SENATE COMMITTEE ON RULES

 

 

August 4, 2003                                                                                                        Hearing Room B

1:30 PM                                                                                                                     Tape 110 - 111

 

MEMBERS PRESENT:         Sen. Ginny Burdick, Vice-chair

Sen. Tony Corcoran

Sen. Bill Fisher   

 

MEMBER EXCUSED:          Sen. Kate Brown, Co-chair

Sen. Roger Beyer, Co-chair

Sen. Jason Atkinson, Vice-chair

 

STAFF PRESENT:                 Jim Stembridge, Committee Administrator

Jeana Harrington, Committee Assistant

 

MEASURES HEARD:                       HJM 10 – Public Hearing

                                                SB 938 – 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 110, A

003

Vice-chair Burdick

Calls meeting to order at 1:40 PM. Opens public hearing on HJM 10.

HJM 10  - PUBLIC HEARING

010

Rep. Elaine Hopson

House District 32. Testifies in support of HJM 10. Summarizes HJM 10, which requests Oregon Congressional Delegation to urge Congress to fund repairs to Port of Tillamook Bay jetties in federal fiscal year 2004. Lists the benefits of the bill including securing funding for the jetties. Explains the -2 amendments (EXHIBIT A) are technical.

037

Senator Joan Dukes

Senate District 16. Provides account of Tillamook Bay. Testifies in support of HJM 10.

057

Vice-chair Burdick

Closes public hearing on HJM 10. Opens public hearing on SB 938.

SB 938 – PUBLIC HEARING

062

Jim Stembridge

Committee Administrator. Summarizes SB 938, which specifies that modification of approved utility facility used to provide personal wireless services is not subject to subsequently enacted approval criteria. Notes the sunset of the bill July 1, 2013. Informs the amendments are forthcoming.

072

John Powell

AT&T Wireless. Introduces Kevin Martin. Testifies in support of SB 938. Explains the allowances and provision of the bill. Informs of the work to address the concerns of the opposition on the measure. Explains the bill will allow for modification and co-location of cell towers. Defers to Mr. Martin.  

127

Kevin Martin

Land-use Consultant, AT&T Wireless. Testifies in support of SB 938. Explains that new codes are restrictive and require more design. States the regulations prevent carriers from co-locating and modifying towers and result in carriers building entirely new towers.

162

Carrie MacLaren

1,000 Friends of Oregon. Submits written testimony (EXHIBIT B). Testifies on SB 938 and notes she has not seen amendments. Lists the concerns of 1,000 Friends. Voices concerns for potential impact on farm operations and the agricultural land base. 

201

Vice-chair Burdick

Asks if 1,000 Friends anticipates resolution.

203

MacLaren

States that is the intention of 1,000 Friends.

207

Dave Barrenburg

League of Oregon Cities (LOC). Introduces his colleagues.

220

Bob Clay

Chief Planner, City of Portland. Testifies in opposition to SB 938 and lists concerns (EXHIBIT C). Speaks on section three of the bill and its implications on cities. Believes the bill is “poorly worded” and will result in “bad public policy.” Informs of Portland’s zoning code regarding cell towers. Speaks on land-use review processes in Portland. Determines the best approach is a design review process and believes the bill is unclear in its outlay. States the bill is “badly written”.   

329

Sen. Fisher

Refers to Mr. Clay’s use of the word “disastrous” and questions if the bill is “disastrous” from a design prospective.

331

Clay

Responds it is with regard to design guidelines and aesthetic considerations.

333

Sen. Fisher

Requests the safety concerns.

335

Clay

Responds that those issues are dealt with at the permit stage and are not necessarily part of the land-use approval status.

347

Sen. Fisher

Questions what “disastrous” connotes.

353

Clay

Responds with the Portland’s determination of the urban design consideration.

365

Sen. Fisher

Clarifies his statement.

367

Clay

Responds with how the city has addressed cell tower citing for years.

382

Vice-chair Burdick

Asks Mr. Clay if he has seen the -2 amendments.

386

Clay

Negates.

388

Vice-chair Burdick

Asks if Mr. Clay will be in contact with the proponents once he obtains them.

390

Barrenburg

Affirms and adds that co-location of cell towers is a common interest, but the opponents wish to ensure there is no adverse or unintended impact.

400

Art Schlack

Association of Oregon Counties (AOC). Testifies in SB. Voices concern for definition of modification allowing for an increase in height and “footprint” of the structure.

 

TAPE 111, A

025

Vice-chair Burdick

Closes public hearing on SB 938.

028

Jim Stembridge

Reasons HB 3328A must be carried over because a quorum will not be available.

033

Vice-chair Burdick

Adjourns meeting at 2:10 PM.

 

EXHIBIT SUMMARY

 

A – HJM 10, -2 amendments (7/31/03), Staff, 1 p

B – SB 938, written testimony, Carrie MacLaren, 1 p

C – SB 938, written testimony, Bob Clay, 2 pp.