Board of Trustees Clean Water Management Trust Fund 1767 Chowan County Courthouse
115 East King Street Edenton, North Carolina Monday, October 10, 2005
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 Chowan County – The Honorable Wayne Goodwin, Chairman, Chowan County Board of Commissioners and Cliff Copeland, Chowan County Manager
2)
Welcome to Edenton – The Honorable Rowland Vaughan, Mayor of Edenton and Anne-Marie Knighton, Edenton Town Manager
3)
Senate Reappointments of Bill Hollan of Forsyth County and Dickson McLean of Robeson County to the Board of Trustees of CWMTF (HB 1207) – Chairman Howard
4)
Senate Appointment of Dr. Yevonne Brannon of Wake County to the Board of Trustees of CWMTF (HB 1207) – Chairman Howard
5)
House of Representatives' Reappointment of Robert Howard of Brunswick County to the Board of Trustees of CWMTF (HB 1207) – Chairman Howard
6)
House of Representatives' Appointments of Charles Johnson of Pitt County and Peter Rascoe of Chowan County to the Board of Trustees of CWMTF (HB 1207) – Chairman Howard
7)
Governor Easley's Appointment of John Crumpler of Wake County to the Board of Trustees of CWMTF – Chairman Howard
8)
Roll Call – Gina Weaver
9)
Executive Order Number One – Chairman Howard
10)
Revisions, additions and adoption of the Agenda – Chairman Howard (Action Item)
11)
Please put cell phones on vibrate or off – Chairman Howard
12)
Review and approval of the transcript of the August 8, 2005 meeting of the Board of Trustees in Huntersville – Chairman Howard (Action Item)
13)
Appointments of new Trustees to CWMTF Committees – Chairman Howard
14)
August 23, 2005 Friends of the River Event – Trustee Cragnolin
15)
August 31, 2005 River Dunes Event – Trustees Smith & Wright
16)
September 8, 2005 Lake Wylie Tour – Trustee Vaughan
17)
September 30, 2005 Cool Springs Event – Trustee Markham
18)
October 3, 2005 Waynesville Watershed Event – Trustee Beane
19)
Letter from Major General Robert C. Dickerson, US Marine Corps, Camp Lejeune – Chairman Howard
20)
Location of November 13-14, 2005 Board of Trustees Meeting in Wilmington – Chairman Howard
21)
Location of January 8-9, 2006 Board of Trustees Meeting in Lake Lure – Chairman Howard
22)
Recognize CWMTF Advisory Committee Members – Chairman Howard
8:45 am B. Public Comments – (Three Minutes Per Person)
1)
Wayne Hollowell, Chairman, Albemarle Resource Conservation and Development Council
2)
Claudia Deviney, Preservation North Carolina
9:00 am C. Stewardship Committee Report – Chairman Baddour (See October 9, 2005 Stewardship Committee Agenda) (Information Item)
9:10 am D. Legislative Report – Bill Holman
9:20 am E. Personnel Committee Report – Chairman Smith (See October 10, 2005 Personnel Committee Agenda) (Action Item)
9:30 am F. Executive Director's Report – Bill Holman
1)
2005-2006 Budget Update – Francine Durso
2)
Status of Draft Contracts – Francine Durso
3)
Certification of Debt Service for Series 2005A Certificates of Participation – Francine Durso
4)
Communications Report – Lisa Schell
5)
Summary of SB 622, Session Law 2005-276, 2005 Appropriations Act – Bill Holman
6)
HB 1095, Clarify Clean Water Funding, by Representative Gibson and Senator Kerr – Bill Holman
7)
SB 1126, Implement Saltwater Fishing License, by Senator Albertson – Damon Tatem
8)
HB 1269/HB 403, 2005 Studies Act – Bill Holman
9)
Damon Tatem's Reappointment to Atlantic States Marine Fishery Commission by Governor Easley – Bill Holman
10)
Executive Order #74 regarding the Albemarle-Pamlico National Estuary Program (APNEP) – Bill Holman
11)
Senate Reappointment of Bill Holman to the Commission on State Property (HB 1207) – Bill Holman
12)
2005 NC-US EPA Section 319 Grants – Bill Holman
13)
2006 Federal Coastal Stormwater/Nonpoint Source Grants – Damon Tatem
14)
Council of State Governments' 2005 Award to NC Ecosystem Enhancement Program (EEP) – Bill Holman
15)
August 1, 2005 Wilmington Star News article on public access to public waters – Bill Holman
16)
August 15, 2005 Greenwire article on NC Wildlife Resources Commission's Comprehensive Wildlife Management Plan – Bill Holman
17)
August 18, 2005 Greenwire article on US Environmental Protection Agency guidance regarding plans to clean up impaired waters – Bill Holman
18)
August 21, 2005 Charlotte Observer editorial on restoring oysters – Bill Holman
19)
August 25, 2005 Charlotte Observer article regarding Duke Power charging fees for use of water from Catawba River – Bill Holman
20)
September 18-22, 2005 13th National Non Point Source Monitoring Conference at NC State University – Beth McGee and Tom Jones
21)
September 21, 2005 Meeting of the NC Advisory Commission on Military Affairs – Bill Holman
22)
September 23, 2005 Meeting of the Board of Trustees of the Natural Heritage Trust Fund & Natural Heritage Trust Fund Fall 2005 Awards – Bill Holman
23)
Letters of Support – Bill Holman
24)
CWMTF Investments in Chowan County – Bill Holman
9:50 am G. 2005A Cycle Priority List – Bill Holman & Francine Durso (Action Item)
The Board approved 56 projects plus 15 donated easement grants and mini-grants and 3 projects to be funded using special indebtedness (COPs) at its August 8, 2005 meeting in Huntersville and asked the staff to consider time sensitivity when listing projects in the order that staff will draft and negotiate contracts. CWMTF staff recommends that the Board adopt the 2005A Cycle Priority List provided in the Board packet.
10:00 am H. Attorney General's Report – Frank Crawley
The 2005 General Assembly enacted and Governor Easley signed SB 612, Amend Lobbying Laws, by Senator Tony Rand and others. The law will regulate both lobbying of legislative branch and executive branch officials.
10:10 am I. Break
10:20 am J. North Carolina's Wildlife Action Plan – Scott Van Horn, Interim Wildlife Action Plan Coordinator, NC Wildlife Resources Commission (www.ncwildlife.org) (Information Item)
10:50 am K. Acquisition Committee Report – Chair Cragnolin (See October 8 and 9, 2005 Acquisition Committee Agendas) (Action Items)
11:50 am L. Working Lunch
12:10 pm M. Infrastructure/Wastewater Committee Report – Chairman Mosley (See October 9, 2005 Infrastructure/Wastewater Committee Agenda) (Action Items)
12:30 pm N. Restoration/Stormwater Committee Report (See October 9, 2005 Committee Agenda) – Chairman Beane (Action Items)
1:00 pm O. Preparation for CWMTF Retreat on January 8-9, 2006 – Chairman Howard & Bill Holman
1:15 pm P. Discussion
1:30 pm Q. Adjourn
CWMTF Announcements
The Board of Trustees of CWMTF did not meet at Lake Lure on September 11-12, 2005 to comply with the Office of State Budget & Management's directives on travel to conserve fuel.
The CWMTF Acquisition Committee will meet at 10:00 am on Saturday, October 8 at the 1767 Chowan County Courthouse and at 4:30 pm on Sunday, October 9, 2005.
The CWMTF Stewardship Committee will meet at 10:00 am on Sunday, October 9 at the 1767 Chowan County Courthouse.
The CWMTF Infrastructure/Wastewater Committee will meet at 11:00 am on Sunday, October 9 at the 1767 Chowan County Courthouse.
The CWMTF Restoration/Stormwater Committee will meet at 2:30 pm on Sunday, October 9 at the 1767 Chowan County Courthouse.
The CWMTF Personnel Committee will meet at 7:50 am on Monday, October 10 at the 1767 Chowan County Courthouse.
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. The Acquisition Committee may begin to review projects on Saturday that are scheduled to be reviewed on Sunday. The Personnel Committee may meet on Sunday, October 9.
All CWMTF Committee meetings are open to the public; all Trustees are invited.
CWMTF Trustees, guests, and staff will dine at 7:00 pm on Sunday, October 9 at Chero's Market Café at 112 West Water Street in Edenton (252-428-5525).
CWMTF staff will meet at 10:00 am on October 25 in Raleigh.
CWMTF, Weyerhaeuser, NC Coastal Land Trust, and DENR will celebrate conservation of Cool Springs (CWMTF #2001B-028) on September 30, 2005 at 11:00 at the Museum of Natural Sciences in Raleigh.
CWMTF, Waynesville, Conservation Trust for NC, and Southern Appalachian Highlands Conservancy will celebrate conservation of Waynesville's Allens Creek watershed (CWMTF #1997A-012) on October 3, 2005. News conference and watershed tour will begin at 10:00 am at the dam. Lunch will follow at the Waynesville Country Club at 12:30 pm.
CWMTF and The Nature Conservancy will celebrate conservation of Long Hope Valley (CWMTF #2004B-027) on October 21, 2005 at the Long Hope Trout Club.
CWMTF, Mt. Holly, Catawba Lands Conservancy, and others will celebrate protection of additional land in the Mountain Island and Lake Wylie watersheds (CWMTF #2004B-022) on October 24, 2005 at 11:00 am at Mtn. Island Park, Mt. Holly.
Foothills Conservancy of NC, NC Division of Parks & Recreation, CWMTF and others will celebrate expansion of Lake James State Park in Burke County (CWMTF #2004B-038) on November 5, 2005 at 1:00 pm at Lake James State Park. The Foothills Conservancy is also celebrating its tenth anniversary.
The Board of Trustees of the CWMTF will meet on November 13-14 at the Hilton in Wilmington (note location change; see www.cape-fear.nc.us or call 1-800-222-4757), January 8-9, 2006 at the Lake Lure Inn (note location change; see www.thehickorynutgorge.com), and February 12-13, 2006 in Tabor City.
The next deadline for applications for grants from CWMTF is December 1, 2005.
Contact www.cwmtf.net for more information. Announcements
Contact Edenton-Chowan Chamber of Commerce 800-775-0111 or www.visitedenton.com for more information about Edenton and Chowan County.
See www.sandypoint.com for more information about the Duany, Plater, Zybeck & Co. planned neotraditional community on Albemarle Sound east of Edenton.
Lake James advocate and retired US Air Force Lt. Col. Art Bonham, 69, died on August 23, 2005.
The NC Wildlife Resources Commission dedicated its Pisgah Fish Hatchery in honor of longtime Commissioner Bobby Setzer of Jackson County at its August 26, 2005 meeting.
DENR Secretary Bill Ross announced that Mary Penny Thompson, DENR Assistant General Counsel, has been named DENR General Counsel, replacing Dan Oakley who retired July 1.
President Bush has nominated former state Representative Lyons Gray of Forsyth County to be the Chief Financial Officer of the US Environmental Protection Agency.
The US Environmental Protection Agency has recently published National Management Measures to Protect and Restore Wetlands and Riparian Areas for the Abatement of Nonpoint Source Pollution (Publication # EPA 841-B-05-003). Contact http://epa.gov/owow/nps/wetmeasures/ or 1-800-490-9198.
The 19th Annual NC Seafood Festival is September 30 – October 2 in Morehead City. Contact www.ncseafoodfestival.org.
Big Sweep is Saturday, October 1. Contact www.ncbigsweep.org or call 800-27-SWEEP. The NC Natural Heritage Trust Fund has hired Lisa Riegel to become its first executive director. She starts on September 30. The National Park Service has named Phil Francis as Acting Superintendent of the Blue Ridge Parkway. The US Forest Service has named Marisue Hilliard as Supervisor of National Forests in North Carolina. She starts October 1, 2005. Marla Wilson, Executive Director of the High Country Conservancy, has resigned to move to Vermont. Jeffrey Scott, Executive Director of the National Committee for the New River, has resigned to start a conservation real estate business. Henderson County has hired Burke County Planning Director Judy Francis as its Planning Director starting October 3.
The NC Cooperative Extension Service is offering free training sessions about the Phase II stormwater program in Concord on October 11, in Greensboro on October 12, in Snow Hill on October 19 and in Monroe on November 9. Contact Annette Lucas at aclucas@ncsu.edu or http://www.bae.ncsu.edu/stormwater/new/.
The Board of Trustees of the Parks and Recreation Authority will meet at Stone Mountain State Park on October 14-15, 2005. Contact Robin Capps at NC Division of Parks & Recreation at robin.capps@ncmail.net or 919-715-2661 or http://ils.unc.edu/parkproject/html.
The NC League of Municipalities is meeting in Hickory on October 16-18, 2005. Contact www.nclm.org.
The NC Rural Economic Development Center is holding a workshop on the $20,000,000 NC Economic Infrastructure Fund for wastewater, drinking water and other projects on October 19 at the Rural Center in Raleigh. Contract Courtney Kilpatrick at 919-250-4314 or ckilpatrick@ncruralcenter.org by October 10 to reserve a seat.
The deadline to apply for the 2006 Class for the NC Natural Resources Leadership Institute is October 21, 2005. Contact www.ces.ncsu.edu/NRLI or Mary_Addor@ncsu.edu.
The NC Division of Water Quality is preparing to update its Basinwide Water Quality Plans for the Hiwassee, Little Tennessee, and Savannah River Basins. NCDWQ and local organizations are hosting a conference on November 1, 2005 (rescheduled from September) about water quality issues in southwestern NC at the Macon County Recreation Building at 1288 Georgia Road in Franklin. Contact Dave Toms at 919-733-5083 ext 577 or dave.toms@ncmail.net or http://h2o.enr.state.nc.us/basinwide.
The 9th Annual Wings Over Water Festival is November 1-6, 2005 on the Outer Banks. Contact www.northeast-nc.com/wings or Outer Banks Chamber of Commerce at 252-441-8144.
The 2005 Rural Partners Forum: “Small Town, NC: Embracing Change, Taking Charge” is November 3-4, 2005 at the North Raleigh Hilton. Contact www.ncruralcenter.org/forum2005.
The 2005 National Urban Forest Conference “Nature at Your Service will be held November 17-18, 2005 in Charlotte. Contact http://www.americanforests.org/conference/.
See www.onencnaturally.org for more information about land and water conservation in North Carolina. (Trustees Cragnolin, Chair; Baddour, Garrett, Hollan, Lathrop, McLean & Vaughan) Clean Water Management Trust Fund 1767 Chowan County Courthouse Edenton, North Carolina Saturday, October 8, 2005
AGENDA
Karen Cragnolin, Chair, Presiding
10:00 am K-A. Call to Order
1)
Welcome – Chair Cragnolin
2)
Executive Order Number One – Chair Cragnolin
3)
Revisions, additions and adoption of the Agenda – Chair Cragnolin
10:05 am K-B. Status of Active Acquisition Contracts – Francine Durso (Information Item)
10:10 am K-C. Review of Standard CWMTF Acquisition Contract and Standard CWMTF Conservation Easement – Robin Hammond (Information Item)
10:20 am K-D. 2004B-048 – NC Wildlife Resources Commission's University Gardens Tract/Dawson Creek – Damon Tatem (Action Item)
The Wildlife Resources Commission wrote CWMTF on August 5, 2005 and asked the Board to accept withdrawal of its application for the University Gardens tract because the landowners are not willing to sell at the present time. CWMTF staff recommends that the Board approve the WRC's request.
10:25 am K-E. 2002B-001 - Blue Ridge Rural Land Trust - Bern Schumak (Action Item)
On July 22, 2003, the Board approved a grant of up to $276,000 to the Blue Ridge Rural Land Trust (BRRLT) to protect Moravian and Big Warrior Creeks in Wilkes and Alexander Counties through partial funding for a conservation easement, transaction and stewardship costs for the Perry Lowe Orchard tract at a bargain sale, and only the transaction and stewardship costs for a donated easement on the Broyhill tract.
The 820-acre Broyhill tract is adjacent to approximately 1,400 acres of land owned by the YMCA and, as a condition of the contract, BRRLT was to contact the YMCA and encourage the YMCA to donate a conservation easement to the State of North Carolina on its 1,400 acres. During the Board's initial review of this project, photos of the YMCA tract were shown, including the 120-acre lake on the property.
In June 2005, the BRRLT emailed CWMTF to advise that the Broyhills will eventually donate an easement on their tract but not until 2007 or 2008 which is after the expiration date of this contract. Therefore, the funds allocated for transaction and stewardship for the Broyhill Tract will not be needed at this time. However, during discussions with the YMCA, BRRLT discovered that the YMCA was quite receptive to the idea of donating an easement and requested that some of the funds allocated for easement negotiation on the Broyhill tract be used instead for easement negotiations on the YMCA tract.
CWMTF staff recommends that the Board approve BRRLT's request with the stipulation that up to $12,000 of these project funds may be used only for easement negotiations on the YMCA tract; this use of funds may help advance the protection of the YMCA Tract which was discussed and presented during the original project review.
10:35 am K-F. Fiscal Year 2005-2006 Allocation for Donated Easement Grants – Bill Holman (Action Item)
CWMTF staff recommends that the Board allocate up to $500,000 for donated easement grants in fiscal year 2005-2006 to pay the transaction and stewardship costs associated with the donation of conservation easements. In fiscal year 2004-2005, the Board allocated $400,000 for donated easement grants, and committed all those funds. The Board approved $246,800 for 11 donated easement grants at its August 8, 2005 meeting for fiscal year 2005-2006.
On September 12, 2005 the Blue Ridge Rural Land Trust wrote CWMTF to thank CWMTF for the Donated Easement Grant Program.
10:45 pm K-G. 2005D-012 – Catawba Lands Conservancy's Pauline Waters Tract on Hoyle Creek – Bern Schumak (Action Item)
On July 27, 2005 the Catawba Lands Conservancy (CLC) wrote CWMTF and requested a donated easement grant of up to $16,566 to fund some of the transaction and stewardship costs associated with the donation of a 66.7-acre conservation easement by Ms. Pauline Waters on Hoyle Creek in Lincoln County in the Catawba River Basin. CLC will hold the conservation easement. CWMTF staff visited the site on September 1, determined that it meets the Board's criteria, and recommends that the Board approve CLC's request up to $17,000. 10:50 am K-H. Review of 2005B Cycle Acquisition Projects – Chair Cragnolin & CWMTF Staff (Action Items)
·
Note that the project scopes for the following items are in the Sept. 2005 Board meeting package except as noted below.
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Note that a short lunch break will be taken at the appropriate time.
Projects acted favorably upon by the Committee and the Board of Trustees will remain eligible for further review later this year.
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