SENATE COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON AND WATER

 

 

February 23, 2001   Hearing Room B

8:00 a.m.        Tapes  40

 

MEMBERS PRESENT:            Sen. Ken Messerle, Chair

Sen. Frank Shields, Vice-Chair

Sen. Roger Beyer

Sen. Ginny Burdick

Sen. Ryan Deckert

Sen. Bill Fisher

 

MEMBER EXCUSED:             Sen. Jason Atkinson

 

STAFF PRESENT:                  Jennifer Solomon, Committee Administrator

Cheryl Young, Committee Assistant

 

 

MEASURE/ISSUES HEARD:            SB 315, Public Hearing and Work Session

                                                HB 2160, Public Hearing and Work Session

                                                SB 715, Public Hearing

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

 

TAPE 40, A

 

004

Chair Messerle

Opens meeting at 8:05. Announces that SB 310 will be pulled until another time. Opens Public Hearing on SB 315

 

SB 315, PUBLIC HEARING

 

005

Staff

Summarizes SB 315

 

 

Chair

No testimony. Closes Public Hearing on SB 315.  Opens Work Session on SB 315. Asks for motion

 

SB 315, WORK SESSION

 

 

Sen. R. Beyer

MOTION:  Moves SB 315 to the floor with a DO PASS AS AMENDED recommendation.

 

 

 

VOTE:  5-0

EXCUSED:  2 - Sen. Atkinson, Sen. Deckert

 

 

Chair

Hearing no objection, declares the motion CARRIED.

SEN. R. BEYER will lead discussion on the floor.

 

008

Chair

Opens Public Hearing on HB 2160

 

HB 2160, PUBLIC HEARING

 

 

Staff

Summarizes HB 2160.

 

 

Chair

No testimony. Closes Public Hearing on HB 2160. Opens Work Session on HB 2160

 

HB 2160, WORK SESSION

 

 

Chair

Asks for motion.

 

 

Sen. R. Beyer

MOTION:  Moves HB 2160 to the floor with a DO PASS recommendation.

 

 

 

VOTE:  5-0

EXCUSED:  2 - Sen. Atkinson, Sen. Deckert

 

 

Chair

Hearing no objection, declares the motion CARRIED.

SEN. R. BEYER will lead discussion on the floor.

 

 

Chair Messerle

Opens Public Hearing on SB 715.

 

SB 715, PUBLIC HEARING

 

 

Staff

Summarizes SB 715

 

008

Sen. Beyer

States that he has introduced this bill at the request of  Mike and Leann Collins who are here to testify on its behalf. Are going to listen to issues and then go to Legislative Council and ask for some amendments to be drafted.

 

012

Leann Collins and Mike Collins

States that they want to have the ability to partition their property so that each of the three homes can have their own tax lot. Expands on testimony.  Submits written testimony.  (EXHIBIT A).

 

044

Sen. Burdick

Asks what is the surrounding area like around their property, and do they actively manage the trees.

 

047

Ms. Collins

Responds that they have replanted the back of their property in trees, and one side is forestland, and expands on explanation.

 

054

Sen. Burdick

Asks if the larger lots are privately owned, or State or Federal lands.

 

056

Ms. Collins

Responds that it is all private land.

 

059

Chair.

Asks if they are considering dividing property into three equal parts.

 

061

Ms. Collins

Responds.

 

063

Mr. Collins

Gives the committee further information on the property.

 

072

Sen. Shields

Asks the significance of  the Nov. 4, 1993 date in bill.

 

075

Ron Eber

Responds that the effective date of HB 3661 in the ’93 session that changed all the standards.

 

081

Sen. Shields

Asks about the history on the other two houses on the property.

 

083

Ms. Collins

States that before the zoning was there, people owned the property and they put in houses for their relatives. They purchased the land ‘as is’.

 

089

Sen. Shields

So someone in some point of time, bought two extra pieces of property so it all became one piece of property?

 

091

Ms. Collins

Replies,  no.

 

094

Sen. Shields

Asks if there were three separate pieces of property on which three houses were built, or was it always one piece, and someone built them as rentals.

 

097

Mr. Collins

Responds and clarifies.

 

115

Ron Eber

Farm and Forest Land Specialist for the Department of Land Conservation and Development. States that they can support this bill with some amendments. Continues with testimony.  Submits written testimony. (EXHIBIT B).

 

145

Chair

Asks how much demand does he think there is for this bill across the state.

 

147

Eber

States that he thinks it would be used on a fairly routine basis. Expands on statement.

 

156

Chair

Asks if he has had requests in past for estates?

 

163

Eber

Responds yes, and elaborates on his answer regarding estate situations.

 

167

Sen. Burdick

Asks what kind of impact, if any, would a situation like this have on family forest operations.

 

176

Eber

Responds.

 

187

Sen. Burdick

States her concerns regarding possible serious conflicts between those practicing forestry and those just building homes on this property.

 

196

Chair

Asks Mr. Eber if this bill has a minimum lot size of the parcels divided off.

 

198

Eber

Responds no, it does not. Expands on response.

 

215

Chair

Asks if it would be appropriate to have a minimum two-acre lot size, so there is not a ‘community’ in the middle of a forest zone.

 

219

Sen. Burdick

Agrees that it could be one approach, but her concern  is that you could take a working forest area that was a family operation and end up with some forestry some non-forestry with tremendous conflicts. Perhaps the approach of the overall parcel being under a certain size would be the better way to go.

 

226

Chair

Suggests two ways of looking at it. Keeping the forestland as big as you can, or dividing it up with a forest unit in each of the divisions.

 

230

Sen. Beyer

States that he is having difficulty finding where the conflict is.

 

245

Sen. Shields

Suggests that they wait for a work session  to discuss that issue.

 

251

Sen. Fisher

Asks Mr. Eber if this bill in any way changes the zoning.

 

252

Eber

Responds, no, it does not.

 

258

Art Schlack

Association of Oregon Counties. States that they have some concerns regarding this bill. Expands on testimony. 

 

301

Chair Messerle

States that as he reads the bill it does designate simply forestland, in two areas.

 

305

Schlack

Replies  that ‘at least a  part’ of the land.

 

310

Chair Messerle

Asks  for clarification of that statement  and suggests that Sen. Beyer , Mr. Eber and Mr. Schlack work together to make sure the amendments cover the concerns.

 

312

Sen. Fisher

States that the relating clause does not relate to part, it strictly relates to forestland.

 

318

Chair

Closes  Public Hearing on 715. Opens Work Session on SB 315.

 

SB 315, WORK SESSION

329

Sen. Messerle

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow SEN. DECKERT to BE RECORDED as voting AYE on SB 315.

 

 

 

VOTE:  1-0

 

 

Chair

Hearing no objection, declares the motion CARRIED.

SEN. R. BEYER will lead discussion on the floor.

 

333

Chair Messerle

Closes Work Session on SB 315. Opens Work Session on HB 2160.

 

 

Sen. Messerle

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow SEN. DECKERT to BE RECORDED as voting AYE on HB 2160.

 

 

 

VOTE:  1-0

 

 

Chair

Hearing no objection, declares the motion CARRIED.

SEN. R. BEYER  will lead discussion on the floor.

 

335

Chair Messerle

Closes Work Session on HB 2160.  Adjourns meeting at 8:33 a.m.

 

 

Submitted By,                        Reviewed By,

 

 

 

Cheryl Young,                        Jennifer Solomon,

Committee Assistant                        Administrator

 

EXHIBIT SUMMARY

 

A – SB 715, written testimony,  Mike & Leann Collins, 2pp.

B – SB 715, written testimony,  Ron Eber, 1p.