HOUSE COMMITTEE ON GENERAL GOVERNMENT

 

April 14, 2005 Hearing Room B

8:30 A.M. Tapes  40 - 41

 

MEMBERS PRESENT:            Rep. Vicki Berger, Chair

Rep. Peter Buckley, Vice-Chair

Rep. Mac Sumner Vice-Chair

Rep. Kevin Cameron

Rep. Sal Esquivel

Rep. Larry Galizio

Rep. Brad Witt

 

STAFF PRESENT:                  Caralyn Fischer, Committee Administrator

Jania Zeeb, Committee Assistant

 

MEASURES/ISSUES HEARD:        

HJR 32 – Public Hearing

HB 3265 – 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

003

Chair Berger

Calls the meeting to order at 8:34 a.m. and opens a public hearing on HJR 32.

HJR 32 – PUBLIC HEARING

008

Rep. Brad Avakian

House District 34.  Testifies in support of HJR 32.  Talks about the historical documents that are contained in the State Archives building. 

043

Rep. Cameron

Comments on his tour of the State Archives building. 

055

Chair Berger

States that she is a member of the Capitol Foundation.  Comments on what she is envisioning the exhibit to be like. 

063

Rep. Avakian

Responds that Chair Berger is describing the vision for the exhibit well.

065

Rep. Buckley

Comments that this is a fantastic idea.

070

Dave Henderson

Legislative Administrator.  Comments that the Capitol Foundation has had discussions about having a historian in the capitol.  States that HJR 32 would fit well with the mission of the foundation.

081

Chair Berger

Closes the public hearing on HJR 32 and opens a public hearing on HB 3265.

HB 3265 – PUBLIC HEARING

085

Cara Fischer

Committee Administrator.  Summarizes HB 3265.

110

Amanda Rich

Special Districts Association of Oregon.  Testifies in support of HB 3265.  Submits prepared testimony with informational material regarding HB 3265 (EXHIBIT A).

179

Rich

Gives the example of the Tualatin Valley Fire District. 

195

Rich

Discusses the fees charged by the boundary commission. 

205

Rich

Comments on the services from the Lane County Boundary Commission.  Discusses why the special districts brought HB 3265 to the legislature. 

225

Rich

Talks about the changes Tri-Met wants, and states that the Special Districts support those amendments.

239

Rep. Galizio

Asks about the policy implementation and comments on the language used.

246

Rich

Responds that language is understood in the context of the entire set of policies.  Gives an example. 

260

Rep. Galizio

Comments on the debate in his district.  Asks if she is arguing that the status quo where there is no boundary commission is fine.

270

Rich

Responds that she does not think the status quo is working.  Comments that she is a part of the group that is working on what is happening in Rep. Galizio’s district.

286

Rep. Galizio

Asks if in the Lane County area there have been difficult annexation issues.

295

Rich

Answers that she is not sure if you can draw that conclusion.  States that they have run into opposition.

313

Rep. Buckley

Wants clarification on the process a district would have to go through.  Asks if she can explain the hierarchy involved.

325

Rich

Answers that the process is complicated.  Gives an example of Junction City. 

350

Rep. Buckley

Inquires if there is a person from the League of Oregon Counties or from Lane County to testify on HB 3265.

353

Chair Berger

Responds that we do not, but states who is at the meeting to talk.  Asks about the fees and if there are fees for both the boundary commission and the county.

364

Rich

Answers that there are fees from both from the boundary commission and the county.

386

Rep. Debbie Farr

House District 14.  Testifies in opposition to HB 3265.  States that she has concerns with the boundary commission, but that the commission should be allowed to deal with the problem on their own. 

420

Rep. Terry Beyer

House District 12.  Testifies in opposition to HB 3265.  Comments on how this has effected her district.  States that the commission serves its purpose and has helped in the community

TAPE 41, A

013

Rep. Buckley

Asks if she can briefly explain the benefits of the boundary commission.

015

Rep. Beyer

Answers that she cannot get into the details, but comments on her personal experience with the boundary commission.

026

Rep. Paul Holvey

House District 8.  Testifies in opposition to HB 3265.  Comments on the need for the boundary commission.  Comments that the boundary commission is something that the people of the area want to have. 

070

Rep. Esquivel

Asks who the commission is accountable to.

074

Rep. Holvey

Answers that they are accountable to the county, the city and the local people, but they are appointed by the governor.

077

Rep. Esquivel

Inquires if local people participate in the selection of the boundary council.

080

Rep. Holvey

Concurs.

095

Rep. Esquivel

Comments that he is trying to figure out how this works, because most counties do not use this system.

100

Rep. Holvey

Discusses the history of the boundary commission.

114

Rep. Beyer

States that she thinks the best person to answer these questions is the representative of the boundary commission.  Comments on how the boundary commission members are chosen. 

125

Chair Berger

Comments on how the Salem Keizer area is handling these kinds of issues without a commission.

138

Rep. Holvey

Acknowledges that there is more than one way to handle these issues.

152

Paula Taylor

Executive Officer, Lane County Boundary Commission.  Discusses the commission, and how the fees are determined.  States that the county does not collect any fees, and is not involved unless it is a major boundary change.  Submits a letter for the Hazedell Rural Fire District in opposition to HB 3265 (EXHIBIT C).

248

Taylor

Comments on the example Ms. Rich gave of the people in the park district and how she has been involved in the process.

274

Taylor

Talks about how the boundary commission reviews proposals. 

281

Taylor

Gives information on what the boundary commission determined in the Springfield fire district annexation.

293

Rep. Buckley

Asks who is responsible for the development of this comprehensive plan.

295

Taylor

Responds that the plan was developed and adopted by Lane County, the City of Eugene, and the City of Springfield; it is also acknowledged by the State of Oregon.

300

Rep. Esquivel

Inquires about the smaller communities in the area.

308

Taylor

Explains that each city has its own comprehensive plan. 

330

Taylor

The boundary commission acknowledges that things have changes and that the administrative rules might need some review.

339

Taylor

Explains how the process of formation works in Lane County and how the boundary commission is a part of that process.

392

Taylor

Comments that the boundry commission has not taken a position on HB 3265.

398

Rep. Buckley

Inquires if there is an appeals processes.

403

Taylor

Responds that the decisions are appealed to the court of appeals.

406

Rep. Esquivel

Asks if the municipalities determines their urban growth district (UGB) or if the boundary commission determine it.

410

Taylor

Answers that the boundary commission has no authority over UGB establishment, discusses the way the boundary commission deals with the UGB.

TAPE 40, B

008

Rep. Esquivel

Inquires if with annexations this goes through the boundary commission and then goes to the city for a vote.

011

Taylor

Explains the annexation process, and discusses the cities role and the boundary commissions role. 

023

Chair Berger

Asks about assessments.  Inquires if Ms. Taylor is paid, and how many people work for the boundary commission.

033

Taylor

Answers that the boundary commission is a state agency, and gives information of who they contract with for their services.  States that there is only one staff.

049

Chair Berger

Inquires if the commissioners are paid.

050

Taylor

Responds that they are not.  Gives information about the budget. 

066

Chair Berger

Asks what the approximate yearly budget is and if the income is derived from assessments and fees. 

067

Taylor

Answers that the budget is around $100,000 and about 60 percent of the budget is from assessments, 40 percent is from fees.

070

Rep. Sumner

Asks if she believes that she could do the job she is doing, with the same level of quality, if she was a county employee.

077

Taylor

Responds that it would be difficult to provide the same level of service through the county structure with its financial difficulties. 

093

Jason Heuser

City of Eugene.  Submits prepared testimony in opposition to HB 3265 (EXHIBIT B).  States that the City of Eugene has gotten good service from the boundary commission.  Comments on a study by Congress on boundary commissions.

139

Chair Berger

Comments on a bill regarding a library district in Lane County

149

Kurt Yeiter

City of the Eugene.  Testifies in opposition to HB 3265.  Comments on the good service from the boundary commission.  Discusses the case regarding the Springfield fire district and how the boundary commission provides a neutral forum for discussions. 

197

Yeiter

Comments on special districts.

205

Yeiter

Discusses the part in the bill that would send some of the documents to the State Archives building and the impact that has on the City of Eugene. 

217

Chair Berger

Asks if that information is provided by the Lane Council of Governments.

219

Taylor

Answers that it is not. 

202

Chair Berger

Asks if the boundary commission keeps all public records.

223

Taylor

Comments on the information that is kept by the boundary commission.

233

Chair Berger

Inquires if the county is responsible for keeping track of boundary lines inside the county.

237

Taylor

Concurs.

241

Yeither

Comments on the process for annexation.

251

Rep. Esquivel

Asks if the commission allows multiple annexation to property owners for one fee.

256

Yeiter

Responds that the city charges one fee per annexation.

260

Rep. Esquivel

Asks if they have to pay two fees.

261

Yeiter

Concurs.

263

Rep. Buckley

Asks in the case of conflicting comprehensive plans who is responsible to work out the conflicts.

266

Taylor

Responds that she is trying to think of when they have had conflicting plans.  Gives an example of the Lane Library special district. 

270

Rep. Buckley

Inquires if they have encountered that situation.

280

Taylor

Concurs.

284

Rep. Sumner

Inquires if the Boundary Commission has an active role in determination of pubic policy. 

292

Yeiter

Responds by discussing the role of the Boundary Commission in public policy.

310

Fischer

Questions impact of property tax compression on local school districts.

320

Yeiter

Answers that he might have misspoken, and it is a special levy for after-school programs that was referred to.

The following material is submitted for the record without public testimony.

 

Joan Lowe

McKenzie Fire and Rescue.  Submits prepared testimony in opposition to HB 3265 (EXHIBIT D).

 

Nam Heim

Tri-Met.  Submits prepared testimony regarding HB 3265 (EXHIBIT E).

329

Chair Berger

Closes the public hearing on HB 3265 and adjourns the meeting at 11:06 a.m.

 

 

EXHIBIT SUMMARY

 

  1. HB 3265, prepared testimony and informational material, Amanda Rich, 10 pp
  2. HB 3265, prepared testimony, Jason Heuser, 2 pp
  3. HB 3265, letter, Paula Taylor, 1 p
  4. HB 3265, prepared testimony, Joan Lowe, 1 p
  5. HB 3265, prepared testimony, Nan Heim, 1 p