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OSRC Regular Business Meeting 04 25 06 Page 1 of 9 Oklahoma Scenic Rivers Commission Regular Business Meeting April 25 2006 5 30 p m Oklahoma Scenic Riv

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OSRC Regular Business Meeting 04 25 06 Page 1 of 9 Oklahoma Scenic Rivers Commission Regular Business Meeting April 25 2006 5 30 p m Oklahoma Scenic Riv Powered By Docstoc
					OSRC Regular Business Meeting                 04/25/06                   Page 1 of 9




Oklahoma Scenic Rivers Commission
Regular Business Meeting
April 25, 2006 5:30 p.m.
Oklahoma Scenic Rivers Commission Headquarters - Located two (2) miles North of
Tahlequah, OK, on State Highway #10

                                         MINUTES

      Agenda Items are listed in the order of action by Commissioners.

01.   Meeting called to order.

      Chairman Blackard called the meeting to order.

02.   Invocation.

      Commissioner Wilkinson led the invocation.

03.   Roll Call.

      MEMBERS PRESENT                      MEMBERS ABSENT
      Bill Blackard                        John Larson
      Ed Brocksmith
      Gary Chapman
      Larry Clark
      Bob Ed Culver
      Gerald Hilsher
      Jennifer Owen *
      Steve Randall
      Jan Rucker
      Rick Stubblefield
      D. I. Wilkinson                      *Commissioner Owen Arrived @ 5:50

04.   Introduction of Guests and Visitors.

      Bev Saunders, Poultry Partners; Evan Teague, Arkansas Farm Bureau/IRWP; Luanne
      Diffin, IRWP; Jack Spears, David Spears, Arrowhead Resort; Brian Jenni, Barbara and
      Brandon Hamrick, Hanging Rock Camp; Ron Timmons; Teddye Snell, Tahlequah Daily
      Press; Carl George, Sparrowhawk Camp; Joel McGough; Michael Cathey, Bigfoot Floats;
      Bob Luckinbill; Bill Berry; Tom Waggoner; James Marble; Cheryl Allen, Meredith Lee,
      Larry Setters, Anthony Dotson, Mike Moore, Brian Stanglin, OSRC.
OSRC Regular Business Meeting                    04/25/06                    Page 2 of 9

05.   Administer Loyalty Oath and Oath of Office for new member Alan Chapman.

      Chairman Blackard administered the Loyalty Oath and Oath of Office to newly-appointed
      OSRC Commissioner Alan Chapman.

06.   Approval of Minutes of the February 21, 2006, OSRC Regular Business Meeting.

      Commissioner Wilkinson motioned to approve the Minutes of the February 21, 2006,
      OSRC Regular Business Meeting. Commissioner Brocksmith seconded the motion.

      The vote follows:
      Blackard      -Aye-                            Larson          -Absent-
      Brocksmith -Aye-                               Owen            -Absent-
      Chapman       -Abstain-                        Randall         -Aye-
      Clark         -Abstain-                        Rucker          -Aye-
      Culver        -Aye-                            Stubblefield    -Aye-
      Hilsher       -Aye-                            Wilkinson       -Aye-


07.   Presentation of Certificate of Appreciation to Miles Tolbert, Oklahoma Secretary of
      the Environment.

      Chairman Blackard skipped Agenda Item 07 because Mr. Tolbert was not in attendance.

08.   Presentation of Certificate of Appreciation to Duane Smith, Oklahoma Water
      Resources Board.

      Chairman Blackard skipped Agenda Item 08 because Mr. Smith was not in attendance.

09.   Public Comments.

      Jack Spears, Arrowhead Resort, asked if Administrator Fite could promote the river because
      tourists think that there is little or no water to float.

      Bev Saunders of Poultry Partners handed out information about the Arkansas vs. Oklahoma
      Poultry Regulations.

      Luanne Diffin, IRWP, told the Commission that the IRWP applied and received a $300,000
      grant through the Arkansas Department of Natural Resources for an ad campaign and
      survey of “Urbanites” of what conservation practices and types of waste water system they
      use.

      Commissioner Brocksmith reported on behalf of STIR. STIR received a $1,000.00 grant
      from the Federation of Fly Fishers to further its efforts to support groups and organizations
      that support the Oklahoma clean water lawsuit against the poultry industry. STIR is
      continuing its ad campaign supporting the Attorney General’s position on poultry litter.
OSRC Regular Business Meeting                   04/25/06                    Page 3 of 9

      STIR has been active by opposing Senate Bill 1785, which was designed to place the OSRC
      under the Oklahoma Department of Environmental Quality. Also, STIR opposed a bill on a
      Chlorophyll A Water Quality standard for Lake Tenkiller, and a bill that declared animal
      waste safe, including dead poultry.

      Commissioner Clark spoke on behalf of the Northeastern Fly Fishers and promoted their 5th
      annual Smallmouth Bass Rendezvous occurring at the Tahlequah Community Building the
      ensuing weekend.

10.   Education Outreach Coordinator Report.

      Meredith Lee reported to the Commission that: she had attended Capitol Water Day in
      Oklahoma City; the Floaters Guide is finished and printed; she has held 51 “Frogology”
      programs with an attendance of 1055 students; and has attended the Tahlequah High School
      Science Expo and 4-H Environmental Day fairs.

      Upcoming tasks are the June 2 River Cleanup, release of the River Currents newsletter,
      research a new trash bag for distribution, and the conclusion of this year’s “Frogology”
      programs.

11.   Ranger Department Report.

      Ranger Mike Moore reported from January 1st to April 25th, the River Rangers have written
      41 citations and 8 warnings; made 11 arrests and issued 50 verbal warnings.

      On April 23, 2006, a submerged stolen vehicle was recovered from Todd Public Access
      Area.

      Ranger Supervisor Brian Stanglin attended Capitol Water Day in Oklahoma City.

      The Junior Ranger Program is due to start on July 1st and, after confering with Game
      Warden Brady May, all graduates will have completed the requirements and will receive
      their Hunter Safety Certificate.

      Ranger Moore told the Commission that the Rangers have stepped up patrols in Adair and
      Delaware counties and that their presence has had a positive impact on deterring mischief at
      those access areas.

      The Illinois River Ranch reported that six canoes and 2 rafts were stolen over the winter. At
      the present time, the Illinois River Ranch is not operating so any commercial flotation
      devices bearing their name should be reported to the OSRC or Sheriffs Office immediately.

      Ranger Brian Stanglin told the Commission that he has sent out letters to the Float
      Operators requesting that they submit a list of commercial flotation devices (CFD’s) that
      they would like to have exempted from adhering the permit. The rangers plan to make a
      courtesy call to inspect the CFD’s to make sure that signage is in accordance with OSRC
OSRC Regular Business Meeting                    04/25/06                   Page 4 of 9

      rules.

      Commissioner Randall complimented the Ranger Department for the work they are doing at
      the Flint Creek area and said that several people have made positive comments to him about
      the rangers.

12.   Administrator Report.

      Mr. Fite presented the new Illinois River poster that was produced by Kimberly Baker and
      said that a poster will be produced on an annual basis. The last poster was produced ten
      years ago.

      There has been some concerns expressed about the rivers low flow. A small fish kill
      occurred near the Stunkard Public Access Area because of the stress induced from
      spawning combined with the river’s low oxygen content. Algae is also thriving from the
      low flow combined with the high nutrient content of the water. Also, the Mosquito Fern has
      flourished in these conditions as well.

      Senate Bill 1785 apparently will not be enacted in the current legislative session. The Bill
      was passed out of the Senate and sent over to the House of Representative where it failed to
      pass out of the committee assigned.

      Senate Bill 1019, the Blue River Bill, passed out of the Senate and was then “killed” in a
      House committee.

      The Department of Environmental Quality has communicated their intent to continue to
      support the OSRC by contributing $75,000 to go towards the Education Outreach program,
      portable toilets, trash bags, and other expenditures to further the OSRC’s mission.

13.   Consideration, vote to approve, amend or take other action on request from Mr. Carl
      George, Owner of Sparrowhawk Camp, to transfer 527 OSRC Commercial Flotation
      Device Permits (CFDP’s) for Commercial Float Area 3 pending lease/sale
      consummation to new manager/owner. Mr. George to be present at the meeting to
      provide a thorough explanation.

      Carl George of Sparrowhawk Camp gave a brief summary of his intent to sell Sparrowhawk
      Camp to one of two interested parties and asked the Commission to approve the transfer of
      527 CFDP’s after the impending sale.

      Commissioner Wilkinson motioned to approve the transfer 527 OSRC Commercial
      Flotation Device Permits for Commercial Float Area 3 pending lease/sale consummation to
      new manager/owner. Commissioner Brocksmith seconded the motion.

      After some discussion, the vote follows:
OSRC Regular Business Meeting                   04/25/06                     Page 5 of 9

      Blackard       -Aye-                           Larson         -Absent-
      Brocksmith     -Aye-                           Owen           -Aye-
      Chapman        -Aye-                           Randall        -Aye-
      Clark          -Aye-                           Rucker         -Aye-
      Culver         -Aye-                           Stubblefield   -Aye-
      Hilsher        -Aye-                           Wilkinson      -Aye-

14.   Consideration, vote to approve, amend or take other action on request from Mr.
      Waggoner and Mr. Marble to lease 227 OSRC Commercial Flotation Device Permits
      (CFDP) from Sparrowhawk Camp. The CFDPs would be transferred from
      Commercial Float Area #3 and moved/operated in Commercial Float Area #1.

      Mr. Waggoner told the Commission that he and Mr. Marble bought the Illinois River Ranch
      RV Park last year and are wanting to expand their services to include commercial flotation
      device rentals. Should Mr. Waggoner and Mr. Marble purchase Sparrowhawk Camp, it is
      the intent to run two float operations; one at the Illinois River Ranch RV Park and one at the
      existing Sparrowhawk Camp.

      Commissioner Brocksmith motioned to table the issue until a sale has been consummated
      between Mr. George of Sparrowhawk Camp and Mr. Waggoner and Mr. Marble of Illinois
      River Ranch RV Park. Commissioner Wilkinson seconded the motion.

      The vote follows:
      Blackard      -Aye-                            Larson         -Absent-
      Brocksmith -Aye-                               Owen           -Aye-
      Chapman       -Aye-                            Randall        -Aye-
      Clark         -Aye-                            Rucker         -Aye-
      Culver        -No-                             Stubblefield   -Aye-
      Hilsher       -Aye-                            Wilkinson      -Aye-

      Chairman Blackard told the Commission that he received a letter from the Ethics
      Commission that recommended that he should exclude himself from all Agenda Items
      involving Arrowhead Resort/Mr. Spears because of his business relationship with
      Arrowhead Camp and Mr. Jack Spears. Chairman Blackard asked Vice Chairman Hilsher
      to chair the following Agenda item.

15.   Consideration, vote to approve, amend or take other action on letter of request from
      Mr. Jack Spears, Owner of Arrowhead Resort – Thunderbird Resort, in which he
      wishes to appeal the OSRC 2006-2007 CFDP issuance of February 21, 2006, OSRC
      Regular Business Meeting.

      Vice Chairman Hilsher read from the OAC: 4-11-2, Request for Review of
      Approval/Disapproval of Commercial Flotation Device License, and outlined the
      procedures. According to OAC: 4-11-2 (1), the applicant has 30 days to file an appeal on
      the issuance of Commercial Flotation Device Permits. It was stated that the permit award
      letter was dated March 3, 2006, and that Mr. Jack Spears request for review is dated April 6,
OSRC Regular Business Meeting                    04/25/06                     Page 6 of 9

      2006. Because the letter was not hand-delivered or sent by certified mail and that it is not
      known when Mr. Spears actually received the award letter, Vice Chairman Hilsher accepted
      the request for review.

      Vice Chairman Hilsher outlined 630: 4-11-2 (2) Contents of Request, and asked the
      Commission if the April 6th letter or the letters sent to the Commissioners met this criteria.

      Commissioner Chapman motioned to accept the April 6th Request for Review letter and the
      individual letters sent to the Commissioners as appropriate for meeting the requirement of
      OAC 630: 4-11-2 (2). Commissioner Rucker seconded the motion.

      The vote follows:
      Blackard      -Abstain-                        Larson          -Absent-
      Brocksmith -Aye-                               Owen            -Aye-
      Chapman       -Aye-                            Randall         -Aye-
      Clark         -Aye-                            Rucker          -Aye-
      Culver        -Aye-                            Stubblefield    -Aye-
      Hilsher       -No-                             Wilkinson       -Aye-

      Mr. David Spears of Arrowhead Resort addressed the Commission. He requested that the
      24 permits that were reallocated in the February Meeting be returned to Arrowhead
      Resort. He then proceeded to tell the Commission that when the application was
      completed, they requested the 31 permits that were normally issued in Commercial Float
      Area (CFA) 3 for CFA 2. They assumed that because they requested the 31 permits for
      CFA 2, they would, by default, receive them for CFA 3 if they were not granted in CFA
      2.

      After some discussion, Mr. Jack Spears addressed the Commission and gave a brief
      synopsis of how Arrowhead Resort obtained its number of permits, but conceded that the
      State of Oklahoma owns the permits and asked that they be distributed fairly. He also
      pointed out that Arrowhead Resort floated more people per permit than any other
      operation on the river.

      Vice Chairman Hilsher explained to the Spears the reasoning for the distribution of the
      permits with the available information and that an unprecedented 7 permits were
      reallocated from Commercial Float Area 3 to Commercial Float Area 2, which
      Arrowhead Resort received.

      After some discussion, Commissioner Stubblefield suggested that if a float operation has
      more permits than commercial flotation devices, those extra permits should be made
      available to float operations that have more commercial flotation devices than permits.

      Commissioner Clark asked Vice Chairman Hilsher if it were possible to issue temporary
      permits to Arrowhead Resort until the matter is resolved by a subcommittee. Vice
      Chairman Hilsher referenced OAC 630: 10-1-7 Limitation on Licensing of Flotation
      Devices, which limits the number of permits to 3900. Only after a comprehensive carrying
OSRC Regular Business Meeting                     04/25/06                      Page 7 of 9

      capacity study of the river and appropriate rule making can the 3900 permits be increased.

      Vice Chairman Hilsher presented a letter from Austin Bennett of Eagle Bluff Resort to the
      Commission stating that Eagle Bluff Resort has for years requested additional permits in
      CFA 2 and has repeatedly been denied those permits. Eagle Bluff further protests the 7
      newly-added permits awarded to Arrowhead Resort only and not divided up to all of the
      float operations that have requested additional permits in CFA 2.

      After some discussion, Jack Spears told the Commission Arrowhead Resort withdraws its
      appeal.

16.   Consideration, vote to approve, amend or take other action on expenditure of $14,300
      of the poultry gift monies to purchase a Chevrolet 1-ton 15 passenger van from
      Oklahoma Department of Central Services to be used for OSRC Education Outreach
      and Conservation Programs.

      Commissioner Chapman asked how much of the $75,000.00 is going to the Port-a-Potties.
      Mr. Fite said that approximately $13,000 goes towards the Port-a-Potties, $10,000 allocated
      for restoration of the pit toilet facilities, and the OSRC is looking at the possibility of adding
      more permanent toilet facilities. Commissioner Chapman suggested that the grant money
      would be better spent on more permanent bathroom facilities rather than purchasing the
      proposed vehicle.

      Commissioner Rucker asked how the van will be used. Mr. Fite said that it would have
      several uses including; education outreach programs; transporting Junior Rangers to various
      activities; and educational tours for Commissioners, Legislators, or other VIPs.

      Commissioner Chapman suggested that the OSRC look into leasing a 15 passenger van
      from one of the area schools.

      Commissioner Rucker asked where the money was coming from since the $275,000 of the
      Poultry Gift monies was already allocated. Mr. Fite said that he has spoken with Janet
      Wilkerson from the poultry companies, and that she approved the $14,300 for the van. The
      $14,300 would be taken from the $191,000 that was set aside for the CREP.

      Commissioner Stubblefield motioned to table Agenda Item 16. Commissioner Hilsher
      seconded the motion.

      The vote follows:
      Blackard      -Aye-                              Larson          -Absent-
      Brocksmith -Aye-                                 Owen            -Aye-
      Chapman       -Aye-                              Randall         -Aye-
      Clark         -Aye-                              Rucker          -Aye-
      Culver        -Aye-                              Stubblefield    -Aye-
      Hilsher       -Aye-                              Wilkinson       -Aye-
OSRC Regular Business Meeting                  04/25/06                   Page 8 of 9

17.   Consideration, vote to approve, amend or take other action on expenditure of $4,000
      of the poultry gift monies for OSRC Ranger Department equipment needs.

      Ranger Supervisor Brian Stanglin told the Commission how important it is to equip his
      rangers with gear so they can effectively and safely perform their duties.

      Commissioner Stubblefield motioned that Administrator Fite write a letter to Janet
      Wilkerson asking if $4000.00 of the money the poultry industry had allocated for bathrooms
      could be reallocated for the rangers for these specific purposes. Commissioner Wilkinson
      seconded the motion.

      The vote follows:
      Blackard      -Aye-                          Larson         -Absent-
      Brocksmith -Aye-                             Owen           -Aye-
      Chapman       -Aye-                          Randall        -Aye-
      Clark         -Aye-                          Rucker         -Aye-
      Culver        -Aye-                          Stubblefield   -Aye-
      Hilsher       -Aye-                          Wilkinson      -Aye-

18.   Appointment of members to serve as Committee Chairperson(s) on OSRC Budget;
      User Fee, Permits and Licensing; and Scenic Stream Watershed Coordination and
      Management Committees.

      OSRC Budget Subcommittee:
      Commissioner Randall (Chair)
      Commissioner Chapman
      Commissioner Brocksmith

      User Fee, Permits and Licensing Subcommittee:
      Commissioner Rucker (Chair)
      Commissioner Culver
      Commissioner Clark
      Commissioner Hilsher

      Scenic Stream Watershed Coordination and Management Subcommittee:
      Commissioner Stubblfield (Chair)
      Commissioner Larson
      Commissioner Owen
      Commissioner Wilkinson

19.   New Business.

      There was no new business.

20.   Adjournment.
OSRC Regular Business Meeting                      04/25/06             Page 9 of 9




Passed and approved this 20th day of June, 2006.
                                                      _______________________________
                                                      Secretary/Treasurer


Subscribed and sworn to before me on this_______ day of ______________, 2006.


                                             _____________________________________
                                             Signature of notary officer
                                             My Commission expires: December 11, 2009
                                             Commission #01019412

				
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