SENATE COMMITTEE ON ENVIRONMENT & LAND USE
February 11, 2005 County Commissions Building, Hood River
10:00 A.M. Tapes 19 - 22
MEMBERS PRESENT: Sen. Charlie Ringo, Chair
Sen. Roger Beyer
Sen. Frank Shields
MEMBER EXCUSED: Sen. Jason Atkinson
Sen. Ginny Burdick
MEMBERS VISITING: Rep. Patti Smith
STAFF PRESENT: Matt Shields, Committee Administrator
Katie Lowry, Committee Assistant
MEASURES/ISSUES HEARD:
Understanding Measure 37 – Public Hearing
Introduction of Committee Measures – 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.
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TAPE/# |
Speaker |
Comments |
|
TAPE 19, A |
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|
005 |
Chair Ringo |
Calls meeting to order at 10:07 a.m. Makes opening remarks and introduces committee members. States goals for committee meeting. Opens public hearing on Understanding Measure 37. |
|
UNDERSTANDING MEASURE 37 – PUBLIC HEARING |
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|
045 |
Sydney Blaine |
Farmer, Parkdale. Introduces herself. Submits informational packet which includes written testimony, list of Hood River County Ordinances and Resolutions, and an article (Exhibit A). Highlights written testimony. |
|
100 |
Chair Ringo |
Asks witness to explain why houses or developments surrounding farm land make it more difficult to farm. |
|
105 |
Blaine |
Explains complaints from non-farm neighbors. Describes why it makes farming more difficult. Explains that the farm base is also lost. |
|
120 |
Eric Burnette |
Resident, Hood River County. Submits and highlights written testimony (Exhibit B). |
|
155 |
Chair Ringo |
Asks for clarification of what is meant by a “seat at the table.” |
|
157 |
Burnette |
Clarifies and continues testimony. Continues highlighting testimony (EXHIBIT B, Page 2). |
|
190 |
Chair Ringo |
Asks question regarding proposed public vote. |
|
192 |
Burnette |
Explains. |
|
195 |
Chair Ringo |
Points out that there probably won’t be compensation because there isn’t any money. |
|
197 |
Burnette |
States that Hood River County is cash poor but asset rich. Thinks that it is a discussion that needs to happen. |
|
205 |
Sen. Beyer |
Refers to the five points in testimony (EXHIBIT B, Page 2). Asks how many of these five points has happened in Hood River County and how many the county has adopted. |
|
210 |
Burnette |
Explains in detail that all five could be done in Hood River County. |
|
220 |
Sen. Beyer |
Asks if Hood River County has done any of these. |
|
221 |
Burnette |
Responds that he has not been officially notified that there is a claim adjacent to his property. Discusses 180 day timeline and neighbor’s rights. |
|
240 |
Chair Ringo |
Asks if witness’ property is immediately adjacent to the Benton’s property. |
|
242 |
Burnette |
Explains that it is either adjacent or nearby, but is well within the 1,500 foot perimeter. |
|
245 |
Chair Ringo |
Asks if witness has a farming operation. |
|
250 |
Burnette |
Responds, no. Explains that if he wants to sell his property, he will have to notify the buyer of the uncertainty of the surrounding land. |
|
253 |
Sen. Beyer |
Verifies that he would have to notify any potential buyer of the uncertainty. |
|
255 |
Burnette |
Responds, yes. |
|
260 |
Blaine |
Believes that realtors have to inform buyers if there is a claim in the process. |
|
261 |
Chair Ringo |
Reminds Sen. Beyer that there was a hearing held where realtors wanted to change the disclosure statement on a contract, including the subject property and also knowledge of neighboring properties. |
|
263 |
Sen. Beyer |
Believes that the change in notice states that there may be a Measure 37 claim. |
|
270 |
John Benton |
Resident, Hood River. Submits written testimony (Exhibit C). Gives background on orchard property and explains that he hasn’t been making money in Hood River since 1971. Answers question regarding where Burnette’s property is relative to Benton’s Measure 37 claim property. Discusses issue of non-farming houses close to farms and explains that a farmer cannot be insured for what happens outside of property lines. |
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TAPE 20, A |
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|
020 |
Benton |
Reads testimony (EXHIBIT C, Page 1). |
|
060 |
Chair Ringo |
Asks if he has been receiving farm deferral on taxes. |
|
065 |
Benton |
Responds, yes. |
|
066 |
Chair Ringo |
Asks opinion of why he was receiving farm deferral. |
|
067 |
Benton |
Explains. |
|
070 |
Chair Ringo |
Questions if witness owes that money back if he takes his land out of farming now. |
|
071 |
Benton |
Addresses issue of back taxes. Explains that he farmed every year that he received a farm deferral on his taxes. |
|
078 |
Chair Ringo |
Verifies that witness purchased land from father in 1977. |
|
080 |
Benton |
Responds, yes. |
|
081 |
Chair Ringo |
Asks if witness was intending to farm when he purchased the land. |
|
082 |
Benton |
Responds, yes. |
|
085 |
Chair Ringo |
Explains that some people have purchased property with a specific investment expectation for the property. Suggests that is not what happened to witness. Explains that he still has the ability to grow pears on the property. |
|
090 |
Benton |
Explains that he hasn’t made a living since 1996 and cannot do anything else with the property. |
|
095 |
Chair Ringo |
Comments that other people are able to make a living farming. |
|
097 |
Benton |
Asserts that those people have another source of income. |
|
100 |
Sen. shields |
Asks what kind of profit the witness would make if he received the 57 million dollars from the Measure 37 claim. |
|
105 |
Benton |
Explains figures. |
|
112 |
Sen. Shields |
Verifies amount per acre being asked. |
|
115 |
Benton |
Confirms number. |
|
116 |
Sen. Shields |
Discusses profits and neighbors situation. |
|
120 |
Benton |
Discusses history of land, agriculture market and imports, and current effect on farming. |
|
145 |
Marilyn Reeves |
Resident, Yamhill County. Submits informational packet which includes written testimony, newspaper articles, and a letter to Yamhill County Commissioners (Exhibit D). Explains how Yamhill County is implementing Measure 37 claims. Discusses notification of neighbors process. Submits and refers to recent headlines from local newspapers (EXHIBIT E). Discusses public notification and explains that Measure 37 is silent on this issue. Remarks that people are not sure what to do with claims. Asks committee to deal with wording in Measure 37: “remove, modify or not apply.” |
|
235 |
Sen. Beyer |
Wonders if notification for Measure 37 claims is required under Measure 56. |
|
240 |
Reeves |
Points out that this requirement is part of the land use laws that are not applicable under Measure 37. |
|
250 |
Mike McCarthy |
Farmer, Parkdale. Submits and reads written testimony (Exhibit F). Disagrees with what the farm economist says. Clarifies that he makes all of his income from farming with the exception of a small interest retirement account. Continues reading testimony (EXHIBIT F). Talks about issues with non-farming neighbors. Discusses adjacent properties and possibilities of Measure 37 claims. |
|
365 |
Chair Ringo |
Asks question about analysis of infrastructure costs. |
|
370 |
McCarthy |
Explains that he doesn’t believe any analysis has been done. |
|
375 |
Chair Ringo |
Wonders about homes being built, but no sewer, water or roads. |
|
380 |
McCarthy |
Comments that in some cases the cost is borne by contractors, but in other cases the costs are borne by general users of the water district, sewer district, etc. |
|
385 |
Rep. Patti Smith |
Represents House District 52. Refers to testimony (EXHIBIT F). Asks for example on how subdivisions would increase his costs. |
|
390 |
McCarthy |
Gives example involving time and cost of operations. |
|
400 |
Jack Mills |
Mt. Hood Railroad. Submits brochure (Exhibit G). Describes Hood River railroad tour and discusses connection to tourism. Urges committee to fix Measure 37. |
|
TAPE 19, B |
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|
035 |
Sen. Shields |
Wonders if witness could file a Measure 37 claim if railroad was shut down due to other Measure 37 claims. |
|
040 |
Mills |
Remarks that they probably could. |
|
045 |
Kay Finney |
Resident, Corbett. Submits written testimony (Exhibit H). Asks committee to uphold the intention of Measure 37. Shares history of personal property and why she supported Measure 37. Explains that she doesn’t want to subdivide and doesn’t want compensation, she just wants to be able to build on her property. Comments that Multnomah County can make any change they want on land without notification. |
|
065 |
Chair Ringo |
Explains that he strongly opposed Measure 37 but believes that the land use system has been very inflexible. Clarifies that she bought the land with a specific intention in mind and then Multnomah County stepped in and changed the rules on her. Clarifies that she supported Measure 37 because she wanted to fix her own situation not because she wants a lot of houses to be built in the Hood River Valley. |
|
070 |
Finney |
Acknowledges that she could see there would be a lot of controversy with Measure 37. Discusses HB 3315 (2003) which was a Lot of Record Bill. Believes the Lot of Record legislation was a fair remedy, but it never got a hearing in the Senate. |
|
100 |
Chair Ringo |
Comments that the legislature should have passed it. |
|
105 |
Finney |
Responds, yes. Asks committee to take another look at HB 3315 (2003). |
|
106 |
Chair Ringo |
Questions if witness can see that there are consequences to Measure 37 that are unfortunate. |
|
107 |
Finney |
Responds, yes. |
|
108 |
Chair Ringo |
Gives opinion of what should be done on Measure 37. Believes that the committee needs to address the reason Measure 37 passed. Discusses difference between Ms. Finney’s situation and Mr. Benton’s situation. |
|
118 |
Finney |
Acknowledges that there are other repercussions of Measure 37 because it is very broad. |
|
120 |
Chair Ringo |
Asks what repercussions the witness sees. |
|
122 |
Finney |
Articulates that it can’t solve every single land use problem or situation. Believes there are other factors that need to be considered. |
|
127 |
Chair Ringo |
Asks if witness believes that the state has an interest in protecting the farming economy. |
|
129 |
Finney |
Believes the farming economy is critical to this state. |
|
130 |
Sen. Beyer |
Asks if witness has filed a Measure 37 claim with Multnomah County. |
|
133 |
Finney |
Responds, not yet. Explains that she will if necessary, but has been waiting to see if there will be another remedy. |
|
135 |
Rep. P. Smith |
Asks if the state now has Measure 37 because the land use problems have not been fixed for the last 30 years. |
|
140 |
Finney |
Agrees and explains. Says that making properties like hers un-buildable at random is not land use planning. Remarks that there is not a reason that her property was deemed un-buildable. |
|
150 |
Chair Ringo |
Introduces Chris Crean, Counsel. |
|
155 |
Chair Ringo |
Asks witness if he believes that Ms. Finney was treated unfairly. |
|
160 |
Rick Blaine |
Farmer, Parkdale. Introduces himself. Remarks that he doesn’t know Ms. Finney’s situation. Conveys that he makes his living farming with no outside income. Explains that the orchards he farms have been purchased and paid for by their own income. Discusses success of the fruit industry in Hood River and the parallel to the adoption of SB 100 (1973) and the stability it provided in the exclusive farm use (EFUs) zones of Oregon counties. Describes importance of stability in capital for investors and the effect on farming. |
|
210 |
Sen. Beyer |
Suggests that his testimony is in conflict with itself because he said that acreage and production are increasing, but is concerned about packing houses not having anything to pack because of loss of acreage and loss of fruit. |
|
215 |
R. Blaine |
Explains reasons for concerns. |
|
225 |
Sen. Beyer |
Clarifies that witness said production is increasing in Hood River Valley. |
|
227 |
R. Blaine |
Confirms that it is increasing. |
|
225 |
Sen. Beyer |
Confirms that in order to sustain the industry more infrastructures will need to be built because Hood River Valley is in a process of growth, not reduction. |
|
235 |
R. Blaine |
Confirms that Hood River Valley is in a process of growth, however if lands are taken out of production, Hood River Valley will no longer be in a process of growth. |
|
240 |
Chair Ringo |
Clarifies concern. |
|
241 |
R. Blaine |
Addresses Benton property and productivity. |
|
245 |
Sen. Beyer |
Asks what the reduction percentage would be if the Benton property was taken out of production. |
|
250 |
R. Blaine |
Guesses about 10 percent less. |
|
251 |
Sen. Beyer |
Asks at what rate the industry has been growing. |
|
253 |
R. Blaine |
Believes that the land base in Hood River has not been growing. Believes it is the same that it has been for years. |
|
255 |
Sen. Beyer |
Acknowledges this, but clarifies that he means industry wide, which includes a larger area. |
|
260 |
R. Blaine |
Describes areas where new fruit orchards have been planted. |
|
265 |
Sen. Beyer |
Asks if witness can give an approximate land base of the region industry. |
|
270 |
R. Blaine |
Gives details of region. |
|
280 |
Sen. Beyer |
Asks if the land base has been increasing on both sides of the Columbia River or only on the Oregon side. |
|
285 |
R. Blaine |
Describes where industry has been increasing. |
|
286 |
Sen. Beyer |
Clarifies question. |
|
287 |
R. Blaine |
Describes where increase has occurred and where the fruit will go. |
|
293 |
Chair Ringo |
Discusses differences in testimony relating to whether or not farming is profitable. |
|
300 |
R. Blaine |
Comments that he doesn’t know. |
|
303 |
Chair Ringo |
Clarifies question. |
|
305 |
R. Blaine |
Believes there are parts of farming that are very profitable. Gives illustration regarding the cost of planting new orchards. |
|
315 |
Sen. Shields |
Refers to Washington state. Asks if there are any lessons to be learned from looking at Hood River County compared to across the Columbia River with reference to SB 100 (1973). |
|
330 |
R. Blaine |
Explains that his family farms in Washington. Describes limiting factors. Gives illustration. |
|
350 |
Sen. Shields |
Clarifies that he was more interested if the stability provided for by SB 100 (1973) was absent in Washington without the presence of SB 100 (1973). |
|
360 |
R. Blaine |
Confirms that it is mostly absent. |
|
375 |
Larry Martin |
Introduces himself. Submits and reads written testimony (Exhibit I). |
|
TAPE 20, B |
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|
010 |
Chair Ringo |
Asks if there is water readily available for houses that might be placed on Mr. Benton’s property. |
|
012 |
Martin |
Believes that it would be Mt. Hood water. |
|
013 |
Chair Ringo |
Asks if it is close by. |
|
014 |
Martin |
Explains that it is a combination of springs. |
|
015 |
Rita Swyers |
Resident, Hood River. Introduces herself. Submits and reads written testimony (Exhibit J). |
|
065 |
Chair Ringo |
Clarifies that this hearing is not about the Columbia Gorge Scenic Act. States that he is curious how Measure 37 and the Columbia Gorge Scenic Act intersect. |
|
075 |
Swyers |
States that the Friends of the Gorge would say that it will have no effect, however she believes that it will have an effect. |
|
076 |
Chair Ringo |
Explains that Measure 37 has a specific exception for federal regulations. |
|
080 |
Matt Shields |
Committee Administrator. States that the Department of Justice has not issued an official opinion on this subject. Explains. |
|
095 |
Michael Lang |
Conservation Director, Friends of the Columbia Gorge. Submits and reads written testimony (Exhibit K). Submits a memo provided to the Gorge Commission (Exhibit L). |
|
110 |
Chair Ringo |
Wonders if someone cannot make a Measure 37 claim because of the Columbia Gorge Scenic Act. |
|
113 |
Lang |
Informs that he will explain that in his testimony. |
|
115 |
Chair Ringo |
Verifies that it sounds like generally yes with some exceptions. |
|
116 |
Lang |
Gives details. Refers to (EXHIBIT L). Gives an illustration of a Measure 37 claim. |
|
170 |
Gary Kahn |
Land Use Counsel, Friends of the Columbia Gorge, Inc. Submits and reads written testimony (Exhibit M). |
|
240 |
Sen. Beyer |
Asks clarifying question regarding what land use regulations would be preempted. |
|
245 |
Kahn |
Clarifies. |
|
260 |
Sen. Beyer |
Asks who would be responsible for deeming ordinances part of the Columbia Gorge Scenic Act. |
|
263 |
Kahn |
Explains that is a matter for interpretation. Describes how it would be done based on how counties are currently dealing with Measure 37 claims. |
|
270 |
Wayne Lease |
Resident, Wasco County. Introduces himself. Submits and highlights written testimony (Exhibit N). Explains that there are people who have legitimate claims and those who are being unreasonable. |
|
340 |
Chair Ringo |
Wants to know more specifics on one of witness’ claims that he referenced. Asks when property was purchased. |
|
342 |
Lease |
Responds 1991. |
|
343 |
Chair Ringo |
Asks if it was a bare piece of land. |
|
345 |
Lease |
Responds yes and explains. |
|
346 |
Chair Ringo |
Asks if it was in an industrial development. |
|
355 |
Lease |
Responds no. Explains it was in a residential area. |
|
356 |
Chair Ringo |
Verifies that it was platted for residential. |
|
357 |
Lease |
Responds yes. |
|
358 |
Chair Ringo |
Verifies that witness purchased property with the express intention of building on it someday. |
|
359 |
Lease |
Responds yes and explains. |
|
360 |
Chair Ringo |
Remarks that this kind of situation is very common. Discusses reasons for support of Measure 37. |
|
365 |
Lease |
Confirms that he was frustrated with the bureaucracy. |
|
370 |
Chair Ringo |
Asks what witness would have this legislature do with Measure 37. |
|
375 |
Lease |
Explains what he would like the legislature to do. |
|
380 |
Chair Ringo |
Verifies that witness would have the legislature move the land use system down to the county level. |
|
382 |
Lease |
Confirms this. |
|
385 |
Chair Ringo |
Remarks that then the Hood River County Commission is the one who would tell Mr. Benton what can be done with his property. |
|
386 |
Lease |
Believes that appellate needs to be involved. |
|
387 |
Chair Ringo |
Verifies that witness believes there should be state sideboards. |
|
390 |
Lease |
Confirms this. Gives reasons for filing Measure 37 claims. |
|
405 |
Jean Pekarek |
Resident, Enterprise. Submits informational packet including pictures, letters, area map, and a copy of a petition addressed to Governor Ted Kulongoski for the protection of the Marr Property and Old Chief Joseph’s Cemetery (Exhibit O). Describes first Measure 37 claim in Wallowa Lake Basin. Gives history of Wallowa Lake Basin. |
|
TAPE 21, A |
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|
050 |
Chair Ringo |
Asks about Measure 37 claim. |
|
051 |
Pekarek |
Describes claim. Conveys that the Nez Perce tribe is analyzing the effect Measure 37 may have on the tribe’s treaty rights and land holdings. Conveys concerns outlined in a letter to Governor Ted Kulongoski (EXHIBIT O, Page 5). |
|
070 |
Chair Ringo |
Mentions if the Nez Perce want to send the committee an analysis, they are welcome to send it to committee staff. |
|
075 |
Sen. Shields |
Asks where the Marr Property is in the picture. |
|
076 |
Pekarek |
Explains location. |
|
080 |
Chair Ringo |
Recesses committee for lunch at 12:05 p.m. |
|
081 |
Chair Ringo |
Calls meeting to order at 1:30 p.m. |
|
100 |
Gail Hagee |
Resident, Hood River. Gives history of owned property, and explains how building rights were taken away by an administrative rule. Expresses support for Measure 37, but states that she is more supportive of Measure 7. Expresses support for Lot of Record and believes that the county should have the final determination for who should develop their property and who should not. |
|
110 |
Chair Ringo |
Asks if she had buildable rights when property was purchased. |
|
111 |
Hagee |
Confirms this. |
|
112 |
Chair Ringo |
Asks what her intention was for building on the property. |
|
115 |
Hagee |
Explains that they wanted to farm until they got too old and then sell off the parcels for their retirement. |
|
118 |
Chair Ringo |
Asks how many parcels they could have sold. |
|
120 |
Hagee |
States that they have five parcels altogether. |
|
125 |
Chair Ringo |
Verifies that she was hoping to subdivide the property into the five parcels. |
|
128 |
Hagee |
Clarifies that the property was already divided. Explains that is why they paid a premium for their property. Conveys that they have done everything in their ability to make a profit. |
|
130 |
Sen. Beyer |
Asks if witness is still waiting for profit. |
|
131 |
Hagee |
Confirms this. |
|
135 |
Steven Andersen |
Consulting Land Use Planner, Cascade Planning Associates. Submits and reads written testimony (Exhibit P). |
|
185 |
Chair Ringo |
Asks if witness thinks that Measure 37 is well written. |
|
186 |
Andersen |
Believes the intent is well stated. |
|
190 |
Chair Ringo |
Asks if witness understands the difference between good intentions and what reality can be. |
|
191 |
Andersen |
Responds yes. Explains that it would be good if the legislature can fine tune Measure 37 to meet the intent better than the original framers. |
|
192 |
Chair Ringo |
Discusses issues with language in Measure 37. Asks if witness is okay with attempting to clarify meaning. |
|
200 |
Andersen |
Discusses reading of statutes. Believes that language might not be an issue because people can go to an attorney or a professional land use planner and receive assistance. |
|
205 |
Chair Ringo |
Remarks that there are a number of uncertainties raised with the language of Measure 37. |
|
220 |
John Sheppard |
Retired Farmer, Hood River Valley. Introduces himself. Discusses pear farming and value of farmland. Discusses prices of pears. Discusses labor market. Discusses conditional use permit. States that he plans to file a Measure 37 claim. Explains that he doesn’t want compensation but wants land use regulations waived. Explains reasons for support of Measure 37. |
|
300 |
Dan Ericksen |
Wasco County Judge and cherry grower. Addresses question from earlier regarding examples of land use planning and effects on farming in Washington. Gives an illustration of cherry orchards and spraying. Discusses spraying of orchards in Oregon and spray drift. Explains that if a farmer loses ability to spray crops, then the ability to market the fruit is also lost. Explains that the right to farm law in Oregon does not include spray drift. |
|
380 |
John Wilson |
Resident, O’Dell. WWII Veteran. Introduces himself. Explains that he has lived in the O’Dell area since 1964. Describes property, original surroundings and current surroundings. Explains that he wants to have his property included in the O’Dell township. Expresses support for Measure 37 but explains that he has not yet made a Measure 37 claim. |
|
TAPE 22, A |
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|
020 |
Sen. Beyer |
Asks where O’Dell is. |
|
021 |
Wilson |
Explains where O’Dell is located. |
|
030 |
Pasquale Barone |
Resident, Hood River County. Introduces himself. Urges committee to make sure there is involvement of the public in this process. Recognizes this is a complex situation. |
|
075 |
David Meriwether |
County Administrator, Hood River County. Introduces himself. Submits and highlights written testimony (Exhibit Q). Refers to questions within testimony asking for definitions (EXHIBIT Q). |
|
135 |
Chair Ringo |
Makes comment regarding uncertainties. |
|
140 |
Scott Franke |
Lawyer, owner of property, and President, Hood River Valley Residents Committee, Hood River County. Introduces himself. Submits articles (Exhibit R). Discusses reasoning for Measure 37. Urges legislature to review land use laws to create a fair balance. Urges committee to create a funding mechanism and to stop the 180 day timeline. |
|
205 |
Chair Ringo |
Discusses timeline. Discusses funding mechanism. Agrees that it is vital that the legislature act to address Measure 37. Believes that it is the responsibility of the legislature to address Measure 37. |
|
225 |
Franke |
Agrees that the funding mechanism is difficult to address. |
|
230 |
Chair Ringo |
States that not all potential funding sources are realistic. |
|
235 |
Cindy Walbridge |
Planning Director, City of Hood River. Introduces herself. Submits and reads written testimony (Exhibit S). |
|
295 |
Jeff Hunter |
Real Estate Broker, Hood River.
|
|
405 |
Chair Ringo |
Discusses how a claim is valued. Discusses long term effect. |
|
TAPE 21, B |
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|
005 |
Gary Harris |
Farmer, Madras. Submits and explains map titled “Oregon High Value Farmland Soils” (Exhibit T). Discusses what would happen if Measure 37 claims are allowed to take place in irrigation districts. Gives recommendations. |
|
130 |
Heather Blaine-McCurdy |
Orchardist, Hood River County. Introduces herself. Submits and reads written testimony (Exhibit U). Submits and refers to article entitled “Establishing and Producing High Density Pears in Hood River County.” (Exhibit V). Submits computer printed photos (EXHIBIT W). |
|
210 |
Willard Gaul |
Resident, Portland. Introduces himself. Owns property in the Columbia River Gorge. Expresses support for Measure 37. Gives background on himself. |
|
270 |
Gaul |
Explains that he is stuck with 46 acres in the Columbia River Gorge that he can’t do anything with because of conflict of interest between the Land Conservation and Development Commission (LCDC) and the Friends of the Gorge. |
|
280 |
Chuck Williams |
Resident, The Dalles. Introduces himself. Submits articles (Exhibit X). Discusses land use planning in the Columbia River Gorge. Explains that there are two standards with land use. Gives illustrations. Discusses compensation in the Columbia River Gorge. Suggests committee look at the California Coastal Commission Conservancy. Discusses acreage that he can no longer build on. Gives an example of inconsistency in land use planning system. |
|
355 |
Chair Ringo |
Asks if this is because of the Columbia River Gorge Scenic Act. |
|
356 |
Williams |
Responds no. Explains that he is under LCDC because he is outside of the Columbia River Gorge. Discusses building in the Columbia River Gorge. Urges committee to look at a conservancy. |
|
370 |
Chair Ringo |
Recognizes frustration and agrees that land use needs flexibility. |
|
375 |
Williams |
Suggests that committee look at the California Coastal Commission Conservancy. |
|
400 |
Peter Cornelisun |
Resident, Hood River. Introduces himself. Discusses unexpected consequences of Measure 37. Gives example involving the construction of a Super Wal-Mart in Hood River. |
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TAPE 22, B |
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|
015 |
Patrick Scallon |
Resident, Hood River Valley. Introduces himself. Explains that he has learned a lot from attending the public hearing. Discusses inequity and inflexibility of the land use system. Encourages committee to do what it takes to fix the problems. Explains that he came to Hood River by choice and explains why. |
|
075 |
Chair Ringo |
States that he will be meeting with Dave Hunnicutt from Oregonians In Action on Saturday, February 12, 2005. |
|
080 |
Jennifer Euwer |
Orchardist, Hood River.
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|
135 |
Sen. Shields |
Recognizes that she has invested a lot of money over several years in her orchards. Wonders if she could get back the investment in resources as well as the loss in property value if she filed a Measure 37 claim. |
|
150 |
Euwer |
Explains that she couldn’t get back the investment she has in her orchards. States that she has no intention of filing a Measure 37 claim because she wants to farm. Discusses the possibility of all of her neighbors filing Measure 37 claims. |
|
160 |
Sen. Shields |
States that it sounds like a system that can implode on itself. |
|
165 |
Bob Benton |
Resident, Hood River County. Introduces himself. Explains that his family farms in Hood River County. Explains that his family has invested over a million dollars. Shares intent of family to file a Measure 37 claim and reasons why. Explains that, according to the laws in place before Measure 37 passed, his family should have been able to develop the land and that the county just said no. Refers to SB 100 (1973). Asks what happened to the joint legislative committee that was supposed to be formed to come up with a way to compensate people who lost value because of rules and regulations. |
|
200 |
Chair Ringo |
Addresses question about joint legislative committee. Believes that it was discussed but never happened. |
|
213 |
B. Benton |
Believes that is why Oregon is where it is at today. |
|
210 |
Chris Crean |
Counsel. Explains that it did happen. Refers to ORS 197. Gives details of committee meetings and outcomes. |
|
220 |
B. Benton |
Asks if it no longer exists because of amendments. |
|
225 |
Crean |
Explains that it still exists in statutes but it has been awhile since anyone has been appointed to the interim committee. |
|
230 |
Gorham Blaine |
Farmer, Hood River Valley. Introduces himself. Urges committee to do something so that the courts do not decide the outcome. Explains that he has benefited from land use planning laws. |
|
253 |
Chair Ringo |
Asks what witness farms. |
|
255 |
G. Blaine |
States that he mostly farms pears with some apples and some cherries. Discusses farm industry and farm land value. Discusses agriculture market. Discusses that there are those who have benefited and those who have not from land use planning. Asks committee to balance out potential negatives and positives. |
|
305 |
Kate McBride |
Real Estate Agent and Resident, Hood River. Introduces herself. Discusses evaluation and appraisal questions. Discusses adding a sunset clause. |
|
345 |
Chair Ringo |
Discusses market for real estate and effect of Measure 37. |
|
352 |
Sen. Shields |
Asks if witness is saying that the value placed on a Measure 37 claim should be subject to appraisal. |
|
360 |
McBride |
Confirms this. Explains. |
|
365 |
Chair Ringo |
Talks about the process of appraisal evaluation. States that there is a workgroup of economists to figure out how to do appraisals. |
|
370 |
McBride |
Believes this is a good idea. |
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The following written testimony is submitted for the record without public testimony: |
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|
|
Jeff Hunter |
Resident, Hood River. Submits written testimony (EXHIBIT Y). |
|
|
Richard Kenward |
Resident, Hood River. Submits written testimony (EXHIBIT Z). |
|
|
Camille Hukari |
Orchardist, Hood River. Submits written testimony (EXHIBIT AA). |
|
380 |
Chair Ringo |
Closes public hearing on Understanding Measure 37 and opens work session on introduction of committee measures. |
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INTRODUCTION OF COMMITTEE MEASURES – WORK SESSION |
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|
381 |
Matt Shields |
Committee Administrator. Introduces Legislative Counsel (LC) drafts. Reads LC numbers and relating to clauses. Lists bills: LC’s: 2107 (EXHIBIT BB), 2108 (EXHIBIT CC), 2164 (EXHIBIT DD), 2184 (EXHIBIT EE), 2199 (EXHIBIT FF), 2511 (EXHIBIT GG), 2523 (EXHIBIT HH), 2596 (EXHIBIT II), 2737 (EXHIBIT JJ). |
|
385 |
Chair Ringo |
MOTION: Moves LC's: 2107, 2108, 2164, 2184, 2199, 2511, 2523, 2596, 2737, BE INTRODUCED as committee bills. |
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|
|
VOTE: 3-0-2 EXCUSED: 2 - Atkinson, Burdick |
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|
Chair Ringo |
Hearing no objection, declares the motion CARRIED. NOTE: LC 2107 printed as SB 649 LC 2108 printed as SB 650 LC 2164 printed as SB 652 LC 2184 printed as SB 656 LC 2199 printed as SB 657 LC 2511 printed as SB 659 LC 2523 printed as SB 660 LC 2596 printed as SB 661 LC 2737 printed as SB 663 |
|
390 |
Chair Ringo |
Closes work session on introduction of committee measures and adjourns meeting at 3:17 p.m. |
EXHIBIT SUMMARY
A. Measure 37, informational packet, Sydney Blaine, 4 pp
B. Measure 37, written testimony, Eric Burnette, 11 pp
C. Measure 37, written testimony, John Benton, 5 pp
D. Measure 37, informational packet, Marilyn Reeves, 6 pp
E. Measure 37, newspaper articles, Marilyn Reeves, 11 pp
F. Measure 37, written testimony, Mike McCarthy, 2 pp
G. Measure 37, brochure, Jack Mills, 4 pp
H. Measure 37, written testimony, Kay Finney, 2 pp
I. Measure 37, written testimony, Larry Martin, 1 p
J. Measure 37, written testimony, Rita Swyers, 2 pp
K. Measure 37, written testimony, Michael Lang, 2 pp
L. Measure 37, memo, Michael Lang, 2 pp
M. Measure 37, written testimony, Gary Kahn, 3 pp
N. Measure 37, written testimony, Wayne Lease, 3 pp
O. Measure 37, informational packet, Jean Pekarek, 24 pp
P. Measure 37, written testimony, Steven Andersen, 3 pp
Q. Measure 37, written testimony, David Meriwether, 2 pp
R. Measure 37, articles, Scott Franke, 2 pp
S. Measure 37, written testimony, Cindy Walbridge, 1 p
T. Measure 37, map, Gary Harris, 2 p
U. Measure 37, written testimony, Heather Blaine-McCurdy, 1 p
V. Measure 37, article, Heather Blaine-McCurdy, 25 pp
W. Measure 37, photos, Heather Blaine-McCurdy, 4 pp
X. Measure 37, articles, Chuck Williams, 14 pp
Y. Measure 37, written testimony, Jeff Hunter, 2 pp
Z. Measure 37, written testimony, Richard Kenward, 1 p
BB. Introductions, LC 2107, Staff, 2 pp
FF. Introductions, LC 2199, Staff, 9 pp
HH.Introductions, LC 2523, Staff, 5 pp
II. Introductions, LC 2596, Staff, 13 pp
JJ. Introductions, LC 2737, Staff, 4 pp