SENATE COMMITTEE ON RULES

 

 

April 01, 2003                                                                                                      Hearing Room 343

3:00 pm                                                                                                                                  Tape 32

 

MEMBERS PRESENT:         Sen. Bev Clarno, Co-chair, Presiding

Sen. Kate Brown, Co-chair

Sen. Jason Atkinson, Vice-chair

Sen. Ginny Burdick, Vice-chair

Sen. Roger Beyer

Sen. Tony Corcoran

 

STAFF PRESENT:                 Jim Stembridge, Committee Administrator

Pam Cox, Committee Assistant

 

MEASURE/ISSUES HEARD:           Executive Appointments – Work Session

    Land Use Board of Appeals

                                                Introduction of Committee Measures – Public Hearing and Work

                                                    Session

 

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 32, A

005

Co-chair Clarno

Opens committee meeting at 3:04 p.m.  Opens a work session for executive appointments.

EXECUTIVE APPOINTMENTS - PUBLIC HEARING

LAND USE BOARD OF APPEALS – APPOINTMENTS OF TOD BASSHAM (EXHIBITS A, B), ANNE CORCORAN BRIGGS (EXHIBITS C, D) AND MICHAEL HOLSTUN (EXHIBITS E, F)

008

Anne Corcoran Briggs

Informs the committee on her background and qualifications for the appointment.

011

Sen. Atkinson

Asks if she knows the name of her Senator.

012

Briggs

Answers Sen. Gordly.

020

Tod Bassham

Discusses his background and qualifications for the appointment.

024

Michael Holstun

Informs the committee that Sen. Ringo is his Senator and discusses his background and qualifications for the appointment

040

Sen. Atkinson

Asks if any of the appointees are lawyers.

042

Bassham

States all three, the statute requires members of the Board be attorneys.

043

Sen. Atkinson

Notes all three are from Portland and asks if it has any effect on the way they view the land use cases around other areas of Oregon.

045

Briggs

Notes she hasn’t always lived in Portland.

054

Sen. Atkinson

Asks how much time does it take for an appeal process.

055

Holstun

Describes the appeal process.

065

Sen. Atkinson

Asks if they request extensions.

070

Bassham

Answers it would be in violation of the statute.

078

Briggs

States most are resolved within a year.

082

Sen. Atkinson

Asks if they have thought of a way to speed up the process.

089

Holstun

States seventy-seven days is a very tight deadline.

099

Sen. Atkinson

States a case in his home town that it is still held up in the Land Use Board of Appeals (LUBA) process.

114

Briggs

States she knows the case that Sen. Atkinson is talking about and it went to the Court of Appeals and back to LUBA.

120

Sen. Atkinson

Notes people do not have endless amounts of money to spend on the appeal process.

140

Holstun

Answers the case would be settled sooner if it went to LUBA than to the Circuit Court.

147

Bassham

States the costs are as inexpensive as possible.

150

Sen. Atkinson

Asks if there is anything the committee can do to help the process.

153

Bassham

Answers to the backlog and budget cuts and losing staff.

160

Sen. Brown

Asks for clarification on staffing reductions.

164

Bassham

Answers they went from seven full time employees (FTE) to four point five FTE.

165

Sen. Brown

Asks for explanation of the staff’s duties.

172

Bassham

Describes the functions of the staff at LUBA.

176

Sen. Brown

Asks who does their research.

177

Bassham

Answers the staff attorney did but he was one of the budgetary cuts.

183

Sen. Brown

Notes they do their own research.

190

Bassham

Acknowledges.

193

Sen. Brown

Asks how much additional time does it take to do the research.

195

Bassham

States it takes twenty-five percent of their ability to finalize the cases.

198

Sen. Beyer

Asks who is the chair of their Board.

199

Bassham

Notes he is.

202

Sen. Atkinson

Asks what are the duties of the additional staff.

203

Bassham

Clarifies the duties.

211

Sen. Clarno

Asks if Briggs had grown up in Baker City.

214

Briggs

Answers she worked there for three and one half years.

220

Sen. Clarno

Notes the Governor’s desire to have a better connection between urban and rural.

224

Briggs

States there is no respect for those on the other side of the mountain.

234

Co-chair Clarno

Asks if her concern and representation is the same for Baker City as Portland where she presently lives.

236

Briggs

States she is very conscious of rural issues.

245

Co-chair Clarno

Explains her concern of land use laws and appeals not being completed for the lack of money.

265

Sen. Atkinson

Reiterates he would value their input on how to improve the process.

269

Co-chair Clarno

Closes the public hearing on executive appointments and opens a work session on executive appointments.

EXECUTIVE APPOINTMENTS – WORK SESSION

270

Sen. Brown

MOTION:  Moves the REAPPOINTMENTS of Tod Bassham, Anne Corcoran Briggs and Michael Holstun to the Land Use Board of Appeals to the floor with the recommendation that the appointments BE CONFIRMED EN BLOC.

276

 

VOTE:  6-0

 

Co-chair Clarno

Hearing no objection, declares the motion CARRIED.

SEN. CLARNO will lead discussion on the floor.

378

Co-chair Clarno

Closes work session on executive appointments and opens a work session on introduction of committee measures.

INTRODUCTION OF COMMITTEE MEASURES – WORK SESSION

380

Sen. Brown

MOTION:  Moves LC's:  3518, 1095 and Bill Drafts BE INTRODUCED as committee bills.

381

 

VOTE:  4-0

EXCUSED:  2 - Sen. Beyer, Sen. Corcoran

 

Co-chair Clarno

Hearing no objection, declares the motion CARRIED.

384

Co-chair Clarno

Closes work session on introduction of committee measures.  Adjourns committee meeting at 3:46 p.m.

 

EXHIBIT SUMMARY

 

A – Land Use Board of Appeals, Governor’s office and staff,

B – Executive appointee, Tod Bassham, staff

C – Land Use Board of Appeals, Governor’s office and staff,

D – Executive appointee, Anne Corcoran Briggs, staff

E – Land Use Board of Appeals, Governor’s office and staff,

F – Executive appointee Michael Holstun, staff