Texas Parks and Wildlife Commission
January 17, 2002Commission Hearing Room
Texas Parks & Wildlife Department Headquarters Complex
4200 Smith School Road
Austin, TX 78744
1 5 BE IT REMEMBERED, that heretofore on the 17th day 6 of January, 2002, there came to be heard matters under the 7 regulatory authority of the Parks and Wildlife Commission of 8 Texas, in the Commission Hearing Room of the Texas Parks and 9 Wildlife Headquarters Complex, Austin, Texas, beginning at 10 9:00 a.m., to wit: 11 12 APPEARANCES: THE PARKS AND WILDLIFE COMMISSION: 13 14 CHAIR: Katharine Armstrong Idsal, San Antonio, Texas Donato D. Ramos, Laredo, Texas 15 Philip Montgomery, III, Dallas, Texas Ernest Angelo, Jr., Midland, Texas 16 John Avila, Jr., Fort Worth, Texas Alvin L. Henry, Houston, Texas (Absent) 17 Mark E. Watson, Jr., San Antonio, Texas (Absent) 18 Joseph Fitzsimons, San Antonio, Texas 19 20 21 THE TEXAS PARKS AND WILDLIFE COMMISSION: Robert L. Cook, Interim Executive Director, and other 22 personnel of the Parks and Wildlife Department 23 24 25 ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 2 1 OTHER APPEARANCES: 2 Ms. Pauline Singleton 3 Ms. Peggy Kimberlin 4 Mr. Larry Vavroch 5 Mr. Bryan Sybert 6 Ms. Andrea Warren 7 Mr. Francisco Bazan 8 Mr. Chris Lawrence 9 Mr. Tom Watson 10 Ms. Mitzi Davis 11 Mr. J.F. Johnson 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 3 1 PUBLIC HEARING 9:00 a.m. 2 3 CHAIRMAN IDSAL: Greetings to you-all. This 4 meeting is called to order. Before proceeding with any 5 business, I believe Mr. Cook has a statement to make. 6 MR. COOK: Thank you, Madame Chairman. A 7 public notice of this meeting containing all items on the 8 proposed agenda has been filed in the Office of the Secretary 9 of State as required by Chapter 551 Government Code referred 10 to as the Open Meetings Law. I would like for this action to 11 be noted in the official record of this meeting. 12 I would also like to go over some ground rules 13 for our meet today. If you'll follow along with me, please, I 14 would appreciate it. So that everyone who wishes to will have 15 a chance to address the Commission in an orderly fashion, the 16 following ground rules will be followed. The Chairman is in 17 charge of this meeting and by law, it is her duty to preserve 18 order, direct the order of the hearing, and recognize persons 19 to be heard. I will be assisting the Chairman today as 20 sergeant at arms. We have sign-up cards for everyone wishing 21 to speak and the Chairman will call names from those cards one 22 at a time. Each person will be allowed to speak from the 23 podium one at a time. When your name is called, please come 24 to the podium, state your name, who you represent, if anyone 25 other than yourself. Then state your position on the agenda ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 4 1 under consideration and supporting facts that will help the 2 Commission understand your concerns. Please limit your 3 remarks to the specific agenda item under consideration. 4 Each person who wants to address the Commission 5 will have three minute to speak. I will keep track of the 6 time on this handy dandy little traffic light over here and 7 will notify you when your three minute is up. Now, as you 8 know, that's assuming that I can figure out how to operate 9 this traffic light. When your time is up, please resume your 10 seat so that others may speak. Your time may be extended if a 11 Commissioner has a question for you. If the Commissioners ask 12 a question or discuss something among themselves, that time 13 will not be counted against you. 14 Statements that are merely argumentative or 15 critical of others will not be tolerated. There is a 16 microphone at the podium. It is not necessary to raise your 17 voice. I also ask that you show proper respect for the 18 Commissioners as well as other members of the audience. You 19 will not be recognized out of turn by raising your hand or 20 interrupting others. Disruptive or offensive behavior will be 21 grounds for immediate ejection from the meeting. If you would 22 like to submit written material to the Commission, please give 23 them to Dee Skelton who is sitting right here on the outside 24 and she will pass those written materials out to the 25 Commission. Thank you. ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 5 1 CHAIRMAN IDSAL: Thank you, Mr. Cook. Next is 2 the approval of the minutes which have already been 3 distributed. Is there a motion for approval? 4 COMMISSIONER FITZSIMONS: So move. 5 COMMISSIONER RAMOS: Second. 6 CHAIRMAN IDSAL: A motion by Commissioner 7 Fitzsimons, a second by Commissioner Ramos. All in favor say 8 aye. 9 ("Aye") 10 CHAIRMAN IDSAL: All opposed? Hearing none, 11 motion carries. 12 Next is the acceptance of gifts which have also 13 been distributed. Is there a motion for approval? 14 TPWD DONATIONS OF $500 OR MORE 15 (Donors are listed in the following order: Donor; Description; Purpose of Donation) 16 17 (1) Rattlemaster's of Texas; CASH; Lone Star Legacy (2) Liberty-Eylau ISD; CASH; Freshwater Fisheries Center 18 (3) TXU; CASH; Freshwater Fisheries Center (4) First National Bank of Athens; CASH; Freshwater 19 Fisheries Center (5) First National Bank of Athens; CASH; Freshwater 20 Fisheries Center (6) R.A. Overcash, Jr. Family Foundation; CASH; Freshwater 21 Fisheries Center (7) Global Industries Offshore; CASH; Artificial Reef 22 Program (8) Unocal; CASH; Artificial Reef Program 23 (9) Rio Grande Valley Birding Festival; Binoculars; Las Palomas WMA 24 (10) Ocean House; CASH; Lone Star Legacy (11) City of Beaumont; CASH; The Great Texas Birding Classic 25 (12) Galveston Island CVB; CASH; The Great Texas Birding Classic ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 6 1 (13) McBride Foundation; CASH; The Great Texas Birding Classic 2 (14) Friends of Pedernales Falls SP; Power Washer; Pedernales Falls State Park 3 (15) March for Parks; Windows, Insulation, Siding and Hardware; Cooper Lake State Park 4 (16) Big John's Soft Plastics; Soft Plastics; Angler Education 5 (17) Friends of Fort Boggy; 6X6 Polaris Ranger; Fort Boggy State Park 6 (19) March for Parks; Window unit and Mattresses; Cooper Lake State Park 7 TOTAL $714,095 8 COMMISSIONER ANGELO: Move approval. 9 CHAIRMAN IDSAL: Motion by Commissioner Angelo. 10 COMMISSIONER MONTGOMERY: Second. 11 CHAIRMAN IDSAL: Second by Commissioner 12 Montgomery. 13 Next are the retirement certificates and 14 service awards. Mr. Cook, would you please make the 15 presentations. 16 MR. COOK: Thank you, Madame Chairman. If you 17 will join me, please, first on our list of retirements today, 18 we have two retirements from our organization and both of 19 these people we all know well and we are going to miss them. 20 First of all Mary Alice Carlin from the Human 21 Resources Division is our HR Assistant I here in Austin, 22 Texas. She is retiring with 26 years of service. Mary Alice 23 Carlin has been employed with TPWD since 1975. Her TPWD 24 service includes employment in several divisions including 25 Fisheries, Resource Protection and State Parks. She currently ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 7 1 serves as HR Assistant in Human Resources where she assists in 2 managing the student intern program and serves as a resource 3 to supervisors and employees in the employment and selection 4 process. Mary Alice has worked in Human Resources for the 5 last 20 years and retires with 26 years of service. Mary 6 Alice Carlin. 7 (Applause.) 8 MR. COOK: Let's try to do it this way. 9 Congratulations. 10 MS. CARLIN: Thank you. 11 MR. COOK: Next is a gentleman that I know well 12 and we will miss him. Roger Rosenbaum, State Parks Manager V 13 in Kerrville, Texas, retiring with 25 years of service. 14 Roger began his employment with TPWD in 15 September of 1976. Roger's 25 and a half years with TPWD 16 include positions such as Park Ranger III at Lake Brownwood 17 State Park, Assistant Manager at Pedernales Falls State Park, 18 Manager at Mission Tejas State Historic Site, Manager at Inks 19 Lake State Park and the last seven and a half years he has 20 been the State Parks Regional Director at Kerrville. 21 As State Parks Regional Director Roger has been 22 responsible for all aspects of daily operations and management 23 of regional State Park sites, programs, initiatives, 24 functions, and personnel, including both coordination within 25 and outside the region. Roger has provided budget, revenue, ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 8 1 planning, marketing, quality assurance, and decision making 2 assistance and support for each park manager in that region. 3 Responsible for effective coordination with an Austin based 4 program staff and personnel for other divisions on matters 5 affecting areas and programs within that region. Roger, we're 6 going to miss you. Roger Rosenbaum. 7 (Applause.) 8 MR. COOK: Thank you, Roger. 9 Fortunately the following folks who are coming 10 to get their services awards are not retiring. We're going to 11 continue to see their smiling faces around. The first one of 12 which I am assured by Mr. Durocher and the people of Inland 13 Fisheries is a very important person to us at Possum Kingdom. 14 Ed Nunez, Environmental Specialist III, Inland 15 Fisheries, Possum Kingdom Fish Hatchery has been with us for 16 35 years. He began for TEXAS PARKS AND WILDLIFE COMMISSION in 17 December, 1966, at Possum Kingdom State Fish Hatchery as a 18 Biology Field Worker. He has ben promoted up to Fish and 19 Wildlife Technician career ladder to the highest level and has 20 distinguished himself as a leader among all the hatchery 21 staff. When he began working for TPWD 35 years ago, he 22 thought it would be for a short time until he found a better 23 job. But after 35 years, he is still here waiting for that 24 better job. He obviously enjoys his job and loves what he 25 does. Ed Nunez Possum Kingdom State Fish Hatchery. ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 9 1 (Applause.) 2 CHAIRMAN IDSAL: Congratulations. 3 MR. COOK: Now I look at some of these names 4 and it calls back some times. Billy Francis in the Law 5 Enforcement Division at Mason, Texas, began his employment 6 with TPWD in December, 1971. He was assigned to Mason County 7 where he remains today. Known throughout the area by 8 citizens, landowners, and hunters for his knowledge and skills 9 in the natural resources. Billy is recognized as impartial 10 and diligent in law enforcement conservation and a good friend 11 to many, many people who live and work and hunt and fish in 12 the Mason County area. Billy Francis, Mason, Texas. 13 (Applause.) 14 CHAIRMAN IDSAL: Congratulations. 15 MR. COOK: I asked Billy this morning how many 16 years it was he said "I think it's 15." 17 Frank J. Ricketson Law Enforcement Division, 18 San Angelo, Texas, has been with us 30 years. Frank began his 19 employment with TPWD in December, 1971. After graduating from 20 the Game Warden Academy at A&M his first duty assignment was 21 to Region 8 District 2, Mount Vernon in Franklin County. 22 Frank served around the state from Hudspeth County, Hopkins 23 County, Titus, Potter and Smith County and in May, 1977, he 24 was promoted to Regional Commander in San Angelo where he 25 remains today. Frank Ricketson, Law Enforcement from San ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 10 1 Angelo. 2 (Applause.) 3 CHAIRMAN IDSAL: Congratulations. 4 MR. COOK: Thank you, Frank. 5 John D. Rische from the Law Enforcement 6 Division, Lubbock, Texas, Lieutenant Game Warden has been the 7 agency for 30 years. John began his employment with TPWD in 8 December of 1971, the same class as Frank. His first duty 9 station was Sweetwater where he stayed for three years. He 10 later transferred to El Paso and was stationed there for 16 11 years. In August, 1990, he was promoted to lieutenant and 12 remains there in that service at Lubbock today. John Rische, 13 Law Enforcement, Lubbock, Texas. 14 (Applause.) 15 CHAIRMAN IDSAL: Congratulations. 16 MR. COOK: Well, the next guy we all know 17 pretty well. James E. Robertson, Director III, Law 18 Enforcement Division, Austin, Texas, has been with this agency 19 for 30 years. Jim Robertson started his career with TPWD as a 20 Game Warden Cadet in 1971. His first duty station was Aransas 21 Pass. They usually send some of the troublemakers in the 22 class to the coast down in Aransas Pass. 23 In 1972 he accepted an assignment at the Game 24 Warden Training Academy in College Station, Texas, where he 25 taught five classes of cadets. When the academy closed in ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 11 1 1975 to move from Texas A&M to Austin, Jim transferred back to 2 a field position in Corpus Christi. In 1982 he received the 3 Gulf Coast Conservation Association Region 10 Officer of the 4 Year award. That year one of only two wardens to accomplish 5 that feat when he repeated in 1983. 6 In 1988 he received the Shikar-Safari Wildlife 7 Officer of the Year Award for the State of Texas for a 8 two-year investigation that led to the felony convictions of 9 three fish dealers who were illegally trafficking in red drum 10 and spotted sea trout. 11 In November, 1987, he promoted to Supervisor of 12 Coastal Law Enforcement and moved to Austin. While in the 13 this position, he represented the Department and the State of 14 Texas on the Gulf States Marine Fisheries Commission Law 15 Enforcement Committee, Advisory Panel, Red Drum Advisory Panel 16 and Black Drum Management Planning Committee. In addition, 17 Jim served on the Texas Emergency Response Committee and the 18 Governor's Council of Emergency Management. 19 In 1992, Jim promoted to Chief of Staff in Law 20 Enforcement and in 1996 was promoted to the Director of the 21 Law Enforcement Division. He was elected president of the Law 22 Enforcement Section of the Southeastern Association of Game 23 and Fish Agencies in 1999 and was selected as the 24 International Conservation Officer of the Year in 2000 by 25 Safari Club International. In 2001 Jim was assigned to the ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 12 1 Executive Office where he serves today. Jim Robertson. 2 (Applause.) 3 MR. COOK: Next from Law Enforcement Division 4 Velton A. Williams, Jr., Game Warden V, Goliad, Texas. Been 5 with the department 30 years. Began his employment in 6 December of 1971. His first duty station was Harris County 7 where he served approximately four years in Crosby, Texas. He 8 then transferred to Galveston County where he served another 9 five years in Texas City. 10 In 1980, he transferred to Goliad County where 11 he works today. During his tenure in Goliad, he was shot at 12 point blank range while assisting the Goliad Sheriff's 13 Department in the apprehension of a fugitive. Velton A. 14 Williams, Jr., Law Enforcement with 30 years. 15 (Applause.) 16 CHAIRMAN IDSAL: Congratulations. 17 MR. COOK: Jorge Zapata, from the State Parks 18 Division, Falcon Heights, Texas, Park Ranger IV has been with 19 the department 30 years. Jorge began his employment in 1971 20 as a part-time and after three or four years he became a 21 full-time employee. Jorge has worked at Falcon State Park for 22 more than half of his life and thanks to the people that gave 23 him the opportunity to work in one of the best parks in the 24 State of Texas. Jorge Zapata, Falcon State Park. 25 (Applause.) ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 13 1 MR. COOK: Thank you. 2 Next Dennis B. Thomas from the Law Enforcement 3 Division in Canyon, Texas, Game Warden V with 20 years of 4 service. Dennis began his employment with TPWD in January of 5 1972. His first duty station was Baytown for about two and a 6 half years and then transferred to Shamrock in Wheeler County. 7 He remain there had for 20 years and then transferred to 8 Canyon in Randall County and has been there for the last seven 9 years. Dennis Thomas, Law Enforcement Division, 20 years of 10 service. 11 (Applause.) 12 MR. THOMAS: It's 30 years. 13 MR. COOK: 30 years? Yes, sir. 14 CHAIRMAN IDSAL: Congratulations on your 30 15 years. 16 MR. THOMAS: Thank you very much. I didn't 17 want to back up. 18 MR. COOK: You'll have to do it over. Thank 19 you. 20 All right. Larry Shahan, State Parks Division 21 Wichita Falls, Texas, Park Ranger IV has been with the 22 department 25 years. Larry began his employment with TPWD in 23 December, 1976, at Lake Arrowhead State Park where he's worked 24 his entire career. His achievements include a Class A water 25 certification, Class B wastewater certification and a 15-year ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 14 1 safety award. Larry has enjoyed meeting new people, both park 2 visitors and fellow employees and has enjoyed working with 3 park outreach programs. Larry Shahan, Wichita Falls Texas 4 State Parks Division. 5 (Applause.) 6 MR. COOK: Thank you, Larry. 7 I want to be sure that I haven't missed anybody 8 again. I believe that's it. 9 Madame Chairman and Members, next we have a 10 recognition award that we would like to present. In January, 11 1999, TEXAS PARKS AND WILDLIFE COMMISSION along with the 12 General Land Office and the Texas Natural Resource 13 Conversation Commission adopted the Seagrass Conservation Plan 14 in Texas. As the Department began working with Coastal 15 constituents in an effort to implement the plan, one of the 16 first Texans to join in that effort was Anne Ashmun. Although 17 a resident of Austin, Anne grew up fishing and collecting 18 shells along the Texas coast and over the years Anne's love 19 for these wonderful resources grew into an advocacy for 20 protecting their future. Along with her husband Stuart, the 21 Ashmuns has have been dedicated supporters of conservation 22 throughout Texas as well as illustrated by their leadership 23 within the Nature Conservancy of Texas and their support of 24 Marine Research at the University of Texas Marine Science 25 Center in Port Aransas. ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 15 1 Members, as you may recall, as part of the 2 Seagrass Conservation strategy in Redfish Bay, the Commission 3 established the Redfish Bay State Scientific Area in June of 4 2000. Within the confines of the area, staff planned and laid 5 out a series of three paddling trails called the "Lighthouse 6 Lakes Trails" and a Parks and Wildlife Foundation endowment 7 account was established for the State Scientific Area. In 8 each of these last two years, Parks and Wildlife has hosted a 9 Lone Star Legacy weekend event at the Lighthouse Lakes Trails. 10 At the 2001 event, Texans had the opportunity to compete in a 11 fishing tournament, take guided paddling tours, participate in 12 a 13-mile paddle race and try out almost every variation of 13 paddle craft imaginable. In all, over 200 Texans including a 14 large number of children had the opportunity to enjoy this 15 wonder area on that weekend. 16 And they had that opportunity because, once 17 again, the Ashmuns stepped up to support outdoor conservation. 18 Anne and Stuart underwrote the 2001 Loan Star Legacy event at 19 the Redfish Bay State Scientific Area through their generous 20 contribution of $5,000 to the Lone Star Legacy endowment of 21 that area. Without their support this event would have not 22 enjoyed the success that it did. It was a terrific weekend. 23 Today, members, I ask you to join me in 24 recognizing two of Texas' most stalwart conservationists and 25 two of TPWD's best partners, Anne and Stuart Ashmun. ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 16 1 (Applause.) 2 MR. COOK: Thank you again. Thank you very 3 much. 4 AGENDA ITEM NO. 1: ACTION -- APPROVAL OF AGENDA 5 CHAIRMAN IDSAL: The first order of business is 6 approval of the agenda which we have before us. As per our 7 discussion, in committee, Items 4 and 5 have been withdrawn 8 from the agenda. Is there a motion for approval? 9 COMMISSIONER AVILA: So moved. 10 CHAIRMAN IDSAL: I have a motion by 11 Commissioner Avila. I need a second. 12 COMMISSIONER RAMOS: Second from Commissioner 13 Ramos. 14 CHAIRMAN IDSAL: All in favor say aye. 15 ("Aye.") 16 CHAIRMAN IDSAL: Any opposed? Hearing none, 17 motions carries. 18 AGENDA ITEM NO. 2: ACTION - EQUINE ANEMIA REGULATIONS 19 CHAIRMAN IDSAL: The next agenda item is an 20 action item. Dr. Jerry Cooke will present. 21 DR. COOKE: Madame Chairman and members, 22 yesterday we discussed this item in a little more detail but 23 as background for those who were not here yesterday, this 24 action is going to be addressing changes in Chapter 59 related 25 to parks. Chapter 65 related to wildlife management areas. ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 17 1 When we invite the public onto our properties they come with a 2 reasonable expectation that they and their property is going 3 to have reasonable protection. However, there is a disease 4 known as equine infectious anemia and once a horse or a mule 5 or a burro is infected with this virus it becomes a hazard to 6 all other horses within which it comes in contact. This 7 action would require that anyone who brings an equine of any 8 kind onto a wildlife management area or state park have in 9 their possession for each animal that they bring a VS Form 10 1011 from the Texas Animal Health Commission which certifies 11 that the animal has been tested negative in an official equine 12 infectious anemia test within the previous 12 months. 13 That concludes my presentation if you have any 14 questions. 15 CHAIRMAN IDSAL: Is there any discussions by 16 the Commission on this issue? Well, first I think we have 17 some speakers. We will now hear from those who signed up to 18 speak. I would like to remind you that you have three minutes 19 and will the next person signed up please be ready to make 20 your presentation. Pauline Singleton, Peggy Kimberlin. 21 MS. SINGLETON: Madame Chairman, Commissioners, 22 I'm representing the Greater Houston Horse Council and when I 23 described to them the proposed rule change that you're going 24 to vote on this morning, every person that was there at that 25 meeting voted in favor of it. They all voted to support it. ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 18 1 As an individual horse owner, I can tell you why this has 2 broad support in the horse industry. Some years ago my 3 husband and I had the misfortune to have an outbreak of this 4 disease in our horses and we lost three out of six. Since 5 then I've talked to many, many other horse people. I'm talked 6 to people that have lost 10, 20, 30 head of horses in the 7 State of Texas in one outbreak. I've talked to two people 8 that have had three different outbreaks. Mr. Ben Knolte 9 (phonetic) who is the racing secretary or the executive 10 secretary of the Racing Commission in a State of Pennsylvania 11 told me about an outbreak that he witnessed years ago and he 12 wouldn't tell me whether it was in Texas or somewhere else, 13 but he said they lost 100 head of horses. 14 Now that kind of thing is rare but no one that 15 has a lot of time and effort and money invested in their 16 horses wants to take a chance on exposing themselves to that 17 kind of situation, especially not just because they decided to 18 spend a pleasant day at a park. One of the things that makes 19 it a matter of concern is the life cycle of the primary vector 20 which spreads this disease. It happens to be the large horse 21 flies of the genus tabanus. And their life cycle depends on 22 bodies of waters, streams, creeks, bayous, particularly wooded 23 areas. And I can't think of a park that doesn't feature some 24 body of water that would be very accommodating to these 25 insects. So it's one of the last places that I would want to ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 19 1 encounter someone with an infected horse. So I strongly urge 2 to vote for this proposal. Thank you. 3 CHAIRMAN IDSAL: Thank you, Ms. Singleton. 4 MS. KIMBERLIN: My name is Peggy Kimberlin, 5 editor of the Trail Riders Journal. Commission records will 6 reflect that in August last year I presented to you a 7 situation of a Denton County woman having to euthanize her 8 horse after possibly contracting that disease in Lake Roberts 9 State Park. I really want to salute you all for your effort 10 in swiftly carrying this through and bringing it to the 11 attention that it needed to provide a safe pleasant experience 12 for equestrians in the state parks is where we're headed now 13 and hopefully it will help control this very contagious 14 disease. I salute all of you and thank you so much for all 15 your efforts. 16 CHAIRMAN IDSAL: Thank you. Next we have Larry 17 Vavroch. Is that correct? 18 MR. VAVROCH: Yes. It's Larry Vavroch. I'm 19 the president of the Trans Group the Trails Association of Ray 20 Roberts and I would like to speak in support of the proposed 21 regulation. I would like to pass on that the equine users, 22 the majority of equine users at the Ray Roberts would also 23 like to support this. 24 As Peggy mentioned the impact of a horse 25 catching this disease is not only is that horse destroyed or ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 20 1 quarantined for its life, but immediately after that horse is 2 discovered all the horses on that property and all the 3 neighbor's horses for a, you know, area around at least 200 4 yards are quarantined for the next 90 days. So all those 5 people have lost the use of their horses if this disease is 6 contracted. And Texas Parks and Wildlife has had kind an 7 informal requirement on the web page or at least equine page, 8 web page for a few years requiring Coggins but because it's 9 been informal some parks have checked it, some parks have not. 10 And I believe that passing this regulation would make that 11 more consistent across the parks and would do a great service 12 for us. 13 CHAIRMAN IDSAL: Thank you. I don't believe 14 there are any more speakers on this subject. Does staff have 15 any comments to the comments of the speakers? Are there any 16 comments from the Commission? Is there a motion on this item? 17 COMMISSIONER MONTGOMERY: Since we have the 18 equestrian groups here, I hope you-all continue to keep us 19 filled in on how we can make the parks as attractive as 20 possible to equestrian users. Certainly one step we're trying 21 to take. We would like to hear from you as much as possible. 22 CHAIRMAN IDSAL: Are there any more comments 23 from the Commission? 24 COMMISSIONER ANGELO: Madame Chairman, I would 25 move approval of the motion. ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 21 1 COMMISSIONER RAMOS: Second. 2 CHAIRMAN IDSAL: I have a motion by 3 Commissioner Angelo, second by Commissioner Ramos. All in 4 favor say aye. 5 ("Aye") 6 CHAIRMAN IDSAL: All opposed? Hearing none, 7 motion carries. 8 "The Texas Parks and Wildlife Commission adopts 31 TAC 9 Section 59.132, 65.190, and 65.199, concerning equine anemia 10 regulations, with changes to the proposed text as published 11 in the December 14, 2001, issue of the Texas Register (25 12 TexReg 1024l)." 13 AGENDA ITEM NO. 3: ACTION- STATEWIDE OYSTER FISHERY 14 PROCLAMATION AMENDMENTS 15 CHAIRMAN IDSAL: The next item on the agenda is 16 Statewide Oyster Fishery Proclamation Amendments. 17 Mr. Riechers. 18 MR. RIECHERS: Madame Chairman, Commissioners, 19 my name is Robin Riechers. I'm Management Director of the 20 Coastal Fisheries Division. This item proposes final adoption 21 of amendments to Chapter 58 subchapter 8, the Oyster Fishery 22 Proclamation and it's in accordance with -- these amendments 23 are in accordance with Senate Bill 305 which was passed during 24 the last legislative session. We're having a little problem 25 there? Okay. Throughout the legislative session, we met with ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 22 1 the Oyster Leaseholders Association, the Oyster Advisory 2 Committee basically keeping them informed of the requirements 3 that were going to be required of them under Senate Bill 305. 4 More recently after the proposals we basically have met again 5 with the leaseholders association, the Oyster Advisory 6 Committee and we held a public hearing in the Galveston County 7 area. There were 11 people in attendance at the public 8 hearing and 11 gave us individual comments. The only comments 9 directed toward the proposals concern the implementation date 10 of a $200 renewal fee. Persons commented that they were under 11 the impression that the renewal fee would occur at the end the 12 15-year term which will begin on March 1 of 2002. 13 The changes proposed are in accordance with 14 Senate Bill 305 and they basically set the term of the lease 15 for 15 years. They change the per acre lease fee from $3 to 16 $6 and they create a 10 percent penalty if that fee is not due 17 on March 1st. They have 90 days in which to pay the fee and 18 the 10 percent penalty. If they do not pay within 90 days the 19 lease is then terminated. Further provisions of Senate Bill 20 305 provided specific guidance for the transfer and renewal of 21 leases. Upon renewal or transfer, the Department will charge 22 $200 and can set procedures basically to accommodate these 23 transactions. In regards to the earlier public comment, the 24 legislation took effect September 1 of 2001; thus the renewal 25 which will occur March 1 of 2002 will be subject to the $200 ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 23 1 renewal fee. 2 Additionally the rule would require upon 3 renewal that the leaseholder provide within one year of that 4 first renewal an updated lease survey to the Department. The 5 leaseholders currently have first right of refusal at the end 6 of the lease and the proposals also include provisions which 7 would allow an auction of the lease and the Department at that 8 time can set a minimum acceptable price based on previous 9 auctions, open market prices and other factors. 10 Staff currently recommends only one change to 11 the proposed rules as they were published in the Texas 12 Register and this is just for purpose of consistency and 13 clarification. And in Section 5830, lease renewals, we would 14 recommend that "the need for depuration of polluted oysters" 15 be changed to "the need for depuration of oysters taken from 16 nonapproved areas." It's just a clarification so we're 17 consistent with our language throughout that chapter. Further 18 staff recommends that we adopt the motion which does reference 19 that amendment. 20 CHAIRMAN IDSAL: We have no one signed up to 21 speak on this item. Is there any comments from the Commission 22 on this? Is there a motion on this item? 23 COMMISSIONER FITZSIMONS: So moved adoption. 24 COMMISSIONER MONTGOMERY: Second. 25 CHAIRMAN IDSAL: Motion by Commissioner ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 24 1 Fitzsimons and second by Commissioner Montgomery. All in 2 favor say aye. 3 ("Aye") 4 CHAIRMAN IDSAL: Any opposed? Hearing none the 5 motion carries. 6 "The Texas Parks and Wildlife Commission adopts amendments to 7 31 TAC Section 58.-and (located in Exhibit A), concerning 8 Statewide Oyster Fishery Proclamation as published tin the 9 December 14, 2001 issue of the Texas Register (26 TexReg 10 10232)." 11 AGENDA ITEM NO. 6: ACTION - NONPROFIT PARTNERS, EMPLOYEE 12 FUNDRAISING, AND YOUTH-APPROPRIATE ADVERTISING 13 CHAIRMAN IDSAL: The next on the agenda is an 14 action item, nonprofit partners, employee fundraising and 15 youth-appropriate advertising. Gene McCarty. 16 MR. McCARTY: Chairman, Commissioners my name 17 is Gene McCarty Chief of Staff for the Agency. Texas Parks 18 and Wildlife Sunset Bill, Senate Bill 305 requires the 19 Commission to adopt best practices for official nonprofit 20 partners and other nonprofit partners. This Bill requires 21 that the Commission adopt guidelines for solicitation of 22 sponsorships by the official nonprofit partners. Policies for 23 Texas Parks and Wildlife employee fundraising and rules for 24 youth-appropriate advertising. The rules were published in 25 the December 14th issue of the Texas Register and I'll now go ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 25 1 over those proposed rules as published. 2 Best practices for the nonprofit partners were 3 developed based on recommendations made in the Sunset staff 4 report. These best practices include adopting a conflict of 5 interest policy, publishing an annual report and making the 6 current IRS return audit and exempt status available to the 7 public. Partners must comply with standards of safeguards for 8 accounting. These include adopting financial procedures for 9 acceptance of funds and prohibiting TPWD employees from 10 spending or obligating partner funds. Partners must also 11 comply with state and federal requirements governing TPWD 12 spending for expenditures of any State funds. 13 TPWD employees may not hold paid positions or 14 receive direct benefits from partners, however, the partners 15 may reimburse employees for documented expenses as well as 16 award scholarships to employees. Lastly, employees 17 fundraising on behalf of the partner must comply with the 18 employee fundraising activity provisions in this title. 19 The Sunset Bill allows the Commission to name 20 one nonprofit partner as the official nonprofit partner of the 21 agency. This official nonprofit partner must adopt the best 22 practices previously mentioned as well as follow the best 23 practices based as -- follow these best practice as 24 recommended by the Sunset staff report. Provide that the 25 chairman of the Commission adopt a majority of the official ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 26 1 nonprofits board, prohibit Texas Parks and Wildlife employees 2 from serving as voting members of the official nonprofit 3 board, prohibit the official nonprofit from using State funds 4 to influence legislative action. An independent accounting 5 firm shall audit the official nonprofit partner annually. A 6 copy of the audit shall be sent to the Department. Any State 7 funds received by the official nonprofit partner shall be 8 subject to audit by the State Auditor's Office. And not later 9 than three years following the selection of the official 10 nonprofit, the Commission must assess whether the official 11 nonprofit is still needed. 12 In addition to best practices for the official 13 nonprofit, Senate Bill 305 requires the Commission to develop 14 sponsorship guidelines. These allow the official nonprofit to 15 solicit and accept corporate sponsorships when they are 16 consistent with the mission of TPWD and comply with the 17 following sponsorship requirements. The official nonprofit 18 may not accept sponsorships from entities that conflict with 19 the Department's mission or legislative mandates. Are 20 regulated by or in litigation with the Department at the time 21 of consideration or would result in the role of TPWD being 22 less prominent than that of the sponsor. 23 The official nonprofit may recognize sponsors 24 solely in the context of the TPWD program, event or material 25 that the sponsor has supported. Only when the contribution is ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 27 1 greater than the cost associated with providing the 2 recognition and may not include -- may not include signage of 3 any kind on any State-owned vehicle or trailer. Sponsorship 4 recognition by the official nonprofit shall be based on the 5 contribution amount, scope, and duration. The Department 6 will, however, have final approval of levels and terms of 7 recognition on a case-by-case basis. A report must be 8 prepared and submitted to the Department by the official 9 nonprofit annually. And finally the payment of sponsorship 10 financial contributions shall be made directly to the official 11 nonprofit. 12 Sunset required that the Commission adopt 13 Department employee fundraising guidelines for gifts equal to 14 or greater than $500. These include allowing employees to 15 solicit and accept donations as part of their official duties, 16 requiring that the employees report their fundraising 17 activities quarterly. Prohibiting employees whose jobs 18 include regulatory oversight of the entity from soliciting or 19 accepting donations from that entity. And prohibiting 20 employees from soliciting or accepting donations as a 21 consequence of administering or enforcing State law or 22 Department regulations. 23 Lastly Sunset required that the Commission 24 adopt rules relating to youth-appropriate advertising as it 25 pertains to the youth version of the outdoor annual. This ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 28 1 would limit advertising that is appropriate for youth viewing 2 to advertisements that do not include alcohol or tobacco 3 products. 4 We received seven public comments as of this 5 morning. The bulk of these are opposed to the requirements 6 that an independent audit apply to all nonprofit partners. 7 Staff agrees with these comments and does not wish to place 8 any unnecessary financial burden on nonprofit partners and 9 proposes to amend Texas Administrative Code 31 to read as 10 follows: The provisions of Subsection B, C, D1, D2 and E of 11 this section shall apply to nonprofit partners as defined in 12 Texas Parks and Wildlife Code Chapter 11.201. What that 13 effectively does is take the requirement that all nonprofits 14 have an annual audit away and only apply that to the official 15 nonprofit partner. That will eliminate, I think, the biggest 16 concern of the smaller friends group and nonprofit partners 17 that a required annual audit might be just burdensome to them 18 and financially a problem. 19 Staff recommends the following motion: The 20 TEXAS PARKS AND WILDLIFE COMMISSION adopt new 31 Texas 21 Administrative Code Chapter 51.165 through 168 concerning 22 nonprofit partners, employee fundraising, youth-appropriate 23 advertising with amendments to the text as published in the 24 December 14th issue of the Texas Register. Any questions? 25 CHAIRMAN IDSAL: Do we have any questions from ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 29 1 the Commission? We have one person signed up to speak on this 2 item, I believe. Mr. Haire. How are you? 3 MR. HAIRE: Good morning. 4 CHAIRMAN IDSAL: Good morning. 5 MR. HAIRE: I'm Jim Haire from Tyler and I 6 appreciate this chance to comment on your sponsorships. Your 7 new youth advertising rules says that advertising that 8 includes alcohol and tobacco is not appropriate for viewing by 9 youths. I agree. And I ask that you consider the following 10 when you implement this. About 3.1 million copies of your 11 fishing regulations are distributed annually with numerous 12 alcohol ads. There is no practical way to separate these 13 millions of copies from kids. Retailers like Wal-Mart put the 14 booklets out on counters and tables for convenience. The idea 15 of printing special copies for kids sounds great, but it's 16 impractical to administrate. If kids are given a kid version, 17 the one year they take the hunting education course, for 18 example, they still get the adult copies during the years 19 before and after. I trust that you will remove alcohol ads 20 from your fishing regulations to be consistent with your own 21 youth advertising rule. 22 Also you should not address the advertising 23 issue by banning kids from state fishing events. The Gulf 24 Coast Roundup in which the average size fish are caught for 25 hatchery use would attract your number one outreach target, ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 30 1 kids. It's a natural father/son event but kids are banned 2 because beer key chains are being handed out to their dads. 3 On another alcoholic sponsorship issue, the 4 Texas Health Department says that about 85 percent of women 5 are unaware that alcohol use during pregnancy can result in 6 mentally retarded babies. Alcohol is actually the number one 7 cause of mental retardation in the Western Hemisphere. The 8 damage to the fetus is called fetal alcohol syndrome. Since 9 our State Legislature recently killed House Bill 12 which 10 would have provided only a basic warning and since this agency 11 is now profiting from alcohol promotions it falls squarely on 12 you to warn your unsuspecting customers about fetal alcohol 13 syndrome. Of all the substances of abuse including heroin, 14 cocaine, and marijuana, alcohol products are by far the most 15 serious effects in the fetus resulting in lifelong disorders 16 of memory function, impulse control and judgment. Many 17 children lack the facial abnormalities of the full syndrome 18 but still suffer from the learning behavioral and other 19 problems resulting from prenatal alcohol exposure. 20 FAS affects 1 percent of the babies in North 21 America making alcohol the leading cause of brain damage 22 today. An estimated 3,700 babies are born in Texas each year 23 with these alcohol-related problems. The group of women at 24 highest risk include women who have college degrees and women 25 in households with incomes over $50,000. The AMA plus U.S. ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 31 1 Department of Health says we should provide the general public 2 more warnings about FAS. Anheuser-Busch's first obligation is 3 to its shareholders. Surely your first obligation is to the 4 citizens of Texas. The information sources and even the 5 product warning that you should adopt is spelled out in my 6 handout. Thanks very much. 7 CHAIRMAN IDSAL: Thank you, Mr. Haire. Are 8 there any comments from the staff to Mr. Haire's remarks? Are 9 there any comments from the Commission? Entertain a motion. 10 COMMISSIONER RAMOS: So moved. 11 CHAIRMAN IDSAL: A second? 12 COMMISSIONER MONTGOMERY: Second. 13 COMMISSIONER ANGELO: Excuse me, Ms. Chairman 14 can I ask one question regarding the outdoor annual and its 15 distribution. Would you -- 16 MR. McCARTY: Yes. The definition that you're 17 asking to -- or you're being asked to develop here is 18 specifically from in response to the legislative intent of the 19 contracts that we have for publications. And it specifically 20 says that the Department cannot enter into a contract for a 21 publication unless the contract includes a clause that allows 22 us to request and receive an appropriate number of copies of 23 the publication that contain advertising that is appropriate 24 for viewing by youth. And that the Commission shall adopt 25 rules regarding to the types of advertising that is ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 32 1 appropriate for viewing for youth for those copies. That's 2 the intent of this is that it's specifically for those special 3 copies that we request that we use in our programs that are -- 4 that are kid-related programs, our hunter education and those 5 sort of programs. The aside -- the aside from the normal 6 production copies. 7 COMMISSIONER AVILA: So in effect you're 8 getting two sets? 9 MR. McCARTY: That's right. That's correct. 10 And this definition you're setting up is -- defines what 11 the -- what the -- what the specific sets that we can -- that 12 we can request from the contract -- request and receive an 13 appropriate number of the copies of the publication that 14 contain advertising that is appropriate for viewing by youth. 15 COMMISSIONER ANGELO: Is that the legislative 16 intent, how does that change what we have been doing. 17 MR. McCARTY: Currently there is no contractual 18 obligation to do that. We're asking for that now, but we 19 don't have a contractual obligation. Sunset put it as a 20 criteria of the contract. 21 COMMISSIONER ANGELO: And the legislators 22 understood that this would be on a portion of the -- 23 MR. McCARTY: Yes. That was their intent. 24 CHAIRMAN IDSAL: Could you tell us again the -- 25 more or less the number or percentages of youths specific ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 33 1 outdoor annuals versus the general publication. 2 MR. McCARTY: Right now we're getting about 3 50,000 youth viewing that we use in our programs. Is that -- 4 where's Lydia? 5 MS. SALDANA: It's 100,000. 6 MR. McCARTY: Okay. It's 100,000. We were 7 getting 50, now we're getting 100,000 that we use in our 8 programs all the way from Expo Hunter Education, Boater 9 Education and the total production is 3.1 million? 10 CHAIRMAN IDSAL: And you feel that that is a 11 sufficient number to provide them adequately for our programs? 12 MR. McCARTY: That covers our programs. 13 CHAIRMAN IDSAL: Okay. 14 COMMISSIONER ANGELO: I guess one other 15 question. With respect to the advertising the outdoor annual, 16 do we -- we don't have control over it totally; is that 17 correct or do we? 18 MR. McCARTY: We do not have control over that 19 contractually at this point. 20 COMMISSIONER ANGELO: So this is the maximum 21 effort we can make in that regard as far as the numbers that 22 will be published. 23 MR. McCARTY: That's correct. 24 COMMISSIONER ANGELO: Okay. 25 CHAIRMAN IDSAL: Any more questions from the ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 34 1 Commission? 2 COMMISSIONER MONTGOMERY: I'm curious to the 3 comment -- question about excluded children and issues here. 4 MR. McCARTY: I'm not either, Mike. Mike Ray 5 may want to -- that was his program. 6 MR. RAY: I'm Mike Ray. Really the thing that 7 I know about this is I believe the rules that the -- that 8 Anheuser-Busch has to be under to be able to sponsor something 9 like this does prohibit people from -- from being of ages less 10 than 21 to be able to participate. That's about all I can 11 tell you in on that. I believe it's a State or Federal law 12 that makes this happen. 13 COMMISSIONER RAMOS: When you say participate 14 does that exclude being in attendance? Can you be in 15 attendance? 16 MR. RAY: Yes. Yes, you sure can. Just as far 17 as signing up for the program and to try to be of -- excuse 18 me -- available for some of the prizes and things like that 19 and to make that donation to us of those fish it officially 20 has to be done by somebody that's 21 years old. 21 MR. COOK: Madame Chairman, I believe that 22 Lydia has also been working with the contract issues and she 23 may have some knowledge on this. 24 CHAIRMAN IDSAL: Okay. 25 MS. SALDANA: I'm Lydia Saldana, Director of ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 35 1 Communications. This program was begun a few years ago with 2 being sponsored by Anheuser-Busch and I might point out that 3 it would not exist without those sponsorship dollars. When we 4 created the program we were very mindful of making sure that 5 those programs that are sponsored are appropriate to be tied 6 into Anheuser-Busch. And that is one of the reasons why the 7 requirements were set up so that it is, you know, adults only. 8 COMMISSIONER RAMOS: But again, excuse me, 9 Lydia, but can you have nonadults present at those meetings? 10 MS. SALDANA: Yes, yes and of course... 11 COMMISSIONER RAMOS: They just can't be 12 officially enrolled as you might say, but they can attend. 13 MS. SALDANA: Correct. Correct. And that is 14 of course up to the parents whether they feel that it's 15 appropriate for their children to be at the event. 16 COMMISSIONER RAMOS: So they make the decision 17 as to whether they should be exposed to whatever they might 18 experience at that particular event? 19 MS. SALDANA: Absolutely. 20 COMMISSIONER RAMOS: We put it back to the 21 parents. 22 MS. SALDANA: Absolutely. 23 CHAIRMAN IDSAL: Commissioner Fitzsimons? 24 COMMISSIONER FITZSIMONS: Just so I'm clear, 25 Lydia, this doesn't in any way -- this proposal doesn't in any ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 36 1 way restrict our ability to continue the programs we have 2 Outdoor Kids, Co-op, the Community Outdoor Outreach program, 3 Kid Fish, Texas Youth Hunting, any of that? 4 MS. SALDANA: No, sir. No, sir. 5 COMMISSIONER FITZSIMONS: Thank you. Thank 6 you. 7 CHAIRMAN IDSAL: Do we have any more comments 8 from the Commission? Is there a motion on this item? 9 COMMISSIONER RAMOS: I move. I renew my motion 10 for approval. Thank you. 11 COMMISSIONER ANGELO: Second. 12 CHAIRMAN IDSAL: Commissioner Ramos. 13 Commissioner Angelo. All in favor say aye. 14 ("Aye") 15 CHAIRMAN IDSAL: Any opposed? Hearing none the 16 motion carries. 17 "TEXAS PARKS AND WILDLIFE COMMISSION adopts new 31 TAC 18 Section 51.165-51.168 (located in Exhibit A), concerning 19 nonprofit partners, employee fundraising, and 20 youth-appropriate advertising as published in the December 21 14, 2001 issue of the Texas Register (26 TexReg 10228)." 22 AGENDA ITEM NO. 7: ACTION - LAND TRANSFER 23 CHAIRMAN IDSAL: The next item is an action 24 item Land Transfer. Walt Dabney will present. 25 MR. DABNEY: Chairman and Commissioners, I'm ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 37 1 Walt Dabney, State Park Director. Before I begin my remarks, 2 we had a very successful annual State Park meeting recently 3 and I want to thank the Chairman and Commissioner Angelo and 4 Commissioner Fitzsimons for coming by to see us and to speak 5 to us, spend a little time with our troops. It meant a whole 6 lot to them, and I want to tell Commissioner Angelo 7 personally, contrary to my remarks at the previous Commission 8 meeting, if anybody wants to have an annual meeting that 9 Midland is a wonderful place in January to have one. We had a 10 good time and people were very hospitable up there. 11 I'm here to speak about House Bill 2108 briefly 12 and a potential transfer of a State Park site Lake Rita Blanca 13 up by Dalhart. The consideration of Lake Rita Blanca would be 14 under House Bill 2108 which gave the Department the ability to 15 review sites within our system and to advise local 16 subdivisions, counties, and cities that there is an 17 opportunity if they felt that they could operate the site as 18 well if it were in close proximity or within that 19 jurisdiction, that we could enter into a dialogue to see if it 20 made sense for them to operate the site instead of the State. 21 We have -- you have approved three of those in the past. 22 Public Lake Landmark, Old Fort Parker and the Jim Hogg site at 23 Rusk. Those are either done or in the process of being 24 transferred to those jurisdictions. The facility transfer of 25 Lake Rita Blanca would -- Lake Rita Blanca is the northern ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 38 1 most park side that we have. We got that in -- it's about 2 1,688 acres. It actually still belongs to the Counties of 3 Dallam and Hartley. We had a 101-year lease on the place. We 4 got that 1995. We don't really have any facilities other than 5 day use there and no plans to do extensive development of that 6 site. The City of Dalhart does in fact has requested that we 7 enter into negotiations with them to transfer the site to fix 8 it up. What we're asking for today is that you would approve 9 us to enter into negotiations with the City of Dalhart. We 10 would put a contract together as we have in these other sites 11 and if we can resolve this and agree upon that, we would go 12 ahead and execute a contract with them and transfer that site 13 to their jurisdiction for perpetual operation and maintenance 14 of the site. It has to continue to be used for park purposes. 15 It can't be sold off or anything else. So what we're asking 16 for today is to negotiate such a contract for the transfer of 17 this site to the City of Dalhart, Texas. 18 CHAIRMAN IDSAL: Do we have any questions or 19 comments from the Commission on this item? We have no one 20 signed up to speak. So do I have a motion? 21 MR. AVILA: So move. 22 CHAIRMAN IDSAL: Second? 23 COMMISSIONER FITZSIMONS: Second. 24 CHAIRMAN IDSAL: Motion by Commissioner Avila, 25 second by Commissioner Fitzsimons. All in favor? ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 39 1 ("Aye") 2 CHAIRMAN IDSAL: Any opposed? Hearing none, 3 motion carries. 4 "The Executive Director is authorized to take all steps 5 necessary to negotiate the transfers and enter into project 6 agreements for the Lake Rita Blanca State Park site." 7 AGENDA ITEM NO. 8: BRIEFING - RECREATIONAL METAL DETECTING 8 CHAIRMAN IDSAL: Mr. Dabney, you make the next 9 presentation as well. Item No. 8 is a briefing item on 10 recreational metal detecting. 11 (Whereupon a briefing was presented to the 12 Commission, the following proceedings were 13 heard:) 14 AGENDA ITEM NO. 9: ACTION - LOCAL PARK FUNDING 15 CHAIRMAN IDSAL: This is a briefing item, I 16 believe, so we will move on to the next item on the agenda an 17 action item, Local Park Funding. Mr. Hogsett. 18 MR. HOGSETT: Good morning. Madame Chairman, 19 Members of the Commission, I'm Tim Hogsett from the Recreation 20 Grants Branch of the State Parks Division. This item is a 21 proposal for funding for outdoor recreation grants. It would 22 be one of the two annual awards that you would be making. 23 In this particular review we received 39 24 applications by the July 31st, 2001 deadline requesting 25 $16,271,090 in matching funds assistance. We rank ordered all ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 40 1 of these projects, performed site visits, using our scoring 2 system these are rank ordered and that is your Exhibit A. And 3 we are recommending approval of the top 13 applications in the 4 amount of $5,750,962 in matching funds which is the amount 5 that we currently have available. And the proposed 6 recommendation is funding for the projects listed in Exhibit A 7 in the amount of $5,750,962 is approved as described for 8 individual projects in Exhibit B. And I would be happy to 9 answer any questions. 10 CHAIRMAN IDSAL: Do you-all have any questions 11 of Mr. Hogsett? We have some members of the audience signed 12 up to speak. Andrea Warren and then Francisco Bazan. 13 MS. WARREN: Good morning. My name Andrea 14 Warren. I'm the Parks and Recreation Director for the City of 15 Angleton. I would just like to start off by thanking Texas 16 Parks and Wildlife for providing this program for cities to 17 apply for these grants. Ten years ago we applied for one and 18 received it and were able to build a very nice soccer complex 19 that being used by not only Angleton residents but also the 20 surrounding Brazoria County. Last July we applied for another 21 grant for Bates Park and Dickie Park in Angleton. 22 Unfortunately we found out last week we weren't being 23 recommended for funding. We were the 14th person and missed 24 it by just one point. We are optimistic, though, that after 25 meeting with the Texas Parks and Wildlife staff and going over ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 41 1 our application that we can resubmit it in February and 2 hopefully I'll be back in July with a positive recommendation 3 for funding. Citizens in Angleton are very excited about this 4 new park coming in. We're gonna be providing opportunities 5 for all age groups in Angleton, playgrounds for the little 6 kids, a walking trail for adults and senior citizens. Our 7 softball association is excited about two new softball fields 8 that are coming in. They've been growing every year. We 9 also -- it's going do be situated between an elementary school 10 and a junior high as well as a nursing home so they'll be able 11 to get to the facility very easily to use the recreation 12 facilities. Again I hope I'm back in July with a positive 13 recommendation. I thank the Texas Parks and Wildlife for 14 providing this program. 15 Thank you. 16 CHAIRMAN IDSAL: Thank you Andrea. Francisco 17 Bazan. 18 MR. BAZAN: Madame Chairman and board members, 19 my name is Francisco Bazan from Nueces County. I'm the 20 chairman for the Parks and Recreation. We do have some 21 presentation grants in front of you that we would like for you 22 to consider when you do. What they will be doing for the 23 community and for the quality of life that we -- that will 24 surround itself if you for some reason consider us for this 25 grants that are in front of you. I'm mainly here to say that ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 42 1 I would like to thank all of you if given the opportunity and 2 of course the consideration on these grants for the 3 improvement of the quality of life that we have in Nueces 4 County. 5 Thank you very much. 6 CHAIRMAN IDSAL: Thank you. Chris Lawrence and 7 then Tom Watson. 8 MR. LAWRENCE: Madame Chairman, members of the 9 Commission, I would just echo my superior's comments before 10 and thank you for this program. Thank you for your 11 consideration of our applications today and in the past. We 12 look forward to working with you in any way we can. 13 CHAIRMAN IDSAL: Thank you. Mr. Watson. 14 MR. WATSON: I'm Tom Watson from Nueces County 15 and this program has allowed the people of Nueces County to 16 have a future of quality of life as my chairman has stated to 17 you, but what he didn't state was it has been 35 or 40 years 18 since that part of the county has had this opportunity. And 19 we thank you if you vote in our favor, we thank you very much 20 for this opportunity and we hope that this program continues 21 in the future. 22 Thank you. 23 CHAIRMAN IDSAL: Thank you. Is it Mitzi Davis 24 from the City of Farmers Branch. 25 MS. DAVIS: Hi. I am Mitzi Davis from the City ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 43 1 of Farmers Branch, assistant to the Director. I would also 2 like to thank you for this wonderful program that you have. 3 We look forward to working with you in the future. We've 4 applied also and we're just very satisfied with the funding we 5 have for all the cities and all that you provide throughout 6 the State of Texas. 7 Thank you. 8 CHAIRMAN IDSAL: Thank you. Do we have any 9 comments from the Commission? Is there a motion for approval? 10 COMMISSIONER FITZSIMONS: So moved. 11 CHAIRMAN IDSAL: Second? 12 COMMISSIONER AVILA: Second. 13 CHAIRMAN IDSAL: We have a motion by 14 Commissioner Fitzsimons and a second by Commissioner Avila. 15 All in favor say aye. 16 ("Aye") 17 CHAIRMAN IDSAL: Any opposed? Hearing none 18 motion carries. 19 "Funding for projects listed in Exhibit A in the amount of 20 $5,750,962 is approved, as described for individual projects 21 in Exhibit B." 22 AGENDA ITEM NO. 10: ACTION - INDOOR RECREATION GRANTS 23 CHAIRMAN IDSAL: Next item is also an action 24 item, Indoor Recreation Grants. Mr. Hogsett. 25 MR. HOGSETT: Madame Chair, Members of the ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 44 1 Commission, I'm Tim Hogsett Recreation Grants Program in the 2 State Parks Division. This is proposed funding for indoor 3 recreation grants. We take applications once a year with the 4 application deadline of July 31st. By this deadline of July 5 31st we've received 22 applications requesting approximately 6 $13.5 million. We have a scoring system that we use to 7 evaluate these projects as well. The projects are scored and 8 rank ordered for you with that system in Exhibit A, and we 9 will be recommending funding for the top six applications in 10 the amount of $3,325,000 which is the amount of money we 11 currently have available for that program. The recommendation 12 for the record is funding for the projects listed in Exhibit A 13 in the amount of $3,325,000 is approved as described for 14 individual projects in Exhibit B. I'd be glad to answer any 15 questions you have. 16 CHAIRMAN IDSAL: Do we have any questions from 17 the Commission? We have no one signed up to speak on this so 18 do I have a motion. 19 COMMISSIONER ANGELO: I move approval. 20 CHAIRMAN IDSAL: Mr. Angelo moves. 21 Do I have a second? 22 COMMISSIONER FITZSIMONS: Second. 23 CHAIRMAN IDSAL: All in favor, please say aye. 24 Oh, are we short? We'll have to wait one second. We lack a 25 quorum. ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 45 1 COMMISSIONER AVILA: He said yes. 2 CHAIRMAN IDSAL: He said yes. Is that okay? 3 Does that count, Mr. McCarty? All in favor have said aye. No 4 opposed, hearing none, motion carries. 5 "Funding for projects listed in Exhibit A in the amount of 6 $3,325,000 is approved as described for individual projects 7 in Exhibit B." 8 AGENDA ITEM NO. 11: ACTION - TEXAS RECREATION AND PARKS 9 ACCOUNT ADOPTION OF RULES 10 CHAIRMAN IDSAL: Next is Item 11 is also an 11 action item. A small community grant project and regional 12 parks grants, again Mr. Hogsett. 13 MR. HOGSETT: This is something that I'm very 14 pleased to bring before you this morning. It's the initiation 15 of two new programs under our grant umbrella. We have over 16 the last couple of years conducted pilot grant programs for 17 small communities grants and for regional park grants. And 18 we're asking you today to consider making these permanent 19 programs, a permanent quiver in our group of arrows that we 20 can hopefully help continue to assist local governments. 21 You have the authority to adopt rules and to 22 take this action in Chapter 24 of the Parks and Wildlife Code. 23 And as I said, the proposal today is to take the two pilot 24 programs small communities, small grants and regional park 25 grants and make them into permanent programs by adopting rules ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 46 1 for Chapter 24 of the Code. 2 To ensure that we were doing what the public 3 wanted us to do, we held a series of six public hearings. 4 Actually there were 12 hearings. We did six hearings in the 5 morning at each location for small communities grants and then 6 a separate hearing in the afternoon at each of these locations 7 for the regional park grant program. A little background on 8 the small communities small projects program, pilot. The idea 9 was to make approximately $500,000 which is the equivalent of 10 one of our normal outdoor recreation grants available to small 11 communities. We heard consistently over the lasts few years 12 as we did other public hearings that one of the things that 13 was a problem for small communities is they felt that if they 14 were only applying for one item or only wanted a small amount 15 of money that they could not be competitive in the larger 16 program. So the idea behind the pilot was to set aside this 17 $500,000, request applications from local governments of a 18 population of 50,000 or less, make available then 50 percent 19 matching grants to those small communities not to exceed 20 $50,000. We hope that our application process was simple. We 21 did it as a pilot. We took applications, after a very short 22 period of time that they had to submit applications. We had 23 established a deadline of April the 15th of 2001. And within 24 just a couple of months before that people were able to put 25 together 64 applications requesting almost $2.3 million. That ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 47 1 was quite a surprise to us that there were that many 2 applications received in that short of a period of time. 3 We asked the Commission and you've approved 4 projects for 12 of those 64 in the amount of $541,660 that was 5 last August. Subsequent to that we did these public hearings. 6 The issues that we put forward in the public hearings were 7 population limit, one of the things that we heard fairly 8 consistently in these public hearings was that possibly a 9 population ceiling for applicants of 50,000 might be a bit too 10 high. In fact, you can see from the results of the pilot that 11 of the 64 applications that we received proposals from that 57 12 of those were from communities of 20,000 or less and in the 13 average population of those applicants was 9,000. 14 The other eligibility issue that was out there 15 was the eligibility of land acquisition to be used as match 16 for the program. In the initial pilot we did not allow land 17 acquisition. The thinking was that at a maximum grant of 18 $50,000 that possibly that would so dilute projects that it 19 really wouldn't make sense. Well, the public told us fairly 20 loud and clear that there were cases where potential donations 21 might occur of property and that if those could be allowed to 22 be used as local match, that it made sense to do that and that 23 that should be a thing that we should consider if we adopt 24 this as a permanent program. 25 The other administration issues related to ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 48 1 small communities was the application amount, cap of $50,000. 2 Almost all of the applicants requested the maximum in the 3 pilot. We wanted to ensure that the guidelines were easy to 4 understand. We asked about how often we should take 5 applications and the consensus seemed to be that we do it once 6 a year. So in adopting the pilot as a permanent program, the 7 proposed changes that we are making as a staff for you to 8 consider are reducing the population eligibility from 50,000 9 to 20,000. We would however ask that in the case of county 10 governments who are larger as a whole county than 20,000 where 11 there are unincorporated areas which are less than 20,000 12 within those counties, that that county be allowed to sponsor 13 an application under this program. An example might be one of 14 the Colonias in El Paso County. Obviously El Paso County is 15 much larger than 20,000. But those unincorporated areas truly 16 need services and the only opportunity they would have would 17 be through their county government. We ask that as we heard 18 from the public that we be allowed to use the value of donated 19 property as part of the sponsored match. And finally as an 20 incentive for really small communities, that we give a few 21 additional priority points in our scoring system for 22 communities of 2,000 or less. 23 Moving on to the regional park grant program. 24 Regional park grants were an outgrowth of a study that was 25 done by Texas A&M a couple years ago. It was a statewide ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 49 1 assessment of some of the recreation, outdoor recreation needs 2 in Texas. One of the things that that study found was that 3 there is a need in the urban areas of the state for either 4 projects related to conservation or intense recreational use. 5 And that those be done through partnerships between 6 governments. The bottom line is that it there are certain 7 kinds of facilities and certain types of conservation projects 8 that may not be able to be accomplished by one individual 9 sponsor. But by coming together, several sponsors would be 10 able to come forward with a program that would be able to be 11 done effectively. We've taken two pilot grant application 12 submissions and you have awarded two pilot awards. The first 13 one June of 2000 four projects in the amount of $3 million. 14 And then in April of 2001, $3.1 million for three projects. 15 The common theme among all these projects is that they are 16 very conservation oriented. With the exception of McAllen 17 project, all of them involve green belt and streamway corridor 18 preservation and McAllen is going to be a facility related to 19 the World Birding Center. 20 Again when we went to the public hearings we 21 asked about administrative issues related to the application 22 cap, whether there should be an amount of money that would be 23 the maximum you could apply for. We had heard fairly 24 consistently that, no, that we would like -- the public would 25 like to see this as an open-ended program. The amount, ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 50 1 application deadlines, whether the guidelines were easy to 2 understand, how often applications should be taken, and 3 whether web site accessibility was appropriate. 4 Boiling all of this down what we heard, what 5 was posted in the Texas Register, the fact that there were no 6 comments in the Texas Register related to this regional park 7 grant program, the recommendations are fairly simple. That we 8 in our scoring criteria that we used in the pilot program, 9 that we now give priority to projects which involve publicly 10 owned nonpark land which is going to be used as part of the 11 local match. And that we give priorities to projects that 12 have a significant natural resource conservation element. 13 The recommendation of the staff is that the 14 Texas Recreation and Parks Account Program Grants Manual as 15 amended at Exhibit A and the Texas Recreation Parks Account 16 Small Communities and Regional Park Grant Programs Project 17 Priorities Scoring Systems as found in Exhibit B are adopted 18 as rules for the Texas Recreation and Parks Account Program. 19 I would be glad to answer any questions you have. 20 CHAIRMAN IDSAL: Do we have any questions from 21 the Commission? We have one person signed up to speak. M.F. 22 Johnson. 23 MS. JOHNSON: My problem is I was supposed to 24 speak for 10. 25 CHAIRMAN IDSAL: It says here No. 11, but ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 51 1 please -- 2 MS. JOHNSON: I know. That's my fault. I'm 3 new to this. 4 CHAIRMAN IDSAL: Ms. Johnson, please come up. 5 MS. JOHNSON: Thank you so much. 6 CHAIRMAN IDSAL: While you're coming up, I want 7 to welcome M.F. and I see that her husband Bill Johnson is 8 here. It's been 35 years since I've seen you. I'll never 9 forget the day I arrived at Camp Longhorn as a very young, I 10 think eight-year old Wrensy and very homesick that was more 11 than 35 years ago, I hate to say. But Bill and M.F. Johnson 12 have been important to many many people's lives in Texas 13 and -- 14 MR. JOHNSON: I've been wearing this for 15 longer. 16 CHAIRMAN IDSAL: Oh, my goodness. Anyway, I 17 promise that my warm feelings towards you will not bias me in 18 any way about what you're here to represent, but welcome and 19 it's wonderful to see you looking so well -- both of you. 20 MS. JOHNSON: Thank you very, very much. 21 Commissioners I was 25, my husband and I were 25 and we caught 22 the vision. We were an unincorporated village of 400. We 23 added to that population since we were newly wed. However, I 24 want to tell you that I thought my tombstone would read she 25 died trying. But instead if this is favorably looked upon, ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 52 1 the passing of this for the Wimberley Community Center, we can 2 put something else on there. It will be "at a way to go." 3 CHAIRMAN IDSAL: At a way. 4 MS. JOHNSON: Which our Commission will 5 understand. The bottom line is that now Wimberley is 6 incorporated and now we have 9,000 families out of the post 7 office, according to the Chamber of Commerce. We've got to 8 keep those people off the streets. The ones that love to meet 9 and gather together, keep the idea of community. I hope all 10 of you know Wimberley. Do come to visit. Don't stay. Thank 11 you. 12 CHAIRMAN IDSAL: Thank you. Do we have any 13 further questions on Agenda Item No. 11? 14 COMMISSIONER FITZSIMONS: Do you have the 15 lodging grant it's in that set of Wimberley worked out. 16 CHAIRMAN IDSAL: I don't hear any comments from 17 the Commission. Do I have a motion? 18 COMMISSIONER ANGELO: So moved. 19 CHAIRMAN IDSAL: Second? 20 COMMISSIONER MONTGOMERY: Second. 21 CHAIRMAN IDSAL: I have a motion by 22 Commissioner Angelo, a second by Commissioner Montgomery. All 23 in favor say aye. 24 ("Aye") 25 CHAIRMAN IDSAL: Any opposed? Hearing none, ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 53 1 motion carries. 2 "It is established as a rule for the Texas Recreation and 3 Parks Account Program that the Texas Recreation and Parks 4 Account Grants Manual as amended, as contained in Exhibit A, 5 is adopted for administration of the Texas Recreation and 6 Parks Account recreation grants program, as described in 7 Chapter 24 of the Parks and Wildlife Code." 8 "It is established as a rule for the Texas Recreation and 9 Parks Account Program that the Texas Recreation and Parks 10 Account Small Communities and Regional Park Grant Programs 11 Project Priority Scoring Systems, as contained in Exhibit B, 12 are adopted for evaluating and prioritizing grant 13 applications requesting grant assistance, as described in the 14 Texas Recreation and Parks Account Grants Manual." 15 MR. HOGSETT: Thank you. 16 AGENDA ITEM NO. 12: ACTION - LAND ACQUISITION - UVALDE 17 COUNTY (GARNER STATE PARK) 18 CHAIRMAN IDSAL: Next item is a land 19 acquisition in Uvalde County. Karen Leslie will present. 20 MS. LESLIE: Good morning. I'm Karen Leslie, 21 project planner in Land Conservation. Madame Chairman and 22 Commissioners, this item was discussed in executive session 23 yesterday. The item summarizes the discussion regarding 24 Garner State Park. The property contains 127 acres and 25 protects the park's river frontage. Staff recommends the ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 54 1 Commission consider the motion to acquire the property as an 2 addition to the park. Any questions? 3 CHAIRMAN IDSAL: Do we have any questions from 4 the Commission? We have no one -- is this an action item or 5 is this just -- 6 MS. LESLIE: It's an action item. 7 CHAIRMAN IDSAL: It's an action item. 8 COMMISSIONER MONTGOMERY: We have to move 9 approval. 10 CHAIRMAN IDSAL: Can we move approval? 11 COMMISSIONER MONTGOMERY: Yes. 12 CHAIRMAN IDSAL: We need a second. 13 COMMISSIONER RAMOS: Second. 14 CHAIRMAN IDSAL: Okay. We have a motion from 15 Mr. Montgomery and a second from Commissioner Ramos. All in 16 favor. 17 ("Aye") 18 CHAIRMAN IDSAL: Opposed? 19 MS. LESLIE: Thank you. 20 "The Executive Director is authorized to take all steps 21 necessary to consummate the acquisition of approximately 127 22 acres in Uvalde County as an addition to Garner State Park." 23 AGENDA ITEM NO. 13: ACTION - LAND ACQUISITION - BREWSTER 24 COUNTY (BLACK GAP WMA) 25 CHAIRMAN IDSAL: Our next item is also land ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 55 1 acquisition in Brewster County. Jack Bauer presents. 2 MR. BAUER: Madam Chairman and Commissioners, 3 my name is Jack Bauer, Director of the Land Conservation 4 program. This item represents a land acquisition 5 recommendation at the Black Gap Wildlife Management Area in 6 Brewster County. As you are aware, since 1997 we've had an 7 active program of the purchase of inholdings and habitat in 8 support of the dessert bighorn sheep restoration program. And 9 this time staff recommends the Commission consider the motion 10 before you to acquire three tracts totaling 1,340 acres as 11 habitat additions at Black Gap. I would be happy to answer 12 any questions. 13 CHAIRMAN IDSAL: Are there any questions from 14 the Commission? 15 COMMISSIONER FITZSIMONS: These are all 16 inholdings, correct? 17 MR. BAUER: That's correct. 18 COMMISSIONER FITZSIMONS: Within the boundary 19 of the Wildlife Management Area. 20 MR. BAUER: Yes, sir. 21 COMMISSIONER MONTGOMERY: Move approval. 22 CHAIRMAN IDSAL: Second? 23 COMMISSIONER RAMOS: Second. 24 CHAIRMAN IDSAL: All in favor? 25 ("Aye") ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 56 1 CHAIRMAN IDSAL: Opposed? The motion carries. 2 Thank you, Jack. 3 "The Executive Director is authorized to take all necessary 4 steps to acquire approximately 1,340 acres in three tracts 5 from willing sellers in Brewster County as habitat additions 6 to the Black Gap Wildlife Management Area." 7 CHAIRMAN IDSAL: Do we have any other business 8 to come before the Commission today? 9 MR. COOK: No, ma'am. 10 CHAIRMAN IDSAL: Mr. Cook, is if there is no 11 other business today, we declare ourselves adjourned. 12 MR. COOK: Thank you. 13 CHAIRMAN IDSAL: Thank you all very much. 14 15 16 17 18 19 20 21 22 23 24 25 ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 57 1 THE STATE OF TEXAS ) 2 COUNTY OF TRAVIS ) 3 I, KIM SEIBERT, a Certified Court Reporter in and for 4 the State of Texas, do hereby certify that the above and 5 foregoing pages constitute a full, true, and correct 6 transcript of the minutes of the Texas Parks and Wildlife 7 Commission on January 17, 2002, in the Commission hearing 8 room of the Texas Parks and Wildlife Headquarters Complex, 9 Austin, Travis County, Texas. 10 I FURTHER CERTIFY that a stenographic record was made by 11 me at the time of the public meeting and said stenographic 12 notes were thereafter reduced to computerized transcription 13 under my supervision and control. 14 WITNESS MY HAND this ____ day of ____________________, 15 2002. 16 17 18 ___________________________ KIM SEIBERT, Texas CSR 4589 19 Expiration Date: 12/2002 3101 Bee Caves Road 20 Suite 220, Centre II Austin, Texas 78701 21 (512) 328-5557 22 23 24 25 ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 . 58 1 2 3 4 ___________________________ KATHARINE ARMSTRONG IDSAL, CHAIRMAN 5 6 ___________________________ DONATO D. RAMOS 7 8 ___________________________ PHILIP MONTGOMERY, III 9 10 ___________________________ JOSEPH FITZSIMONS 11 12 ___________________________ ERNEST ANGELO, JR. 13 14 ___________________________ JOHN AVILA, JR. 15 16 ___________________________ ALVIN L. HENRY, Absent 17 18 ___________________________ MARK E. WATSON, JR., Absent 19 20 21 22 23 24 25 ESQUIRE DEPOSITION SERVICES 3101 Bee Caves Road, Suite 220, Centre II Austin, Texas 78746 (512) 328-5557 FAX: (512) 328-8139 .