoharie Caverns Fund
Stevens moved Act 18-519 is amended as follows: << The Schoharie Caverns Fund consists of donations and camping fees which are used to rebuild and maintain the Schoharie cabin and Preserve. >> <The Schoharie Caverns Preserve Fund is established as a restricted fund of the NSS. The fund will consist of donations and camping fees which will be used to rebuild the Schoharie cabin and Preserve. > These funds may be spent by the chairman of the Schoharie Cabin Management Committee subject to the approval of the Administrative Vice President.
51. Fine Arts Salon
Stevens moved Act 18-642 is amended as follows: The purpose of the <Spelean> <<Fine>> Arts Salon Fund is to support the <<NSS>> Fine Arts Salon. <<The fund was established through donations. >> The Salon Committee chairman, subject to the Administrative Vice President’s approval, may spend these funds.
52. Spring Hill Cave NSS Restricted Fund
Stevens moved Act 18-649 is amended as follows: The Spring Hill Cave NSS Restricted Fund is established to assist the landowners of Spring Hill Cave, Tennessee, in their defense against the lawsuit concerning the death of Jason Bishop in October 1998. <<The fund was established through donations. >> Money from this fund may be spent with the approval of the President. Money remaining in the Spring Hill Cave NSS Restricted Fund after the suits are settled will revert to another NSS restricted fund established to support cave owners in their defense against liability suits.
53. Fund for Litigation to Protect Caves
Stevens moved Act 18-501 is amended as follows: <<The purpose of the Fund for Litigation to Protect Caves is to pay for litigation necessary to protect caves and their natural contents, initiated by the Society or by cooperating individuals. >> The <Cave Legal Defense> fund is composed of donations and accrued income. The Board of Governors may authorize expenditure of part or all of this fund for expenses of litigation necessary to further one or more purposes of the Society stated in Article II of its Constitution, provided that no expenditure from this fund is contrary to section 501(c)(3) of the Internal Revenue Code or the corresponding provision of any future United States Internal Revenue law as determined by the Legal Committee. In addition, the Executive Committee may authorize expenditures of small sums from this fund as seed money for special funds established for defense of owners of wild caves made party to adverse legal action because of their ownership of caves. These funds shall not exceed $5,000.00 at any one time. The <Cave Legal Defense> fund shall be reimbursed from such special funds to the greatest degree possible. The Executive Committee shall review any proposed use of this fund prior to presentation to the Board and report alternative ways of accomplishing the goal intended to be accomplished by legal action with the intent that legal action shall be the last resort and a large balance be maintained in this fund to support any such legal action which may be found necessary. Principal and investment income of this fund shall not be used to defray expenses of litigation in which the Society is a defendant. << (See Attachment Q of Appendix C in the Board of Governors Manual)>>
54. NSS Cave Legal Defense Restricted Fund
Stevens moved Act 18-535 is deleted: <The purpose of the NSS Cave Legal Defense Restricted Fund is to support implementation of NSS ACT 18-501 and may only be spent in accordance with the provisions of NSS ACT 18-501. >
55. Trust Fund for Litigation to Protect Caves, Attachment Q
Stevens moved Act 18-656 is deleted: <The Trust Fund for Litigation to Protect Caves, Attachment Q to the contract between the National Speleological Society and the National Speleological Foundation, is established.>
56. Landowner Assistance Restricted Fund
Stevens moved Act 18-665 is deleted: <$3,147.92 is transferred to the Landowner Assistance Restricted Fund from the Cave Legal Defense Fund. These funds had been donated originally to assist the owners of Norman Cave, West Virginia.>
57. Cave Legal Defense Fund
Stevens moved Act 18-667 is deleted: <A $3,000 grant from the Cave Legal Defense Fund is made to the Cumberland Plateau Conservation Task Force to pursue legal resources to stop a proposed sewage treatment plant in Spencer, Tennessee, that would pollute Spencer Mountain Cave System.
58. NSS Cave Rescue Training Restricted Fund
Stevens moved Act 19-706 is amended as follows: The NSS Cave Rescue Training Restricted Fund is established to provide scholarships to individuals to cover registration fees associated with cave rescue training administered by the National Cave Rescue Commission (NCRC), with the purpose of improving the cave rescue infrastructure. <<The fund consists of donations. >>
Selection of individuals to receive scholarships will be at the discretion of the NCRC. Scholarships will be awarded based on the potential of selected recipients to improve the cave rescue infrastructure at any level, including roles as individual rescuers or in leadership positions. The NCRC Board will establish criteria for the award of the scholarship. The NCRC National Coordinator may authorize payments from this fund with the approval of the NSS Administrative Vice President. The scholarship award may cover all or part of the registration fees (including food and camping) for an NCRC rescue training course chosen by the applicant. The fund shall initially grow without disbursement until it reaches a balance of $1,500. Thereafter up to 50% of the fund balance available on the last day of the NSS fiscal year may be disbursed in the following fiscal year, unless this would cause the remaining balance to fall below $1,000.
59. Shelta Cave Preserve Fund
Stevens moved Act 18-707 is amended as follows: The Shelta Cave Preserve Fund is established as a "temporary restricted" fund dedicated to supporting the management of Shelta Cave, including costs associated with removal of the cur rent gate, construction and maintenance of effective sinkhole enclosures, cave environment monitoring, and other costs necessary to preserve and protect the cave. <<The fund consists of donations. >>
Recess
President Hood declared a recess for lunch and the closed meetings of the Directorate and the Board at 12:08 P.M.
Reconvene
The afternoon session of the NSS Board of Governors meeting was called to order by President Hood at 4:20 P.M.
60. Report of the Closed Meeting of the Directorate
Bill Tozer, Chairman of the Directorate, announced that Scott Fee had been elected President-elect.
61. Report of the Closed Meeting of the Board
President Hood announced that the Board selected and/or confirmed the 2002 NSS Award recipients.
The Board also decided to take action against an Atlanta realtor for copyright infringement involving misuse of the NSS Members Manual mailing list.
62. Endowment Fund (Old Agenda Motion # 38)
Stevens moved to amend Act 18-674 as follows: <<The purpose of the Endowment Fund is to generate income and capital gains for approved projects and needs of the Society as determined by the Board of Governors. The Society and others may periodically provide donations and unrestricted funds for the Endowment Fund. The NSS shall invest funds in the Endowment Fund until December 2006 so as to emphasize growth of the capital investment. The Fund was established by donors and is managed as a temporarily restricted quasi-endowment fund. By majority vote the Society's Board of Governors may require the return of up to 5.5%of the fund each year as income. (See Attachment N of Appendix C in the Board of Governors Manual). >>
<The purpose of the NSS Endowment Fund is to generate income for approved projects and needs of the Society as determined by the Board of Governors. The NSS Endowment Fund is a permanently restricted fund whose principal (along with growth) shall be retained forever, except that up to 5.5% of the fund may be returned to the Society each year as income. > P.Moss seconded.
VOTE: Unanimously in favor
PASSED
63. Vandalism Deterrence Reward Fund (Old Agenda Motion # 57)
Stevens moved Act 18-411 is amended as follows: << The purpose of the Vandalism Deterrence Reward Fund>> is to pay any rewards which may be required to be paid as a result of the Society's standing offer of a $250 to $1000 reward for information leading to the arrest and conviction of persons guilty of violating cave protection laws. It was established by donors and may be periodically augmented through transfers of unrestricted funds. The funds may be spent by the Administrative Vice President << in accordance with Appendix W. >> <based upon recommendation of the Cave Vandalism Deterrence Reward Commission. > (See Attachment H of Appendix C << and Appendix W >> in the Board of Governors Manual) P.Moss seconded.
VOTE:
In favor: Rest
Opposed: None
Abstaining: Lester
PASSED
62. NSS Pacific Slope Cave Acquisition Fund
Stevens moved: The purpose of the NSS Pacific Slope Cave
Acquisition Fund is to acquire title or conservation easements to
caves located within the Pacific seaboard. Grants from the fund
must be made to 501(c)(3) public benefit corporations dedicated
to the purpose of the fund. Applicants for grants must provide to
the NSS Secretary-Treasurer the following proofs: 1) copy of
certificate of 501(c)(3) standing, 2) Articles of Incorporation,
and 3) written proof (such as a written acceptance of an offer to
purchase
real estate) of the existence of a pending purchase of a real
property or conservation easement, consistent with the purpose of
the fund. Grants shall be made from the fund by action of the NSS
Board of Governors, hereinafter referred to as the granting body.
In the
absence of competing applicants, grants shall be summarily
approved upon verification of proofs. The granting body shall
make no determination of the significance or quality of
properties proposed for protection by the applicant, except where
two or more qualified entities have applied for grants in the
period between regular meetings of the granting body. Where two
or more qualified entities have applied, only the most
significant
proposal shall be granted funds during a regular meeting;
rejected applications will be re-submitted for consideration at
the next meeting of the granting body. Significance in the case
of competing applicants will be determined on the basis of
criteria used in federal significant cave nominations under the
1988 cave protection act: presence of endemic biota, cultural
remains, geologic/mineralogical/paleontological values,
hydrologic
significance, educational/scientific value, and/or recreational
potential. The amount of any single grant shall not be limited
except by the amount in the fund or by the amount of the property
or easement acquisition including associated costs, whichever is
less. The fund consists of donations. Olsen seconded.
VOTE: Unanimously in favor
PASSED
63. NSS Northeast Cave Preserve Fund
Engel moved: The purpose of the NSS Northeast Cave Preserve Fund is to provide funds in support of NSS operation and maintenance of NSS cave preserves in the northeast United States. The Fund will consist of donations. These funds may be spent by the cave preserve committee chairman subject to the Administrative Vice President’s approval. Klimack seconded.
VOTE: Unanimously in favor
PASSED
64. FY02/03 Budget
64A. FY02/03 NSS Operating Budget
Stevens moved: The FY02/03 NSS Operating Budget is accepted (Attachment E-1).
Fee seconded.
VOTE: Unanimously in favor
PASSED
64B. FY02/03 NSS Capital Budget
Stevens moved: The FY02/03 NSS Capital Budget is accepted (Attachment E-1).
Fee moved to amend the FY02/03 NSS Capital Budget to include money for the publication of the cave conservation book, edited by Jim Werker and Val Hildreth-Werker, that is currently in final review. Kayes seconded.
Agreed to by unanimous consent.
VOTE on 64B as amended:
Unanimously in favor
PASSED
Appointments
65A. Reappointment of Cave Vandalism Deterrence Reward Commissioners
Hood moved: Jay Jorden is confirmed as Chairman of the Cave Vandalism Deterrence Reward Commission and John Wilson, Gale Beach, and Tom Rea are re-confirmed as commissioners. P.Moss seconded.
VOTE: Unanimously in favor
PASSED
65B. Appointment of New Cave Vandalism Deterrence Reward Commissioners
Hood moved: Aaron Atz and Tom Lera are confirmed as new commissioners.
Jagnow seconded.
VOTE: Unanimously in favor
PASSED
65C. NCRC Caribbean Region Coordinator
Engel moved: Efrain Mercado Vasquez is appointed NCRC Caribbean Region Coordinator. P.Moss seconded.
VOTE: Unanimously in favor
PASSED
66. Act 50-395 - NSS Cave Vandalism Deterrence Reward
Engel moved: Act 50-395 is amended as follows:
The NSS Cave Vandalism Deterrence Reward is established as detailed in Appendix W to the Acts. The NSS Cave Vandalism Deterrence Reward Commission, consisting of six members, nominated by the existing commission, appointed by the <<Administrative Vice->> President, and confirmed by the Board of Governors, is established in the Department of the <Executive> <<Administrative>> Vice-President to administer the reward.
The <<Administrative Vice->> President shall appoint the Chairman of the Commission from among the commissioners for a term of three years. The Commission shall elect from its membership a Vice Chairman who shall serve until his successor is elected.
Fee seconded.
VOTE: Unanimously in favor
PASSED
67. Geo-Caches in NSS-Owned Caves
Engel moved: Geo-Caches are not permitted in << or near>> caves owned by the NSS. Preserve managers finding geo-caches in NSS caves are directed to remove them. Placement of geo-caches on NSS preserves, excluding the caves, is left to the discretion of the preserve manager. P.Moss seconded.
Olsen moved to amend, inserting "or near" after "in" and before "caves" in the first sentence. Agreed to by unanimous consent.
VOTE: Unanimously in favor
PASSED
68. NSF Financial Report
Stevens moved: The NSS requests the NSF provide a report each year from an independent professional audit firm of their audit of each future NSF end-of-fiscal-year report on NSS Trust Funds. Bussey seconded.
Lester moved to amend, delete "each year" and insert "periodically" in the first sentence and delete "each" after "of" and before "future" in the second sentence.
Kayes seconded.
VOTE to amend:
In favor: Kayes, Lester
Opposed: Rest
Abstaining: Gatland
FAILED
P.Moss moved to amend, delete "each year" in the first sentence and insert "biannually to cover the period" after "report" and before "from" in the second sentence; also, insert a period after "audit firm" and delete "of their audit of each future NSF end-of-fiscal-year report on NSS Trust Funds." Kayes seconded.
Engel moved to refer the motion and pending amendments to the Secretary-Treasurer for consideration at the next Board meeting. Olsen seconded.
VOTE on the motion to refer:
Unanimously in favor
REFERRED
69. Special Issue of the Journal of Cave and Karst Studies
Paquette moved: The GIS Special Issue of the Journal be overprinted by 1000 copies. Environmental Systems Research Institute Inc. (ESRI) has agreed to contribute $6,000 to assist in the publication costs of the special all color pullout issue in exchange for a full page add in this issue and 1,000 copies to sell. Board of Governors approval is required by Act 83-647. P.Moss seconded.
VOTE:
In favor: Rest
Opposed: None
Abstaining: Fee
PASSED
70. Journal of Cave and Karst Studies Honorarium
Paquette moved: The Journal budget be amended to increase the production editor’s honorarium to $600 for the April issue, due to additional production work required for the special GIS issue of the Journal. The budgeted honorarium is $300.
P.Moss seconded.
VOTE: Unanimously in favor
PASSED
71. NSS Fund for Litigation to Protect Caves
Stevens moved: < the NSS President is authorized to spend up to $5K from the NSS Fund for Litigation to Protect Caves for litigation to protect Oregon Cave and its natural contents. > << The NSS President is directed to investigate reported threats to Oregon Caves National Monument. >> The President shall discuss the issues with local cavers, the management of Oregon Caves national Monument and Ron Kerbo, National Park Service national cave specialist, and seek to resolve issues before formal litigation. The President shall keep the NSS Board of Governors informed. P.Moss seconded.
Taylor moved to amend, delete the first sentence and insert "The NSS President is directed to investigate reported threats to Oregon Caves National Monument."
Olsen seconded.
VOTE to amend:
In favor: Rest
Opposed: None
Abstaining: Kayes, Engel
PASSED
VOTE on the amended motion:
Unanimously in favor
PASSED
72. Fall 2002 Board of Governors Meeting
Hood moved: The Michigan Interlakes Grotto bid to host the Fall 2002 Board of Governors meeting October 4-6, 2002, in Huntington Woods, Michigan is approved.
Paquette seconded.
VOTE:
In favor: Rest
Opposed: None
Abstaining: P.Moss
PASSED
73. Open Discussion Period
Fee moved: The Board meet as a quasi-committee of the whole to discuss topics of interest to the general membership for a period of 20 minutes. Agreed to by unanimous consent.
President Hood declared the floor open at 5:30 P.M.
The following topics were addressed:
President Hood declared the session closed at 5:50 P.M.
74. Vote of Thanks
Hood moved: the Board of Governors expresses its appreciation to retiring Directors, Bill Bussey, Philip Moss and Dave Lester, for their devoted service to the Society. Paquette seconded.
VOTE: Unanimously in favor
PASSED
75. Appreciation
Bussey moved: The Board of Governors expresses its appreciation to the Dayton Underground Grotto for hosting our meeting and providing excellent meeting arrangements. Engel seconded.
VOTE: Unanimously in favor
PASSED
76. Adjourn
P.Moss moved that the meeting be adjourned. Klimack seconded.
President Hood declared the meeting adjourned at 5:55 P.M.
Respectfully submitted,
Lee Stevens
Recording Secretary
NSS Board of Governors
Attachments to the Minutes of March 23, 2002
President’s Report – Mike Hood - Attachment A
NSS Planning Committee – Draft Preliminary Holdings Report – Attachment A-1
Executive Vice President’s Report – Don Paquette - Attachment B
Restriction on NSS Membership Database Use – Attachment B-1
Real Estate Advertisement Illustrating Improper NSS Membership Database Use – Attachment B-2
Administrative Vice President – Thom Engel - Attachment C
2002 NSS Convention Committee Report – Kevin Harris – Attachment C-1
2003 NSS Convention Committee Report – Peri Frantz – Attachment C-2
Attachments to the NSS Cave Preserves Report – Attachment C-3
Operations Vice President’s Report – Scott Fee – Attachment D
Secretary-Treasurer’s Report – Paul Stevens – Attachment E
FY 02/03 NSS Budget – Attachment E-1
2001 NSS Convention Final Fiscal Report – Attachment F