December 18, 2002

1:30 p.m.

Commissioners' Conference Room

APPROVED 2/26/03


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




Weeldreyer thanked County Administration staff who organized her retirement party.  She announced that the Lane Metro Partnership is having its executive committee meeting.  She noted there had been a change to downsize the Metro Partnership Board.  She added some of the appointments the Board made under the old rules are not going to go forward.


Morrison passed out a booklet from the AOC Legislative Meeting with the most current copy of the legislative principals.  She noted there had been a presentation about making back to school week a success.  She announced that from April 28 to May 2 there would be an effort across the state of elected officials spending the day in a classroom.  She requested this be put on the future agenda.  She noted that Senator Wyden would be holding a town hall meeting on January 4 in Florence.  She commented the drop in wages from last year to this year from a report (by Chuck Forster, Lane Workforce Partnership), was considerable. 


Green passed out information on the Sears Building (copy in file).  He attended a meeting regarding the Strategic Plan and the Board’s role as the plan is going forward.  He said the plan should be used in the budget session, but the Board needs to get behind it.  Otherwise, the members in the organization will not take it seriously.  He added it should be endorsed.








a.  DISCUSSION & ACTION/Focusing Staff Analysis Concerning Compliance with the National Pollutant Discharge Elimination System (NPDES)  Phase II Permit Regulations for Municipal Storm Sewer Systems (MS4).


Sonny Chickering, Public Works, reported there are new environmental recommendations and they are required to comply as a result of the Federal Clean Water Act and the DEQ is now administering a program for storm water quality related to the separated storm sewer systems.  He said they are required to apply for a permit for administration and monitoring of the systems and the primary effort is to reduce pollution, assist in recovering species, and improve water quality throughout the area.  He said the NPDES has had two phases.  The City of Eugene was under phase 1 because of population.  He added they have a program and staff who had been devoted to that purpose.


Chickering noted that Phase 2 was coming into effect and it captures smaller organizations, the City of Springfield and Lane County.  He said the responsibility is confined to the census urbanized area.  He added they have municipal storm sewer systems in that area outside of the city limits and they will be required to comply with some type of permit requirement associated with operations and maintenance of those systems in the future.  He said they had been given four options by DEQ on how they apply to comply with the regulations. He recommended they focus their efforts on Options 3 and 4 (applying for a general permit) or giving notice of intent to rely on another entity.  He said their primary reasoning is to not duplicate services that are already in place within the Cities of Eugene and Springfield.


Chickering wanted concurrence that they focus on more investigation of Options 3 and 4.  He wasn’t prepared to recommend one or the other.  He said those were the two best options.  He wanted to do more  investigation on the number of people they would need and the money it would cost and the funding sources.  He added some will be non-road fund monies. He said he would come back with some added options. He noted the storm water management fee might be one of those options.


Sorenson requested an e-mail over the next month that would give them the rates that are charged in Eugene and Springfield and how much money is generated from those rates so they would have comparison information.


Chickering stated he would do that.


MOTION: to move to direct staff to do a more in depth analysis of the general permit Option 3 and Option 4 as preferred options.


Morrison MOVED, Green SECONDED.


Dwyer asked how other counties the same size as Lane County addresses their compliance under the Storm Water Act and what mechanisms they are using, what it is generating and what Lane County’s needs are.  He said that hadn’t been done yet.


VOTE: 5-0.


b.  DISCUSSION/Changing Role of the Metropolitan Policy Committee (MPC) and Other Issues Related to Federal Metropolitan Planning Organization (MPO) Regulations.


Stinchfield explained that this item was discussed at MPC last Thursday.  He said discussion led to the changes in the bylaws and a second draft was distributed yesterday as supplemental information.  He said they relate to clarifying the roles of Eugene, Springfield and Lane County versus the City of Coburg, Lane Transit District and ODOT. He added there was consensus to move ahead at MPC and accept the delegation of the MPO role in transportation from the LCOG Board.


Green noted that the City of Coburg was added to this but they can’t have a veto vote due to the population.


Due to the various roles MPC plays, Stinchfield stated the officers are always from Eugene, Springfield and Lane County, not from the City of Coburg or the transit district.


Sorenson asked what was required for changes with the Lane Transit District and the City of Coburg.


Stinchfield responded that last July (through notice in the federal register), the Census Bureau designated the metro area officially over 200,000 in population, declaring it a Transportation Management Area. He noted as part of the federal census process, it was determined that Coburg and Goshen are part of the area.


Sorenson asked what the proposal was to get everyone at the table to ensure that the authority is vested in the elected officials.


Stinchfield explained that Eugene, Lane County, City of Springfield and the LTD Board all have two votes on the committee.  He noted ODOT has one vote and the proposal is for the City of Coburg to have one vote.  He added the quorum and leadership requirements reside with the three general purpose governments in the metro area.


Stinchfield noted an issue the Board would need to address in the future is how the full Board wants to direct the MPC representatives on voting.  He said the new bylaw changes would give MPC the authority to adopt work products and the regional transportation plan.  He said the question is if the Board wanted to take formal action regarding something that would take place at MPC, would they let the MPC representatives handle bylaw changes. He asked if the Board wanted him to bring back an order approving the bylaw changes in January.


Dwyer suggested doing it after the MPC meeting in January.  He added the Board would have to take action before February 13.


c.  ORAL REPORT/Discussion on Area Commission on Transportation (ACT) Draft Guidelines.


Snowden said the Board needed to decide if they wanted to respond to the guidelines of the area commission on transportation and if so how.  He added what the stakeholder group was saying is that they want comments by January 31 and they will go back to a stakeholder committee that meets on March 6.  He said the stakeholder committee would eventually take this to the OTC in spring. He added that MPC would discuss this on January 9.  He asked if the Board wanted to give direction to the MPC representatives for that discussion.


Dwyer wanted to make sure that all of the public testimony was included so they couldn’t be accused of not having public participation.


Snowden noted that on page 1 of the draft, it states the document is intended to provide statewide consistency for the ACTS while balancing local needs with flexibility and uniqueness.  He explained that on page 2, they would not require ACTS.  He noted later in the document it strongly encourage ACTS and they would give significant weight recommendation, but if an area doesn’t want to have an ACT, then they have to ensure they adhere to the same standards of accountability and demonstrate to the OTC that their recommendations were developed within the guidelines.  He said the section called authority was critical as well as adding structure and membership.


Dwyer was not willing to relinquish his authority as an elected official to someone who is appointed.


Green said they were not interested in having a chartered ACT as the OTC.  He said he had made an offer to work with other elected officials and citizen members where they could formulate an advisory body to provide advice to this board.  He didn’t want to give up any authority to another board.


Snowden commented they could focus on trying to get the OTC to change the guidelines or look for an alternative structure that doesn’t follow the authority, and they could focus on roles, responsibilities and operation.


Dwyer wanted more public input and to maintain control and balance.  He also wanted the public record to follow them so they know the Board is not making transportation decisions without their knowledge.


Green suggested emulating what the ACTS are.  He thought what they already had works great, but they don’t have it the way OTC prefers.


Dwyer suggested doing an overlay on construction and redundancy that they developed in the TransPlan.  He stated they should do it as an organizational chart.  He commented what they have works.


d.  THIRD READING AND DELIBERATION/Ordinance PA 1185/In the Matter of Adopting Amendments to the Junction City Comprehensive Plan To Redesignate Land From "Professional Technical" to a Mix of "Professional Technical", "Commercial/Residential", "Medium Density Residential", "Low Density Residential", and "Open Space"; to Amend Comprehensive Plan Text; to Adopt a New Land Needs Assessment; and Adopting Savings and Severability Clauses (File PA 01-6231; Oaklea). (NBA & PM 11/26/02, 12/10/02)


Dwyer recalled there were a few transportation amendments that needed to be worked out.


Jerry Kendall, Land Management, explained the applicant filed and recorded a covenant agreeing to street improvements and a copy is in the supplement the Board received along with the revised findings with traffic Goal 12.  He noted all staff had reviewed it.


MOTION: to adopt Ordinance PA 1185.


Morrison MOVED, Weeldreyer SECONDED.






a.  DISCUSSION/Evaluation of County Administrator.


Morrison commented she was pleased with the number of department heads that responded to the evaluation.  She noted the comments came in exceptionally high because Van Vactor does a wonderful job.  She was happy with the PERS situation and how they moved forwarded.  She added without his leadership, they wouldn’t be where they are now.


Green stated there was respect for Van Vactor.  He gave Van Vactor a rating of nine and enjoys working with him.  He said his issue on following diversity was that some managers were not following suit.  He gave Van Vactor a rating of a nine overall.


Sorenson read Jim Gangle’s comments about Van Vactor and agreed with them.  He commented since Van Vactor had been working on the PERS issue, he had been more efficient.  He appreciated his willingness to be flexible and openness to meet with people.  He stated Van Vactor’s challenge for the next year is to try to do it more often.


Weeldreyer appreciated Van Vactor’s willingness to have shared decision making.  She noted that had been his management goal.  She commented the past 18 months had been a challenge for her as she battled health problems and Van Vactor accommodated her needs.  She stated he had improved over the past year. She noted a frustration was the environmental conditions within some County facilities. She also gave Van Vactor a nine.


Dwyer enjoyed the working relationship with Van Vactor.  He thought he was the right person for the job.  He looked forward to his continued relationship and application about what the County‘s problems are.


b.  ORDER 02-12-18-5/In the Matter of Renewing the Employment Contract with the County Administrator.


MOTION: to approve ORDER 02-12-18-5.


Morrison MOVED, Green SECONDED.


Sorenson stated he would vote against this motion because of the reasons discussed earlier.


VOTE: 4-1 (Sorenson dissenting).


Van Vactor thanked the Board for letting him perform his job for the past 10 years.  He also thanked his staff for all of their hard work.




ORDER  02-12-18-7/In the Matter of Establishing the Florence Justice of the Peace Salary for 2003


MOTION: to approve 02-12-18-7.


Green MOVED, Morrison SECONDED.


VOTE: 5-0.


There being no further business, Commissioner Dwyer adjourned the meeting at 3:30 p.m.



Melissa Zimmer

Recording Secretary