(Texas Parks and Wildlife Commission
Public Hearing
January 17, 2002
Commission Hearing RoomTexas 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
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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
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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
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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.
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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
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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
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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,
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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.
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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
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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
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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
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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.)
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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
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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.
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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.
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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.
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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.
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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,
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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.
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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
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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
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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
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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
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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
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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
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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
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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?
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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,
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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
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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,
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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,
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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
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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
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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")
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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.
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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
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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
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