Minutes
Rembert C. Dennis Building, Room 335
Columbia, SC
Friday, May 17, 2002
9:30 a.m.
The regular meeting of the Board
of the South Carolina Department of Natural Resources was held at 9:30 am, on
Friday, May 17, 2002, at the Rembert C. Dennis Building, Columbia, South
Carolina. Notice of the date, time and
place of the meeting was posted and mailed to the news media. Chairman Dr. Joab Lesesne presided at the
meeting. Board members present included
Dr. Julius Leary, Danny Ford, Ben Gregg, M. Russell Holliday, Jr., Malloy
McEachin and Dr. Douglas Rucker. Dr.
Paul A. Sandifer and staff members of the Department of Natural Resources were
present at the meeting, as were various guests.
Chairman
Lesesne called the meeting to order at 9:30 a.m. and welcomed everyone to the
meeting.
Chairman Lesesne asked for a moment of silent
meditation.
Dr. Sandifer introduced Angela Viney, Executive Director of
the SC Wildlife Federation and Marge Davenport, USGS.
Dr. Lesesne noted that two requests were received earlier
for comment but neither Mr. Alfred Wood nor Mr. Cecil Hodge were present.
Dr. Sandifer attended the Landsford Forest Legacy Project
ceremony held on May 6. Dr. Sandifer
noted that there was a large crowd in attendance and good media coverage. Dr. Sandifer commended John Frampton and
other staff for their work on this project.
Dr. Sandifer participated in the DNR Service Pin/Employee
of the Year ceremony held on May 7, to present 10-20-30 year pins and honor
Division employees of the Year, as follows:
Executive, Sandy Rucker; Administrative Services, John Meir; CEC, Glen
Connelly; Law Enforcement, Lane Peters; Marine Resources, Jack McGovern;
Wildlife and Freshwater Fisheries, Doug Cooke; and Land, Water and Conservation
and DNR Employee of the Year, Jim Scurry.
Dr. Sandifer congratulated these employees and Nancy Caughman and Eva
Smith who coordinated the event.
Dr. Sandifer commended Law Enforcement officers involved
in the Palmetto Pride’s Zero Tolerance for Litter Weekend held May 10-11.
Dr. Sandifer commended Law Enforcement staff involved in
case of 11 shrimpers charged with shrimping out of season near Hilton Head
Island in Port Royal Sound. Each of the
shrimpers faces a fine of up to $10,000 or 30 days in jail if convicted. A total of 7,584 pounds of shrimp, valued at
more than $24,000 was seized during the operation.
Dr. Sandifer commended Law Enforcement staff for their
involvement in Exercise Harbor Shield 02, a two-week port security training
exercise conducted by the Coast Guard in Charleston.
Dr. Sandifer congratulated Carole Collins and Linda
Renshaw for receiving their Certified Public Manager credentials on May 16,
after completing the nationally recognized professional management
certification program.
Carole Collins stated that ESPN will be filming portions
of BOW this weekend. This is one of two
workshops ESPN will be attending to film for a broadcast of the Women in Sports
show on June 22 and 23.
Dr. Lesesne informed the Board that Mr. Gregg received a
letter from Mr. Hodge and Mr. Wood, other Board Members had not received their
copy before the meeting, explaining that due to time restraints for comment
they decided to decline the invitation to be at this meeting.
VII. Advisory
Committee Reports
Mr. McEachin
reported that the Heritage Trust Advisory Board met on May 2. Mr. McEachin stated that the Heritage Trust
Advisory Board approved the following protection project: Ditch Pond and Watakoe Mountain. Mr. McEachin reported that the Cultural
Areas Committee described the significance of the site of Fort Moore; the
Advisory Board then approved Fort Moore as a protection project. Chris Judge informed the Advisory Board that
several hundred people attended Archaeology Days at the Great Pee Dee Heritage
Preserve. The Heritage Trust Advisory
Board approved an updated Heritage Land Trust Fund Budget. Mr. McEachin noted that some donors think
they are giving money to the Heritage Trust Program, when they check the
“Heritage Trust Fund” on their tax form.
They are actually donating money to the “War Between the States Heritage
Trust Fund”. There was also a report
on the new trail system at Peters Creek Heritage Preserve, which was built by
volunteers.
B. Law
Enforcement
Dr. Leary
reported that the Law Enforcement Advisory Committee met on May 8. Dr. Leary stated that he charged the
Advisory Committee to discuss and receive presentations about the coyote
issue. The Advisory Committee received
a presentation from Buddy Baker about the biology of the coyote, its habitat,
the history of fox and running pens.
Dr. Leary noted that at the next meeting discussion will be held on Law
Enforcement issues in regards to importation and possible problems. Dr. Leary stated that Col. Wright gave an
update on the Division’s activities for the month. Capt. John Watford submitted a plan on fixed nuclear facilities
to the Advisory Committee as a part of Homeland Security. Dr. Leary noted that Harbor Shield 02 is a
national pilot program for port security.
The first exercise was held in South Carolina. Dr. Leary stated that it appears hopeful that some federal
funding will be received for Homeland Security. Dr. Leary noted that even with budget and mileage cuts, officers
issued 2100 tickets and 2400 warnings in the month of April. Dr. Leary reported that DNR made more cases
in the Palmetto Pride Zero Tolerance for Litter weekend for the second year.
A. Heritage
Trust Update
B. Morgan
Island Acquisition and Management
John
Frampton reiterated to the Board that the contractual obligations of Morgan
Island had been discussed at several previous meetings. Mr. Frampton gave the Board a brief review
of the acquisition and the actual costs.
Dialogue was initiated with the owner in May 2001. The intent of the owner was to determine the
value of Morgan Island and to proceed with development. The negotiations were complicated because
there was an existing lease with LABS of Virginia for the propagation of Rhesus
Macaques for health related research.
Mr. Frampton stated that the Board’s direction to him was to be able to
extinguish the lease within three years.
Negotiations went from April 2001 until January 7, 2002. Mr. Frampton then reviewed the funding
sources for the purchase price.
Paul
League showed the Board a copy of the plat of the property. A Limited or Special Warranty Deed was
conveyed to the State, which is common when you deal with a corporate
entity. The appraisal that the
Department obtained was not based upon a per acre basis, it was based on an
economic development potential and limited to the 64 lots. This was an appraiser of our selection. The appraiser came up with a value of $23
million based upon the sellout value of the 64 lots. At the closing, we became the owner of this island subject to a
pre-existing lease from Morgan Islanders to LABS of Virginia. We now are considered landlord in regard to
the lease. Lease payments for the first
two years go in their entirety to the grantor.
This is part of the purchase price.
The grantor will also receive $125,000 of the third year lease payment;
this again, makes up part of the price.
The remainder will come to the Department to be used in the programs for
which this property was purchased. The
lease itself was signed in December 2001 and runs from January 1, 2002 through
December 31, 2004. Near the end of the
third year, the tenant, LABS of Virginia has a right to extend the term of the
lease if they give 90 days notice prior to the expiration of the third
year. The landlord has the right to
terminate the lease in its entirety by giving notice 180 days prior to the
conclusion of the third year. If the
lease is terminated by September 30, 2004, there will be a $70,000 penalty to
the landlord. The purpose of the lease
is to breed monkeys, but in doing so, the tenant has to abide by all applicable
laws and may not create a nuisance. It
is the tenant’s responsibility to post the property properly against
trespassing. The lease contains a hold
harmless agreement in favor of the landlord, which says that the tenant agrees
to hold the landlord harmless against any and all claims of damage resulting
from any of its activities that take place on the island. There is a requirement in the lease for insurance. The tenant, at its sole expense, is required
to carry and have in place at all times a liability insurance policy with
limits of $5 million for bodily injury or death for one person, they are also
required to have $1 million in property damage insurance and the landlord is to
be named as an additional insured on the policy.
John
Miglarese stated that there would be two goals over the next few months
regarding Morgan Island: 1) develop the management plan for the island; and 2)
most importantly, provide the Board with the information necessary to make an
informed decision, especially related to contractual arrangements as it relates
to the lease. Dr. Miglarese reviewed
the timeline for assessment and staff recommendation. Dr. Miglarese’s recommendation is to have a decision, by the Board,
in April or May. Mr. McEachin and Mr.
Gregg stated that they would like to have a Board decision by December
2002. Dr. Miglarese noted that by the
end of the process the Board should know every issue involved and who has the
authority to make decisions for each issue.
Dr. Miglarese stated that there are three major priorities: 1) disease issue, 2) public use, and 3)
security and enforcement.
Dr.
Miglarese introduced Dr. Al Segars and asked that he give an update on the
natural resource impact. Dr. Segars
updated the Board on the impact of diseases associated with the Rhesus colony
and how it affects native wildlife. Dr.
Segars reported that there have been no positive TB tests, no rabies positive
and, they do have tetanus, but that is common among monkeys. Dr. Segars reported that rabbits and mice
are used as models with Herpes B and you can kill rabbits and mice if they are
injected with very high doses of Herpes B.
Herpes B is a very sensitive virus, it is not shed very often by the
monkeys, that are infected, and it would be an unlikely scenario to have one of
these animals come down with the disease Herpes B. Dr. Segars noted that to this point there is no real consequence
in terms of disease that they have been able to document but they are
continuing to look and will share further information.
Dr. Jerry
Gibson, DHEC, directed his comments toward the health implications to the
people of Beaufort County and the people around Morgan Island. Dr. Gibson stated that there are two health
outcomes for people; 1) injuries from bites or scratches; and 2) communicable
diseases. Dr. Gibson noted that with
regard to bites or scratches it’s the bigger primates that inflict serious
injuries to people. Dr. Gibson reported
that for thousands of years, billions of people have lived in close proximity
with Rhesus monkeys in the Middle East and Africa and the people and cultures
have not identified these monkeys as a serious threat to people. One reason may be that the viruses and
bacteria that people and primates share, because they are so close genetically,
are the type that spread by very close contact, with the exception of TB, and
are not airborne or easily spread. Dr.
Gibson addressed the issue of primate Herpes B. It is known that several primates, including the Rhesus monkeys,
carry this virus. It doesn’t make them
sick, usually, and they shed it occasionally.
There have been over 40 cases since the 1950’s, since the disease was
identifiable in people. These cases
were identified, around the United States, as having been occupational
exposure. Even this exposure is a very
low risk and the rate has been declining as the people who are or monkeys have
learned how to protect their employees.
DHEC has been in touch with the veterinarian and physician who work for
LABS, Inc., regarding bites by monkeys and there has been no record of this
disease in their employees since 1979, when the Rhesus monkeys first came to
Beaufort County. DHEC also reviewed
death records from a four year period and looked for anything that may have
been missed or that may have been an encephalitis death but coded as something
else and in that period there were none in the Beaufort County area. There were three deaths in the whole state
over that four-year period but non were in the Beaufort County area. Dr. Gibson stated that it seems rare that
monkey/human contact results in the passage of disease in our area, you can
never say zero but at the same time it appears to be a very, very low risk.
Dr.
Miglarese stated that the first action is to make sure the perimeter security
is tightened. Dr. Miglarese noted that
they would develop a management plan including the monkeys and without the
monkeys and present the impact with the colony and also a philosophical concept
of DNR being involved in this type of activity. Dr. Miglarese stated that if the timeline is shortened he will
only be able to brief the advisory committees but probably will not be able to
get advisory committee motion and recommendations within that timeframe.
After much
discussion, it was decided that staff would provide an assessment report at the
July meeting and the Board will decide, at that time, when to take further
action.
Dr. Leary
has requested the following: 1) have
the DNR Attorneys to review the insurance policy and liability issues; 2) have
staff look at our disaster policy, post exposure policy and safety protocol; 3)
have LABS of Virginia give information on animal health and security plan; and
4) have DHEC give written opinion on the current status of monkey health and
public health risks.
Mr.
McEachin also requested that after the assessment report and discussion in
July, there also be a discussion on the agency leasing public property to
private enterprise.
A. South
Carolina Statewide Flood Mapping Project
Freddy
Vang explained to the Board that the proposed statewide flood-mapping project
would produce accurate and dependable maps.
Mr. Vang asked Lisa Holland to present the proposed project to the
Board. Ms. Holland gave the Board a
brief overview of where South Carolina ranks in the flood program. Ms. Holland provided a comparison, to the
Board, of current maps and maps using the proposed project (digital flood
insurance rate map). The proposal to
FEMA is to be a “mapping state”, which involves the full management and
implementation of developing flood insurance maps for South Carolina. Ms. Holland explained the need and scope for
this project. Ms. Holland then informed
the Board of the cost for this project and funding sources available. Dr. Sandifer noted that a portion of the
Land, Water and Conservation Division staff would be working on this project
for several years in order to match federal funding. Dr. Rucker made a motion that the Board approve the request to
become a “mapping state” and proceed with plans in the Land, Water and
Conservation Division for this to be a priority item and funding be
sought. Mr. Ford seconded the motion
and the motion carried unanimously.
Mr. Vang
gave the Board a progress report on the Savannah River Basin Study.
B. State
Lakes Fishing Regulations
Val Nash
reviewed the proposed regulation for the Webb Center Lake, which provides for
fishing on Sunday. Dr. Leary made a
motion to approve the proposed regulation for the Webb Center Lake. Ms. Holliday seconded the motion and the
motion carried unanimously.
The
proposed regulations for Star Fort Pond, Greenwood County were then
reviewed. Dr. Leary made a motion that
the regulations be adopted as presented with the amendment that any
radio-controlled devices have a permit from the Department. Dr. Rucker seconded the motion and the
motion carried unanimously.
X. Deputy
Directors’ Reports
Report was
given earlier.
Col.
Wright reported on the recent shrimp cases that were made. Col. Wright also reported on the Zero
Tolerance weekend.
Carole
Collins reported that BOW is this weekend, there will be a Ladies on the Lake
event held June 5, and an It’s a Girl Thing on June 26. Camp Wildwood will be June 16-22 and the
Media Fishing Tournament will be June 8.
XI. Director’s
Briefings
A. Habitat
Protection Activities
No further report.
B. Legislative
Report
Derrick
Meggie distributed copies of a status sheet on DNR legislation and other bills
of interest. Mr. Meggie then reviewed
several bills and answered questions posed by Board members.
At this
time Dr. Leary made a motion that the Board hold an Executive Session to
discuss legal, contractual and personnel matters.
The Board returned to regular
session and invited staff and guests to join the meeting.
Dr. Leary
made a motion that the Board present an appropriate certificate of appreciation
to an individual as requested by the Land, Water and Conservation
Division. Dr. Rucker seconded the
motion and the motion carried unanimously.
XIV. Directors’ Briefings
Dr.
Sandifer informed the Board that Neb Cline, Sr., father of David Cline, passed
away earlier this month. The Cline
family has been a long-time supporter of DNR, particularly the Law Enforcement
Division.
Dr.
Sandifer reported that he just returned from Honolulu for the fifth round of
regional meetings of the US Commission on Ocean Policy. The next meeting is scheduled for June 12-14
in Seattle, Washington.
Dr.
Sandifer noted that he is planning to go to Washington, DC, on May 21-23 for
various meetings.
Dr.
Sandifer noted that Representative Billy Witherspoon has been elected as
Chairman of the House Agriculture, Natural Resources and Environmental Affairs
Committee.
Wildlife
and Freshwater Fisheries
Billy
McTeer distributed copies of the Northern Bobwhite Quail Initiative. Mr. McTeer reported that a Jocassee Gorges
Citizens Management Committee has been established and reported that the
committee has been meeting with Mark Hall and will continue to meet as we proceed
with the forest management plan. Mr.
McTeer updated the Board on Chronic Wasting Disease. Mr. McTeer then asked Buddy Baker to provide the Board with
additional information regarding coyote.
Mr. Baker reported that both the Law Enforcement and Wildlife and
Freshwater Fisheries Advisory Boards have been provided with information on the
impact of coyote. Mr. Baker stated that
the biggest problem with coyotes as it relates to pens is the ability to ensure
that the animals in the pen are not imported.
The major problem with importation is the introduction of new
diseases. Mr. Baker noted that there
have been studies conducted on the impact of coyotes on habitat. Dr. Sandifer suggested that we invite
someone from outside the agency with expertise in coyotes. Col. Wright noted that if it’s legal to
possess coyote it may make some people more comfortable to import them. Lt. Col. Smith stated that in states where
it is legal to possess coyote they still have importation problems. Mr. McTeer noted that he feels the General
Assembly will be asking the Board that if importation is a concern, how much
does the penalty need to be. Dr.
Sandifer also suggested that with regard to disease there be a select
bibliography with some key papers relative to the technical side to be reviewed
by the Board. Mr. McTeer noted that one
of the ways to address the fair chase issue would be to limit how many dogs,
how big the pen and how many animals will be released. Dr. Lesesne suggested that the Law
Enforcement and Wildlife and Freshwater Fisheries Advisory Committees have a
joint meeting and bring a report back to the Board.
XV. Time
and Location of the Next Meeting
Chairman
Lesesne stated that the next meeting of the DNR Board will be held on Friday,
June 21, 2002, at the Dennis Building in Columbia, beginning at 9:30 a.m.
XVI. Adjournment
There
being no further business to be brought before the DNR Board at this time, the
meeting was adjourned.