MINUTES 09-20-2010
New Hanover Soil and Water Conservation District Board Meeting held at Wilmington, NC.
Meeting Number 5_ Date: _September 20, 2010
Supervisors Present: Others Present:
Bill Golder Dru Harrison, Interim Director
Dave Thomas Amy Long, Education Assistant _____
Bill Hart Jane Wood, District Conservationist
Donna Moffitt Steve Skavroneck, NHC resident___________
Was this meeting held during a meal: No _
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Mr. Hart called the meeting to order at 3:20pm. Ms. Harrison noted addition of the Sept 17 minutes
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to the agenda. Mr. Golder made motion to approve the amended agenda with both the Aug 20 and
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Sept 17 minutes. Mr. Hart seconded motion; the agenda was approved as amended.
Mr. Hart submitted corrections to the August 20th regular Board Meeting minutes ahead of time. Mr.
Golder moved the approval of the corrected minutes. Ms. Moffitt seconded the motion for the revised
minutes; motion passed unanimously.
Mr. Golder moved the approval of the minutes for the September 17th, 2010, special closed meeting
held to discuss Eagle Island (EI) land acquisition of Winner property. Ms. Moffitt seconded the
motion; motion passed unanimously.
Financial Report
Ms. Harrison gave the financial report. Quarterly reporting and request will be made to City
Stormwater Services and Ag Cost Share Program at the end of the month. Discussion and
explanation regarding cash flow and how the District receives funds was presented so Mr.
Skavroneck could understand how the District functions. Mr. Golder moved the approval to accept
the report for information. Ms. Pritchett seconded motion; motion accepted unanimously.
Supervisor & Staff Reports
Meeting with the County Manager: Ms. Harrison, Mr. Thomas, and Ms. Pritchett met with County
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Manager, Mr. Bruce Shell, and Assistant County Manager, Mr. Chris Coudriet, on September 17, to
talk about the District becoming a New Hanover County department. Mr. Shell conveyed that the
county is interested in doing so, but cannot while county employee furlough days are still being
enacted. Ms. Harrison’s impression is that NHSWCD will not become a full-fledged county office until
furlough days are no longer needed.
During the meeting with the county, Ms. Pritchett asked if there was anything that could be done now
to both relieve the District of some financial burdens, and start the process of becoming a county
department. Ms. Harrison explained that in the meeting, several of these items were discussed;
health care, county vehicle use, bonding. Pender County SWCD is not a county department but
Pender County supplies their District employees with health insurance. Pender SWCD reimburses the
county for this coverage. Ms. Harrison is working with Mr. Coudriet to see if it can be done in New
Hanover County. County vehicle use was also discussed in the meeting. [period missing] Mr.
Coudriet and Ms. Harrison are investigating insurance liability and will then look into approval of
NHSWCD vehicle use.
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Ms. Harrison is doing a cost savings analysis for NHSWCD absorption into County offices looking at
all issues, workmen’s comp, bonding, vehicle use, health insurance, and state retirement. Risk
Management and Human Resources will help provide the necessary information for the comparison.
It would cost NHSWCD less to reimburse the county than to purchase these things on its their own.
Ms. Harrison will copy Mr. Shell and Mr. Thomas on all emails concerning the investigation into
insurance liability and cost savings analysis so that there is accountability for Ms. Harrison and Mr.
Coudriet.
Everyone in attendance at today’s NHSWCD board meeting agreed that becoming a county
department or even having the umbrella (liability) coverage would be an important financial boost to
the District. Ms. Harrison added that Supervisors are already covered by the state because they are
elected officials and that Mr. Shell did not foresee issues with NHSWCD reimbursing the County for
liability coverage. Ms. Pritchett, responding to Mr. Shell at the meeting, agreed and added that it is a
question about covering staff.
Response to CFPUA Manager’s Communication:
Mr. Hart reported that he circulated an email from Mr. Jordan of the CFPUA to the Board members.
The CFPUA does not seem to recognize that the request is coming from an elected body, not Mr.
Hart, private citizen. Mr. Hart will not individually respond. If there is a response, it should be a formal
one from the Board. Mr. Hart requested help from the Board in drafting a response. Ms. Moffitt
supported a formal response to the CFPUA and suggested using official letterhead and all
Supervisors sign.
There was discussion regarding CFPUA policy and procedure regarding Right of Way (ROW)
maintenance: Mr. Hart reported that the CFPUA general policy is to leave chopped up debris on the
side of ROWs with the explanation that decaying vegetation stabilizes the site. In a phone call, Mr.
Jordan claimed the Corps of Engineers made a site visit and approved the method. Ms. Moffitt
commented that this is not typically how the Corps works. Mr. Hart agreed and indicated that he
would call Regulatory to see if Corps had indeed made a site visit. The county and city should be
copied on correspondence as well. She also suggested waiting until after the November elections
(after discussion of anticipated changes in the CFPUA commissioning body). Ms. Harrison and Mr.
Hart will draft a response and pass around for everyone to respond and work on. Formal response
will be sent after November elections.
Bonding
Ms. Harrison reported on progress she has made investigating cost of bonding for the NHSWCD. To
bond up to 5 employees, it will cost $326.03/year for $100K coverage. A 2.8% discount is available if
a 3 year contract is signed. To bond more than 5 people, cost increases by $30/person. NHSWCD
currently has three people signing checks.
Ms. Harrison reported that although this is an issue that may get absorbed by county liability
coverage, the Board still needs to examine cost in the event that county assistance is not received.
These costs should be budgeted for now in the 2011 budget. Ms. Harrison has the application and
information if NHSWCD needs to pursue on their own.
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Mr. Thomas asked for the motivation of bonding. Ms. Harrison reminded the board that this is an
issue for the NHSWCD because it is not a county department. The Soil and Water Area is bonded,
but the District is not. Mr. Golder reiterated that bonding protects the District from the duty to deal
with and embarrassment of potential embezzlement. The bonding agency deals with the prosecution.
They recover the money, not NHSWCD. Ms. Harrison added that the District could not afford the legal
fees to do this independently and the issue of accountability to County, State and City is a further
concern.
Ms. Moffitt commented that NHSWCD will need to revisit the level of the bonding if the county does
not cover us. She asked Ms. Harrison to see what percentage the bonding agencies typically bond
for. The NHSWCD annual budget is only $100K, so do you bond for $100K or less?
Mr. Hart’s opinion was to bond for the full $100K. Ms. Harrison will follow up with Mr. Shell, county
manager.
E-mail Protocol
Mr. Hart reiterated Ms. Harrison’s report from last meeting: Supervisors cannot “reply-all” in emails
because it would be a violation of public meeting law. Ms. Harrison read a forwarded email from Pat
Harris that she will send to the Board. Public bodies cannot conduct round-robin discussion of public
business through email without running the risk of violation of open public meeting laws. Board can
forward news articles, agendas and materials for upcoming meeting. Not appropriate to initiate or
continue discussion on official board business. Harris is still waiting to hear from School of
Government opinion on this.
Supervisors asked clarifying questions which resulted in the understanding that person to person
email is fine. Phone calls are fine. Communication cannot be a forward of emails. Emails about
setting meeting times are acceptable.
Project Updates
CCAP
Bradley Creek Elementary School: Ms. Harrison reported on the BMP that was completed on
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September 8, 2010 at Bradley Creek Elementary School. Ms. Harrison, Ms. Long, and Mr. Hart were
there to participate in planting 600 plants in a 5000 sq. foot stormwater wetland. The NC Coastal
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Federation is the applicant on this CCAP urban BMP project. The entire 3 grade student body
helped with the planting. The event was well covered by the press, including local TV and newspaper.
Given media coverage, Coastal Federation was successful with the media plan. Ms. Harrison
recommended for all future projects a MOU regarding media coverage and public visibility of
NHSWCD funding and participation. An MOU should mandate that the NHSWCD name and logo be
visible on any material a grant recipient creates and it should also have ground rules for press and
media coverage. Ms. Harrison agreed but stressed the importance of media coverage. Her
suggestion was to somehow stipulate that a representative of the NHSWCD must be interviewed if
media coverage is obtained for projects. This change will need to be added when the District
completes its strategic plan for the Division. Staff will investigate how other Districts handle this type
of issue and inquire about any existing MOU’s that address media coverage.
Ms. Harrison informed the Board that the phase 3 BMP for Bradley Creek is underway and is
undergoing technical analysis.
Eagles Island
1. Land Acquisitions: Blue Sky, McLaughlin, Funding
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Ms. Harrison reported that NHSWCD has received Clean Water Management Trust fund money for
the purchase of the Blue Sky property. There is also the possibility of mitigation funding from Fish &
Wildlife becoming available for this property. Mitigation funds will not be decided until some time in
October. The District will have to choose which source of funding to use if the mitigation funds
become available. Ms. Harrison and Ms. Marilyn Meares are currently working on the documentation
required by Clean Water to receive the trust fund contract.
Ms. Harrison reported that Ms. Meares has contacted the landowner of McLaughlin property. In their
conversation, Ms. Meares told Ms. Harrison that she explained the acreage price that has been paid
for similar EI properties to the owner. This would amount to $300K for the McLaughlin property. The
owner is not interested in selling the property for that amount at this time. Ms. Meares tried to explain
conservation easements and to see if the owner would be interested in that option since she is
unwilling to sell. The owner indicated possible interest in the easement.
Mr. Thomas informed the group that he received an email from Nancy Guthrie asking that the Board
review the CWMTF contract within two weeks. Ms. Harrison informed the group that if the contract is
signed, there are costs incurred; Appraisal and survey need to be conducted and paid for. The funds
for these are in Clean Water budget already. In addition, there is $12-15K budgeted for management
of the property by NHSWCD in that grant.
Mr. Hart reiterated that the Board needs to decide if the Clean Water funds should be given back in
good faith or should NHSWCD try applying them towards the purchase of another property if other
funding is available. Ms. Harrison informed everyone that the Clean Water grant is for $267K. Ms.
Moffitt commented that she will ask colleagues how it is perceived when grant money is returned.
2. Gullah-Geechee Meeting
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Mr. Hart reported that he and Ms. Meares met with the Gullah’s on Thursday, September 16 at St.
Steven’s Church. They are interested in the EI property and project ideas. He then gave a brief
history of the Gullah people that generated some of the proposed components of an educational
center on EI.
3. Winner Property
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Mr. Thomas gave a summary from Friday’s meeting (September 17). Agreed selling price is $4.5M.
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Mr. Thomas will meet with Mr. Michael Murchison on Wednesday (September 22) morning to draw
up offer to purchase and have it signed by Winner and NHSWCD. He said that Ms. Meares is not
involved in this acquisition. Mr. Hart suggested NHSWCD make an offer to purchase with license to
contract. There are no funds currently available for this property, and the funds will need to be
generated or found after the contract is signed. Mr. Hart added that NHSWCD does not see any
public money available for this purchase at this time. Mr. Thomas concluded by saying he will update
the Board after his meeting with Mr. Murchison.
Partner Reports
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Division Report: Ms. Kristina Fischer’s September report was distributed to supervisors. She is on
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maternity leave until Nov 12. She will be at the fall meeting in October. District Board and staff
are asked to sell Gator raffle tickets ($5 each or $20 for 5) – Ms. Harrison distributed them to
everyone. For the past four years, the District Employees Association and Soil &Water District
Employees Association partner to sell tickets for a John Deer Gator that is donated by a
dealership. Drawing is at January annual meeting.
NRCS Report: Ms. Jane Wood reported and distributed her report. She has ‘ABC’ training (on
report) this week so she will be gone. She informed the group that the Conservation Reserve
Program (CRP) application that was submitted by a New Hanover county farmer did not make the
cut for funding. The erodability index was not high enough. No CRP will likely be approved in this
county because of that index requirement; New Hanover does not have the erosion and elevation
to meet the index.
Ms. Wood and Ms. Dean Fedoronko are working on prescribed burns; working on site contracts
and burn maps for twenty-two forestry contracts in the three county area (two contracts are in New
Hanover).
September 30 is end of their fiscal year.
Ms Wood also reported that applications for WHIP and EQUIP funding call is about to be opened.
Private land owners have to claim AGI (annual gross income) of less than $750K. Please pass
along information to anyone eligible for these programs.
New Business
Resolution(s)
1. Runoff and Water Resources
Mr. Hart submitted a draft resolution ‘encouraging consideration of stormwater runoff for beneficial
use.’ – see attachment A. Ms. Harrison informed the group that if the resolution is to go before the
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fall meeting assembly it needs to be voted on before October 11. Mr. Golder moved to approve
approved. Mr. Thomas seconded motion; the resolution passed unanimously.
Upcoming events
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Fall Meeting October 19, 2010 –there are no fire arms permitted on property. The fall meeting is a
morning meeting in Pamlico County at the community college.
Cape Fear RC&D meeting will be October 4, 2010 in Burgaw.
Adjourn ~ Set Next Meeting Date
Next board meeting -- TBA in November
Next Winner meeting -- TBA
Ms. Harrison reminded the Board we need 48 hours to announce the meetings to the public.
Mr. Hart moved to go into executive session to discuss an upcoming vacancy on the Board ballot.
5:02pm. Mr. Golder seconded; the vote passed unanimously.
The board went into executive session at 5:02pm and returned to regular session at 5:09.
Ms. Harrison reminded Board that a request for reappointment was needed for Ms. Moffitt if she
wants to remain in her appointment. Ms. Moffitt agreed to file for reappointment. Ms. Harrison will
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prepare request documents and submit after Mr. Thomas signs off for approval – due in November.
Ms. Moffitt informed Board that she is officially retiring from her state job as Aquarium Director in
December 2010. on January 1, 2011.
Ms. Harrison will forward information to Mr. Hart regarding annual meeting room reservations.
The meeting was adjourned adorned at 5:13.
Recorded By:_________Amy Long________________________________________________
Approved By:_________Dave Thomas_____________________________________________
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