November 1, 2006

9:00 a.m.

Commissioners’ Conference Room

APPROVED 1/10/07


Commissioner Bill Dwyer presided with Commissioners Anna Morrison, Peter Sorenson and Faye Stewart present.  Bobby Green, Sr., was excused.  County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.








John Archer, Junction City, spoke about transporting animals in the back of pick up trucks.  He noted the DMV manual (page 69) states a dog cannot be carried in the external part of a vehicle, including a pick up bed.  He said a dog should ride in the back seat in a secured carrier.  He wanted the commissioners to reassess this to get the law enforced.  He noted that pet shops need to be investigated for having animals in small cages with no temperature control.


Katherine Ford, Eugene, spoke on mandatory cat registration and rabies.  She commented that LCARA's budget was fine, what they need is vision and imagination on how to better allocate the funding to accomplish what needs to be done.  She suggested getting rid of the military-type uniforms and going to something more inviting, like a polo shirt.  She commented that animal facilities across the country are going to that look. She said they deserve better animal care in the county.


Jill Winans, Eugene, spoke against cat licensing.   She wanted to know what the logic was for cat licensing, as a revenue-producing program.  She didn’t think the fees paid by dog owner’s cover much more than the basic cost of administering the dog licensing program.  She asserted cat licensing was unenforceable and will have a lower compliance rate than the dog owners.  She thought cat licensing was ineffective.


Cindy Land, Eugene, stated she was working on getting revised budgets.   


Morrison read Karen Bodner’s letter into the record.








Sorenson reported he took the tour at LCARA and learned a lot.


Morrison announced she attended the Community Development Forum in Salem about the budgets for the next biennium.  She noted that Oregon Housing had already drafted a bill on manufactured homes.  She said they need to give it to Tony Bieda, Intergovernmental Relations Manager, addressing issues on how they could develop incentives for manufactured home parks to remain.








a. Announcements






a. ORDER 06-11-1-1/In the Matter of Approving the Amended Bylaws of the Vegetation Management Advisory Committee


Oren Schumacher, Public Works, reported that at the last VMAC meeting there was a vote of 6-2 to amend the current bylaws to change the final word in Section 4 from committee to quorum.  He said if they had a quorum of five people on a nine-person committee, a vote of three would be an affirmative vote.  He noted the way it currently exists, there has to be a quorum of five of nine committee members present.  He indicated they wanted to reduce the vote by two.  He noted the recommendation by VMAC (by a vote of 6-2) was to change it to quorum instead of committee.  He added that staff recommendation is to leave the bylaws as they are.


Dwyer asked if the committee ran under Robert’s Rules.  He didn’t think it was critical to amend the bylaws and go with the committee’s recommendations.  He said that anyone on the losing end could change to the prevailing side and serve notice of possible reconsideration, whereby the action is not final and would be discussed at a subsequent meeting.  He commented that if the issue is that important to people, they should show up, or use the parliamentary rules that are applicable.


Sorenson asked about the drawback to lowering the number from five to three that send a recommendation.


Schumacher stated if they are not getting the full opinion of the whole committee, they weren’t really reflecting the committee when there are only three affirmative votes.  He commented that would make them more advocacy than advisory.  He said at the next meeting they will be voting on four vacancies.


Sorenson asked about the impediments to people participating.


Schumacher said getting people to volunteer is the biggest challenge.  He noted the committee had been involved when they are there.


Speaking as the Board’s representative on the committee, Stewart said he hadn’t noticed a problem with attendance.  He said they always had more than enough people for a quorum.  He didn’t necessarily look for a yes or no from an advisory committee to make a decision. He wanted to make sure there was a healthy discussion on the matter and all opinions are captured.  He said if the goal is to have a recommendation come out of the committee with a positive vote, he wasn’t in agreement.  He wanted to keep the attendance and quorum rules as they are.


Morrison noted she was the Board’s representative for about six years.  She supported leaving the bylaws as they are.  She thought they came a long way in building back the participation level.  She didn’t want to only have three or four people show up because of things that didn’t have to take place.  She supported staff’s recommendation.


Dwyer agreed with the committee’s recommendation.  He wanted to have a majority who show an interest in an item participate and have an opportunity to do it.  He didn’t want someone to stay home and vote no.


Dwyer stated there were not three votes for this to pass.


b. WORK SESSION/ODOT Alternative Mobility Standards Overview.


Tom Schwetz, LCOG, gave a presentation on alternative mobility standards.  He commented that Lane County has a low level of congestion compared to what they will experience in the future.  He said they are consistently ranked well below the average level of congestion for communities Lane County’s size.  He said they need to involve local agencies, as well as ODOT in partnering with local businesses and residents.   He commented that congestion affects the region’s livability and economic competitiveness, and it could affect their access to basic amenities, transportation choices, and the creation of streets that work for mixed use.  He recalled that last year Portland conducted a study on the cost of congestion on its economy.  He commented that while Portland is eight times the size of Eugene, it has thirty-three times the congestion.  He said the study indicated there was an impact on businesses due to longer travel times because of congestion.   


Schwetz commented that they could apply a balanced key strategy in the right areas.  He said they could look at good and bad congestion.  He added there are parts of the system that move traffic and freight through.  He said those are mobility-dependent parts and they need to review the standards as tools that could help keep mobility going.


Dwyer commented they adopted nodule development as a concept to mitigate traffic impacts by designing areas where people could live, work and do business. He indicated the Gateway area was a node that was planned that way and converted to another land use.


Schwetz responded that the Gateway is an attractive development area and there is a lot of congestion.  He indicated they have to look at ways to resolve it.  He noted the level of service policy in the TransPlan mirrors the state’s approach to mobility standards.  He said their policy recognizes there are some areas in town where it doesn’t make sense to enforce the mobility standards.  He said this effort is focused on trying to meet an ODOT requirement for mobility standards in the MPO area. He added they took that approach, but as they go through the analysis, the problem area of West 11th and Greenhill shows up.  He thought there was a need to look at a broader perspective along that corridor.


Schwetz commented that Lane County would not experience the level of congestion (even in 2025) that Portland is experiencing today, but there could be impacts on businesses that congestion may cause.  He said they want to meet the state requirements for alternative mobility standards.  He noted where they have parts of the state system not meeting the standards, they could use that approach to try to address it.  He added a key element for the local agency is the state looking to Lane County to participate.  He said what is needed now is to target some of the strategies of TransPlan.  He indicated that was what they are currently working on.  He stated any proposal would involve commitments from the local agencies, and Lane County would have buy-in. He said they would work through County staff, Eugene, Springfield, LTD and come back to the Board. He added once that is completed, it would go through MPC and the OTC would approve the strategy.


Morrison asked if all jurisdictions had to agree.


Stinchfield responded that formal policy change on the standards would require MPC action and according to the current rules, an agreement by all of the agencies.  He noted they have policies in the TSP that tie a level of service standard to the highway plan.


Schwetz said, in addition to satisfying the state requirement, it sets a good foundation for the federal requirements for a congestion management process.  He said this combination of strategies is an adaptation of the reality that congestion will be on their system, and they’re doing their best with the available resources.




A. Approval of Minutes:

September 13, 2006, Regular Meeting, Following HACSA

September 13, 2006, Regular Meeting, 1:30 p.m.

October 4, 2006, Regular Meeting, 9:00 a.m.

October 4, 2006, Regular Meeting, 1:30 p.m.


B. Public Works


1) ORDER 06-11-1-2/In the Matter of Authorizing the County Administrator to Sign an Intergovernmental Agreement With Eugene Water & Electric Board For Road and Bridge Maintenance Services.


2) ORDER 06-11-1-3/In the Matter of Ratifying an Application Submitted by Public Works for Grant Funding Under The National Historic Bridge Preservation Program For Parvin Covered Bridge and Delegating Contract Signature Authority to the County Administrator in the Event of a Successful Application.


3) ORDER 06-11-1-4/In the Matter of Awarding a Professional Services Contract to Thiel Engineering for Solid Waste Engineering and Technical Services and Authorizing the County Administrator to Execute a Contract and Amendments Not to Exceed $400,000 (WM 06/07-07).


MOTION: to approve the Consent Calendar.


Morrison MOVED, Stewart SECONDED.


VOTE: 4-0.








Morrison urged people to come and see her in the play Sugar.


Sorenson announced that Tuesday November 7 was the deadline for voters to get their ballots in.


Stewart  met with Denis Taylor, City of Eugene, regarding Debbie Farber and the potential acquisition of her property for a park by the City of Eugene.  He said Gary Pape is working hard to get a park in that area.  He indicated that staff had been directed by the elected officials to get appraisals on some of the properties there.  He said their staff’s recommendation is to continue to work with the McDougal’s.  He noted there had not been any direction from the elected officials on condemnation.  


11. EXECUTIVE SESSION as per ORS 192.660






With regard to tonight’s meeting, Dwyer said they received a letter, and they are not going to bifurcate the meeting.   He said they will use the open process.  


Assistant County Counsel Vorhes said there had been discussion from the City of Eugene around the same issue.   He said they received a similar letter.  He explained that because of the blend of the two, the rezoning decision is a de novo hearing.  He noted that the way the Goal 5 Mineral and Aggregate Rule operates, a lot of what happens is disscussed and determined and drives the decision on the zoning made applicable to the property if the decision is to allow mining.  He didn’t think it made sense to separate the two.  He thought, procedurally, if someone raised an issue as a procedural error, the question becomes how this affected their rights to prepare and adequately present their case to the Board and the council,  with adequate notice for people to prepare and present evidence from a process standpoint.


Sorenson thought people who signed up should be allowed to do so at any time during the hearing for both issues; and those people who have signed up should be allowed to testify so there is no misunderstanding.


There being no further business Commissioner Dwyer recessed the meeting at 10:15 a.m.



Melissa Zimmer

Recording Secretary