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Board of Trustees
Clean Water Management Trust Fund
Sheraton Raleigh Hotel
421 S. Salisbury Street
Raleigh, North Carolina
Monday, June 11, 2007
General Statute § 138A-15 mandates that the Chair inquire as to whether any trustee knows of any conflict of interest or the appearance of a conflict of interest with respect to matters on the agenda. If any trustee knows of a conflict of interest or the appearance of a conflict of interest, please so state at this time.
Philip A. Baddour, Jr., Chairman, Presiding
9:00 am A. Call to Order - Chairman Baddour
• Welcome - Chairman Baddour
• Compliance with General Statute § 138A-15 - Chairman Baddour
• Revisions, additions, and adoption of the Agenda - Chairman Baddour (Action Item)
• Please put cell phones on vibrate or off - Chairman Baddour
• Review and approval of the transcripts of the November 2006, December 2006, January 2007, February 2007 and March 2007 meetings of the Board of Trustees (Action Item)
• Selection of Executive Director - Chairman Baddour
• Recognize CWMTF Advisory Committee Members - Chairman Baddour
9:15 am B. Public Comments (Three Minutes Per Person) - Chairman Baddour 9:30 am C. Consent Agenda Items - Chairman Baddour
• Accept withdrawal of Application No. 2006B-602 from Town of Cove City. Cove City has submitted a new application (No. 2007-604) for this project and wishes to withdraw its earlier application.
• Accept withdrawal of Application No. 2006B-603 from Town of Dover. Dover has submitted a new application (No. 2007-606) for this project and wishes to withdraw its earlier application.
• Accept canceling of Project No. 2005B-053 from NC Division of Parks & Recreation. In Nov. 2005, the Board approved this grant of up to $150,000 to the Division for the fee simple purchase of 54 riparian acres. EEP wishes to fund this project to obtain mitigation credits. The Division requests that this grant agreement be canceled and it will pursue the project with EEP.
• Accept Reassignment of 2006B-037 from Trust for Public Land to Town of Wake Forest. In Nov. 2006, the Board approved a grant of up to $359,000 to the Trust for Public Land (TPL) to acquire approximately 70 riparian acres on the Neuse River. TPL requests that the grant be reassigned to the Town of Wake Forest and the Town concurs with the request.
• Accept withdrawal of Application No. 2007-713 from Pasquotank County. The county wishes to withdraw the application and submit a more comprehensive application in the future.
9:40 am D. Executive Director's Report - DG Martin
• Grant contract status
• Mini-Grant approval status
• Staff guidelines regarding indirect cost reimbursement requests
• FY 2006-2007 Administrative budget status - Francine Durso
• Legislative Administrative budget provisions
• Communications report - Lisa Schell
• Letters of support for 2007 applications
• June 19, 2007 Ceremony for completion of the Hewlett's Creek Stormwater Wetlands Project in Wilmington (CWMTF No. 2004B-707 for $2.76 million)
• 2006 Annual Report on the NC Million Acre Initiative
• "2006 Year in Review" from NC Division of Forest Resources
10:00 am E. Attorney General's Report - Frank Crawley
10:10 am F. Personnel/Search Advisory Committee Report - Committee Co-Chairs Beane and Crumpler (Action Items) (Agenda)
• At its meeting on May 14, 2007, the Committee approved upgrading the Administrative Officer position from equivalent to grade 67 to equivalent to grade 72.
• Report items from June 10, 2007 Committee meeting
10:20 am
G. Break 10:30 am H. Restoration/Stormwater Committee Report - Committee Co-Chairs Brannon and Hester (Action Items) (Agenda)
11:15 am I. Acquisition Committee Report - Committee Co-Chairs Cragnolin and Coleman (Action Items) (Agenda)
12:00 pm J. Working Lunch
12:15 pm K. Wastewater/Infrastructure Committee Report - Chairman Johnson (Action Items) (Agenda)
1:00 pm L. Grant Criteria Committee Report - Committee Co-Chairs Hollan and Markham (Information Items) (Agenda)
1:20 pm M. Discussion
1:30 pm N. Adjourn
2:00 - 4:00 pm State Government Ethics and Lobbying Acts - Frank Perry, Education Director, Ethics Commission
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Board of Trustees
Clean Water Management Trust Fund
Sheraton Raleigh Hotel
421 S. Salisbury Street
Raleigh, North Carolina
Saturday, June 9, 2007
General Statute § 138A-15 mandates that the Chair inquire as to whether any Trustee knows of any conflict of interest or the appearance of a conflict of interest with respect to matters on the agenda. If any Trustee knows of a conflict of interest or the appearance of a conflict of interest, please so state at this time.
Philip A. Baddour, Jr., Chairman, Presiding
9:30 am A. Call to Order - Chairman Baddour
• Roll Call - Gina Daniel
• Compliance with General Statute § 138A-15 - Chairman Baddour
• Revisions, additions, and adoption of the Agenda - Chairman Baddour (Action Item)
• Please put cell phones on vibrate or off - Chairman Baddour
10:00 am B. Closed Session - Interviews of Applicants for CWMTF Executive Director - Chairman Baddour (with lunch at appropriate time)
6:00 pm C. Adjourn
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Restoration/Stormwater Committee
(Trustees Brannon and Hester, Co-Chairs; Beane, Henderson, Markham, McMillan & Weston)
Sheraton Raleigh Hotel
421 S. Salisbury Street
Raleigh, North Carolina
Sunday, June 10, 2007
AGENDA
Yevonne Brannon and Joe Hester, Committee Co-Chairs, Presiding
9:00 am H-A. Call to Order - Co-Chairs Brannon and Hester
• Welcome - Co-Chairs Brannon and Hester
• Compliance with General Statute § 138A-15 - Co-Chairs Brannon and Hester
• Revisions, additions & adoption of the agenda - Co-Chairs Brannon and Hester
9:10 am H-B. 2007 Cycle Restoration/Stormwater Applications and Deferred Restoration/Stormwater Applications from Previous Cycles - Tom Jones and Kevin Boyer (Action and Information Items)
10:10 am H-C. Stormwater Mini-Grant Allocation Status - Francine Durso (Information Item)
The Board set aside $500,000 for stormwater mini-grants to be used in FY 2006-2007. To date, stormwater mini-grants in the amount of $389,975 have been awarded, leaving $110,025 in grant funds remaining for stormwater mini-grants. As of May 30, 2007 there are 6 pending stormwater mini-grant requests to CWMTF, totaling $278,800.
Since the Board may not adopt a new budget that defines the amount to be allocated for stormwater mini-grants until well into the next fiscal year and applications for eligible stormwater mini-grant projects continue to be submitted, the Board may wish to consider allocating an additional $200,000 in grant funds to be used for stormwater mini-grants prior to adoption of the CWMTF 2007-2008 budget.
10:20 am H-D. Adjourn
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Acquisition Committee
(Trustees Cragnolin and Coleman, Co-Chairs; Baddour, Hollan, McGrady, McLean, & Vaughan)
Sheraton Raleigh Hotel
421 S. Salisbury Street
Raleigh, North Carolina
Sunday, June 10, 2007
AGENDA
Karen Cragnolin and Rick Coleman, Committee Co-Chairs, Presiding
10:45 am I-A. Call to Order - Co-Chairs Cragnolin and Coleman
• Welcome - Co-Chairs Cragnolin and Coleman
• Compliance with General Statute § 138A-15 - Co-Chairs Cragnolin and Coleman
• Revisions, additions & adoption of the agenda - Co-Chairs Cragnolin and Coleman
10:55 am I-B. 2007 Cycle Acquisition Applications and Deferred Acquisition Applications from Previous Cycles - Tom Jones (Action and Information Items)
12:15 pm I-C. 1998B-405 - Town of Holly Springs - Request for Encroachment on Conservation Easement - Francine Durso (Action Item)
In April 1999, the Board approved a grant of up to $1,040,000 to the Town of Holly Springs to acquire Bass Lake (approx. 92 acres) and establish state-held conservation easements around the lake, to repair the breached dam, reshape the lake bottom, restore/reconstruct shoreline buffers and wetlands, and develop a watershed ordinance. CWMTF paid $160,000 towards the land acquisition.
On March 21, 2007, the Town wrote CWMTF requesting that the Town be allowed to encroach on the conservation easement in order to install a gravity sewer line for a distance of approximately 50 feet from the edge of the conservation easement to tie in to an existing manhole. The permanent impact area would be 1,330 square feet and the temporary impact area (during construction) would be a total of 3,188 square feet which includes the area of the permanent impact.
Staff believes the impact to the conservation easement would not have a significant negative impact on surface water quality and supports the request. However, construction of the sewer line is to serve new development within the Bass Lake drainage basin. Staff seeks Committee and Board guidance on this matter.
12:25 pm I-D. 2005A-018 - NC Division of Parks and Recreation - Request for Scope Change - Nancy Guthrie (Action Item)
In August 2005, the Board approved a grant of up to $2 million to the NC Division of Parks and Recreation to be used toward the purchase in fee simple of a 967 acre tract to expand the Lumber River State Park, using PARTF funds as match.
On May 30, 2007, the Division wrote CWMTF to advise that it now has two other tracts in the same vicinity under option (these were included in the original application but not funded by the Board due to lack of funds), that appraisal values are less than estimated at the time of the application, and that the PARTF match has increased significantly. The Division requests that it be allowed to use the $2 million in CWMTF grant funds toward the purchase of all 3 tracts. This would increase the protected acreage from 967 acres to 1,907 acres. Staff recommends that the Board approve this request.
12:35 pm I-E. Request from Ecosystem Enhancement Program (EEP) to Reimburse CWMTF for Projects Previously Funded by CWMTF - Francine Durso (Action Item)
EEP wrote CWMTF on May 21, 2007 requesting advance approval to reimburse CWMTF for funds that CWMTF previously paid to various grantees for past acquisition projects. By reimbursing CWMTF, EEP can then use the sites or portions of the sites to meet compensatory mitigation needs. The original CWMTF grantees have each provided a letter stating that they are in agreement with EEP's proposal. CWMTF has approved several similar reimbursements from the EEP in the past and staff recommends that the Board approve this request with the following clarifications:
• EEP notes that some of these projects may not go forward because EEP must undertake due diligence and not all projects may meet with regulatory approval for mitigation. Thus, it is possible that not all of these reimbursements to CWMTF will actually occur; however, by gaining advance approval from the Board, CWMTF staff can work with EEP as each project proceeds rather than bring each project individually to the Board for approval.
• Staff notes that the support letters from the original CWMTF grantees request that funds reimbursed to the CWMTF be reallocated by CWMTF to similar work in the same region or watershed. However, staff recommends that all funds reimbursed by EEP become part of the fund balance that the Board will be able to apply to any applications under consideration in the 2007 cycle or future cycles.
12:45 pm I-F. 2004B-003, 2004B-005 and 2004B-007 - Carolina Mountain Land Conservancy Acquisition Projects - Request for Administrative Cost Reimbursement - DG Martin (Action Item)
In Nov. 2004 and Aug. 2005, the Board voted to fund these projects as follows: up to $1.523 million for 2004B-003 (Ball Tract), up to $939,000 for 2004B-005 (Buckner Tract) and up to $5.141 million for 2004B-007 (Schenck Tract). The Board-approved budgets for these projects did not include funds for CMLC staff time for project coordination (administrative costs). On April 25, 2007, CLMC wrote CWMTF requesting that they be reimbursed from remaining grant funds $7,500 for staff time on 2004B-003, $4,880 for staff time on 2004B-005 plus $1,556 for county taxes, and $10,000 for staff time on 2004B-007. In accordance with staff guidelines, staff recommends that these administrative costs not be reimbursed.
12:55 pm I-G. 2006B-006 - Fayetteville-Cumberland Parks and Recreation - Acquisition for Cape Fear River Greenway - Nancy Guthrie (Action Item)
In Nov. 2006, the Board approved a grant of up to $289,000 to Fayetteville-Cumberland Parks and Recreation to acquire permanent conservation easements on approximately 187 acres of riparian buffers and also voted to defer action on an additional $1,011,000 in grant funds for the project, pending the availability of funds. Staff has reviewed the funds that may be unencumbered from closed grants and recommends that the $1,011,000 be awarded to the Grant Recipient at this time from funds that may be unencumbered.
1:00 pm I-H. Wildlife Resources Commission - International Paper Tract Acquisitions (CWMTF Nos. 2006A-017, 019, and 022) - DG Martin (Action Item)
In August and November 2006, the Board approved 3 grant applications in the total amount of up to $15,520,000 to assist in the fee simple purchase of tracts formerly owned by International Paper in the Upper Tar, Lower Roanoke and Chowan River basins. The Board deferred action on the balance of these 3 applications and on other International Paper applications.
On May 30, 2007, the Wildlife Resources Commission wrote CWMTF requesting that the Board consider funding the portion of the interest costs that were incurred in conjunction with these 3 projects in the amount attributable to the portions of the projects funded by CWMTF.
1:25 pm I-I. Pre-Acquisition Mini-Grant and Donated Mini-Grant Allocation Status - Francine Durso (Information Item)
The Board set aside $200,000 for pre-acquisition mini-grants to be used in FY 2006-2007. To date, pre-acquisition mini-grants in the amount of $155,675 have been awarded, leaving $44,325 in grant funds remaining for pre-acquisition mini-grants. As of May 30, 2007 there is 1 pending pre-acquisition mini-grant request to CWMTF, totaling $18,172.
The Board set aside $500,000 for donated mini-grants to be used in FY 2006-2007. To date, donated mini-grants in the amount of $244,475 have been awarded, leaving $255,525 in grant funds remaining for donated mini-grants. As of May 30, 2007 there are 8 pending donated mini-grant requests to CWMTF, totaling $192,000.
1:30 pm I-J. Adjourn
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Infrastructure/Wastewater Committee
(Trustees Johnson, Chairman; Camp, Crumpler, Howard, Rascoe & Wright)
Sheraton Raleigh Hotel
421 S. Salisbury Street
Raleigh, North Carolina
Sunday, June 10, 2007
AGENDA
Charles Johnson, Committee Chairman, Presiding
1:45 pm K-A. Call to Order - Chairman Johnson
• Welcome - Chairman Johnson
• Compliance with General Statute § 138A-15 - Chairman Johnson
• Revisions, additions & adoption of the agenda - Chairman Johnson
1:55 pm K-B. 2007 Cycle Wastewater/Infrastructure Applications and Deferred Wastewater/Infrastructure Applications from Previous Cycles - Tom Jones and Larry Horton (Action and Information Items)
2:55 pm K-C. 2006A-803 - Town of Bunn Wastewater Planning Grant - Request for Scope Modification - Larry Horton (Action Item)
In August 2006, the Board approved a grant of up to $24,000 to the Town of Bunn to prepare an Engineering Report concerning infiltration and inflow (I&I) into the Bunn sanitary sewer system and recommend sewer rehabilitation to reduce the excessive flow. The application stated that the Town had already performed a sanitary sewer video inspection and smoke tested the system and requested funds to study the data and to compile and analyze the results and make recommendations for rehabilitation work.
A draft grant agreement was sent to the Town on March 20, 2007. On May 21, 2007, the Town wrote CWMTF advising that less than 1,000 linear feet of the Town's sewer system had been video inspected and requesting that CWMTF grant funds be used instead to conduct the video inspection of the entire system. Staff supports this request and will revise the draft grant agreement to reflect the new scope of work if approved.
3:00 pm K-D. 2006B-512 - City of Marion Wastewater Project - Request for Budget Modification - Larry Horton (Action Item)
In Nov. 2006, the Board approved a grant of up to $2.5 million to the City of Marion to reduce inflow/infiltration, consolidate wastewater treatment at a single treatment plant, and eliminate a discharge to the Catawba River. In the application, the City showed almost all engineering design and permitting costs were to be paid by the City as part of their match, and requested that CWMTF provide $255,500 of the grant for construction contingency costs.
A draft grant agreement was sent to the City on March 28, 2007. On May 3, 2007, the City wrote CWMTF requesting that they be allowed to use $433,700 of the CWMTF grant funds for engineering design and permitting, and eliminate CWMTF's funds for construction contingency.
Staff supports this request with the condition that the City will be responsible for providing for all construction contingency funds that may be required in the future.
3:05 pm K-E. 2004A-511 - Town of Trenton Wastewater Project - Request for Budget Modification - Larry Horton (Action Item)
In July 2004, the Board approved a grant of up to $1,369,000 to the Town of Trenton to eliminate the Town's wastewater treatment plant discharge into the Trent River in the Neuse River Basin, and land apply the treated effluent instead. Funds have been encumbered for this project since Jan. 2005, no funds have been disbursed to date and the grant will expire in Oct. 2007. Matching funds consist of $100,000 from the Town for purchase the land to be used for the spray irrigation wastewater land application area; no CWMTF funds were approved for land acquisition in the Board-approved budget.
In May 2007, the Town wrote CWMTF advising that the land cost will be approximately $180,000 rather than the originally anticipated $100,000, and requesting that the Town be able to reallocate $80,000 of the CWMTF grant funds toward the land purchase. Staff supports this request with the condition that the these funds will be reallocated from the $111,400 in construction contingency funds provided by CWMTF and that the Town will be responsible for providing for any additional construction contingency funds that may be required in the future.
The Town requested an extension of the grant until June 30, 2008; staff recommends that a 1-year extension be provided (until Oct. 2008) because the schedule provided by the Town appears to be too optimistic.
3:10 pm K-F. 2005B-504 - City of Elizabeth City Wastewater Project - Request for Additional Funds - Francine Durso (Action Item)
In Nov. 2005, the Board approved a grant of up to $2 million to the City of Elizabeth City to construct a new sewage forcemain to bypass the existing Main Street Pump Station and eliminate overflows due to failures at the Main Street Pump Station that have allowed raw sewage discharges into the Pasquotank River. CWMTF funds were approved for use toward a new 12-inch sewage forcemain. The City is providing $233,800 in matching funds to upsize the forcemain to 16-inch diameter; the City is also providing $1,050 in matching funds for erosion control and construction contingency.
In Jan. 2007, the City wrote CWMTF advising of increased project costs and requesting an additional $236,402 from CWMTF to cover the cost increase related only to the 12-inch forcemain.
Since the City has only $1,050 in matching funds related to the 12-inch forcemain in the current grant, staff believes that the City should incur this cost increase for the 12-inch forcemain and does not support this request.
3:15 pm K-G. 2004A-513 - City of Whiteville Wastewater Project - Request for Additional Funds - Francine Durso (Action Item)
In July 2004, the Board approved a grant of up to $1.5 million to the City of Whiteville to upgrade the City's 3 million gallon per day (MGD) wastewater treatment plant, including biological nitrogen and phosphorus removal, to protect White Marsh in the Lumber River Basin. Funds have been encumbered for this project since Jan. 2005 and no funds have been disbursed to date.
In May 2007, the City wrote CWMTF advising of increased project costs and requesting an additional $1.125 million from CWMTF to cover a portion of the cost increase. The $4.8 million in matching funds in the current grant are comprised of $2.5 million in grants (NC Rural Center ($400,000), NC Dept. of Commerce Division of Community Assistance ($600,000) and US Dept. of Commerce Economic Development Administration ($1.5 million)), a $2.2 million loan from the NC Construction Grants and Loan Section and $100,000 in funds from the City.
Staff recommends that the City endeavor to increase the amount of loan funds they are obtaining from the NC Construction Grants and Loan Section and does not support this request.
3:20 pm K-H. Issue Regarding Proof of Availability of Matching Funds Prior to Disbursing CWMTF Grant Funds - Larry Horton (Action Item)
The standard CWMTF grant agreement requires that, prior to the release of any CWMTF funds, the Grant Recipient must submit proof of the availability of matching funds to be provided for the project. CWMTF usually receives a copy of a letter provided to the grantee, from the other funding agencies, that confirms that those agencies have committed to provide funds for the project.
This becomes an issue mainly for projects for which NC Construction Grants & Loans (CG&L) is providing matching funds in the form of a loan. CG&L will not make a commitment until the Engineering Report/Environmental Assessment for a project is approved or, for projects that are over the SEPA threshold, until a Finding of No Significant Impact has been sent to the State Clearinghouse for public notice. This creates a cash flow issue for grantees that are planning on using CWMTF funding to pay for the consultant fees that are required to prepare the Engineering Report/Environmental Assessment, plans, and specifications, because CWMTF can not disburse funds until the proof of matching funds is provided.
Note that CG&L will provide loan funding for the Engineering Report/ Environmental Assessment and for plans and specifications. However, the loan funding payment is made as a reimbursement, because CG&L does not make any payments until the construction contract is awarded.
Staff recommends that for projects for which CWMTF is providing funds for engineering design, permitting and construction, that CWMTF funds for the design and permitting services be allowed to be disbursed prior receiving confirmation that the other funding agencies have committed to provide funds for the project. However, no CWMTF construction funds would be disbursed until the confirmation of matching funds is in-hand.
3:30 pm K-J. Update on NC Rural Center Policy Regarding Percentage of a Community that must be Served when using Unsewered Communities Grant Program Funds - Francine Durso (Information Item)
In Dec. 2006, The NC Rural Center adopted a policy that requires a community receiving funds from The Rural Center's Unsewered Communities Program Communities Grant Program to sewer a minimum of 75% of the community.
3:35 pm K-K. Adjourn
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Grant Criteria Committee
(Trustees Hollan and Markham, Co-Chairs; Beane, Brannon, Camp, Coleman, Cragnolin, Crumpler, Hester, Johnson, & McLean)
Sheraton Raleigh Hotel
421 S. Salisbury Street
Raleigh, North Carolina
Sunday, June 10, 2007
AGENDA
Bill Hollan and Kevin Markham, Committee Co-Chairs, Presiding
3:45 pm L-A. Call to Order - Co-Chairs Hollan and Markham
• Welcome - Co-Chairs Hollan and Markham
• Compliance with General Statute § 138A-15 - Co-Chairs Hollan and Markham
• Revisions, additions & adoption of the agenda - Co-Chairs Hollan and Markham
3:50 pm L-B. Grant Criteria Development Items
• Cycle Timeframes
• Criteria Overview
• Targeted Areas - overview, distribution among river basins and geographic regions
• Major Criteria Components - weights and categories
5:45 pm L-C. Adjourn
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Personnel/Search Advisory Committee
Clean Water Management Trust Fund
(Trustees Beane and Crumpler, Co-Chairs; Brannon, Camp, Cragnolin, Henderson, Hester, Hollan, Weston & Wright)
Sheraton Raleigh Hotel
421 S. Salisbury Street
Raleigh, North Carolina
Sunday, June 10, 2007
AGENDA
Ron Beane and John Crumpler, Committee Co-Chairs, Presiding
6:00 pm F-A. Call to Order - Co-Chairs Beane and Crumpler
• Welcome - Co-Chairs Beane and Crumpler
• Compliance with General Statute § 138A-15 - Co-Chairs Beane and Crumpler
• Revisions, additions, and adoption of the Agenda - Co-Chairs Beane and Crumpler (Action Item)
6:05 pm F-B. Consultation with Committee Regarding Salary Offer - DG Martin (Action Item)
The CWMTF Personnel Policy requires the Executive Director to consult with the Committee before a salary offer above certain amounts can be made. This item will be discussed.
6:15 pm F-C. Advance Approval of Legislative Increases that may be Provided by the 2007 North Carolina General Assembly - DG Martin (Action Item)
Salaries of CWMTF staff have historically been increased in the same manner as provided by the General Assembly for other state employees in its budget bill. Because the budget bill will probably pass during the time the Fund is in transition to a new Executive Director, it is recommended that the Committee and Board confirm this understanding at this time.
6:20 pm F-D. Adjourn
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Legal Committee
(Trustees McGrady, Chairman; Cragnolin, Hester, McLean, McMillan & Rascoe)
Sheraton Raleigh Hotel
421 S. Salisbury Street
Raleigh, North Carolina
Monday, June 11, 2007
AGENDA
Chuck McGrady, Chairman, Presiding
8:00 am A. Call to Order - Chairman McGrady
• Welcome - Chairman McGrady
• Compliance with General Statute § 138A-15 - Chairman McGrady
• Revisions, additions, and adoption of the Agenda - Chairman McGrady
8:40 am B. Pending Litigation Discussion - Chairman McGrady
8:45 am C. Adjourn
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