SENATE COMMITTEE ON ENVIRONMENT & LAND USE

 

March 30, 2005                                                                                                       Hearing Room B

3:00 P.M.                                                                                                                      Tapes 63 - 65

Corrected 10/18/05

MEMBERS PRESENT:         Sen. Charlie Ringo, Chair

Sen. Jason Atkinson, Vice-Chair

Sen. Roger Beyer

Sen. Ginny Burdick

Sen. Frank Shields

 

STAFF PRESENT:                 Matt Shields, Committee Administrator

Katie Lowry, Committee Assistant

 

MEASURES/ISSUES HEARD:        

SB 857 – Public Hearing and Work Session

SB 887 – Public Hearing and Work Session

SB 699 – Public Hearing

SB 307 – Public Hearing

SB 742 – Public Hearing

SB 743 – 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 63, A

005

Chair Ringo

Calls meeting to order at 3:07 p.m. Makes opening remarks. Opens public hearing on SB 857.

SB 857 – PUBLIC HEARING

015

Sen. Joanne Verger

Represents Senate District 5. Gives background information on SB 857. Submits 857-1 amendments (EXHIBIT A).

035

Ann Hanus

Director, Department of State Lands. Testifies in support of SB 857. Mentions -1 amendments. Submits written testimony (EXHIBIT B).

075

Sen. Shields

Asks witness to pass around the mentioned map.

078

Hanus

Continues testimony in support of SB 857.

087

Mike Graybill

Manager, South Slough Reserve, Charleston. Explains the mission of the South Slough Reserve.

118

David Ford

Resident, Charleston. Submits written testimony on behalf of Jim Whitty in support of SB 857 (EXHIBIT C). Submits written testimony on behalf of Nikki Whitty, County Commissioner, on SB 857 (EXHIBIT D). Testifies on SB 857.

140

Peg Reagan

Resident, Curry County. Testifies in support of SB 857.

153

Melody Caldera

Resident, Coos County. Testifies in support of SB 857.

167

Cam Parry

Resident, Coos County. Testifies in support of SB 857.

197

Liz Frenkel

League of Women Voters of Oregon. Testifies in support of SB 857. Submits written testimony (EXHIBIT E).

203

Matt Shields

Committee Administrator. Explains SB 857-1 amendments.

The following prepared testimony is submitted without public testimony:

 

Ron Brainard

Submits written testimony in support of SB 857 (EXHIBIT F).

204

Chair Ringo

Closes public hearing on SB 857 and opens work session on SB 857.

SB 857 – WORK SESSION

205

Chair Ringo

MOTION:  Moves to ADOPT SB 857-1 amendments dated 03/30/05.

 

 

VOTE:  5-0-0

207

Chair Ringo

Hearing no objection, declares the motion CARRIED.

208

Chair Ringo

MOTION:  Moves SB 857 to the floor with a DO PASS AS AMENDED recommendation.

210

Sen. Beyer

Explains reasons for opposition to SB 857.

 

 

VOTE:  4-1-0

AYE:     4 - Atkinson, Burdick, Shields, Ringo

NAY:     1 - Beyer

225

Chair Ringo

The motion CARRIES.

SEN. VERGER will lead discussion on the floor.

230

Chair Ringo

Closes work session on SB 857 and opens public hearing on SB 887.

SB 887 – PUBLIC HEARING

240

Mike Wendell

Resident, Prineville. Testifies in opposition to SB 887.

253

Linda Ludwig

League of Oregon Cities. Testifies in opposition to SB 887 with the -3 amendments.

307

Chair Ringo

Reads an email from a constituent who lives in Roseburg who is impacted by annexation. Believes that citizens all over the state are concerned about forced annexation. Hopes to work with witness to hone SB 887.

326

Ludwig

Responds. Discusses potential legal implications of language in the -3 amendments. Discusses date of moratorium.

339

Chair Ringo

Responds.

340

Sen. Burdick

Asks if the areas of Redmond and Prineville are also opposed to the -3 amendments.

341

Wendell

Replies yes.

350

Vickie Woods

Community Development Director, City of Salem. Testifies in opposition to SB 887 with the -3 amendments.

380

Jim Seaberry

Resident, Lane County. Testifies in support of SB 887.

TAPE 64, A

015

Michael Selvaggio

Legislative Assistant, Sen. Charlie Ringo’s office. Submits written testimony on SB 887 (EXHIBIT G). Submits and explains SB 887-3 amendments (EXHIBIT H).

033

Chair Ringo

Asks about sunset.

034

Selvaggio

Responds.

035

Selvaggio

Continues explanation of SB 887-3 amendments.

060

Sen. Beyer

Mentions date in section one of SB 887. Remarks about ORS 222. Discusses concern brought up by Linda Ludwig.

065

Selvaggio

Responds that he may have misspoken. States that ORS 222 is accessible to all cities in Oregon and that Metro cities are restricted from the use of ORS 195. Mentions submitted testimony (EXHIBIT G).

The following prepared testimony is submitted for the record without public testimony:

 

Jason Heuser

Intergovernmental Relations Manager, City of Eugene. Submits written testimony in opposition to SB 887 (EXHIBIT I).

 

Roger L. Meyer

Meyer & Wyse, LLP. Submits written testimony in support of SB 887 (EXHIBIT J).

073

Chair Ringo

Closes public hearing on SB 887 and opens work session on SB 887.

SB 887 – WORK SESSION

075

Chair Ringo

MOTION:  Moves to ADOPT SB 887-3 amendments dated 03/29/05.

076

Sen. Burdick

States opposition to SB 887.

077

Chair Ringo

Replies okay.

078

Sen. Beyer

Asks if Chair Ringo’s intention is to modify SB 887 as it moves forward.

079

Chair Ringo

Responds.

 

 

VOTE:  4-1-0

AYE:     4 - Atkinson, Beyer, Shields, Ringo

NAY:     1 - Burdick

095

Chair Ringo

The motion CARRIES.

096

Chair Ringo

MOTION:  Moves SB 887 to the floor with a DO PASS AS AMENDED recommendation.

100

Sen. Atkinson

States that he does not like SB 887 in its current form. Makes remarks.

110

Sen. Shields

States that Happy Valley is opposed to SB 887. Makes remarks.

117

Sen. Burdick

Commends Chair Ringo on his efforts. Explains no vote on the -3 amendments.

130

Sen. Beyer

Appreciates work done by Chair Ringo. Discusses SB 887. States that he has not had a chance to look at SB 887.

135

Chair Ringo

Makes remarks.

 

 

VOTE:  3-2-0

AYE:     3 - Atkinson, Shields, Ringo

NAY:     2 - Beyer, Burdick

150

Chair Ringo

The motion CARRIES.

SEN. RINGO will lead discussion on the floor.

155

Chair Ringo

Closes work session on SB 887 and opens public hearing on SB 699.

SB 699 – PUBLIC HEARING

165

Ralph Saperstein

Boise Cascade. Testifies in support of SB 699.

190

Linda Ludwig

League of Oregon Cities. States that if the -1 amendments are being considered, then she does not have anything to say about SB 699.

199

Matt shields

Committee Administrator. Submits and explains 699-1 amendments (EXHIBIT K).

208

Sen. Atkinson

Verifies that witness supports the -1 amendments.

209

Ludwig

Replies yes.

211

Sen. Burdick

Asks question about the -1 amendments.

214

Shields

Responds.

215

Sen. Burdick

Asks for clarification.

219

Chair Ringo

States that SB 699 will be carried over until the next meeting on Thursday, March 31 at 7:00 a.m.

224

Chair Ringo

Closes public hearing on SB 699 and opens public hearing on SB 307, 742, and 743.

SB 307, SB 742, AND SB 743 – PUBLIC HEARING

235

Gary Conkling

Beaverton School District. Introduces Priscilla Turner.

241

Priscilla Turner

Vice-Chair, Beaverton School District Board. Submits and reads written testimony in support of SB 742 (EXHIBIT L).

338

Conkling

Submits and discusses written testimony on SB 742 (EXHIBIT M).

375

Sen. Burdick

Thanks witness for differentiating between a School Impact Fee and a System Development Charge (SDC). Asks for clarification of application of SB 742 to new residential development.

382

Conkling

Believes that title transfers that take place subsequent to the effective date of SB 742 would be subject to the imposed fee. Discusses timeline.

397

Sen. Burdick

Verifies that it would be a title transfer from the developer to the first occupant.

400

Conkling

Explains in detail.

TAPE 63, B

004

Sen. Burdick

Asks who has to pay the mentioned fee.

006

Conkling

Replies that, in a new home, the fee would be collected at the point of the sale to a purchaser.

012

Sen. Burdick

Asks how new rental housing would be assessed.

013

Conkling

Explains.

025

Sen. Kurt Schrader

Represents Senate District 20. Testifies in support of SB 307.

100

Sen. Schrader

Continues testimony in support of SB 307.

153

Chair Ringo

Responds to witness’ testimony.

160

Sen. Burdick

Responds to witness’ testimony.

165

Sen. Schrader

States that this is an issue throughout communities all over the state.

167

Sen. Burdick

Makes comment about Senate District 18. Commends Sen. Schrader for proactively addressing the issue of affordable housing.

180

RaeAnn Jackson

Resident, Portland. Introduces Pam Callahan and states that Callahan’s testimony will be included with hers. Submits and reads written testimony in support of SB 307 (EXHIBIT N).

245

Chair Ringo

Comments on witness’ testimony.

250

Pam Callahan

Resident, Portland. Remarks that most people already believe they are contributing to schools when they purchase their homes and are shocked to learn that is not true.

265

Jon Chandler

Oregon Home Builders Association.  Testifies in opposition to SB 307, SB 742 and SB 743. Submits written testimony (EXHIBIT O).

350

Chandler

Continues testimony in opposition to SB 307, SB 742, and SB 743. Mentions HB 2964. Mentions Ballot Measure 5.

408

Chair Ringo

Understands that SDCs are in place in Washington and California. Wonders if homebuilders are harmed by the existence of the impact fees.

415

Chandler

Responds. Mentions land use system. Discusses impact fees in other states.

TAPE 64, B

015

Pauline McGuire

Responds.

068

Chair Ringo

Makes comment on witness’ comment.

075

Bob Buske

Stand for Children. Submits and reads written testimony in support of SB 307 (EXHIBIT Q).

110

Nathan Kadish

Stand for Children. Testifies in support of SB 307. Submits and mentions written testimony (EXHIBIT R).

145

Anne Saxby

School Board Chair, Hood River County School District. Testifies in support of SB 307. Submits written testimony (EXHIBIT S).

188

Pat Everson-Brady

Superintendent, Hood River County School District. Discusses resolution passed by Hood River County School Board. Testifies in support of SB 307.

216

Chair Ringo

Appreciates witness’ testimony. Asks about mentioned housing structures and asks if it includes potential Measure 37 issues.

218

Everson-Brady

Replies no and explains in detail.

224

Sen. Shields

Makes remarks. Asks how many other towns in Oregon might want to become involved in this issue.

230

Saxby

Responds.

238

Everson-Brady

Responds.

250

Brad Schock

Resident, Portland. Comments on testimony of Jon Chandler. Submits and reads written testimony in support of SB 307 (EXHIBIT T).

345

David Williams

Oregon School Board Association. Testifies in support of SB 307, SB 742 and SB 743.

360

Rob Saxton

Superintendent, Sherwood School District 88J. Gives information on the Sherwood School District. Testifies in support of SB 307, SB 742 and SB 743. Submits informational packet (EXHIBIT U).

TAPE 65, A

028

Chair Ringo

Comments on witness’ testimony.

035

Sharon Kanopa

Albany City Councilor. Testifies in support of SB 307, SB 742 and SB 743. Submits written testimony (EXHIBIT V).  Believes that SB 307 is the most workable bill of the three that are being considered.

080

Richard Reid

Salem City Watch. Testifies in support of SB 307. Believes that SB 742 needs some work.

095

William Smaldone

Resident, Marion County. Submits and reads written testimony on SB 307, SB 742 and SB 743 (EXHIBIT W).

148

Laurie Wimmer Whelan

Oregon Education Association. Testifies in support of SB 307, SB 742, and SB 743.

157

Trisha Smith

Oregon School Employees Association. Testifies in support of the concept of SB 307, SB 742 and SB 743.

The following prepared testimony is submitted for the record without public testimony:

 

Jerry W. Scott

Resident, Salem. Submits written testimony on SB 307, SB 742, and SB 743 (EXHIBIT X).

185

Chair Ringo

Closes public hearing and adjourns meeting at 5:16 p.m.

 

 

EXHIBIT SUMMARY

 

A.     SB 857, -1 amendments, Staff, 1 p

B.     SB 857, written testimony, Jeannette Holman, 5 pp

C.     SB 857, written testimony of Jim Whitty, David Ford, 1 p

D.    SB 857, written testimony of Nikki Whitty, David Ford, 1 p

E.     SB 857, written testimony, Liz Frenkel, 1 p

F.      SB 857, written testimony, Ron Brainard, 1 p

G.    SB 887, written testimony, Michael Selvaggio, 4 pp

H.    SB 887, -3 amendments, Michael Selvaggio, 6 pp

I.       SB 887, written testimony, Jason Heuser, 1 p

J.      SB 887, written testimony, Roger L. Meyer, 1 p

K.    SB 699, -1 amendments, Staff, 3 pp

L.     SB 742, written testimony, Priscilla Turner, 2 pp

M.  SB 742, written testimony, Gary Conkling, 1 p

N.    SB 307, written testimony, RaeAnn Jackson, 2 pp

O.    SB 307, SB 742, and SB 743, written testimony, Jon Chandler, 2 pp

P.      SB 307, written testimony, Pauline McGuire, 1 p

Q.    SB 307, written testimony, Bob Buske, 3 pp

R.    SB 307, written testimony, Nathan Kadish, 2 pp

S.      SB 307, written testimony, Anne Saxby, 3 pp

T.     SB 307, written testimony, Brad Schock, 1 p

U.     SB 307, SB 742, and SB 743, informational packet, Rob Saxton, 11 pp

V.     SB 307, SB 742, and SB 743, written testimony, Sharon Kanopa, 2 pp

W.   SB 307, SB 742, and SB 743, written testimony, William Smaldone, 3 pp

X.     SB 307, SB 742, and SB 743, written testimony, Jerry W. Scott, 2 pp