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.
Roll Call.
MEMBERS
PRESENTMEMBERS ABSENT
Bill BlackardJohn 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.
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.
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-
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.
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.
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. 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 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:
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.
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, 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 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-
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.
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
OSRC Regular Business
Meeting
04/25/06
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