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May 15-16 2005 Meeting of the CWMTF Board of Trustees Stewardship Committee Agenda
Board of TrusteesClean Water Management Trust Fund 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 Trustees 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
8:45 am B. Public Comments – (Three Minutes Per Person)
9:00 am C. Stewardship Committee Report – Chairman Baddour (See May 15, 2005 Stewardship Committee Agenda) 9:20 am D. Legislative Committee Report – Chairman McMillan (See May 15, 2005 Legislative Committee Agenda) 9:30 am E. Budget Committee Report – Chairman Vaughan (See May 16, 2005 Committee Agenda) 9:40 am F. Joint Long Range Planning & Restoration/Stormwater Committee Report – Chairman Beane (See May 15, 2005 Joint Long Range Planning & Restoration/Stormwater Committee Agenda) 9:50 am G. Break 10:00 am H. Executive Director’s Report – Bill Holman
10:20 am I. Attorney General’s Report – Frank Crawley 10:25 am K. “Enhancing and Assuring the Performance of Land Trusts” – Chuck Roe, Southeast Program Director, Land Trust Alliance (www.lta.org)The national Land Trust Alliance revised its standards and practices for land trusts in 2004. 11:00 am L. 2004B-040 – Division of Soil & Water Conservation’s Conservation Reserve Enhancement Program (CREP) Phase III – Trustees Wright & Smith, and Leland Heath (Discussion Item) At its September 2004 meeting in Kinston the Board voted to defer the Division of Soil & Water Conservation’s request for up to $18,774,000 to implement Phase III of CREP. The Board requested an evaluation and report from the Department of Environment & Natural Resources “on steps that DENR will take to improve administration and implementation of CREP, including but not limited to increasing the processing of enrollments, increasing the number of permanent easements, decreasing the administrative costs per enrollment, increasing the hydrologic restoration of enrolled tracts (such as reducing the number of ditches through riparian buffers), and targeting enrollments to maximize water quality benefits.” The Board also recommended that DSWC “not process any easement when the administrative costs are greater than the compensation received by the landowner.” DSWC has provided information on the processing of easements, hydrologic restoration, forestry management check-list. DENR may provide recommendations to CWMTF later this month. 12:00 pm M. Working Lunch 12:15 pm N. 2002A-708 – City of Raeford’s Peddlars Branch Stormwater Wetlands Project – Bill Holman (Action Item) At its July 2003 meeting in Raleigh the Board approved a grant of up to $296,000 to assist the City of Raeford with construction of a stormwater wetland through modification of an existing pond, contingent upon the City endorsing the Fort Bragg-Pope Air Force Base Joint Land Use Study (JLUS) recommendations to prevent encroachment by incompatible development. The City of Raeford requested that adoption of a Land Use Plan by the Hoke County Board of Commissioners be considered as an alternative to endorsement of the JLUS. The Hoke County Board of Commissioners unanimously adopted a Land Use Plan on April 4, 2005. CWMTF staff recommends that the Board approve Raeford’s request. Board Decision 5/16/05 Motion by McLean, 2nd by Weston, to approve staff recommendation. Motion carries.
Discussion of Allocation of Funds to Each Committee - Special committee will meet shortly after lunch today.
12:20 pm O. Acquisition Committee Report – Chair Cragnolin (See May 15, 2005 Acquisition Committee Agenda) (Action Items) 12:30 pm P. Restoration/Stormwater Committee Report – Chairman Beane (See May 15, 2005 Restoration/Stormwater Committee Agenda) (Action Items) 12:40 pm Q. Infrastructure/Wastewater Committee Report – Chairman Mosley (See May 15, 2005 Infrastructure/Wastewater Committee Agenda) (Action Items) 12:50 pm R. Discussion 1:00 pm S. Adjourn
CWMTF Trustees, guests, and staff have been invited to paddle the Neuse River from 1:00 pm to 5:00 pm on Saturday, May 14. Meet at the Cliffs of the Neuse State Park Office at 1:00 pm . Former State Trails Coordinator Tom Potter of Wayne County will guide the trip. Please remember to bring water and snacks for the canoe trip. Cliffs of the Neuse State Park is located 14 miles southeast of Goldsboro on NC Highway 111 and their number is (919)778-6234. The US Air Force Reserve will provide a briefing and tour of Seymour Johnson Air Force Base and on a refueling mission on a KC-135R Stratotanker on Sunday, May 15, 2005. Meet at 8:15 am at Wayne Community College at 3000 Wayne Memorial Drive in Goldsboro to take a shuttle bus to the base. Col. Paul Sykes, 916th Air Refueling Wing Commander, will lead the briefing. The CWMTF Acquisition Committee (Trustees Cragnolin, Chair; Baddour, Garrett, Hollan, Lathrop, McLean, & Vaughan) will meet at 1:45 pm on Sunday, May 15 at the Dining Hall, Wayne Learning Center, Wayne Community College at 3000 Wayne Memorial Drive in Goldsboro. The CWMTF Restoration/Stormwater Committee (Trustees Beane, Chairman; Coleman, Hester, Markham, McMillan & Weston) will meet at 2:20 pm on Sunday, May 15 at the Dining Hall, Wayne Learning Center, Wayne Community College at 3000 Wayne Memorial Drive in Goldsboro. The CWMTF Infrastructure/Wastewater Committee (Trustees Mosley, Chairman; Howard, Markey, Smith & Wright) will meet at 2:50 pm on Sunday, May 15 at the Dining Hall, Wayne Learning Center, Wayne Community College at 3000 Wayne Memorial Drive in Goldsboro. The CWMTF Stewardship Committee (Trustees Baddour, Chairman; Hollan, McMillan, Mosley, Vaughan & Wright) will meet at 3:20 pm on Sunday, May 15 at the Dining Hall, Wayne Learning Center, Wayne Community College at 3000 Wayne Memorial Drive in Goldsboro. The CWMTF Restoration/Stormwater Committee and Long Range Planning Committee (Trustees Markey, Chair; Baddour, Cragnolin, Hollan, Lathrop, and Markham) will meet jointly at 4:35 pm on Sunday, May 15 at the Dining Hall, Wayne Learning Center, Wayne Community College at 3000 Wayne Memorial Drive in Goldsboro. The CWMTF Legislative Committee (Trustee McMillan, All Trustees) will meet at 5:15 pm on Sunday, May 15 at the Dining Hall, Wayne Learning Center, Wayne Community College at 3000 Wayne Memorial Drive in Goldsboro. The CWMTF Budget Committee (Trustees Vaughan, Chairman; Coleman, Howard, Markey, McMillan, & Smith) will meet at 8:00 am on Monday, May 16 at the Dining Hall, Wayne Learning Center, Wayne Community College at 3000 Wayne Memorial Drive in Goldsboro. CWMTF Committee meetings will begin upon the conclusion of the previous Committee meeting and may start before or after the time shown on the agenda.All CWMTF Committee meetings are open to the public; all Trustees are welcome. CWMTF Trustees, guests, and staff are invited to a reception at the home of Margaret & Phil Baddour at 125 Pineridge Lane in Goldsboro at 6:00 pm on Sunday, May 15 followed by dinner at the famous Wilber’s Barbecue at 4172 US Highway 70 East in Goldsboro at 7:00 pm. Contact Wilber’s at 919-778-5218 if you need directions. CWMTF Trustees and staff are staying at the Hampton Inn at 905 North Spence Avenue in Goldsboro near US Highway 70. Contact 919-778-1800. CWMTF Trustees and staff are meeting at Wayne Community College. Contact 919-735-5151 or www.waynecc.edu for more information. Duke University student Eben Polk will start a Stanback Internship with CWMTF on May 16, 2005. The next deadline for applications for grants from CWMTF is June 1, 2005. CWMTF Staff will meet at 10:00 am on Thursday, June 9 in Raleigh. The Board of Trustees of the Clean Water Management Trust Fund will meet July 10-11 in Cary in Wake County, August 7-8 in Charlotte, and September 11-12 in Rutherford County. See www.cwmtf.net for more information. Announcements Contact Wayne County Chamber of Commerce at www.waynecountychamber.com or 919-734-2241 for more information about Goldsboro and Wayne County. The NC Land Trust Council presented its 2004 Awards on April 28, 2005: Stanback Volunteer Conservationist of the Year – Paul Braun of Burke County; Local Government Conservationist of the Year – Burke County; Corporate Conservationist of the Year – Kanavagh Company of Guilford County; and Government Conservation Partner of the Year – Clean Water Management Trust Fund. CWMTF congratulates the NC Division of Parks and Recreation for being one of three states named as finalists for the Gold Medal Award presented for excellence in park management by the American Academy for Parks Administration and the National Recreation and Parks Association. May is national wetlands month. Contact www.epa.gov/owow/wetlands. Voters in Apex, Cary and Wake Forest overwhelmingly approved issuance of local general obligation for wastewater and parks on May 3. Voters in Apex approved $35 million for regional wastewater, in Cary $110 million for regional wastewater and $10 million for parks, and in Wake Forest $7 million for parks. The NC League of Municipalities’ Town Hall Day at the legislature is May 11, 2005.Members of the Parks & Recreation Authority will meet at Umstead State Park on May 13-14, 2005. Members of the Stream Mapping Working Group and the Center for Geographic Information & Analysis will brief interested parties in the recommendation of the Geographic Information Coordinating Council on an “Implementation Plan to Improve the Mapping and Digital Representation of Surface Waters in North Carolina” at 1:30 pm on Monday, May 23 in the Education Building in Raleigh. The NC Division of Water Quality is seeking public comments on a proposed Jordan Lake Watershed Nutrient Limits and Control Strategy and on Draft 2005 Cape Fear River Basinwide Water Quality Plan by May 31, 2005. Contact www.h2o.enr.state.nc.us/tmdl or Robin Markham at 919-733-5083 ext 558 about the draft total maximum daily load (TMDL) for Jordan Lake and contact www.h20.enr.state.nc.us/basinwide/ for a copy of the draft basinwide plan. Land and Water Conservation Day at the legislature is Wednesday, June 1, 2005 (rescheduled from May 25). Chuck Peoples has been named Executive Director of the Tar River Land Conservancy. John Ramey, Forest Supervisor of National Forests in North Carolina, is retiring effective June 3, 2005. Deputy Supervisor Monica Schwalbach will become Acting Forest Supervisor upon his retirement. Saturday, June 4 is Land Trust Day in North Carolina. The International City/County Management Association (ICMA) and the Trust for Public Land (TPL), in cooperation with the US Environmental Protection Agency (EPA), will host a webcast, Protecting Water Resources through Land Conservation: Funding Options for Local Governments, on June 9, 2005. Wake County Manager David Cooke will participate. Contact http://lgean.org.html/training or call 877-865-4326. The first 100 sites to register for the webcast are free. The cost of the webcast is $95/site. The 31st Annual Meeting of the Southern Appalachian Highlands Conservancy is June 17-19, 2005 at the Corpening Training Center at Gill State Forest at Crossnore. Contact 828-253-0095 or www.appalachian.org.
AGENDA
1:45 pm O-A. Call to Order
Added Agenda Item: Withdrawal by applicants of two projects: 2004B-023 National Committee For The New River- Committee Recommendation 5/15/05 Motion by Hollan, 2 nd by Vaughan, to accept withdrawal. Motion carries. Board Decision 5/16/05 Board accepts Committee recommendation. 2004B-024 The Nature Conservancy-. Committee Recommendation 5/15/05 Motion by Baddour, 2 nd by Vaughan, to accept withdrawal. Motion carries. Board Decision 5/16/05 Board accepts Committee recommendation.
1:50 pm O-B. 2004B-031 NC Coastal Land Trust’s Browns Island Project – Damon Tatem (Action Item) At its November 2004 meeting in Greensboro the Board approved a grant of up to $679,000 to assist the NC Coastal Land Trust with the acquisition of two tracts on Browns Island in Carteret County in Core Sound in the White Oak River Basin. NCCLT wrote CWMTF on April 15, 2005 to withdraw its grant award because the property owners have sold or are selling their parcels for a much higher price. CWMTF staff recommends that the Board accept NCCLT’s request. Committee Recommendation 5/15/05 Motion by Hollan, 2 nd by Vaughan, to accept withdrawal. Motion carries. Board Decision 5/16/05 Board accepts Committee recommendation.
1:55 pm O-C. Review of 2005A Deferred Projects – Chair Cragnolin & CWMTF staff (Action Items) 1) 2003A-022 – The Nature Conservancy’s Upper Tar River Project – Leland Heath (withdrawal) Committee Recommendation 5/15/05 Motion by Vaughan, 2 nd by Hollan, to accept withdrawal. Motion carries. Board Decision 5/16/05 Board accepts Committee recommendation.
2) 2004B-013 – Foothills Conservancy’s Adams Tract on Left Prong of Catawba River – Tom Massie Committee Recommendation 5/15/05 Motion by Hollan, 2 nd by Vaughan, to defer to the next cycle. Motion carries. Board Decision 5/16/05 Board accepts Committee recommendation.
3) 2004B-050 – Sandhills Area Land Trust’s Gainey Tract on the Lumber River – Nancy Guthrie Committee Recommendation 5/15/05 Motion by Garrett, 2nd by Vaughan, to defer until enough information is available about appropriate appraisals and land values in the area. McLean recuses himself from discussion and vote. Motion carries. Board Decision 5/16/05 McLean recuses himself from discussion and vote. Board accepts Committee recommendation.
2:10 pm O-D. Preparation for Priority Setting on 2005A Cycle Projects at July 10-11 Board Meeting – Chair Cragnolin (Discussion Item) Mosley- requests that Acquisition, Restoration/Stormwater, and Wastewater Committees to discuss prioritizing the projects together. Hollan- Agrees that three Committees should discuss together before the Acquisition Committee discusses its own priorities. Beane- agrees it would be helpful for the three Committees to talk together. Mosley- If don't allocate funds to specific committees, them wastewater and stormwater will always suffer. Vaughan- maybe the scoring process is flawed and we should have a different scoring mechanism for stormwater and wastewater. T. Jones- reviewed scoring criteria changes already taken to even out the score. McLean- Joint committees made an effort to level out the scoring between project types, but this cycle appears that stormwater and wastewater are scoring lower. Seems like it needs more review. Howard- Have been concerned about putting too much of CWMTF's resources into acquisition and not into other project categories. Intent tomorrow to appoint a committee of the three Committee chairs, Wright and himself, to talk about allocating a certain amount of funds to each Committee, and then allow the Committees to prioritize themselves. Board may be putting too much emphasis on the scoring and needs to look at other issues. Vaughan- requested that staff provide a population total for each region. McMillan- agrees with Vaughan that military bases has strongly influenced the numbers and not many applications were received in the other categories. Howard- Will call a meeting tomorrow after lunch for the Committee chairs, himself, Wright, and Holman, and anyone else interested to discuss the issue.
2:15 pm O-E. Adjourn Restoration/Stormwater Committee AGENDA Ron Beane, Chairman, Presiding 2:20 pm P-A. Call to Order
2:25 pm P-B. 2001A-405 – Division of Soil & Water Conservation’s Agricultural Sediment Initiative – Bern Schumak (Information Item) On March 28, 2005 Julie Henshaw with the Division of Soil &Water Conservation wrote CWMTF on the status of the Division’s Agricultural Sediment Initiative. 2:30 pm P-C. 2002B-407 – Pilot View RC&D’s Yadkin Farmland Restoration Project – Bern Schumak (Action Item) On May 2, 2005 Pilot View RC&D requested an amendment to its grant award to require a 50-foot buffer instead of a 150-foot buffer because they did not receive federal farmland preservation funds. CWMTF staff recommends that the Board approve Pilot View’s request. Committee Recommendation 5/15/05 Motion by Weston, 2nd by Coleman, to accept staff recommendation. Motion carries. Board Decision 5/16/05 Board accepts Committee recommendation. 2:35 pm P-D. Review of 2005A Restoration/Stormwater Projects – Chairman Beane & CWMTF Staff (Action Item)
The Board voted at its March 2005 meeting in Raleigh that up to $75,000 would remain eligible for Robeson County’s ComTech Project. ComTech has submitted additional information to CWMTF for consideration. Committee Recommendation 5/15/05 Motion by McMillan, 2 nd by Weston, to make it eligible later this year for further review and funding up to $238,000. Motion carries. Board Decision 5/16/05 Board accepts Committee recommendation. 2:40 pm P-E. Preparation for Priority Setting on 2005A Cycle Projects at July 10-11 Board Meeting – Chairman Beane (Discussion Item) 2:45 pm P-F. Adjourn. Infrastructure/Wastewater Committee AGENDA Johnnie Mosley, Chairman, Presiding 2:50 pm Q-A. Call to Order
Committee Recommendation 5/15/05 No action taken. 3:00 pm Q-C. Update on Other Infrastructure/Wastewater Projects – Chairman Mosley & CWMTF Staff (Information Items)
Q-C 3. WW rates/other issues associated with regionalization of WW treatment for Fremont, Eureka and Goldsboro (Added agenda item.) Staff recommending that CWMTF provide $25,000 so that the study may move forward. Committee Recommendation 5/15/05 Motion by L. Smith. 2 nd by Wright, to accept staff recommendation. Motion carries. Board Decision 5/16/05 Board accepts Committee recommendation with one opposing vote.
3:10 pm Q-D. Preparation for Priority Setting on 2005A Cycle Projects at July 10-11 Meeting – Chairman Mosley (Discussion Item) 3:15 pm Q-E. Adjourn.
AGENDA Phil Baddour, Chairman, Presiding 3:20 pm C-A. Call to Order
3:25 pm C-B. Violation of CWMTF & NCCLT Conservation Easements on CWMTF Project #1998B-012 – Robin Hammond & Nancy Guthrie (Information Item) 3:30 pm C-C. Adoption of CWMTF Stewardship Policy – Chairman Baddour & Nancy Guthrie (Potential Action Item) At its April 10, 2005 meeting in Southport the Stewardship Committee directed CWMTF Staff to prepare a draft stewardship policy for committee discussion and potential action. CWMTF staff recommends that the Committee approve a draft policy and then seek comments from land trusts, other agencies, and legislative leaders before making adopting a final policy. Committee Recommendation 5/15/05 Motion by McLean, 2 nd by Vaughan, to make the following two changes in the “Non-Profit Organization” section on top of page 2. “This section will clearly state that what stewardship obligations survive the real estate closing and the closeout of the grant agreement. Stewardship obligations should also be more clearly addressed in the conservation easement so that the obligations on the grant recipient are clearly perpetual defined. ” Motion carries. In the “Non-Profit Oversight: Board of Directors,” reword to: “The board should consist of no more than 7 members, with 2 of the 7 members representing the interest of stewardship providers.” Intention for initial Board to be 4 members to be appointed by the CWMTF Chairman, 1 by the State Treasurer and 2 members, appointed initially by the CWMTF Chairman, from the land trusts. Bylaws could be amended in future to include additional members. General concensus from the Committee on this change. Motion by Mosley, 2 nd by Wright, to adopt policy as amended, as a tentative stewardship policy and to seek comments from land trusts and others on the draft policy. Motion carries. Board Decision 5/16/05 Hollan asked that the Stewardship Committee consider how we would transition from current situation in existing grants to a future structure with a nonprofit. Board accepts Committee recommendation. Approved DRAFT resolution is available on-line here. 4:30 pm C-D. Adjourn. AGENDA Ron Beane, Chairman, Presiding 4:35 pm F-A. Call to Order
4:40 pm F-B. Monitoring Contract – Chairman Beane & Beth McGee (Potential Action Item) At its July 2004 meeting in Raleigh the Board set aside up to $500,000 to pay for a centralized monitoring contract. At its January 2005 meeting in Raleigh the Board directed CWMTF staff to continue discussions with NC State University’s Water Quality Group and bring a specific proposal and budget back to the Board for review. CWMTF Staff recommends that the Board approve a total of up to $517,000 to the NCSU Water Quality Group to monitor a subset of CWMTF-funded restoration, stormwater and best management practices (BMP) projects over the next three years. This commitment would represent an average yearly cost of about $172,000, including indirect costs. Thirty-one existing projects would be inspected, monitored and evaluated through a single site visit in 2006. In addition, seven recently funded projects would be selected for more comprehensive monitoring over a three-year period. See agenda attachments for a copy of the revised proposal and budget. A stream restoration monitoring report that the Water Quality Group prepared for the EEP program has also been included. This type of report would be submitted to CWMTF for the seven projects receiving the more comprehensive monitoring. CWMTF staff further recommends that the Board approve amendments to the budgets of existing and proposed restoration, stormwater, and BMP projects to eliminate monitoring costs, where appropriate. Committee Recommendation 5/15/05 Motion by Cragnolin to submit exact proposal to NCSU Dept Forestry for a bid by the next Board meeting. Motion fails for lack of a 2 nd . Motion by McMillan, 2 nd by Hollan, to accept staff recommendation to approve a total of up to $517,000 to the NCSU Water Quality Group to monitor a subset of CWMTF-funded restoration, stormwater and best management practices (BMP) projects over the next three years. Motion carries (4 votes for motion and 3 votes against motion). Board Decision 5/16/05 Board accepts Committee recommendation (3 votes opposing the motion) 5:10 pm F-C. Adjourn.
AGENDA John McMillan, Chairman, Presiding 5:15 pm D-A. Call to Order
5:20 pm D-B. Update on Development of 2005-2007 State Budget – Chairman McMillan The Senate passed SB 622, 2005 Appropriations Act, on May 4-5, 2005. SB 622 appropriates $100,000,000 each year to CWMTF. 5:30 pm D-C. Meetings with Senate Leaders and Senators – Chairman McMillan 5:40 pm D-D. Meetings with House Leaders and Representatives – Chairman McMillan 5:50 pm D-E. Other Legislation – Chairman McMillan & Bill Holman
6:00 pm D-F. Adjourn.
AGENDA
Stan Vaughan, Chairman, Presiding 8:00 am E-A. Call to Order
8:05 am E-B. Contracts that May Be Unencumbered – Francine Durso Committee Recommendation 5/15/05 Board accepted Committee recommendation to unencumber $3,634,479 and to provide these monies to the Acquisition Committee to fund the top three phased projects (2004B-020, 2004B-027, 2004B-039 totalling 3,855,000) that were awaiting available funds. Hollan recuses himself from discussion and vote. Motion carries.
8:10 am E-C. Update on CWMTF Audit – Francine Durso 8:20 am E-D. Adjourn Home/Welcome/Trustees/Meetings/CWMTF Contacts/CWMTF Grant Application/Grant Application Guidelines |