August 19, 2009

1:30 p.m.

Harris Hall Main Floor

APPROVED 9/20/09


Commissioner Pete Sorenson presided with Commissioners Bill Dwyer, Bill Fleenor, Rob Handy and Faye Stewart present.  County Administrator Jeff Spartz, County Counsel Liane Richardson and Recording Secretary Melissa Zimmer were also present.




e. REPORT BACK/Waste Management Fees and New Staff Positions.


Spartz reported that he spoke with Matt Laird, Land Management, about their status.  Spartz noted that Laird said the goal is to add four additional positions the Board requested for long range planning. Spartz indicated that Laird went through the lateral transfer procedure required and no employee was interested in laterally transferring. Spartz said that Laird went to the layoff list and there were two employees.  He added that one employee took the position and they were waiting on the other position.  Spartz indicated that Laird will post for the open positions.  He added that Laird has hired a temporary employee working on the backlog of permits.


f. REPORT BACK/Capacity Based Release Information.


Sorenson asked Captain Hooley to come back to the Board to report on this information.




a. REPORT BACK/Capacity Based Releases and Assessment Tool.


Sorenson asked Captain Hooley to come back to the Board to report on this information. 


Handy asked that Brooke Marshall, Custody Referee, be present when this item comes back to the Board.


b.  Announcements




c. REPORT BACK/Social Hosting and Drunk Driving.


Richardson said this was assigned to various departments two weeks ago at the Board meeting.  She reported that C.A. Baskerville has collected five different examples of social host ordinances beyond the ones they already had.  She, Baskerville and the Sheriff’s Department are meeting tomorrow to review the ordinances so they can pull together what they think would be the most appropriate ordinance for Lane County, given the direction they received from the Board.  She thought it could take a couple of weeks for them to draft and review.  She added there will be a meeting on forfeitures on Friday with the District Attorney and the Sheriff.   She indicated that she was waiting to hear back from District Attorney Bovett from Lincoln County.  She asked him what jurisdictions were doing DUII forfeitures in Oregon and what jurisdictions used to do forfeitures. She noted that she is having a meeting the first week of September regarding reimbursements for responses to various calls to parties.


d. Performance Auditor Report


Stewart Bolinger, Performance Auditor, recalled that the Board asked him to obtain information on the Precautionary Principle.  He stated that he did intensive Internet based research and used that in discussion with Ms. Rafael from San Francisco and with the city of Berkeley.  He said those were the two cities that formally adopted the Precautionary Principle. He noted in both cases San Francisco and Berkeley have larger purchasing staff than Lane County.  He said the application of the Precautionary Principle is focused in their procurement efforts. He said they both emphasized the strong support internally to expertise in staff and a strong community. Bolinger said Ms. Rafael didn’t think Lane County was strong enough in those areas at this stage to commit to the policy and expect to have a substantial change in practice.  He commented that the Board has made a strong commitment to getting input from the community that and that is one of the most significant components of the Precautionary Principle.


Stewart thought when he read the report that they were already doing everything.  He didn’t think there were any areas that needed to be changed or reaffirmed.


Sorenson asked if Bolinger could write a board order that encapsulates what he thinks is taking place.  He added that it would be board policy that they endorse the Precautionary Principle, giving examples of what departments are already doing.


Fleenor thought they could add a part 3 on the Agenda Memos and have it labeled as Precautionary Principles.  He thought it could be part of the research and the board order. 


Sorenson said he trusted Bolinger’s observations and wanted to make a board policy.  He thought the ideas of the agenda process could be part of the board order.


Justice Court Money Issue


Bolinger reported the Justice Courts used the law enforcement data base to come up with hard numbers as to what the collection rates are for Springfield, Eugene and Lane County.  He was also able to get information from Deschutes County.    He added that he has been working with the Justice Court on collections. 




a. ORDER 09-8-19-2/In the Matter of Adopting a New Classification and Compensation Plan for the Positions Represented by the Prosecuting Attorneys Association of Lane County.


Greta Utecht, Human Resources, reported that this is the culmination of the work that was negotiated for the Prosecuting Attorneys Association contract.  She recalled that part of the contract called for the County to begin a classification and compensation study within two months after the ratification of the contract.  She indicated that they have already completed it.  She added that it was a collaborative process to determine how the classification and compensation would come out.  She said prior to formulating this plan, they had seven classifications covering the members of the association.  She said when they look at other agencies for comparisons to determine how their work compares with Lane County’s, it was difficult to prepare because seven classifications doesn’t compare with the three or four present with other agencies.  She indicated that they reduced the number of classifications and went from seven pay grades to four pay grades.  She noted the step from the lowest paid Assistant District Attorney at Step 1 to the highest paid Senior Prosecutor is similar to the plan they had in the past.  She commented that they did a good job of aligning the new plan with the old plan.


MOTION: to approve ORDER 09-8-19-2.


Dwyer MOVED, Fleenor SECONDED.


VOTE: 5-0.




a. ORDER 09-8-19-3/In the Matter of Adopting Findings of Fact, Conclusions and a Final Decision in the Appeal of a Hearings Official's Reconsidered Decision  and Denying an Application for a Recreational Vehicle, Boat, and Self–Storage Facility in the Rural Residential Zone. (RR-5), Map and Tax Lot T18-R03-S24 Tl 4600. (File No. PA 07-6721/McCabe).


Sorenson explained the purpose of today’s meeting is to deliberate on the proposed order.  He added that the file is closed.  He asked if there were any ex parte contacts.


There were none.


Rafael Sebba, Land Management, explained that this application is for a recreational vehicle boat and self storage facility with a total floor area of over 79,000 square feet.  He noted the subject property is a five acre parcel, located one mile east of Goshen on the south side of Highway 58.  He said the property is within the Rural Residential Zone.  He noted on appeal, the Hearings Official initially denied the entire facility and upon reconsideration, the Hearings Official approved the R.V. boat storage component of the facility and denied the self-storage component. He recalled at the April 15 hearing, the Board heard arguments and deliberated.  He said the Board tentatively affirmed the Hearings’ Official’s initial denial of the facility and directed staff to prepare an order and findings for final action.  He indicated the order and findings before the Board correspond to the Board’s April 15 discussion that focused on the correctness of the Hearings’ Official’s decisions as well as interpretation of Lane Code that would allow only personal storage of R.V.’s and boats in the Rural Residential Zone.  He said that staff recommends the Board adopt the order and findings.


MOTION: to approve ORDER 09-8-19-3.


Dwyer MOVED, Stewart SECONDED.


Dwyer commented that the Board made the right decision on this and the Hearings’ Official made the right decision the first time.


Fleenor was supportive of this item.


Stewart hoped as they moved forward that items like this get clarified in their code so there are not misunderstandings.


VOTE: 5-0.


b. ODOT Region 2 Fall Meeting


Sorenson noted the Metropolitan Policy Committee met and discussed who would be going to the ODOT Region 2 Fall Meeting.  He said typically the MPO sends one person and the Board of Commissioners sends one person.  He noted the MPO voted to send Mayor Kitty Piercy.


MOTION: to send Rob Handy to the ODOT Region 2 Fall Meeting.


Dwyer MOVED, Fleenor SECONDED.


Sorenson asked Spartz to send a letter to ODOT Region 2 to let them know the Board met and elected Handy as the representative of the Board.


VOTE: 5-0.





Letter from Census Bureau


Sorenson said he received a letter from the Census Bureau.  He asked how census requests should be handled.  He asked who should be receiving the information.


Spartz said they don’t have a census liaison.  He said he will determine whether to handle the requests on an ad hoc basis.


Stewart indicated that it was brought to his attention that most individuals in rural areas have their mail delivered to Post Office boxes.  He recalled in the past, Post Offices haven’t honored placing census applications in the Post Offices boxes.  He thought it could skew the information gathering.  He wanted to make sure that everyone gets a form to fill out.


Spartz said he will determine who the Census contact will be and e-mail back to the Board about sending forms to Post Office boxes.




Dwyer reported that he had two root canals done yesterday and that was why he wasn’t at the Board meeting.  He stated that he wouldn’t be at the Fair serving pie and ice cream as he has a conflicting meeting.


Fleenor announced that the commissioners will be serving pie at the Fair.


Sorenson stated that he and Handy judged the Fair photographs.  He noted that tomorrow he will be attending an event promoting the Census.


Handy announced that he will be greeting the seniors tomorrow at the Fair.


Stewart reported that two weeks ago he went to the August O & C meeting.  He said the Board will make a recommendation at their annual membership meeting to increase membership by two members and the whole meeting and the focus is to strengthen the coalition and work toward reauthorization or another type of a future payment program.  He commented that any type of a management plan into the future will be a lengthy process and it won’t match the time the payments are in.  He thought that was his last meeting since the Board didn’t want to continue membership.


15.              EXECUTIVE SESSION as per ORS 192.660




16.              OTHER BUSINESS




There being no further business, Commissioner Sorenson recessed the meeting into Executive Session at  3:15 p.m.



Melissa Zimmer

Recording Secretary