Minutes
Oregon Parks and Recreation Commission Meeting
September 22, 2005
Wallowa Mountains Visitor Center
88401 Hwy 82—Enterprise

Commissioners Present: John Blackwell, Chair; Bill Gregory; Sharon Rudi; Sue Musser; Jim Brown
Commissioner Absent: Nik Blosser
Staff Present: Tim Wood, Director; Kyleen Stone, Assistant Director, Administration; Dave Wright, Assistant Director, Operations; James Hamrick, Assistant Director, Heritage Conservation; Chris Havel, Communications Coordinator; Cliff Houck, Manager, Resource Management and Planning; Kathy Schutt, Planning Manager; Rick Taylor, OPRD Area 6 Manager; Steve Shipsey, Assistant Attorney General; Jo Bell, Commission Assistant
Visitors Present: Shelly Eaton, Director of Administration, Curry County; Ralph Brown, Commissioner, Curry County; Randall Parmelee, Class I Representative, All-Terrain Vehicle Account Allocation Committee (ATV-AAC); Dan DeBoie, Commissioner, Wallowa County; Russ McMartin, Wallowa County Public Works; Jean Pekarek, Citizen and Enterprise resident; Geoff Whiting, Nez Perce Tribe; Brad Kent, Citizen and Bend resident; Roberta Conner, Confederated Tribes of the Umatilla Indian Reservation, and Director, Tamastslikt Center;  Leah Conner, Confederated Tribes of the Umatilla Indian Reservation; Cecelia Bearchum; Tim Nitz, National Park Service; Joseph McCormack, Nez Perce Tribe of Idaho; Rich Wandschneider, President, Nez Perce Interpretive Center, Inc; Andrew Wilkins, writer, Wallowa County Chieftain; James Monteith, Wallowa Land Trust; John Edmundson, Trustee, Oregon State Parks Trust  

The meeting began at 8:30 AM

1. Approval of Agenda 
Chair John Blackwell requested approval of two additions to the agenda: Item 3a, election of a Vice-Chairman for the Oregon Parks and Recreation Commission to fill the vacancy created by the resignation of Commissioner David Kottkamp; and Item 17a, an action item authorizing OPRD Director Tim Wood to approve contracts as needed in preparation of the 2006 Oregon State Fair. 
Jim Brown moved to approve the revised agenda; Sue Musser seconded. The motion passed unanimously.

2. Public Comment 
Jean Pekarek, Enterprise resident, spoke about Wallowa Lake State Park in the context of the Wallowa Lake Basin. Ms. Pekarek explained that several years ago Wallowa County had undertaken the “delicate task” of balancing development and preservation of the Wallowa Lake Basin, and had implemented a plan for the area. Ballot Measure 37, she said, has “effectively pulled the rug out from under that planning effort” and “stripped away the tools we had in place to direct development.” Two Measure 37 claims have already been filed (one for the Marr Ranch property, and one for a 10-acre piece of land on the west shore of Wallowa Lake close to Wallowa Lake State Park which is the site of a proposed subdivision) said Pekarek, and she said she is aware of two more claims that are “in the works.” Pekarek said, “Locally we are most nervous about the potential of a claim for the east moraine.” Pekarek explained that the east moraine is predominantly owned by one entity. Under pre-Measure 37 planning guidelines development of the east moraine was limited to timbered areas at the base of the mountain and areas away from Wallowa Lake, “on the backside of the mountain.” Pekarek noted that a Measure 37 waiver for this property would allow a minimum of 25 homes to be built anywhere on the property and that the “wide open natural space,” and the vista that visitors to Wallowa Lake State Park currently enjoy, would be lost. Pekarek told the Commission that she is warning visitors to “take your pictures now,” before the view is gone. Pekarek concluded by asking the Commission, “Use whatever resources you have—financial resources, or otherwise—to help preserve this current State Park experience that is available to people. I think we need some attention drawn to this. That area is a treasure—and the State of Oregon is about to lose it.”  

Joseph (Joe) McCormack, spoke on behalf of Nez Perce Tribe members who were attending the Nez Perce General Tribal Council meeting in Idaho. McCormack said the Nez Perce wanted to inform the Commission of their feelings and views on the Wallowa Lake Basin, particularly the cemetery and the Marr Ranch property. McCormack said tribal members are concerned about the site’s protection, “it being a very sensitive, cultural site in the history of the Nez Perce, and also today.” McCormack continued, “We feel that we need help in this and we approach this Board to help collaborate in the securing of this area for the future of the tribal people and also for the citizens of Oregon. It’s very imperative that our people continue to be able to come here and celebrate this area knowing that our ancestors had always done so. This has been an important campsite for twelve thousand years, on both sides of the river at the foot of the lake. Many of you were able to view some of the photos that I had last night and the amount of people attending the Joseph memorial, when that was attended by non-Indian people as well as Indian people celebrating that monument in 1926. We would like very much to keep that open space preserved, not only in commemoration of Old Joseph, but of the many, many, many great men and women who were before him and who are here today among us. We are not a people that has vanished. We continue to revere this lake. It’s known from the Cascades to the Bitterroots as a special place for the Nez Perce people. And with that, I do encourage you to please work with the tribe in collaboration in keeping this area secure. I hope my message to you is in conjunction with all the four thousand enrolled Nez Perce people throughout America today.”

Roberta (Bobbie) Conner, former Oregon Parks and Recreation Commission member, greeted the Commission, “Welcome to our country. You are in Indian country, no matter who owns it now,” adding, “I am here as a descendant of the Joseph Band.” Conner also spoke on behalf of the Confederated Tribes of the Umatilla Indian Reservation, and as Director of the Tamastslikt Cultural Institute. Conner told the Commission, “I need to point out some important considerations for you as a Commission with jurisdiction and responsibility for the Oregon Parks and Recreation Department, which has jurisdiction over the State Historic Preservation Officer and his determinations and recommendations to the Department.” Conner continued, “I find it ironic that you’re in our country, from which we were dispossessed—for anyone else to possess it now required dispossession from us—and you’re asking us to prove what we know to be true. That’s not only painful, it’s a little bit strange sometimes. In addition, the construct in which we’re asked to prove that it’s true—whatever we say—is European in its formative thinking. Our people didn’t build fortresses to prove their ownership; our people didn’t build castles to stake their claim. It is strange that a people whose history is no-impact and low-impact camping are now being required to dig holes to prove that we know that there is something there. Again, we’re not talking about the rules that exist, because you only have the responsibility for making sure that they’re carried out. But I would like to challenge one of the rules and that is the notion that we must prove that it’s an archaeological site. The legislation and the regulations that are promulgated by the Department could be adjusted to more modern thinking that is common in other archaeological and cultural policy, which is to modify the regulation so that it does not use the word ‘site,’ but instead ‘landscape or ‘area.’ We consider this cultural landscape at the foot of the lake, as Joe McCormack has already said, to be very significant and the three tribes have already said that to the Department, and the Department is agreeing to disagree with us internally because what we have said requires the burden of proof be carried by the tribes.” Conner told the Commission that her family had cared for the site next to the Marr Ranch property—the site that is now the Old Chief Joseph gravesite and cemetery—since long before the site was declared a National Monument. Conner added that she has in her possession correspondence from the superintendent of the Umatilla agency responsible for spearheading the effort to have the site officially declared a cemetery (for modern purposes) which states that the designation was substantiated by the Indians’ traditional practice throughout the ages of using the area as a cemetery. “It was an ancient cemetery,” said Conner, ”and it was the practice of our people to bury their dead nearby.” Conner added, “It also indicates that this was the site of a large encampment.” Conner pointed out that there exist only two large, practicable areas where camping could have taken place, and the present site of the Marr Ranch property—at the foot of the lake—is one of them. Conner concluded by saying, “I hope that the Department and the Commission will consider changing the regulations and will consider your position again very seriously, in challenging the tribes’ right to say what is culturally significant.”    
Chair John Blackwell thanked Ms. Conner for her comments and, asking her to remain before the group, informed the audience that Conner had just served two terms on the Oregon Parks and Recreation Commission.  Blackwell said, “Once again, I’m struck with her passion for the causes and the issues, her strong natural resource ethic, and her articulate ability to understand government and talk about government, and about how things work,” adding, “Bobbie, we miss you here.” Blackwell then introduced Oregonian columnist Jonathan Nicholas, who paid tribute to Conner. 

Jonathan Nicholas told the group, “Through the years many towering figures have served this Commission—your Commission. Some, it might be said, thought they brought to that task a regal bearing. Bobbie, we might bear in mind, is indeed of royal blood. Bobbie was still young when her talent and her potential were recognized. She was mentored into leaving her home, her family, her tribe, and off she went to a rising star career with the Federal government in California, in Colorado and in Washington, DC. And then Bobbie took a different path: she came home, and she found her voice. Bobbie is Cayuse, Umatilla and Nez Perce, and she quickly emerged as a leading figure—eloquent, passionate—representing Native peoples throughout this Snake and Columbia country. The Tamastslikt Institute she leads offers Oregonians, and indeed visitors from all around the world, an introduction at once poignant, poetic and forward looking to the Native experience here in the Columbia Basin. In recent years, from her position as secretary on the National Council of the Lewis & Clark Bicentennial, Bobbie emerged to offer something all but lost to history: the Native peoples’ perspective on the legacy of Lewis and Clark. Bobbie speaks, yes, in sorrow at so much that has been lost, but Bobbie seeks neither recrimination nor reparation, rather Bobbie asks us to do what her people, what Oregon’s people, so long have done: recognize the special, the unique, the naked qualities of this place, of our place—the place that we now share. Bobbie understood that the Park Commission has a special charge, to husband the crown jewels of Oregon. Here, today, amid all the glory that is her homeland, we might pause to honor her service and remember her charge. 
Oregon Parks and Recreation Department Director Tim Wood thanked Conner for her service on the Commission, adding, “I see you as a friend.” In the tradition of retiring Commissioners, Conner was presented with a handmade rocking chair.  

Leah Conner, member of the Confederated Tribes of the Umatilla Indian Reservation, and mother of Bobbie Conner, came forward to speak. Conner spoke with emotion about the changes to the area around Wallowa Lake, noting, “It seems to me the park’s getting smaller all the time; the whole area is getting smaller, with the development around the lake. And the skyline…it’s got houses up there, way up on top. But we used to come here and camp beside the lake, and it was always fun. At the foot of the lake is where the swimmers—the Indian swimmers—would always go, the Cayuse children and the Nez Perce children. We had a celebration here prior to Chief Joseph Days. People would gather here and spend the first couple weeks in July.” Conner noted that visitors to the Nez Perce Trail Interpretive Center in Wallowa today are helped to understand how native peoples of the three tribes (Nez Perce, Cayuse, and Umatilla) were loaded onto cattle trains and transported away from their homeland, into other states, and were eventually returned and dispersed to reservations. The gatherings in July, explained Conner, became an annual reunion for the people displaced from their homes, and were the one time that many of the tribe members felt they could come home, although some would also come year round to fish at Wallowa Lake, Imnaha, and Minam. “What I’m trying to said,” said Conner, as she began to sob, “is because of the way it’s lived now, our people can’t spend lots of time here.” Conner said state park lands provide an opportunity for her people to come back and enjoy the lake. “I’d like to see more property left as it is,” said Conner. “I don’t know what our children would think if they couldn’t go there.”

Cecelia Bearchum, retired from the National Park Service, now works as a tribal language teacher, teaching the Walla Walla language. Bearchum told the Commission, “I feel very strongly about what Leah (Conner) said, because when you have lived a long time, you see the change. We always hear the word “progress”—it can be good at some times, and it can be bad at others.” Bearchum continued, “Every time there is something like this about cemeteries, it’s sad. As a country, we put up statues, we memorialize people that die. But what about the people that were here, that had a hard time? Why don’t we give them the same respect, and leave their bodies alone? According to our way of thinking, we go back to the land from where we came, and if we’re not good to the land, Earth—Land—will not be good to us. Why do you think we’re having all these terrible things happening to us?  So, whatever problems we’re having here about the cemetery, I think we should think twice before we make up our minds about it. I think we should honor the ones that made it possible for all of us to be here.” 

Tim Nitz of the National Park Service (NPS) thanked the Commission, State Parks Director Tim Wood, and Wallowa Lake State Park Manager Chris Parkins and Team Leader Wes Jones for the “wonderful partnership” between the Department and NPS that had possibly gone unrecognized. Nitz explained that jointly OPRD and NPS had trained two interpretive volunteers who over this past summer had served hundreds of thousands of visitors who were “hungry” for information about the Old Chief Joseph gravesite and the story of the Nez Perce. “They come for the lake and the story,” said Nit, adding , “I hope that we’re able to continue this in future years, and expand upon it.” Nitz continued by sharing some of the Nez Perce story with the Commission and audience, noting that the Nez Perce welcomed Lewis and Clark, caring for the destitute corps, but asking nothing in return. “Those who for so long asked for nothing,” concluded Nitz, “now are asking for something. Protection for their place, their story.” Nitz encouraged the Commission to consider the intent of Oregon’s statutes and “consider what we really meant.” He concluded by saying, “Do what you can within your full limits of authority and ability—and persuasion—to make sure that we as Oregonians do the right thing in this case.”

Rich Wandchneider, President, Nez Perce Trail Interpretive Center, Inc., spoke to the Commission about the history of Indian and White relations, a story mixed with both moments of cooperation and irony, with regard to Lake Wallowa and the gravesites. In his telling of the story of events leading up to the reburial of Old Chief Joseph next to Wallowa Lake, Wandschneider noted that he personally researched and found in Joseph City Hall the original deed by Max Wilson, friend to the Nez Perce, which held in trust for the Indians the five-acre site of what is now the Old Chief Joseph gravesite and cemetery.  Wandschneider reminded the Commission that in the late 60s the Legislature, Executive Branch, and state agencies worked together to assure  public access to our beaches for all Oregonians. Wandschneider added, “Wallowa County is a jewel, and that lake is a jewel, and those moraines are jewels, and they are sorely in need of protection. Anything you can do to bring attention to this would be greatly appreciated.”
 
James Monteith, President of the Wallowa Land Trust, whose mission it is “to protect the rural nature of the valley,” commented on the eloquence of the speakers before him, saying, “I think the case is pretty clear and obviously you understand the special significance of this place.” Monteith told the Commission, “This County is at a crossroads. When you come back here in two years it won’t look the same, unless we do some things now that have to happen. The State Park is an integral part of that, of course, and the integrity of the State Park is partly what we’re concerned about. Today you are going to deal with an easement issue (agenda item 6d) that has a lot of land owners along the lake quite concerned about traffic on the west side of the lake. There is a great worry that this is an incremental step toward a through road around the west moraine. We don’t oppose an easement; we understand the need for a safety valve along the lake, but this has the feel of the beginning of more and more traffic. There are properties for sale along the lake close to the State Park; some of them have already been bought. We’re very worried that if the Commission allows this to go another year without taking some action, and providing some direction—especially in terms of acquisition—we will find ourselves wishing we had done things for a place that we have all taken for granted. If there’s anything you can do in terms of helping us with land acquisition, if there was ever a time to spend some of these lottery dollars on acquisition, this would be that time.” 

John Edmundson, Oregon State Parks Trust (OSPT) Trustee, briefed the Commission on recent and continuing OSPT activities. The Kam Wah Chung & Co. Museum restoration, Willamette River Water Trail fundraising, and upgrade of Champoeg State Heritage Area in preparation for Oregon’s Sesquicentennial, top the list of OSPT priority projects. Edmundson told the Commission, “It takes money to make money,” adding, “We do have to attend rather vigorously to raising unrestricted funds to keep our activity going.”
Chair John Blackwell told Edmundson that the Department’s counsel, Assistant Attorney General Steve Shipsey, was dedicating some time to exploring options for the Department to “ empower the Trust to be effective.”    

3. Approval of Minutes from the August 4, 2005 Commission Meeting
Bill Gregory moved to approve the minutes of the August 4, 2005 Commission meeting; Sue Musser seconded. The motion passed unanimously.

3a. Election of Oregon Parks and Recreation Commission (OPRC) Vice-Chair
Chair John Blackwell noted that the position of Vice Chair for the Oregon Parks and Recreation Commission was vacant following the resignation of Commissioner David Kottkamp in August 2005, and asked the Commissioners for their recommendation.  
Jim Brown moved to nominate Bill Gregory for the position of OPRC Vice Chair; Sharon Rudi seconded. The motion passed unanimously.

4. Director’s Update (Tim Wood)
Director Tim Wood highlighted recent State Parks activities and park-related news:
•	US Interior Secretary Gale Norton approved National Historic Landmark designation for Kam Wah Chung & Co. Museum in John Day. National Park Service Director Fran Mainella will make the announcement during the 2005 National Preservation Conference next week in Portland. Wood noted that the designation brings additional status to this successful, priority project of the Oregon State Parks Trust (OSPT). 
•	Another of the OSPT priority projects, the Willamette Water Trail, is one of two significant items in the Governor’s Willamette Legacy which are directly associated with the Department. Wood told the Commission the Governor’s goal is to complete the trail from Eugene to Portland, adding that the Water Trail project brings together “a host of partners, and a lot of interest.” The center section of the water trail, from Buena Vista to Wheatland Ferry, is already complete and was dedicated in June 2005. The Department is already involved in planning for the southern trail section, from Eugene to Buena Vista. The third and final section will be from Wheatland Ferry to Portland. 
•	Wood reported that the Fort to Sea Trail is now 85 percent complete; and will be completed by November 14, when it will be dedicated during the Lewis & Clark Bicentennial observance, “Destination: The Pacific,” November 11-15. The trail was recognized by the Conservation Fund for one of its National Greenway awards as a public/private partnership for the construction of a significant public trail. Commissioners are invited to attend the observance and dedication. 
•	The Department received recognition during the Oregon Recreation and Park Association annual meeting (the week of September 12, 2005). The agency received one of five design awards for the Cove Palisades petroglyph project. Russ Richards, OPRD Planner, designed the project.
No Commission action was requested. 

5. Approval of Delegated Authority Reports
a) Contracts (Kyleen Stone)
Staff requested Commission approval of the Delegated Authority Report for Contracts, which summarizes all contracts signed by the Director since the August 4, 2005 Commission meeting. The contract instruments (each not to exceed $150,000) included five Personal Service Contracts; nine Architectural and Engineering Contracts; seven Work Orders Under the Agreements to Agree for Architectural and Engineering Services; one Service Contract; eight Public Improvement Contracts; fourteen Interagency agreements; and six Intergovernmental Agreements. 
Commissioner Jim Brown questioned the necessity of a Personal Service Contract for a “partnering session with OPRD and contractor” for L.L. Stub Stewart State Park. Tim Wood fielded the question, replying that the contract and partnering session are for the purpose of creating a procedure, up front, for resolving issues before they require contract “change orders”during the completion of the $8 million contract for the construction of the new park. Wood noted that this is a common practice in the construction industry, and staff anticipates that hiring a facilitator, rather than completing the partnering session in-house, will prove to be cost effective.  
Jim Brown moved to approve the report; Sue Musser seconded. The motion passed unanimously.

b) Natural Resources (Cliff Houck)
Staff requested Commission approval of the Delegated Authority Report for Natural Resources, which summarizes all Scenic Waterways Notifications and Ocean Shore Alteration Permits approved by the Director since the August 4, 2005 Commission  meeting. These actions included two requests to construct additions to existing dwellings (Permit #2A-158-05, Middle Deschutes River; and Permit #7-686-05, Rogue River); one request to construct a new dwelling with an attached garage (Permit #7-684-05, Rogue River); one request to replace a manufactured home with a stick-built dwelling (Permit #2B-138-05, Upper Deschutes River); two requests to harvest timber (Permit #16-69-05, 40 acres, Nestucca; and Permit #17-55-05, six acres, North Umpqua); one request to thin for stand improvement and fire hazard reduction (Permit #19-15-05, Grand Ronde); one request to conduct a partial timber harvest (Permit #3-360-05, Clackamas River); one request to place a modular log home (Permit #7-685-05, Rogue River); one request to place a small cabin and screened entry road (Permit #4A-8-05, North Fork John Day); and four requests to construct single-family dwellings (Permit #2A-160-05, Middle Deschutes River; Permit #2B-139-05, Upper Deschutes River; Permit #3-358-05, Clackamas River; Permit #3-359-05, Clackamas River). 

The Department denied a request to construct a riprap revetment in South Yachats (Permit #BA-598-05, David and Karen Wellman), and approved a request from the Oregon Parks and Recreation Department for the construction of a beach trail, boardwalk, and viewing platform at Sunset Beach State Recreation Area (Permit #A-599-05). 
Sue Musser moved to approve the report; Jim Brown seconded. The motion passed unanimously.

6. Real Estate (Cliff Houck)
a) Floras Lake Land Exchange 
Staff requested authority to enter into an Inter-Governmental Agreement (IGA) with Curry County and to complete an exchange of properties, with no exchange of money.  The Department would transfer to Curry County a triangular shaped parcel containing 35+ acres adjacent to the Cape Blanco Airport, and a roadway and utility easement running across an adjacent parcel.  In return, Curry County would transfer to the Department a triangular shaped parcel to the North fronting on the ocean shore containing 69+ acres. 
During discussion Ralph Brown, Curry County Commissioner, told the Oregon Parks and Recreation Commission that during the Biscuit Complex Fire of 2002 Curry County was described in the press as being “not good stewards” of the 500 land-locked acres for which they hope to gain access in the proposed land exchange. Brown added that “behind the scenes” the County had concern about a potential evacuation from the area. Brown described the inaccessible land as “a thicket,” and told the Commission he has since learned that the property has burned before. “The bottom line,” Brown said, “is that we want to be better stewards of that land. We did not first consider OPRD for access; we considered other properties. The current proposal and position of the access road seems workable.” 

Shelly Eaton, Director of Administration for Curry County, told the Commission that local residents are very supportive of the County’s efforts to obtain access. She noted that the property “has not been touched in 30 yeas,” and pointed out that the only existing access leads into a large wetland area  which would require one-quarter mile of bridge. 

In response to Jim Brown who asked if there was any opposition to the proposed land exchange, Ralph Brown acknowledged, “There is a rumor going around that we are planning to, through eminent domain, condemn [Oregon Parks and Recreation Commissioner] Sue Musser’s ranch and then later sell it to Donald Trump.”

Cliff Houck, OPRD Resource Management and Planning Manager, added, “There are some concerns that we are creating additional beach access. Those people prefer that it remain more primitive and hard to access.”
 
Jim Brown continued his questioning: “What is your process? Does this go before your Commission as an action item?” Brown replied, “Yes, we received unanimous approval of the three Commissioners to pursue this.” Brown then explained that Curry County holds “informal workshops” to discuss topics of interest, and said, “That’s where this was discussed.” 

Bill Gregory asked, ”Was there a public announcement? We have received several letters of opposition saying there was no announcement of the matter.” Eaton answered, “We do formal announcements; we send their entire agenda out to a multitude of media sources as well as to local residents who request those agendas.” 

In response to questioning by Sharon Rudi, Eaton clarified, “A direct letter to local residents was not required in this instance. We already own [this property], and we are not proposing any activity. We are in compliance.”

Ralph Brown added, “We are not trying to change zoning or land use; we only want to gain access.” 
	
John Blackwell asked Cliff Houck to review what the Department would gain in the trade. Houck told the Commission the Department would receive 69 acres of ocean front property that lies within Snowy Plover habitat. 

Cliff Houck noted for the Commission that staff recommends granting approval to enter into the Interagency Agreement with Curry County. 

Sue Musser announced that she would abstain from commenting and voting on the issue and action item. “Because I own property at both ends of the map areas,” said Musser, “I should listen and not be a part of this.” 
Sharon Rudi moved to approve the land exchange; Jim Brown seconded. Commissioners Blackwell, Gregory, Rudi and Brown voted in favor of the motion; Commissioner Musser abstained. 

b) Pilot Butte State Park Easement 
Staff recommended granting a permanent easement to the McClean Development Company of Bend for a retention pond for water runoff for the amount of $16,443. The area of the easement contains 3,411 square ft or .0783 acres.  In exchange for the value of the easement, the property owner has offered to clear and grub approximately one acre of OPRD property, rid it of noxious weeds, remove all scrap metal, wood, and other debris.  They also propose to repair uneven and dangerous topography caused by previous excavations.  Included in their estimate/proposal is replanting, follow-up mulch spray for erosion control, temporary irrigation system for new planting, spraying for weed control, and planting of native vegetation.   
During discussion Cliff Houck, OPRD Resource Management and Planning Manger told the Commission there have been repeated contacts from the Bend Fire Department about this area and its potential fire hazard. 
Jim Brown moved to approve the easement; Bill Gregory seconded. The motion passed unanimously.

c) Lost Creek Acquisition 
Staff recommended purchase of Lost Creek, or Cougar Valley Ranch, for the amount of $1,700,000. Lost Creek contains 315+ acres and is bordered by the Nehalem River (West side).  Lost Creek, which is a year around salmon bearing stream flowing into the Nehalem River at the property’s boundary, traverses the full length of the property. The property can be accessed from the South and North off of Hwy 101, and from Hwy 26. The proposed purchase fits well within the Department’s draft Acquisition Plan in answering those needs identified within North Coast for more camping capacity, and was identified as a need in the acquisition priority list.  The property also has some cultural value in Lost Creek, which was the old military road providing access out of the coastal area in case of emergency.  Additionally, the property has a colorful history as a homestead, hence the name “Cougar Valley Ranch.” The property was appraised at $1,466,920—this included real estate appraisal and cruise of the merchantable timber and reprod.  Review of current logging costs from the Stub Stewart sale indicate the cruise estimation of logging costs are $105,000 over the bid cost.  In addition, a 20.5-acre riparian buffer was not valued with the cruises.  Contact with the Oregon Department of Forestry confirmed that a conversion of Alder to conifer is permitted with an approved plan.  By using the cruise volumes per acre of the 20.5 riparian buffer, an estimated value of $220,618 is given to the conversion plan.  Given the higher logging cost and value of the alder in the riparian zone that could be harvested, the appraisal could easily be adjusted to $1.7 million or above.
During discussion John Blackwell said, “This is a magnificent site; I hope we can make this into a park. My only concern is that we are rationalizing a price.” Blackwell asked Director Tim Wood, “Shouldn’t we obtain another appraisal?” David Wright, Assistant Director—Operations, replied that staff chose not to obtain a second appraisal because the owner indicated other shoppers were interested in the property. 
Bill Gregory moved to approve the purchase; Sharon Rudi seconded. The motion passed unanimously.

d) Wallowa Lake State Park Easement 
Staff recommended entering into a reciprocal easement arrangement with Brad Kent, the owner of property adjoining Wallowa Lake State Park, which would enable the development of an emergency access road and public trail access to Lake Shore Drive for the Department and Wallowa County. In the arrangement, the Department would receive an easement and public trail rights over Mr. Kent’s property.  Mr. Kent would receive an easement from OPRD over a small portion of undeveloped land to access his building site. Currently the only access is on Highway 3.  The emergency access road would have locked gates at both ends.  There would be no through vehicular traffic over the easement access road or through the park, other than emergency access.
During discussion Dan DeBoie, Wallowa County Commissioner, explained the importance of creating emergency access. “Fires on either side could prevent evacuation of either campers or residents of 350 dwellings. We see access as very necessary for emergency management.  There are fuel buildup issues in the area. Given the right circumstances, there could be a catastrophic event.”

In response to questioning  by John Blackwell, Russ McMartin, Director of  Public Works 
for Wallowa County, said “We are supporting emergency access. We would have to talk with the local residents about trail access.” 

Jim Brown pursued the question of the public trail, asking Houck, “You would not exercise the right to build a trail without going through the County?”  Houck replied, “Yes.”
Bill Gregory moved to approve the reciprocal easement; Sharon Rudi seconded. Before Chair Blackwell called for the question, Jim Brown stated, “I want assurances on record that the bike trail component is in abatement until the agency goes through a public involvement process with the County. Following confirmation that his request was heard, and “understood,” the motion passed unanimously.

e) Fort Yamhill State Park—BPA agreement 
Staff requested authority to enter into an Inter-Governmental Agreement (IGA) with the Bonneville Power Administration (BPA) for the relocation of a portion of a 115 KV power line crossing  Fort Yamhill State Heritage Area.  The overhead line crosses the historical parade grounds and is a major intrusion on the cultural landscape setting. The agreement will also include the exchange of easements between OPRD and BPA. The exchange of easement is proposed at no cost to either agency. 
During discussion Jim Brown asked staff if BPA had adjusted its costs, or offered the work as a donation, given that the project is for a State Park. Cliff Houck told the Commission that BPA is trying to schedule its own crews to complete the work, which will result in lower costs to the Department. Houck noted that this proposal is based on contractor prices. 
Jim Brown moved to approve the agreement; Sue Musser seconded. The motion passed unanimously.

f) Golden Property 
Cliff Houck, OPRD Resource Management and Planning Manager, informed the Commission that staff are currently completing a building evaluation and appraisal of the town site of Golden, in anticipation of presenting this purchase to the Commission for approval at a future meeting. The town site of Golden is located 3.3 miles from the Wolf Creek Inn State Heritage Site.  The 5.34 acre site is the remains of “Golden,” a mining town from the 1850s which at one time was home to over 100.  The “Golden property” is owned by Golden Coyote Wetlands, Inc., a nonprofit group.  The town of Golden is on the National Register of Historic Properties and is historically significant.  It is one of the few ghost towns with standing structures, and may serve for interpretation and education.  Included on the site is the Ruble House, Golden Church, and the Bennett Post Office and Store. Houck told the Commission that the Department should anticipate cost to stabilize the existing structures. Stabilization of the Church has already been completed by Golden Coyote Wetlands, Inc. The Department will also want to plan the interpretation and presentation of the site.
No Commission action was requested.

7. Report: Willamette Greenway Task Force (Kathy Schutt)
Staff requested that the Commission acknowledge the Willamette Greenway Task Force Report and adopt its Priority Actions as an Action Plan for the Department’s efforts regarding the Willamette Greenway Program.  

In Summer 2004, Verne Duncan, a former state legislator, and Sara Vickerman, a former Oregon Parks and Recreation Commissioner and current director of the Oregon office of the Defenders of Wildlife, agreed to serve as co-chairs for the Willamette Greenway Task Force, which was charged with advising the Department regarding the direction for its Greenway Program and its extensive ownership of greenway parklands. In addition, an advisory committee representing local government interests along the Willamette River was formed to review the work of the Task Force and comment on it in regard to their concerns. The Department and the Commission prepared a Charter to guide the work of the Task Force and focused on six tasks: 
•	assessing the greenway program’s progress to date;
•	identifying recreation and resource needs and opportunities;
•	exploring the creation of program related incentives;
•	identifying opportunities for partnerships;
•	reaffirming or articulating a revised vision for the greenway program’s future; and
•	selecting priority actions for OPRD to take in the future to enhance its greenway program efforts.
During discussion John Blackwell asked Kathy Schutt, OPRD Planning Manager, which “calls to action” the Task Force Chairs would emphasize. Schutt named better public information—i.e., the importance of the Greenway to the public, its recreation values, etc.—as the key point. 

Jim Brown commented, “For me, there are a lot of parallels between peoples’ concerns for Wallowa Lake and the Willamette Valley. The character of this state fundamentally hinges on small communities. We come to Oregon because we like the character and feel. As we take those opportunities away, those lands will go to another use. To me that doesn’t come out strongly enough in this report. The foundation of retaining the character of the greenways is retaining that land as working landscapes, and the only way we’re going to protect it is to provide land owners with incentives.”

John Blackwell asked Schutt, “How would you and the Task Force Co-Chairs, Sara and Verne respond to Jim’s suggestion?” Schutt replied, “They would like it,” noting that the report’s vision statement had a similar intent. “They just didn’t use the ‘cultural landscape’ wording,” added Schutt. 

John Blackwell said, “I think we should accept the report, give thanks to Sara and Verne for their work, but ask them to clarify the report’s wording per Jim’s suggestion.”
Jim Brown moved to accept the Willamette Greenway Task Force Report; Sue Musser seconded. The motion passed unanimously. 

8. Report: Commission Subcommittee on Future Investments (Kyleen Stone) 
Kyleen Stone, OPRD Assistant Director—Administration, presented an Executive Summary of the draft Acquisition Priorities Report which was reviewed by the Commission’s Subcommittee on Future Investments at its August 4, 2005 meeting. Stone noted that staff will seek Commission approval of the Acquisition Priorities Report at its October 27, 2005 meeting. Stone also told the Commission that the Subcommittee agreed on a goal of reducing the Department’s backlogged maintenance to zero by 2014—which is consistent with the Governor’s direction—while also establishing “preventative maintenance” as a core Department function. Stone said that, because the transfer of the Oregon State Fair to the Department has substantially changed the financial outlook for the Department, the Subcommittee agreed to table discussions on the Day Use Fee program.  The OPRC Subcommittee on Future Investments is chaired by OPRC Vice Chairman Bill Gregory, and other members include Nik Blosser and Sue Musser.
No Commission action was requested. 

9.  Middle Fork Willamette Parks Master Plan Overview (Kathy Schutt)	
Kathy Schutt, OPRD Planning Manager, presented an overview of the draft Middle Fork Willamette Parks Master Plan. The planning process for the master plan, which encompasses 15 state parks within a portion of the South Willamette Management Unit on Dexter and Fall Creek reservoirs and a six-mile reach of the Middle Fork Willamette River below Dexter dam, was set in motion late last year to address a variety of issues including increased recreation demand, user conflicts, and resource damage and restoration issues. Schutt told the Commission that the draft plan was recently distributed for public review, and that comments would be accepted until mid-October. Staff will return to the Commission at its October 27, 2005 meeting for approval of the plan. The process for adoption of the plan through rule-making and county approval will occur once the Commission has concurred with the draft plan.
No Commission action was requested.

10.  Proposed Recreation Trends: Baby Boomers	(Kathy Schutt)
Kathy Schutt, OPRD Planning Manager, told the Commission that the Department proposes to gather information to assist the state parks system and other recreation providers in Oregon to proactively manage for changes associated with an aging Oregon population. In addition, OPRD is proposing to lead a research partnership project with the U.S. Forest Service to develop a “retirement projection model” to identify rural Oregon communities or areas with the greatest potential to attract retirees. The Department will seek cost sharing support for the project from the Forest Service  and participation by their research team. The one-year project has an anticipated completion date of September 2006.
No Commission action was requested. 

11. Strategic Communications Plan (Chris Havel)
Chris Havel, OPRD Communications Coordinator, told the Commission that the Department will design, fund and execute a communications plan with two purposes: keep citizens continually informed about the results of Lottery-funded programs, and demonstrate the benefits of continued funding. The Target 2014 Strategic Communications Plan will involve outside partners and consultants, build on existing Department programs, and create new communication channels to Oregon citizens. When complete, the strategic plan will contain a timeline with expanded content for each section including presentation materials, marketing messages, survey outlines and partnership commitments. At several key points over the coming months, sections will be completed and presented as information items to the Commission.
No Commission action was requested.

12. Heritage Conservation Division Update (James Hamrick)
James Hamrick, OPRD Assistant Director—Heritage Conservation, briefed the Commission on Heritage Conservation issues and activities. Hamrick told the Commission that an anticipated increase in federal funding for his office in 2006 and an agency shift in allocations may allow staff to in turn increase federal grants to local jurisdictions and others. Hamrick also reported Governor Kulongoski has expressed the State’s concerns to our congressional delegation about legislation currently being considered in House Resources which would severely limit the Section 106 reviews of impacts on known or potential historic properties. Hamrick told the Commission that Sesquicentennial discussions continue and are now focused on proceeding with the creation of a non-profit and governing body by the end of the calendar year. In other news, the registrations for the 2005 National Preservation Conference in Portland are well above previous years’ numbers, a tour of the Champoeg State Heritage Area will be featured during the conference, the master plan for the Historic Columbia River Highway is being updated, and the Division will receive around $70,000 as this fiscal year’s share of partner funding from the Cultural Trust Fund. 
No Commission action was requested. 

13. Proposed Rulemaking for Museum Grants (James Hamrick)
Staff requested Commission approval to amend the existing administrative rules for the Museum Grant Program. Rule changes are needed to bring them into compliance with recent statutory changes which resulted from the passage of Senate Bill 67 during the 2005 Legislative Session. Senate Bill 67 changed the Museum Grant Program from an entitlement process to a competitive one.
Jim Brown moved to approve the request; Sue Musser seconded. The motion passed unanimously. 

14. Report: Umpqua Lighthouse Transfer (David Wright)
David Wright, OPRD Assistant Director—Operations, reported to the Commission that Douglas County is on track to complete its required actions as part of an agreement with the Department to both extend the County’s lease and transfer portions of Umpqua Lighthouse State Park to Douglas County. The County’s deadline for completing its required action items is June 16, 2006, at which time the Department will convey that part of the open dune to the County as outlined in the master plan. 

At its meeting March 10, 2005, the Oregon Parks and Recreation Commission approved the County’s requests, contingent upon completion of the following tasks and periodic progress reports: 

1)	Restroom installation at northern beach access parking lot. COMPLETED
2)	ATV staging and parking area-Phase 1.  COMPLETED
3)	Development of speed-regulated ATV access route connecting Discovery Point to open riding area.  COMPLETED
4)	Design plan for campground in forested area of deflation plain.  IN PROGRESS
5)	Installation of vault restrooms and paving of day use and staging area.  IN PROGRESS
6)	Final design for Dunes Emergency Response facility. IN PROGRESS
7)	Installation of signage: to define open ATV riding area (COMPLETED), and to define transition area between closure area and staging location.  IN PROGRESS
8)	Posting for discontinuance of undesignated camping (unless authorized under special use permit). IN PROGRESS
9)	Closure of undesignated staging area near Half Moon Bay.  COMPLETED
10)	Closure of open dunes immediately below the Umpqua Lighthouse.  COMPLETED

Wright told the Commission, “The County has been diligent in upholding their part of agreement.” Wright also informed the Commission that the County would like to relocate Coast Guard Housing at the site. “We’re not sure that is the best idea,” said Wright, “and we are encouraging them to seek alternatives.” Wright reported that the County had gone to Senator Gordon Smith requesting legislation that would force the Coast Guard to move. Wright added, “We will come back to you for discussion if that is enabled.”
No Commission action was requested.

15. Proposed Rulemaking & Temporary Rule: Fee Waivers for Veterans 
(David Wright)
Staff requested Commission approval to go to rulemaking and to adopt a temporary rule to provide fee waivers to veterans with service-connected disabilities and active duty military personnel, making it effective on Veterans Day 2005. The Department’s plan is to follow the intent of House Bill 2425, which was introduced during the 2005 Legislative Session, and limit the free use of individual campsites to no more than five consecutive days and no more than 10 days in any calendar month. Administrative rules need to be promulgated to formalize the fee waiver.  The Department projected a fiscal impact of $311,014 in lost revenue during the 2005-07 biennium assuming a January 1, 2006 implementation.
Jim Brown moved to approve the request for rulemaking; Sue Musser seconded. The motion passed unanimously. 

16. ATV Strategic Plan Adoption (Kyleen Stone)
The All-Terrain Vehicle Account Allocation Committee requested Commission approval of  the ATV Program Strategic Plan, which had been presented as an information item at the August 4, 2005 meeting of the Oregon Parks and Recreation Commission. Seven goals are included in the strategic plan:   
•	Allocate funding for maintenance and operations grants that provide safe and high quality ATV/OHV areas;
•	Promote and assist with acquisition and/or development of motorized riding opportunities; 
•	Promote information and education; 
•	Protect ATV/OHV riding opportunities and reduce the loss of riding opportunities on public and private lands;
•	Establish a partnership with riders and land managers (public and private), clubs and organizations, the ATV/OHV industry and OPRD, that is based on mutual respect and minimizes conflicts among various public land uses;
•	Make the ATV/OHV program clear, accountable, respected, responsible and equitable to all users throughout Oregon;
•	Determine a responsible level of funding to support Goals 1-6.
Bill Gregory moved to approve the ATV Program Strategic Plan; Jim Brown seconded. The motion passed unanimously. 

17.  State Fair Integration Planning (Tim Wood)
Staff reported to the Commission the actions taken to date in the State Fair Integration planning process: creation of work groups to identify issues related to the transfer of the State Fair to the Department; creation of work groups to implement the integration;  identification of key milestones, related tasks, and due dates for the transfer process; appointment of a project manager to oversee the transition; and observation, review and initial analysis of State Fair operational practices. 

Upcoming actions in the integration process include: establish a State Fair Advisory Committee to review the use and marketing of the state fairgrounds, the State Fair’s facility plan, and its strategic plan; develop an appropriate organization structure; review the positions and classifications of the State Fair employees and, if necessary, realign them with those of OPRD; develop a plan to integrate the accounting systems; and draft a progress report to the legislative Emergency Board for the January 2006 meeting.
During discussion Jim Brown asked if a transition audit has been conducted, and advised staff that it is in the agency’s best interest to have one conducted at this juncture. 
No Commission action was requested. 

17a. State Fair and Exposition Center Contract Authority (Tim Wood)
Staff requested that the Commission delegate authority to the Director to negotiate and enter into contracts and agreements for Fair entertainment, concessions, and services for agreements above $150,000 deemed necessary for the conduct of the Fair and operation of the fairgrounds and facilities. This delegated authority does not include public works or capital improvement contracts in excess of the Director’s current $150,000 limit.
Jim Brown moved to approve the delegated authority request; Sue Musser seconded. The motion passed unanimously. 

18. Contracts (Dave Wright)
a) Fort Stevens Phase IIA (South Campground Road & Utility Improvements)
Staff recommended Commission approval of award of the contract for south campground road and utility improvements at Fort Stevens to Big River Excavating in the amount of $913,239.72. Big River Excavating had the lowest bid out of five qualifying bids that were submitted for the project. 
Sue Musser moved to approve the award of the contract; Jim Brown seconded. The motion passed unanimously. 

b) Marine Board—Cooperative Facility Grant Agreements
Staff recommended Commission approval to enter into Cooperative Facility Grant Agreements with Oregon State Marine Board to provide the additional funding necessary to complete three projects: launch ramp improvement at Lowell State Recreation Site ($196,500); floating restroom and pump-out/dump station at Prineville Reservoir ($198,000); and Powder House Cove boating facility development at Prineville Reservoir ($196,000). 
Bill Gregory moved to approve the grant agreements; Sue Musser seconded. The motion passed unanimously. 

19. Commission Planning Calendar (Tim Wood)
In addition to the items of interest included in the Commission Planning Calendar, OPRD Director Tim Wood noted that the October 27, 2005 Commission meeting in Grand Ronde would feature a tour of the Fort Yamhill State Heritage Area.

20. Commission Discussion: Proposed 2006 Meeting Dates (Tim Wood)
During discussion, Jim Brown said he had conflicts with two of the proposed 2006 meeting dates. A revised, tentative set of dates will be sent out to the Commissioners for their consideration prior to approval at the October 27, 2005 meeting in Grand Ronde.
During continued discussion, OPRD Director Tim Wood indicated that potential candidates for the vacant seat on the Oregon Parks and Recreation Commission had surfaced. 

The meeting adjourned at 11:55 AM

Respectfully Submitted,

Jo Bell
Commission Assistant