HOUSE COMMITTEE ON LAND USE

 

 

May 09, 2005 Hearing Room 50

1:30 P.M. Tapes  87 - 90

Corrected 10/14/05

MEMBERS PRESENT:            Rep. Bill Garrard, Chair

Rep. Gordon Anderson, Vice-Chair

Rep. Mitch Greenlick, Vice-Chair

Rep. Robert Ackerman

Rep. Mary Nolan

Rep. Patti Smith

Rep. Mac Sumner

 

STAFF PRESENT:                  Sam Litke, Committee Administrator

Lindsay Luckey, Committee Assistant

 

 

MEASURES/ISSUES HEARD:

SB 857 A – 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 87, A

002

Chair Garrard

Calls the meeting to order at 1:54 p.m. and opens a public hearing on SB 857A.

SB 857 A – PUBLIC HEARING

036

Sen. Joanne Verger

SD 5.  Submit and reads a prepared statement in support of SB 857 (EXHIBIT A).

135

Michael Graybill

Manager, South Slough National Estuarine Research Reserve (SSNERR).  Begins PowerPoint presentation (EXHIBIT B).  Defines and describes estuaries in Oregon.

152

Graybill

Details the origins of the (SSNERR).

188

Graybill

Continues PowerPoint presentation (Page 3, EXHIBIT B).

220

Graybill

Continues PowerPoint presentation (Page 4, EXHIBIT B).

285

Graybill

Continues PowerPoint presentation (Page 5, EXHIBIT B).

315

Graybill

Continues PowerPoint presentation (Page 6, EXHIBIT B).

324

Graybill

Continues PowerPoint presentation (Page 7, EXHIBIT B).

375

Graybill

Continues PowerPoint presentation (Page 8, EXHIBIT B).

TAPE 88, A

008

Chair Garrard

Asks what the amendments changed from the original bill.

010

Graybill

Explains the effect of the amendment and its effect on the boundary line.

033

Rep. Sumner

Asks if a specific parcel of land is privately owned and has a willing seller.

 

Graybill

Responds that some of the land in question is in private ownership, the other in public ownership.  Adds that the change of the line will give the South Slough management legal authority to negotiate with property owners.

065

Nikki Whitty

County Commissioner, Coos County.  Submits written testimony (EXHIBIT C) and speaks in support of SB 857.

 

Rep. Greenlick

Asks for the opinion of the Coos County commission.

 

Whitty

Reports that the county commissioners are not in agreement.

 

Rep. Greenlick

Asks for the number of county commissioners.

 

Whitty

Responds that there are three.

080

Ann Hanus

Director, Department of State Lands and Chair, South Slough Management Commission.  Submits and highlights points in written testimony in support of HB 857 (EXHIBIT D).

 

Chair Garrard

Notes information that if the expansion does not take place, the grant money will go elsewhere and asks if she knows where the grant money goes.

 

Hanus

Responds that the money will be used for estuaries outside the state of Oregon.

109

Diana Younker

Coos County.  Speaks in support of SB 857.

147

Marvin Caldera

President, ILWU Local 12 Port of Coos Bay.  Submits and reads from a prepared statement in opposition to SB 857 testimony (EXHIBIT M).

 

Chair Garrard

Asks how many people Caldera represents.

 

Caldera

Reports he represents about 100 people.

 

Rep. Greenlick

Asks about the position of the organization on the boundary.

 

Caldera

Responds they do not want the boundary to be moved.

180

Frank Williams

Coos County Citizen’s Caucus.  Submits and reads written testimony in opposition to SB 857 (EXHIBIT E).

250

Rep. Greenlick

Asks if he would have a problem with private property owner selling their land to the estuary.

 

Williams

Responds it is their right and discusses issues of the area. 

290

Chair Garrard

Asks for an example of a taking of land in this situation.

 

Williams

Responds he can not give an example but discusses other issues.

309

Rep. Anderson

Asks how large the South Slough is now.

 

Williams

Gives estimate.

 

Rep. Anderson

Asks how much they are considering adding.

 

Ruth Barker

Coos County.  Discusses conversations with the county tax assessor and reports there is not a definitive number.

 

Rep. Anderson

Asks for an estimate.

 

Barker

References the map.

328

Barker

Submits written testimony and speaks in opposition to SB 857 A (EXHIBIT F).  Announces her appearance of behalf of 9 others unable to attend and references their testimonies included in the packet of information (EXHIBIT F).

TAPE 87, B

026

Rep. Greenlick

Asserts that school funding will be the same regardless of this outcome.

 

Barker

Reports her awareness of this.

 

Rep. Greenlick

Notes inclusion in her packet of the National Oceanic and Atmospheric Administration (NOAA) Ocean and Coastal Research Management Regulations and asks if those regulations would be in place even if there wasn’t the South Slough management area.

 

Barker

Responds she believes it says it is for the estuary.

 

Rep. Greenlick

Restates his question.

 

Barker

Reports she is unsure.

049

Graybill

Reports on NOAA’s jurisdiction.

 

Rep. Greenlick

Verifies that if the South Slough were not there, these regulations would not apply.

 

Graybill

Confirms this.

066

John Griffith

County Commissioner, Coos County.  Submits an informational packet and speaks in opposition to SB 857 (EXHIBIT G). 

081

Griffith

Reviews legislative history of South Slough issues.  Responds to previous testimony and references letters in opposition to SB 857 included in his packet of information.

187

Rep. Ackerman

Asks Griffith what private property rights are impaired by the movement of the boundary line.

 

Griffith

Outlines his concerns and impaired usages of private land.

215

Rep. Ackerman

Verifies that the bill does not compel private property owners to sell land against their will.

 

Griffith

Confirms this.

 

Chair Garrard

Asks how much tax money the land in question is producing currently.

 

Griffith

Responds that he does not know and comments that much of the land is forest land.

242

Thomas H. Younker

Coquille Tribe, Coos County.  Contiguous neighbor of the South Slough Estuary.  Speaks in support of SB 857.  Responds to previous testimony.  Relays the support of the tribe for SB 857.  Describes the possibility of future plank houses and elaborates on possible revenue raising opportunities. 

399

Rep. Anderson

Asks with 4700 acres if it would be possible to build his plank houses within those areas.

 

Younker

Describes the possibilities and notes he will pursue his plans regardless but would prefer the proposed area.

TAPE 88, B

014

Rep. Anderson

References the Attorney General opinion on navigability and discusses kayak use in their area.

 

Younker

Describes the problem of wind for people to use the area.

032

David Ford

Coos County.  Speaks in support of SB 857.  Responds to earlier criticisms and makes comments about eminent domain.

 

Chair Garrard

Asks if the interest goes to the school fund through the Division of State Lands.

050

Ford

Responds that it does not go back into the account itself but accrues.  Discusses benefits of expansion.

066

Anne Donnelly

Coos County.  Lives on property adjacent to South Slough.  Speaks in support of SB 857.  Describes their interest in selling their land to South Slough and their inability to do that without SB 857.  Responds to earlier testimony.  Notes that Port of Coos Bay has submitted their support with one concern.  Discusses possible interest of South Slough to acquire more land.

141

Rep. Anderson

Asks if their property is inside the estuary currently.

 

Donnelly

Responds that they are adjacent.

 

Rep. Anderson

Verifies that they would like to sell their property eventually.

 

Donnelly

Responds affirmatively.

 

Chair Garrard

Asks if the land has to be sold concurrently.

 

Donnelly

Responds negatively.

 

Chair Garrard

Asks about the shores of the estuary.

 

Donnelly

Discusses the importance of the shoreline.

 

Chair Garrard

Restates his question.

 

Donnelly

Responds affirmatively.

 

Chair Garrard

Verifies a hypothetical situation.

 

Donnelly

Responds affirmatively.

182

Rep. Anderson

Asks if the estuary must be designated as such for federal government to purchase property or if they can be purchased piecemeal.

 

Donnelly

Outlines the two types of legal issues.

 

Rep. Anderson

Asks Younker if his tribe operates the casino in Coos Bay.

 

Younker

Responds affirmatively.

 

Rep. Anderson

References earlier testimony and asks if the tribe has considered putting down money instead of the state.

 

Younker

Responds he cannot speak for the finances of his tribe and reiterates his plans.

234

Cam Parry

Resident, business operator, Coos County.  Speaks in support of SB 857 and relays its beneficial effects. 

296

Susan P. Smith

Coos County.  Submits written testimony in support of SB 857 (EXHIBIT H).

312

Paul L. Van Natta

Coos County.  Speaks in support of SB 857.  Stresses that there must a be  willing seller and must have a willing buyer with overview.  Submits brief written testimony (EXHIBIT N).

358

Rep. Greenlick

Asks if all the land inside the current boundary is owned by the reserve.

 

Van Natta

Responds negatively.

 

Rep. Greenlick

Verifies that there will be public and private land inside the new boundary.

 

Vannatta

Confirms this.

 

Rep. Anderson

Asks Parry about earlier testimony and asserts he would be able to sell his land.

 

Parry

Corrects to say that he could not sell to the South Slough if he wanted to.

 

Rep. Anderson

Asks about Parry’s land.

 

Parry

States he is restricted from selling his land to South Slough.

 

Rep. Anderson

Verifies he could sell it for the same purpose.

 

Parry

Agrees, stating he could sell to the nature conservancy.

TAPE 89, A

006

Norma VanNatta

Coos County.  Speaks in support of SB 857.  Raises point about permitted residential development.  Submits written testimony in support of SB 857 (EXHIBIT O).

030

Rich Hamel

Coos County, Resident.  Notes membership in Friends of South Slough and public representative of the South Slough Management team, but testifying as a citizen. Submits written testimony in support of SB 857 (EXHIBIT I).  Discusses importance of protecting the Slough.

 

Chair Garrard

Asks if he would be in favor of a golf course in that area.

 

Hamel

Responds he would be in favor of a specific golf course but expresses concern for inappropriately placed golf courses. 

082

Chair Garrard

Asserts that Hamel’s opinion gives weight to the opponent’s argument.

 

Hamel

Clarifies his testimony.

 

Chair Garrard

Reviews what the opponents are saying and states that Hamel is confirming this by saying they will restrict development.

 

Hamel

Relays his understanding is that nothing will change with regard to authority in South Slough.

105

Van Natta

Clarifies Hamel’s testimony.

 

Chair Garrard

Relays Hamel’s testimony and comments.

 

Hamel

Disagrees.  Responds again.

170

Patricia Kunz

Coos County.  Reads a letter on behalf of her husband in opposition to SB 857 (EXHIBIT J).

198

James F. Galten

Coos County.  Speaks in opposition to SB 857.  Submits written testimony and a map (EXHIBIT K).

280

Galten

Continues testimony. 

400

Daniel Varoujean

Coos County.  Submits written testimony in opposition to SB 857 (EXHIBIT L).  Stresses that the reserve is a research reserve not the other reasons mentioned in testimony.  Raises issue of “willing seller”.

TAPE 90, A

050

Varoujean

Continues testimony.  Stresses industrial and commercial industries should be allowed in bay to bring in revenue.

 

Chair Garrard

Closes the public hearing on SB 857 and adjourns the meeting at 4:20 p.m.

 

 

EXHIBIT SUMMARY

 

  1. SB 857, written testimony, Sen. Joanne Verger, 3 pp
  2. SB 857, PowerPoint presentation, Michael Graybill, 8 pp
  3. SB 857, written testimony, Nikki Whitty, 1 p
  4. SB 857, written testimony and maps, Ann Hanus, 9 pp
  5. SB 857, written testimony, Frank Williams, 1 p
  6. SB 857, written testimony, Ruth Barker, 19 pp
  7. SB 857, packet of information, John Griffith, 29 pp
  8. SB 857, written testimony, Susan P. Smith, 1 p
  9. SB 857, written testimony, Rich Hamel, 3 pp    
  10. SB 857, written testimony, Patricia Kunz, 1 p
  11. SB 857, written testimony and map, James F. Galten, 2 pp
  12. SB 857, written testimony, Daniel H. Varoujean II, 3 pp
  13. SB 857, written testimony, Marvin Caldera, 1 p
  14. SB 857, written testimony, Paul Van Natta, 1 p
  15. SB 857, written testimony, Norma Van Natta, 1 p