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MINUTES 11-15-2010 New Hanover Soil and Water Conservation District Board Meeting held at Wilmington, NC. Meeting Number 6_ Date: _November 15, 2010 Supervisors Present: Others Present: Bill Golder Ms. Harrison, Interim Director Dave Thomas Amy Long, Education Assistant Bill Hart Donna Moffitt Steve Skavroneck, Board member-elect_ Nancy Pritchett_________________________ Kristina Fischer, Area 6 Coordinator____ Was this meeting held during a meal: No _ Mr. Thomas called the meeting to order at 1:00 pm. Mr. Hart made motion to approve the agenda. Ms. Pritchett seconded; motion passed unanimously; the agenda was approved as presented. th Ms. Moffitt submitted corrections to the September 20 regular Board Meeting minutes ahead of time. Ms. Pritchett commented on a typo in the Financial report: Text read, “Ms. Pritchett seconded motion” but should read “Ms. Moffitt seconded the motion.” Ms. Moffitt moved to approve the minutes conditional upon corrections of ‘Pritchett’ and ‘Moffitt’ where appropriate. Mr. Hart seconded the motion for the corrected minutes; motion passed unanimously. Ms. Fischer commented on the N.C. Open minutes Meetings Law. She reported to the Board that, according to her reading of the Guidebook on the Law and Practice of Soil and Water Conservation in North Carolina there are only seven reasons why a public Public meeting can go into closed session. th According to these guidelines, it is her opinion that the September 20 meeting should not have gone into closed session to discuss the possible election of a new Board member and that the closed session minutes should be reincorporated into the regular meeting minutes as an amendment. Ms. Fischer understood the rationale used by the NHSWCD Board in calling a closed session to discuss the possible election of a new Board member, but reminded the Board that Supervisors are not ‘personnel’, so they did not meet the criteria for being allowed to go into closed session. It was pointed out that no one in the room was asked to leave as a result of the closed session. She advised the Board that in the future, reasons for going into executive session need to be included in regular meeting minutes as well. Discussion followed that resulted in Ms. Moffitt and Ms. Pritchett stating that th the September 20 minutes could not be changed or amended at this point in time. The recorder, th Amy Long, was asked instructed to include in the minutes for the November 15 regular board meeting that the Board was informed of open meeting law and this type of error will not occur again. Ms. Moffitt submitted corrections to the September 20th executive session minutes ahead of time. Mr. Hart moved the approval of the minutes for the September 20th, 2010, executive session as amended. Mr. Golder seconded the motion; motion passed unanimously. Financial Report th Ms. Harrison gave the financial report: The account is ‘doing well’ for the 4 quarter in the calendar year. The Land Management account is currently low due to several large payments: Eagles Island inventory, Winner property appraisal, Blue Sky Timber tract survey. (survey will be reimbursed). NHSWCD still needs to pay for The Clean Water Management Trust Fund requires, in addition to a land survey, that an environmental site assessment and an appraisal for the Blue Sky tract be completed before the grant funds can be released. The District cannot contract the site assessment or appraisal do that until the District is reimbursed for the survey. ment comes in. Clean Water Management Trust fund requires all of these assessments for the purchase of Blue Sky Timber; they are all is The costs incurred by the District for the survey, assessment, and appraisal are reimbursable and budgeted into the grant. NHSWDCD has to pay upfront, but is then reimbursed by Clean Water. Tentative close date on Blue Sky Timber is December 15, 2010. None of the costs associated with the Winner property are being reimbursed.reimburseable. The balance of Land Management account at end of Blue Sky purchase will be approximately $9700. The Board inquired about the accounts: Do they earn interest? Why are there service charges? Are the accounts linked to each other? Ms. Harrison replied that she had spoken to a banker at BB&T about these issues before. She also explained that there are changes with paying state taxes at the bank; all signatories will need to go the bank to make any changes to the accounts. Ms. Pritchett directed Ms. Harrison to talk to the banker first about all issues and report back to the Board. Ms. Harrison will look into on-line payment for state taxes, as per Mr. Thomas’ suggestion. Mr. Hart moved that the financial report be accepted for the record. Ms. Pritchett seconded the motion; motion passed unanimously. Project Updates Eagles Island (EI)  Eagles Island Coalition (EIC) rd Ms. Harrison reported that she and Mr. Hart attended the EIC meeting on November 3, 3, 2010, at the Battleship. The meeting was well attended. A draft MOU was presented and is now under review by Coalition members. Ms. Harrison forwarded that MOU via email to Supervisors in September, but she will resend and include member-elect, Steven Skavroneck, on that email. Ms. Harrison reported that the Coalition wants all members to sign the MOU. There is no timeline for this, but it is expected to take 3 to 6 months for the city and county to sign on. Mr. Hart added that the draft MOU and operations document were out for comment from Coalition members for two months with no changes made, so there are no anticipated issues with signing the MOU. He also mentioned that there were two representatives from the Gullah community at the meeting; significance being that this was the first time that community had formal representation. Ms. Harrison informed the Board that the next EIC meeting is in February, 2011, and that four subcommittees are now functioning (education and outreach, recreation, land acquisition, and funding) within the Coalition. The Soil& Water District also wrote a Kodak grant proposal with River Watch which was awarded funding for educational signage along paddle trails. The education and outreach subcommittee is determining how best to implement that project. Mr. Hart also reported that a logo was approved for the Coalition. Mr. Skavroneck asked if anyone can participate on the committees. Ms. Harrison and Mr. Hart explained that anyone can participate, but only voting members can vote on and sign the MOU. There is only one vote per organization, not one vote per person.  Charrette Ms. Harrison reported that she and Mr. Hart attended a charrette to brainstorm the vision/plan for EI, specifically the Winner property. Charles Boney led the meeting. Ms. Meares organized it. The discussions ultimately covered all of EI and not just the Winner property. Two groups worked on two different topics (the entire EI land and the Winner property specifically). Mr. Boney is to come up with a conceptual plan for an educational center based off of these two break-out sessions. Mr. Hart added that a large component of the discussions centered on public access to EI, linking the community to the EI land. Can it be connected to the Battleship? Leland Recreation Committee has multiple blue-line (kayak) trails already envisioned; could EI be linked to those? Mr. Hart also informed the Board that Mr. Boney volunteered to do did this work pro bono.  Winner Property Ms. Harrison reported that a person purporting to be a broker named Bob Blocher called hours before today’s meeting and asked a series of questions regarding the Winner property. He is the owner of Sundial and Gemstone Real-estate. The purpose of his contacting the District was to find out the District’s status and interest in the Winner property. Ms. Harrison conveyed that there is currently no contract signed between the two parties, however, the information Mr. Blocher had regarding pricing and funding sources was correct. Ms. Harrison also gave him Michael Murchison’s name as legal representation and Mr. Golder’s name as point of contact for the District. Ms. Harrison conveyed to the Board that Mr. Blocher also requested a copy of the meeting minutes. The Board discussed the need for a protocol for how to deal with such inquiries. Mr. Thomas clarified that NHSWCD had signed an offer to buy, but the sale is not under contract. He also stated that Mr. Winner has not signed because of disagreement in timeline. Current offer is to come up with the purchase funds in 365 days, but Mr. Winner wants it in 90 days with interest. Ms. Harrison reported that Mr. Winner was supposed to talk to Mr. Golder. Mr. Golder reported that he has not been contacted by Mr. Winner. Ms. Pritchett provided the language for the motion and Ms. Moffitt moved to instruct staff that they are not authorized to discuss the Winner matter; Mr. Golder is the spokesman and can be contacted regarding the matter. Mr. Hart seconded the motion; motion passed unanimously. Ms. Kristina Fischer reminded Supervisors that Mr. Golder can be appointed as “associate th Supervisor” when his term expires on December 6, 2010. He should still engage in regular Board meetings as needed until the Winner deal is settled, but he cannot be reimbursed or vote. Mr. Golder agreed to remain active as an Associate Supervisor and act as the spokesman for the Winner property. He agreed to come to board meetings as needed when Winner matter is on the agenda or he has progress to report. Mr. Thomas reported on an his email communication he had with Gordon Myers, Director of the NC Wildlife Resources Commission, to discuss possible funding for the purchase of the Winner property. He said that NC Wildlife Resources Commission is eager to provide public boat access. There was discussion among Supervisors regarding the permit(s) that Mr. Winner currently holds for the construction of a dock. Winner’s permit expires December 31, 2010, but no one from NHSWCD has read the permit(s) to know what it/they is/are for. Ms. Kristina Fischer will have her office look into the CAMA permits for NHSWCD. The Supervisors decided that an appointment with Mr. Myers should be set up at the earliest convenience for all parties. Mr. Hart asked for clarification that the Board members are all in agreement to leave the offer on the table with Mr. Winner for $4.5M in 365 days and to contact Mr. Myers about potential funding. The Board members agreed. Ms. Harrison asked to be included in the meeting with Myers.  Conservation easement for Blue Sky Timber property Mr. Hart voiced his concern that the language in the draft easement received from Marilyn Meares is inappropriate for NHSWCD. Ms. Meares instructed the Board in a previous email that changes could be made to any part of the easement. Mr. Hart reported that he has not attempted to rewrite it. He asked the other Supervisors how the Board should proceed. His interpretation of the situation is that nothing could be done with an easement until after the sale has closed (targeted th for December 15) and NHSWCD are possessors in fee simple. Ms. Moffitt inquired if the Board is required to sign the easement prior to closing. Ms. Harrison replied that she thought that Clean Water required the easement to be signed before they would release funds, but she would reread the contract to verify. Ms. Moffitt suggested that the contract should say something like, “Within 60 days of closing, you will execute the conservation easement.” Ms. Harrison replied that she would check with Nancy Guthrie to verify. Mr. Hart added that the resolution being voted on today stated that the Board will resolve to grant to the state of NC a conservation easement. The Board agreed to not sign an easement until after the purchase of the property, when NHSWCD were possessors in fee simple. The intention to sign the easement is included in the resolution. Ms. Harrison pointed out to the Board that they will be losing their Secretary and Treasurer when th Mr. Golder steps down on December 6, 2010. She also informed the Board that the Board Secretary has to sign this easement. There was discussion amongst the Board members and they decided not to elect anyone into these offices at this time, but agreed to do so at the December regular board meeting after new members have been sworn in and assembled.  Resolution: Authorizing the Purchase of the Blue Sky Parcel of Land on Eagles Island Mr. Hart stated that he received no revisions or comments from Board members on the draft resolution (Authorizing the Purchase of the Blue Sky Parcel of Land on Eagles Island)(see attachment A) so it should be accepted and signed as is. Mr. Hart moved to adopt the document as a resolution. Mr. Thomas seconded the motion; motion passed unanimously. Thomas signed document for Ms. Harrison. Ms. Harrison gave an update on the Fish & Wildlife Mitigation funds that were potentially going to be used for the purchase of the Blue Sky property. If there is funding available, it will be turned over to Clean Water and not to NHSWCD, so using mitigation funds is no longer an option/issue. CCAP  Bradley Creek Elementary School Ms. Harrison reported that the third BMP, a drought tolerant wetland, at the entrance of the school has been installed. Ms. Harrison and Ms. Long both worked on this installation. Ms. Harrison will write a thank you letter on behalf of the Board to Jason Thompson for his mulch donation. The fourth and final BMP will be installed in the spring of 2011.  Applications Ms. Harrison reported that one application was received, application #100. The request is for an above-ground, 2500 gallon cistern and rain garden. The ranking is a 110 (195 is highest). This ranking is the average ranking NHSWCD receives. It is for a residential property in Carolina Beach dumping directly into the Intracoastal Waterway. The gentleman who installed cisterns for the city will do the work and is the person who referred the applicants to the CCAP program. Mr. Hart commented that he liked the combined request of the cistern and rain garden to capture all of the roof runoff. After discussion of funding availability and timeline for the applicant’s project, Ms. Moffitt moved to approve the funding of this project. Mr. Hart seconded the motion; motion passed unanimously. Supervisor & Staff Reports Education Report Ms. Amy Long’s report was distributed to Supervisors. Ms. Long reported on the numerous outreach activities (field days, enviroscapes, and science fairs) that Ms. Harrison, intern Amanda Cabiness, and she have been providing the New Hanover schools since she came on board September 1, 2010. She also reported on the second prize finish of the county fair booth that Ms. Harrison designed and the curriculum meetings that she and Ms. Harrison attended with the Elementary, Middle School and High School science department chairs in October. Members of the Board expressed interest in having the informational booth recreated in the Government Building for public display. Ms. Harrison and Ms. Long will look into the feasibility. Area VI Fall Meeting Mr. Hart reported that he and Ms. Harrison went to the Fall Meeting. About 50% of the Districts showed Supervisors attended up, which is a good turnout. Ms. Harrison added that NHSWCD was the only District to present a resolution. It did pass. Ms. Fisher reminded the Board of resolution guidelines regarding signature protocols – needs to be signed in order, starting with District/county Chair, then on to Area Chair, and then brought before the annual meeting. She reformatted the signature area and edited the NHSWCD resolution (Encouraging Consideration of Stormwater Runoff for Beneficial Use) to make it more relevant at the annual meeting and asked for Mr. Hart Thomas to sign it, so that she could bring it to the Area supervisor Chair to sign. Then it will go on to the annual meeting in January. CFPUA IWRMP Ms. Harrison reported on the Cape Fear Public Utility Authority’s (CFPUA) Integrated Water Resources Master Plan (IWRMP) that CFPUA has been workinged on for the past six months. Public th comment was opened until Oct 14 for a 5pm meeting. Ms. Harrison received the document at 10am th on October 14. Ms. Harrison contacted CFPUA and gave them what corrections she could make on such short notice (mostly name corrections). Ultimately, the comment period was extended two th weeks (until the 28). CFPUA claims to have $10K earmarked for NHSWCD for rain barrel program, but no one could explain how this would work. Ms. Harrison explained that it is only a plan; it does not mean that anything will be put into practice. Ms. Harrison will keep the Board informed if anything happens. Mr. Hart recalled that NHSWCD was invited to participate in the planning process but that must not have happened. Partner Reports Division Report: Ms. Kristina Fischer’s November report was distributed to supervisors prior to the meeting, but Kristine reported that she sent the wrong report. She distributed the a corrected November report at st the meeting. She reported that her office is working hard on the annual meeting. December 1 is the registration deadline, $100 fee or $205 with meals. She reminded Supervisors to make a selection for th what committee they plan to attend; Supervisors can only vote on one committee. January 9-11, 11, 2011 are the meeting dates. She also reported that there are no rooms left for Saturday night at Grove Park. Ms. Moffitt, Ms. Pritchett, Mr. Hart, and Ms. Harrison are all going. Mr. Thomas needs to find an alternate for the committee he serves on (he is the community conservation rep for area 6). New Area 5 coordinator is Donnarie Hales. Julie Henshaw is the new chief of non-point source programs for the division. Natalie Woolard is the new technical services section chief. NRCS Report: Ms. Jane Wood was not at the meeting and did not distribute a report. New Business Moffitt reappointment Ms. Harrison explained the reappointment procedure: the nominating Supervisor fills out the form, the Chair (Mr. Thomas) signs the recommendation, the Commission agrees or disagrees to reappoint th (they are holding a special meeting on December 6 via a teleconference to make these decisions). If th Commission agrees to reappointment, Ms. Moffitt will be sworn in on December 13. Mr. Hart moved to nominate Donna Moffitt for reappointment on the Board of Supervisors for the New Hanover Soil & Water Conservation District. Ms. Pritchett seconded the motion. Motion passed unanimously. Elections results Ms. Harrison reported that Steve Skavroneck won the write-in election for the NHSWCD Supervisor seat; Mr. Hart won re-election. Standing committee coverage by NHSWCD supervisors at annual meeting Ms. Moffitt wanted more understanding on how the resource committee meetings worked at the annual meeting. She explained that the registration form for the annual meeting asks Supervisors to chose a committee to serve on, but how is she suppose to make that choice with little knowledge about the committees? Ms. Fischer explained that there will be a packet of resolutions that each committee will be voting on at the meeting. These packets will be made available in early December. She also said a person could change their mind about committees at the meeting before they convene or could decide then which committee to serve on. She advised Supervisors to make their choice based off of their interest and experience. Area representatives have no choice about which committee they are obligated to go to. Regular Supervisors can go to whatever one they want. The committee that will be considering the NHSCD rainwater resolution is one in which the Board felt there should be a representative. Mr. Hart stated that he was interested in serving as Chair of the Community Conservation committee in Mr. Thomas’ place, but he is not confident that his chairing will be approved. He would like to push for a budget for this committee. Ms. Fischer encouraged him to request that addition to the agenda for that committee, and have specific figures and needs in mind when he does so. Upcoming events th Feb 15-16 new Supervisor training – Ms. Moffitt will attend Adjourn ~ Set Next Meeting Date th Next board meeting December 13 4:30pm: members who need to be sworn in need to arrive 15 minutes earlier. Next Winner meeting -- TBA Meeting was adjourned at 3:59. Recorded By:___Amy Long______________________________________________________ Approved By:___Dave Thomas___________________________________________________