Minutes - Approved
Oregon Parks and Recreation Commission Meeting
September 28, 2006
Malheur National Forest Office 
John Day, Oregon 

Commissioners Present: Bill Gregory, Chair; Nik Blosser, Vice-Chair; Sharon Rudi; Jim Brown; Sue Musser; Jim Parr; and Brad Chalfant
Staff Present: Tim Wood, Director; Jan Dean, Assistant Director, Administration; Kyleen Stone, Assistant Director, Recreation Programs and Planning; Dave Wright, Assistant Director, Operations; Cliff Houck, Manager, Resource Management and Planning; Roger Roper, Assistant Director, Heritage Programs; Dave Koellermeier, State Fair Manager; Kate Schutt, Planning Manager; Chris Havel, Communications Coordinator; Wayne Rawlins, Grants Division Manager; Ron Price, ATV Grants Program Coordinator; Steve Shipsey, Assistant Attorney General; and Pamela Berger, Commission Assistant  
Visitors Present:  John Edmundson, OSPT, Karen Wolfe, Morrow County, Julie Barrell, National Off Highway Vehicle Conservation Council; Teri Arnall, John Day Parks and Recreation, Joe Barrell, ATV-ACC; Loren Allen, Friends of Kam Wah Chung; Bill Morris, Friends of Kam Wah Chung; Jim Spell, John Day Swim Association; Michelle Desjardin; John Day landowner; Jim Hammett, Superintendent, John Day Fossil Beds; Marie Gregory, Chris Knauf, BLM; and Lori Harvey, Baker County Trust

The meeting began at 9:00 AM

Chair Gregory introduced and welcomed Brad Chalfant as the new commission member.  Commissioner Chalfant is from Bend and represents Congressional District 2. 

1.  Approval of Agenda 
Nik Blosser moved to approve the agenda adding Item 14f (transfer of State Fair easement to City of Salem).  Jim Parr seconded.  The motion passed unanimously.

2.  Public Comment
John Edmundson, Oregon State Parks Trust, updated the commission on the new trust staff and members, noting successful changes.  He encouraged OPRD to remain committed to the parks and park projects in Eastern Oregon.

Karen Wolfe, Morrow County, shared her enthusiasm for successes at this year’s State Fair, encouraging the State Fair Manager to continue to look for opportunities to make changes.

3.  Approval of minutes from the August 17, 2006 Commission meeting 
Nik Blosser moved to approve the minutes, with change to the motion.  Jim Brown seconded.  The motion passed unanimously.

4.  Director’s Update (Tim Wood)
Director Tim Wood 
Submits a letter for the record from E.R. Kellogg, Grants Pass, in regards to motorcycle access to property in Jacksonville, which is being considered by the ATV-AAC committee.

Marr Ranch Acquisition:  Staff has been meeting with legal counsel and the Governor’s staff in response to a lawsuit filed by Mr. Kreiger to determine if the property in question has archeological significance.  We will keep you updated on this continuing issue and do not anticipate reaching resolution in the near future.

Performance Measures:  We submitted a letter to the September Joint Legislative Audit Committee indicating we wanted to have discussions about making changes to the measures.  It was agreed to defer submitting the final letter until the November Joint Legislative Audit Committee meeting.  

Curry County Beach Camping:  We received a letter from the Curry County Commission requesting to ban beach camping in portions of Curry County.  In order to impose a prohibition, it would require a change to the administrative rules that would require commission action.  Before we request a rule change, we will work with the county to see if there are other viable solutions.

Willamette River:  Rep. Darlene Hooley is interested in the future of Willamette River.  We have been involved in discussions with her office and the Governor’s office regarding potential federal initiatives that could include, among other thing, improvements for recreation and water quality.  The department will participate in a forum sponsored by Rep. Hooley in Salem on October 19, 2006.

Risk Assessment: The OPRD Audit committee consisting of Jim Parr and OPRD staff, have submitted a RFP to have a risk assessment conducted for the department and to review our contracting and procurement process.  After receiving and reviewing three proposals, we have determined to enter into an agreement with Quality Plus Engineering. We are scheduled to have those completed in January 2007.

Emergency Board:  OPRD went before the Emergency Board on September 21 with three proposals to increase limitations for projects.  The Emergency Board supported those proposals. 

No Commission action was requested.

5.  Approval of Delegated Authority Report 
a.  Contracts (Jan Dean)
Jan Dean, Assistant Director, Administration, asked the commission to approve the “Report of Delegated Authority for Contracts” for June and August 2006 that includes the following:
o	331 new agreements for a total of $3,821,824
o	8 amendments for a total of $157,889 
o	24 sponsorship agreement with the fair for $869,809 revenue to the department
o	11 fairground event permits for a total of $88,203 revenue to the department
Nik Blosser moved to approve the contracts.  Sue Musser seconded.  The motion passed unanimously.

b.  Natural Resources (Cliff Houck)
Cliff Houck, Resource Management and Planning Manager, presented actions taken under the delegated authority for natural resources management from July 25, 2006 through September 5, 2006 for Scenic Waterways Notifications and Ocean Shore Alteration Decisions.  
Sharon Rudi moved to accept the delegated authority report.  Jim Parr seconded.  The motion passed unanimously.

6.  Financial Update  (Jan Dean)
Jan Dean, Assistant Director, Administration, said the 2005-07 biennial budget is projected to be close to budgeted amounts with a few exceptions.  Revenues are projected to increase to $2,976,000 for the 2005-07 biennium, bringing the total increase in Lottery revenues to $9,896,000 over the close of session amount of $69.8 million.  Other revenue sources are projected to remain steady.  However, the 2006 State Fair revenues and attendance have not been figured into the forecast.  They are expected to be greater than last year, which will revise the forecast.  The 10-year plan will be updated to reflect final Fair revenue data and will be presented at the November Commission meeting.  There are no changes in expenditure projections from the report provided at the August 17, 2006 commission meeting.  
In response to Nik Blosser, Ms. Dean stated that OPRD has no other long-term debts besides the State Fair. 
No Commission action was requested.

7.  State Fair 2006 Report  (Dave Koellermeier) 
Dave Koellermeier, State Fair Manager, summarized successes of the 2006 annual State Fair including the following highlights:
o	Attendance increased 10%.  Each day of the Fair drew more patrons compared to the same day in 2005, except the last day.  This reverses a trend of the last two years.  
o	On Sunday, September 3, attendance peaked at 49,000.  Two concerts on Sunday evening significantly contributed to this number.
o	Patrons were able to give feedback daily via kiosks scattered throughout the grounds.  More than 8,000 patrons provided feedback.  
o	On a “happiness factor” patrons ranked the Fair 4.1 on a 5-point scale.  
o	Safety, cleanliness, manners, sponsorship recognition, marketing efficacy and demographic information were collected.  
o	First time attendees were 13% of the total.  
o	Per capita spending information was collected.  
o	Patrons spent more time on grounds this year than in previous years.  
o	Over 45% of respondents obtained information about the Fair via the Fair website.
No Commission action was requested.

8.  Draft State Fair Strategy and Business Plan  (Information)
Mr. Koellermeier summarized the first draft of the Oregon State Fair and Exposition Center Business Plan which included the vision and mission of the State Fair and Expo Center, management philosophies, target industries for State Fair partnerships, patron survey data, concessionaire report, and 2006 recap.
Members acknowledged the changes and successes that Mr. Koellermeier has brought to the State Fair and encouraged his to continue with his leadership.
No Commission action was requested.

9.  Delegated Authority for State Fair  (Jan Dean)
Jan Dean, Assistant Director, Administration, explained that when the State Fair and Expo Center was transferred to OPRD in January 2006, the commission delegated temporary authority to the Director to enter into contracts and agreements, regardless of amount, necessary for conduct of the 2006 State Fair.  The need was due to the quick response required to contract with vendors, service providers, sponsors, and entertainment providers. Authority for approval of public works, construction, maintenance or other facility expenditures above the commission-established delegated authority limit of $150,000 was withheld.  Staff requested that the Commission permanently delegate authority to the Director to negotiate and sign contracts for the Fair and Exposition Center in order to ensure that we can respond as quickly as necessary to continue to efficiently operate the Fair and Exposition Center.  The delegated authority still would not include public works, construction, maintenance or other facility expenditures for more than $150,000. 
Nik Blosser moved to permanently delegate authority to the Director to negotiate and enter into contracts for Fair and Exposition entertainment as necessary, as well as other agreements for the efficient operation of the Oregon State Fair and Exposition Center. This delegated authority does not include public works, construction, maintenance or other facility expenditures in excess of $150,000. Jim Brown seconded.  The motion passed unanimously. 

10.  Request to go to Rulemaking
a.  State Fair  (Jan Dean)
Jan Dean, Assistant Director, Administration, explained that due to the integration of the State Fair into OPRD, the administrative rules for the Oregon State Fair and Exposition Center need to be updated to be consistent with OPRD’s rules and to remove from administrative rule policies and procedures that should be handled by management procedure.  The requested approval to initiate the public rulemaking process will likely take several months to complete, will include input from an advisory committee, and will likely include a public hearing.  
Jim Brown moved the approval to begin the rulemaking process.  Sue Musser seconded.  The motion passed unanimously.

b.  Day Use Fee Park Changes (Kyleen Stone)
Kyleen Stone, Assistant Director, Recreation Programs and Planning, told commissioners that in 2000 OPRD completed a study of the day use fee program.  Among several recommendations was a general description of parks that should and should not charge a day use fee.  L. L. "Stub" Stewart State Park is scheduled for opening in Spring 2007 and will provide full service day use facilities that are consistent with the definition of a day use fee park.  Fogarty Creek serves primarily as a beach access point, and does not provide the full spectrum of facilities and activities normally associated with a Day Use Fee park.  The proposed administrative rules is a housekeeping rule that would add L. L. "Stub" Stewart Memorial State Park to the list of day use parks, drop Fogarty Creek from the list, and would correct the Fall Creek Recreation Site entry to Fall Creek Recreation Area (Winberry), which is the proper name of the park.  Additionally it would remove references to citations for failure to pay fees, now that the language is in OAR 736 Division 10.
Sue Musser moved approval to begin the rulemaking procedures.  Jim Parr seconded.  The motion passed unanimously.

c.  General Park Area Rules (Kyleen Stone)
Ms. Stone explained that this also is a housekeeping rule that addresses staff concerns and other issues relating to general park area rules.  In April 2005, the Department made major revisions to Division 10 (General Park Area Rules) and Division 15 (Rates) of Chapter 736 of the Oregon Administrative Rules. OPRD collected all rules resulting in enforcement actions in Division 10, and placed all rules establishing fees in Division 15. Prior to that revision, the rules were mixed throughout Divisions 10 and 15. After two seasons of enforcement, field staff provided input that resulted in the proposed revisions of the Division 10 rules.
Nik Blosser moved approval to begin the rulemaking.  Sue Musser seconded.  The motion passed unanimously.

11.  Facility Investment Program (FIP) Update (Dave Wright)
Dave Wright, Assistant Director, Operations, told the commission that the Facilities Investment Program (FIP) for the 2005-07 biennia on track and expected to be completed by the close of the biennium.  Total obligation of funds for projects under contract combined with expenditures has reached $19.2 million, which is 67% of the $28.5 million budget.  Payments totaling $11.9 million have been made as of August 21, which is lower than the projected benchmark of $13.3 million.  Even though the payments are lower than the benchmark, contract obligations are ahead of projections.  He told of backlog and deferred maintenance projects as well as the following projects:
o	Major Project Activity (05-07 BY) 
o	Design Complete On Projects
o	Design and Construction Projects In Progress (05-07 BY)
o	BY 07-09 Planning
o	Parks and Prisons Program
o	Paving Projects 
o	Construction Complete
o	Designs Complete
o	Designs in Progress
No Commission action was requested.

12. Contracts
a.  Kam Wah Chung Museum Phase II Restoration  (Dave Wright)
Dave Wright told the commission that this project consists of the selected architectural restoration and the installation of new lighting, fire detection and suppression, and security systems.  OPRD will work with the contractor on value engineering to reduce costs.
Jim Brown moved approval to award the contract to Robertson, Hay & Wallace in the amount of $593,144.  Sharon Rudi seconded.  The motion passed unanimously.

b.  Graphic Design  (Kyleen Stone)
Kyleen Stone, Assistant Director, Recreation Programs and Planning, said that OPRD produces hundreds of printed pieces in a given year, including marketing brochures, trail maps, posters, fliers, small signs, specialty publications, banners, day-use passes, forms and much more. All design and prepress work must be contracted out; OPRD does not employ graphic designers.  The “Agreement to Agree” (ATA) enables OPRD to award work orders to selected firms without requiring bid processes for each job. Prices for each work order are negotiated between OPRD and the contractor. It does not guarantee work to any firm. 
Sue Musser moves approval of the ATA to In House Graphics, HMH, Kobalt, and Fund/Levis.  Jim Parr seconded. The motion passed unanimously.

c.  Advertising  (Kyleen Stone)
Ms. Stone explained that as OPRD advertises, as a state agency we must remain neutral.  We are trying to find the best way to make our information available to the public.  OPRD is looking to contract with one or more firms to conduct all facets of paid advertising work: planning, budgeting, creative concepts, media purchase, production, evaluation, account management, and consultation on and development of large-scale marketing plans as well as individual promotional and public relations campaigns. The portfolio quality and experience of the top four companies are markedly superior to that of the remaining candidates. In the next 10 years, OPRD plans to increase its visibility significantly and market its messages aggressively. 
Sue Musser moved to award advertising services ATA to the following firms:  Ralston 360, HMH, R/West, and DHX.  Jim Brown seconded.  The motion passed unanimously.

13.  Investment Strategy Adoption  (Kyleen Stone)
Ms. Stone reported that the commission provisionally adopted the Oregon State Parks and Recreation Commission Investment Strategy at the April 19, 2006 meeting, instructing staff to obtain input from stakeholders and statewide community leaders to ensure that the strategy appropriately meets identified needs.  In the meantime, the commission authorized staff to present the strategy at the June 22, 2006 Legislative Emergency Board meeting.  The Emergency Board accepted the report without comment.  Staff is providing the revised report that includes comments received in the outreach process.  Although many supported the report, several natural resource advocates asked for more emphasis on conservation-oriented land acquisitions; which was incorporated in the re-write.  In addition, a summary of acquisitions made with Measure 66 funds and a history of Measure 66 acquisition funding has been added to the report.  OPRD will continue to work closely with key conservation advocates to identify opportunities to pursue acquisitions that maximize their identified natural resource protection goals meetings.
Jim Brown moved approval of the revised Oregon State Parks and Recreation Commission Investment Strategy Report.  Nik Blosser seconded.  The motion passed unanimously.

14.  Real Estate (Cliff Houck)
a  Real Estate - Silver Falls State Park Road Easement
Cliff Houck, Manager, Resource Management and Planning, explained that Lookout Mountain Road runs along the southerly boundary of Silver Falls State Park.  This road has provided access to portions of the park and to land owned by the Bureau of Land Management (BLM) and two private tree farms owned by the Collins and Davidson families.  The road has been primarily used for forest practices of these neighboring property owners and OPRD.  

When the BLM began researching ownership of this privately owned road they concluded that portions of the road are owned by OPRD and portions parties and BLM.  BLM has requested a permanent easement over the OPRD section of road to provide legal access for forest management purposes.  OPRD agreed with the private owners to allow the use of the road by all parties and cooperation on road maintenance.  OPRD will install gates during fire season and reciprocal permits to the private owners.  BLM has asked for an easement across OPRD property in exchange for a reciprocal easement to cross BLM property.
Nik Blosser moved to approval of the exchange of road easements with the BLM at no cost to either party.  Jim Parr seconded.  The motion passed unanimously.

b.  Bastendorff Bog  
Mr. Houck noted the Nature Conservancy purchased the Bastendorff Bog parcel that is adjacent to Sunset Bay State Park and Yoakam Point State Natural Site in Coos County.  Bastendorff Bog is a significant site for the rare plant species Lilium occidentale,  commonly called the Western Bog Lily and is a high quality and important natural site. OPRD has cooperated with The Nature Conservancy in the management of this area by removing brush to promote expansion of this plant habitat.   Because the site is adjacent to OPRD property, the connection it builds between the two park ownerships makes it a manageable site with existing staff and at minimal cost.  Recent site work has included a corrections crew clearing brush at a cost of $2,000 per year.  The site is a possible interpretive opportunity in the future.  
Nik Blosser moved approval to accept this donation and transfer from The Nature Conservancy of the Bastendorff Bog parcel.  Jim Parr seconded.  The motion passed unanimously.

c.  Ontario Interchange - Sale to Oregon Department of Transportation (ODOT)
Mr. Houck explained that ODOT is planning to reconstruct the I-84/OR 201 interchange at Ontario that includes drainage facilities that require use of a portion of Ontario State Recreation Site.  The drainage system requires an outfall pipe from the detention basin located within the loop ramp to the Snake River.  ODOT is requesting a drainage easement from OPRD for the purpose of an outfall pipe.  The construction of this drainage facility will have minimal impact on the park property.  The easement has been appraised for $1,360.  
Nik Blosser moved approval to grant a permanent easement for drainage facilities to ODOT at the value of $1,360.  Sue Musser seconded.  The motion passed unanimously.

d.  Heceta Head - Transfer of Road Easement to USFS
Mr. Houck told the commission that Heceta Head Lighthouse State Scenic Viewpoint encompasses 548.89 acres on both sides of Highway 101 in Lane County.  A portion of this park was acquired through an exchange with the US Forest Service who retained an easement for road access through that portion east of Highway 101.  OPRD is currently working on a project to improve access to the park, providing safer access.  In order to complete this project, the existing road over which the US Forest Service retained an easement needed to be realigned. As such, OPRD entered into an agreement with the Siuslaw National Forest to realign Government Road 1057000 from the edge of Highway 101 east for approximately 300 feet.  We request authority to transfer the area of the realignment as a road easement to US Forest Service; the Siuslaw National Forest will transfer the existing area that is not needed for the forest road easement back to OPRD.
Jim Brown moved approval of this transfer of forest road easement to the US Forest Service. Sue Musser seconded. The motion passed unanimously.

e.  Saddle Mountain - Acquisition Progress Report
Mr. Houck said the Saddle Mountain area property was identified by the Institute for Natural Resources at Oregon State University in the specimen site selection report for OPRD as part of the Commission’s Investment Strategy, based on outstanding rare, unique and highly intact natural areas, habitat, and sustainability in size and situation.  Presently OPRD owns 2,910.67 acres including a recent exchange where OPRD acquired 161 acres at Saddle Mountain in the LL Stub Stewart trade.  It is OPRD’s intent to enter into cooperative agreement with North Coast Land Conservancy to have the property appraised in anticipation of a purchase of this 130-acre parcel at Saddle Mountain.
No Commission action was requested.

f.  State Fair 
The City of Salem has entered into a sale agreement for property located at Portland Road and Silverton Road as part of a redevelopment and urban renewal effort. During the due diligence, a title search uncovered two 1909 easements in favor of the State of Oregon.  The City recently began efforts to remove these easements from the title in order to close their property transaction.   The easements gave the right to lay and connect a sewer line, leading from the State Fair Grounds to the Oregon School for the Deaf.  Staff reports conclude that the State Fair property is now connected to the City of Salem sewer system.  The City of Salem Development Services engineer wrote a letter confirming there are no records of any city sanitary sewer located within the easement area. This easement provides no service to the State Fair property today.  The City of Salem has requested a quit claim deed of our interest to extinguish the easement right and enable them to close their property sale.
Nik Blosser moved approval of the quit claim of any interest OPRD has in the 1909 easements.  Jim Brown seconded.  The motion passed unanimously.

15.  All Terrain Vehicles (ATV)  (Wayne Rawlins)
a  ATV Program Grant Requests
At the All-Terrain Vehicle Account Allocation Committee (ATV-AAC) August 18, 2006 meeting, the committee reviewed and recommended six grants for commission approval. They reviewed eight grant applications; approving six, approved one subject to conditions, and tabled two. 
Sharon Rudi moved approval of the provided grant recommendations from the ATV Account Allocation Committee. Sue Musser seconded.  The motion passed unanimously.

b  ATV Account Allocation Committee Member Reappointment
The ATV-AAC proposed to reappoint Tim Custer for a second four-year term to fill one of the two Class I positions and after consideration, voted in favor to recommend that the OPRD Commission re-appoint him to the ATV-AAC. Tim has also served on the Oregon Recreational Trail Advisory Committee for the Recreation Trails Program as a Motorized Representative.  For his second term with the ATV-AAC, Tim would like to see even greater investment in safety and education, real property acquisitions, and sound issues. 
Jim Parr moved to re-appoint Tim Custer to a second four-year term on the ATV-AAC.  Sharon Rudi seconded.  The motion passed unanimously.

c.  ATV Account Allocation Committee Member Nomination
The ATV-AAC unanimously recommended Chris Knauf to the BLM committee position.  Chris is a 1996 graduate of The Evergreen State College in Olympia, Washington, has worked for the BLM and several federal and state forest jobs.  He understands the needs of the Off Highway Vehicle (OHV) community. As a federal OHV Coordinator, he works constantly with and understands the challenges of providing high-quality OHV recreation experiences for a growing group of riders on public lands. 
Sue Musser moved to appoint Chris Knauf to a four-year term on the ATV-AAC.  Nik Blosser seconded.  The motion passed unanimously.

16.  November E-Board Presentation  (Jan Dean)
Jan Dean, Assistant Director, Administration requested, on behalf of OPRD, approval to submit the following items to the November 30, 2006 Emergency Board:
State Fair Report: OPRD has agreed to continue reporting to the Emergency Board on continuing efforts related to the State Fair. 
Salmon Plate Report:  OPRD is required to report to the Emergency Board on the use of the distributed revenues from salmon license plate sales.
Fee Waiver Report:  OPRD is required to report to the Emergency Board on fee reductions, waivers, and exemptions granted as a result of rules adopted by the Commission.
Jim Parr moved the approval of the above stated items for submission to November 2006 Emergency Board.  Sue Musser seconded.  The motion passed unanimously.

17.  Request to go to Rulemaking – Kam Wah Chung  (Kate Schutt)
Kate Schutt, Planning Manager, explained that the Kam Wah Chung Master Plan presents a series of site improvement phases that can be implemented as the related parcels become available.  The interpretive building is designed to fit within the scale of the surrounding neighborhood and represent western and Chinese building vernaculars, and accommodates storylines that have been identified in the planning process.  Plans include:
•	The historic site needs to be restored to bring back a sense of the historic setting.
•	Better visual clues are needed to take visitors from the highway to the historic site
•	Better visitor services, interpretation and administrative space are needed close to the historic site
•	Permanent artifact storage space is needed
•	Develop meaningful interpretation experience 
Ms. Schutt thanked the community for their support and guidance, summarizing some of the comments received at public hearings including: keeping the pool open until a new pool can be opened in town, parking needs, and adding a pedestrian bridge over the creek.
Sharon Rudi moved approval to take the draft master plan for Kam Wah Chung to state rulemaking and local land use approval.  Sue Musser seconded.  The motion passed unanimously.

18.  Commission Planning Calendar  
Director Wood noted that next commission meeting is scheduled for November 9, 2006 at the previous Fish & Wildlife Building in Portland, which now houses OPRD’s Reservations NW office.  At the July 2007 meeting scheduled at Honeyman State Park, the commission will tour areas where we have issued ocean shores permits.  Additional meeting tours will include Main Street Programs, skate parks, and historical communities and properties affected by scenic waterways permits.
No Commission action was requested.

19.  Commission Discussion
There was no commission discussion.

The meeting was adjourned at noon

Respectfully submitted by,

Pamela Berger
Commission Assistant