Clean Water Management Trust Fund Lexington Municipal Club 200 Country Club Blvd. Lexington, North Carolina 27292 Monday, March 13, 2006
AGENDA
Executive Order Number One 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.
Robert D. Howard, Chairman, Presiding
8:30 am A. Call to Order – Chairman Howard
1)
Welcome to Davidson County – The Honorable Fred D. McClure, Chairman, Davidson County Board of Commissioners (invited)
2)
Welcome to Lexington – The Honorable Richard L. Thomas, Mayor (invited)
3)
Roll Call – Gina Weaver
4)
Executive Order Number One – Chairman Howard
Coleman recuses himself from discussion and vote on 2006A-532. Rascoe recuses himself from discussion and vote on Ahoskie 2006A-501.
5)
Revisions, additions, and adoption of the Agenda – Chairman Howard (Action Item)
6)
Please put cell phones on vibrate or off – Chairman Howard
7)
Review and approval of the transcript of the February 13, 2006 meeting of the Board of Trustees in Tabor City – Chairman Howard (Action Item)
8)
Report of the Awards Committee – Trustee Wright
9)
Report of the Contract Committee – Trustee Rascoe
10)
Report of the CWMTF Office Space Committee – Trustee Coleman Lease begins 4/1/06. Staff to move in early April.
11)
Report of the CWMTF Fiscal Management Committee – Trustee Vaughan A) Discuss with State Treasurer and Controller to establish separate accounts to show encumbered funds separately. B) Work with staff to modify monthly budget sheet to enhance terminology to more accurately reflect cash balance. C) Shorten time between grant award and grant completion. Committee will meet with staff to come up with some recommendations for the Committees consideration.
12)
February 23, 2006 Water 2030 Conference – Trustee Crumpler
13)
March 2-3, 2006 Strategic Visioning for Conservation in NC in Raleigh – Chairman Howard and other Trustees
14)
March 11, 2006 NC Wildlife Federation's Governor's Conservation Achievement Awards – Trustee Beane
15)
March 19-21, 2006 Coastal Policy Conference at UNC-Wilmington – Trustee Hester
16)
June 2, 2006 State Conservation Farm Family of the Year at Bovender Farm in Rutherford County – Chairman Howard
17)
Recognize CWMTF Advisory Committee Members – Chairman Howard
8:45 am B. Public Comments (Three Minutes per Person) – Chairman Howard
1)
The Honorable Roy Maness, Mayor, Town of Troy
2)
Jason Walser, Executive Director, Land Trust for Central NC
3)
Ron Hargrove, Deputy Utilities Director for City of Winston-Salem, Representing the Yadkin Pee-Dee River Basin Association
9:00 am C. Personnel Committee Report – Chairman Wright (See March 12, 2006
9:15 am D. Grant Criteria Committee Report – Chairman McLean (Grant Criteria Committee met on March 3, 2006 in Raleigh. See March 12, 2006 Grant Criteria Committee Agenda) (Potential Action Item)
9:25 am E. Joint Ad Hoc Appraisal Committee and Acquisition Committee Report – Chairman Hollan and Chair Cragnolin (See March 12, 2006 Joint Committee Agenda) (Potential Action Item)
9:35 am F. Budget Committee Report – Chairman Vaughan (See March 12, 2006 Budget Committee Agenda) (Action Item)
9:45 am G. Legislative Committee Report – Chairman McMillan (See March 13, 2006 Legislative Committee Agenda) (Information and Potential Action Items)
1)
March 14, 2006 legislative Environmental Review Commission Meeting
2)
Land for Tomorrow Initiative
3)
One Time Appropriations for Land & Water Conservation
4)
Clean Water Bond
5)
Other 2006 Legislative Issues
6)
June 14, 2006 Land & Water Conservation Lobby Day
10:00 am H. Break
10:10 am I. Executive Directors' Report – Bill Holman (Information Items)
1)
Presentation of Staff Positions to the Board – Bill Holman
2)
February 2006 Cash Flow and FY 2005-2006 Projected Budget – Francine Durso
3)
Status of Recently Approved Grants – Robin Hammond
4)
Communications Report – Lisa Schell
5)
Tree Cutting in CWMTF Conservation Easement on City of Morganton's Catawba River Greenway (CWMTF #1997A-032) – Robin Hammond and Tom Massie
Board Decision 3/13/06 Rascoe asked about possiblity of adding to the easement payment of a penalty, especially if the applicant sold the cut timber for a profit. Motion by Hollan, 2nd by McLean, to direct staff to enter into a mitigation agreement with the Town with respect to this easement violation and to bring the agreement back to the Board for approval. Howard stated that since contract changes require Board approval, that staff
6)
November 17, 2005 Resolution of NC Marine Fisheries Commission on Public Access to the State's Estuarine and Marine Waters and Fisheries – Damon Tatem
7)
President's FY 2007 Clean Water Budget – Bill Holman
8)
February 10, 2006 Charlotte Observer ³Bush to Propose Sale of Property² – Bill Holman
9)
February 15, 2006 Charlotte Observer ³Conservationists Rap Plan to Sell National Forest Land – Bill Holman
10)
February 16, 2006 Charlotte Observer ³State Treasurer says NC can afford debt now² – Bill Holman
11)
February 20, 2006 New York Times ³Reach of Clean Water ActŠ² – Bill Holman
12)
February 28, 2006 City of Kannapolis and Land Trust for Central NC Property Purchase Contract Signing (CWMTF # 2005A-022) – Bern Schumak
13)
2006 Water Quality Assessment & Impaired Waters List – Tom Jones
14)
US Environmental Protection Agency Source Water Protection Information – Bill Holman
15)
CWMTF Investments in Davidson County – Bern Schumak
10:25 am J. Attorney General's Report – Frank Crawley
1)
Executive Order Number One and CWMTF's Ethical Guidelines
Board Decision 3/13/06 Crawley stated that he would work with staff to provide before the next Board meeting a marked up copy of CWMTF's Ethical Guidelines with suggested changes to make it more consistent with Executive Number One.
2)
Enabling Legislation Research Request
10:35 am K. Update on the NC Rural Economic Development Center's Water 2030 Initiative – Jean Crews-Klein, Vice President of Business & Natural Resource Development, The Rural Center
11:05 am L. Infrastructure/Wastewater Committee Report – Chairman Mosley (See March 12, 2006 Infrastructure/Wastewater Committee Agenda) (Action Items)
Projects acted favorably upon by the Committee and the Board of Trustees will remain eligible for review later this year.
12:15 pm M. Working Lunch
12:30 pm N. 2004B-040 – Division of Soil & Water Conservation's Conservation Reserve Enhancement Program (CREP) – Trustees Hollan, Wright & Beane and Leland Heath (Information Item)
The Division of Soil and Water Conservation and CWMTF agreed to the following milestones in November 2005:
1) Submit revised agreement to FSA for the ³New CREP² by January 1, 2006;
2) Present pilot project with a land trust to CWMTF Trustees at their February 2006 meeting;
3) Present minimal enrollment criteria that have been reviewed and approved by the CREP Advisory Committee for CWMTF Trustees to review and approve at their February 2006 meeting;
4) Conduct District/Land Trust training for New CREP by April 1, 2006;
5) Develop process for ³converting current 30-year enrollments to permanent ³ by July 1, 2006;
6) Proposed implementation date for New CREP is April 1, 2006, pending approval by USDA.
12:45 pm O. 2005D-017 – Blue Ridge Rural Land Trust's Tobin Farm on South Beaver Creek in Ashe County – Bern Schumak (Action Item)
On February 4, 2006 the Blue Ridge Rural Land Trust wrote CWMTF to request a donated easement grant of up to $25,000 to fund the transaction costs associated with the donation of a 60-acre conservation easement by Paul and Judy Tobin on South Beaver Creek in the South Fork of the New River basin, in Ashe County. The property is valued at $300,000. BRRLT would hold the easement which would include a 50-foot riparian buffer on each side of the stream and would allow continued agricultural and forestry activities on the property, subject to management plans by the NC Division of Forest Resources and the NRCS. CWMTF staff has reviewed BRRLT's request, believes it is consistent with the Board's policy, and recommends that the Board approve it up to $25,000. If the Board approves BRRLT's request, $126,500 will remain available for donated easement grants in fiscal year 2005-2006. BRRLT has received 17 donated easement grants from CWMTF and has completed 12.
Board Decision 3/13/06 Motion by McLean, 2nd by Mosley, to approve staff recommendation. Motion carries.
12:55 pm P. 2005M-012 – Mountain Valleys RC&D's Ebbs Chapel School Foundation Tract on Laurel Valley Creek in Madison County – Tom Massie (Action Item)
On February 21, 2006, Mountain Valleys RC&D wrote CWMTF to request a mini-grant of up to $25,000 to fund the pre-acquisition costs associated with the purchase of a conservation easement of a 10-acre tract at the confluence of Laurel Valley Creek and Puncheon Fork Creek in the French Broad River basin in Madison County. According to the 2005 French Broad River Basinwide Water Quality Plan, Puncheon Fork Creek has potential for reclassification to Outstanding Resource Waters. CWMTF staff has reviewed the request, believes it complies with the Board's mini-grant policy and supports it, but recommends that the Board postpone final action on the request until its July 2006 meeting when it may allocate additional funds for mini-grants for fiscal year 2006-2007, because there are no mini-grant funds remaining for fiscal year 2005-2006.
Board Decision 3/13/06 Motion by McLean, 2nd by Coleman, to accept staff recommendation. Motion carries.
1:05 pm Q. Discussion
1:30 pm R. Adjourn
CWMTF Announcements
CWMTF, Handy Sanitary District, and local officials will celebrate protection of Badin Lake (CWMTF #2005B-601) from failing septic systems on March 10, 2006.
The NC Wildlife Federation has chosen CWMTF to receive its Conservation Organization of the Year award at its 2005 Governor's Conservation Achievement Awards Banquet on Saturday, March 11, 2006 at the NCSU Faculty Club.
CWMTF Personnel Committee will meet at 10 am on Sunday, March 12 at the Lexington Municipal Club at 200 Country Club Blvd in Lexington.
CWMTF Fiscal Management Committee will meet at 10 am on Sunday, March 12 at the Lexington Municipal Club at 200 Country Club Blvd in Lexington.
CWMTF Grant Criteria Committee will meet at 11:30 am on Sunday, March 12 at the Lexington Municipal Club.
Lunch will be provided to CWMTF Trustees and staff at the Lexington Municipal Club at 12:30 pm on Sunday, March 12.
CWMTF Infrastructure/Wastewater Committee will meet at 1:00 pm on Sunday, March 12 at Lexington Municipal Club.
CWMTF Joint Ad Hoc Appraisal Review Committee and Acquisition Committee will meet at 5:30 pm on Sunday, March 12 at the Lexington Municipal Club.
CWMTF Budget Committee will meet at 6:10 pm on Sunday, March 12 at the Lexington Municipal Club. CWMTF Trustees, guests, and staff will dine at 7:00 pm on Sunday, March 12 at the Bob Timberlake Gallery, 1714 East Center Street Extension, Lexington, NC 27292, tel. 1-800-244-0095. We will have a catered dinner of barbeque. The gallery is located just off I-85, Exit 94, and is only a couple of miles from the Lexington Municipal Club and the Comfort Suites. Mr. Timberlake is an avid outdoorsman and his gallery is packed with beautiful artwork representing the natural and cultural resources of our state. http://www.bobtimberlake.com/galleries.cfm. CWMTF Legislative Committee will meet at 7:45 am on Monday, March 13 at the Lexington Municipal Club. CWMTF Committee meetings will begin upon conclusion of the previous Committee meetings and may start before or after the time shown on the Agenda. All CWMTF Committee meetings are open to the public; all Trustees are invited.
CWMTF Trustees and staff plan to stay at the Comfort Suites of Lexington at 1620 Cotton Grove Road in Lexington (Exit 91 off Interstate 85). Contact 336-357-2333.
CWMTF staff will meet at 10:00 am on Thursday, March 16 in Raleigh.
CWMTF, Foothills Conservancy of NC, and others will celebrate protection of the headwaters of the Catawba River in McDowell County (CWMTF #'s 2002B-007, 2004B-013 & 2004B-014) on April 7, 2006.
The Board of Trustees of the Clean Water Management Trust Fund will meet on April 9-10 in Haywood County, May 7-8 in Raleigh, July 9-10 in Raleigh, and August 13-14 in Mt. Airy.
The next deadline for applications for grants from CWMTF is June 1, 2006 (2006B Fall Cycle).
Contact www.cwmtf.net for more information.
Announcements
Contact www.lexingtonnc.net/, www.co.davidson.nc.us, www.lexingtonchamber.net/ for more information about Lexington and Davidson County.
The NC Wildlife Resources Commission reminds North Carolina taxpayers to checkoff for nongame wildlife on line #26 of the NC Income Tax Form. Taxpayers have contributed $7 million since 1984 for wildlife. Contact www.ncwildlife.org for more information.
Legislative fiscal analyst Jennifer Haygood has left the Natural & Economic Resources team (including responsibility for CWMTF) for the Education team. Donna Steadman Cox has been named to the Office of State Budget and Management's General Government/Natural & Economic Resources Section. She will be budget analyst for DENR & CWMTF.
The NC Division of Environmental Health's Public Water Supply Section and the US Environmental Protection Agency will sponsor ³Building Partnerships to Protect Drinking Water Sources² at 9:00 am on March 8, 2006 at McKimmon Center in Raleigh. Contact Amy Axon at amy.axon@ncmail.net or 919-715-0674 or www.cadmusonline.net/nc-swp.
The legislature's Environmental Review Commission will receive reports from CWMTF, NHTF, PARTF, and other conservation programs at its March 14-15 meeting at the NC Zoological Park.
The 2006 Carolina Environmental Program's Environmental Symposium: Safe Drinking Water: Where Science Meets Policy will be March 16-17 at the Friday Center in Chapel Hill. Contact www.cep.unc.edu.
The Board of Trustees of the Parks & Recreation Authority will meet on March 17-18 at the Lake Lure Inn and on May 17 at Umstead State Park.
University of North Carolina at Wilmington, National Oceanic & Atmospheric Administration (NOAA), CWMTF and others will sponsor Coastal Conference on Ecosystem-Based Approaches to Management in the Southeast on March 19-21 at the Holiday Inn Sunspree in Wrightsville Beach.
Tar River Land Conservancy will host Stephen Small and many others on ³Financial Benefits of Conservation Easements: Conservation Programs and Tax Incentives for North Carolina Land Owners² on March 28 at the Masonic Home for Children in Oxford. Contact www.tarriver.org or 919-496-5902.
The Attorney General's Environmental Enhancement Grants Program is accepting applications for grants for immediate environmental enhancement, long-term environmental enhancement, and promotion of environmentally superior technologies until March 31, 2006. Contact Lisa Schneider at Department of Justice at 919-716-6600.
The 2006 Water Resources Research Institute's Annual Conference: Preparedness for Natural and Manmade Disasters will be April 4-5 at NC State University's McKimmon Center in Raleigh. Contact www.ncsu.edu/wrri/events/conference/index.html.
The Board of Trustees of the Natural Heritage Trust Fund will meet on April 19-20 in Raleigh. NC's Natural Heritage Program turns thirty on April 1. Contact www.ncnhtf.org/.
The NC Division of Water Quality is seeking comment on its draft 2006 Water Quality Assessment and Impaired Waters List until April 1, 2006. Contact http://h2o.enr.state.nc.us/tmdl/ or Linda Chavis at Linda.Chavis@ncmail.net or 919-733-5083 x 558.
The NC Division of Water Quality is requesting proposals for the federal fiscal year 2007 grant cycle for the Clean Water Act Section 319(h) program to reduce nonpoint sources of water pollution until May 15, 2006. Approximately $3,000,000 will be available. Contact http://h2o.enr.state.nc.us/nps/Section 319 Grant Program.htm or Kim Nimmer at 919-733-5083 or Kimberly.nimmer@ncmail.net.
The NC General Assembly convenes for its short session on May 9. County Commissioners Lobby Day at the NC General Assembly is May 17, Town Hall Day is June 7, and Land & Water Conservation Lobby Day is June 14.
(Trustees Wright, Chairman; Beane, Cragnolin, Howard, McLean, & Rascoe) Clean Water Management Trust Fund 200 Country Club Blvd Lexington, North Carolina Sunday, March 12, 2006
AGENDA
Jerry Wright, Chairman, Presiding
10:00 am C-A. Call to Order – Chairman Wright
1)
Welcome – Chairman Wright
2)
Executive Order Number One – Chairman Wright
3)
Revisions, additions & adoption of the Agenda – Chairman Wright
10:05 am C-B. Executive Director's 2005 Annual Performance Review – Chairman Wright
11:15 am C-C. Adjourn.
(Trustees Vaughan, Chairman; Crumpler, and Johnson) Clean Water Management Trust Fund 200 Country Club Blvd Lexington, North Carolina Sunday, March 12, 2006
AGENDA
Stan Vaughan, Chairman, Presiding
10:00 am A-11-i. Call to Order
1)
Welcome – Chairman Vaughan
2)
Executive Order Number One – Chairman Vaughan
3)
Revisions and additions to the Agenda – Chairman Vaughan
10:05 am A-11-ii. CWMTF Fiscal Management Review – Bill Holman and Francine Durso (Discussion Item)
11:00 am A-11-iii. Adjourn.
Clean Water Management Trust Fund (Trustees McLean, Chairman, Beane, Brannon, Crumpler, Markham & Mosley) Lexington Municipal Club 200 Country Club Blvd Lexington, North Carolina Sunday, March 12, 2006
AGENDA
Dickson McLean, Chairman, Presiding
11:30 am D-A. Call to Order – Chairman McLean
1)
Welcome – Chairman McLean
2)
Executive Order Number One – Chairman McLean
3)
Revisions, additions, and approval of the Agenda – Chairman McLean
11:35 am D-B. Consideration of Need for Further Criteria and Point Scale Under HB 1095 – Chairman McLean (Potential Action Item) Committee Discussion 3/12/06 Motion by Brannon to allow applicants 30 days, with leniency, to provide HB 1095 information. Field representatives are to contact and follow up with applicants before the 30 days expire. Motion carries.
Motion by Mosley to accept staff recommendation to award 0-9 points for the economic distress factor. Motion carries.
Motion by Mosley, 2nd by Crumpler, to award a total of 0-49 points for wastewater projects and 0-40 points for stormwater projects. Motion carries.
Motion by Brannon, 2nd by Mosley, to rank wastewater and stormwater projects first by the common criteria and then to rank all projects using the Board's existing criteria. The Board will use both sets of criteria in making final funding decisions. The common criteria would be used to establish a minimum threshold for fundable wastewater and stormwater projects and the existing criteria to further rank for funding priorities. Motion carries.
The common criteria are to be included in the June 2006 application.
Holman asked the Trustees if they would like to make other changes to the criteria beyond HB 1095, such as using Coastal Habitat Plans instead of the Albemarle Pamlico National Estuarine Program as a targeting criteria. McLean suggested that the greenway score should be increased, perhaps up to 30 points, to encourage additional greenways in the Piedmont which houses the majority of the population. He asked that a Criteria Committee meeting be scheduled at the next Board meeting to discuss additional changes to the criteria beyond the common critiera. Any additional changes would be incorporated into the December 2006 application.
Board Decision 3/13/06 Motion by Mosley, 2nd by Brannon, to recommend adoption of the criteria as approved by the Criteria Committee. Wright suggested that the Board discuss this issue after the break so that all Board members can review the proposed criteria. Mosley withdraws his motion. Board received updated version of criteria. Recommendation by Committee to approve criteria. McLean, through Jones, stated that some counties have a 5-year capital improvement plan and should get around 3 points. Motion by Brannon to add 3 points for a 5-year capital improvement plan. Crawley read the statute that requires a 10-year plan. Board decided couldn't add points for a 5-year plan. Vaughan requested that the economic distress factor be scored at 10 points rather than 9 points. Hollan asked how the criteria would work in practice and if a project that scores high with existing criteria could not be funded because of the common criteria. Mosley stated that common criteria was only one factor used in decision making. CWMTF's current criteria would be applied after the common criteria. Howard stated that any scoring is only factor in the Board's decision making. Motion carries with one opposing vote (Hollan).
12:30 pm D-C. Adjourn.
Infrastructure/Wastewater Committee (Trustees Mosley, Chairman; Crumpler, Howard, Johnson, Rascoe & Wright) |