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October 14, 1998
REGULAR MEETING BOARD OF COUNTY COMMISSIONERS
Commissioners' Conference Room - 9:00 a.m.

1. ADJUSTMENTS TO THE AGENDA

None.

2. PUBLIC COMMENTS

None.

3. COMMISSIONERS' ANNOUNCEMENTS

Held in the afternoon.

4. COMMISSIONERS' BUSINESS

a. ORAL UPDATE/New Government Programming on Metro Television.

Robert Lewis, Metro Television, reported the station is in preparation for an evolution to a government only Metro Vision, which was anticipated in July, but will happen in December. He added partnerships with federal agencies and national organizations will produce different types of programming, including video conferencing downlinks. He added there will be additional programming from the Internal Revenue Service, Social Security Administration, AARP and others. He showed a short video tape of examples of programming on the television station. He added he is involved in the emerging technologies that will allow the transmission of video and audio video conferencing over the network system, and his goal is to be able to view meetings live on the Internet. He said the current year budget is, $7,500 dedicated for the operation of public access and $50,000 for the other operations.

Weeldreyer wanted to know what the hot issues were during the national conference he attended.

He responded the primary issues of concern to the larger cities were the AT&T and TCI merger and expansion of TCI into digital. (How that affects the franchises and telecommunication ordinances on different jurisdictions throughout the country.) He added the other focuses were government only channels, sources of programming, and the most useful to local communities from national sources.

Bill Van Vactor, County Administrator, stated that at the next MPC (Metropolitan Partnership Committee) meeting, an issue will be the negotiation of the contract with Public Community Television of Lane County. He added an issue that was identified was Community Television's interest in getting channel 11. He asked how important it would be for Metro Vision to change channel numbers and if there is any identity tied to it. He also wanted to know if the MPC should be concerned about it.

Lewis responded that the City of Eugene staff consider public meetings identified with Cable 11 as very important.

Van Vactor asked Lewis if there was much identification with Channel 11 in government.

Lewis responded that on a recent survey that TCI provided (within the last few months) over 14,000 people per week watched Metro Vision specifically with regard to government programming.

Van Vactor asked again with regard to the channel, if it is a negotiating point with Community Television, is it hard to change what is now on Metro Television to channel 12 or 13, or some other number and is it a big issue to train the viewers to another channel.

Lewis responded since the government programming portion is considerably larger than the public programming, it has a huge presence and association.

Cornacchia asked Lewis if the MPC was clear they desired the move and that TCI said they could also make the move happen.

Lewis responded the primary reason for changing from 96 and 97 to Channel 11 and 12 was due to bad reception.

Cornacchia asked if TCI wanted to put Community Television on Channel 97.

Lewis responded that is the station they can feed the signal to when it becomes available.

Green stated concern that viewers had to purchase other equipment if they had older sets because they didn't receive the stations. He said at the last MPC meeting he heard that the lower tier was wanted for the government channels and public access.

Cornacchia stated he was interested in access by the most people to the three different channels, whether they be on 11, 12 is insignificant, but if they are on the upper tiers, there will be no viewers. He said it needs to be clear in the Board's position as to what they would like to see in the realignment and creation of PEG Broadcasting (public, education, government) occur. Cornacchia added the Board has no authority or power but can make it difficult at the MPC meetings. He said while the Board has no authority, they still have the ability to a effect good decision. He suggested something could be done (like a letter) from the Chair that states their desire would be all of the PEG to be broadcast in the lower tier.

Lewis stated the same problems have been present in other cities. He added there have been no legal decisions against cable carriers who force people to pay for a box to receive those channels. He said it is within the Federal Telecommunications Act that even though it is included in basic service, if a television set doesn't get it, they can charge a monthly charge for a box.

Cornacchia stated at the MPC meeting they have directed the cable commission staff to come back to the Board with a contract and if not possible through negotiations, then to bring it back to the Board for direction. He said some of the Commissioners thought they heard there were issues being negotiated by cable commission staff that had not been expressed as important by the MPC.

Weeldreyer stated she hopes Lane County's position for the MPC is to keep all three PEG channels in the lower tier and segregate one to channel 97. She said a commitment of Community Television is to do more mainstream-type programming, like covering events at the fair grounds, Kidsports events, and wider viewing events.

Green wanted to make the point that TCI is negotiating with AT&T. He said it further removes them because they are in Denver. He added it is important to have a local relationship.

Cornacchia asked the Commissioners if they could express a collective position before the next MPC meeting in such a way that it could be part of the MPC packet.

b. DISCUSSION/Evaluation of County Administrator.

Cornacchia stated the assessment of County Administrator Bill Van Vactor's performance over the last year came from Commissioners, department heads and staff. He said it seemed fairly consistent that all of his assessments ran in the eight, nine and ten categories. He added the categories begin with one and two as unsatisfactory to nine and ten as exceptional. He said speaking personally, using the form, he evaluated by number, as an indicator of performance because he was certain it was possible for Van Vactor to exceed his expectations because his expectations are very high. He said he believes Van Vactor is an asset to the organization and to the public as a whole and is an administrator in whom he has complete confidence and faith. He added the County is very confident in its administrator, from his immediate bosses to people that are three or four levels removed from the decision making.

Dumdi stated she agreed with Cornacchia. She said she graded him an eight plus or a nine-minus, which she feels is an excellent evaluation overall. She said she has confidence in the direction he gives to the County and the way he is able to work with people. She added she appreciated working with him and having his expertise available.

Green stated he rated Van Vactor higher this year than last year. He added his average was around nine. He said he attributed it to his leadership as he sets the tone and gets staff to continue to follow through. He said when he chairs a committee he is getting more support. He said Van Vactor is accessible and listens to ideas and he doesn't agree, he always suggests different ways of approaching the strategies on how to get it done. He said Van Vactor also delegates the responsibilities that the Board has given direction to the appropriate party. He mentioned that David Suchart said, "You either have it, or you don't." and Van Vactor has integrity. He added that Van Vactor was hard on himself for his self-evaluation. He said he is pleased with the way things are going and looks forward to greater things.

Sorenson said his comments were parallel with the others. He said he appreciated the review taking place in a public session. He said the word to describe Van Vactor's work is excellent. He said Van Vactor has a tremendous amount of knowledge and respect and is not afraid to delegate. He said it is important that Van Vactor execute his knowledge and leadership during the period of bringing two new board members on. He said he graded Van Vactor high on following the Board's directions

Weeldreyer stated she was a better County Commissioner because of what she has watched him, lead, by example. She said even before she became a commissioner, she has always admired his management style. She said he tries to be inclusive, to hear as many points of view as he can. She said she has seen real improvement. She said he tries to maintain a sense of balance by still providing community service in the Pleasant Hill area with the school board, his family and with his professional work obligations. She said she would like to see more employees out of the level of top management to get to know him, as it would instill increased faith and confidence in the organization. She said she would like him to schedule a day (one day a month) to pick a department and have lunch, so more of the line staff employees have a chance to see the skills, talent and integrity that he brings to the job.

Cornacchia stated in general the comments made mirrored those that he made, summarizing what he read of others. He said with that there is value in the Board assigning some type of overall number or assessment collectively. He said it appears the rating is exceptional (at the top of the scale of the grading) as an assessment for him and a message to the organization as to what the Board thinks of their County Administrator. He said for the record, it is established that the Board finds Bill Van Vactor's performance this year was exceptional. He added the discussion of a raise needs to be discussed and Van Vactor has some ideas.

Van Vactor stated he appreciated working with the Board and the backup that they give him. He added it leads to the effectiveness of the Board and County Administration as a team. He also thanked the County Administration staff, the department directors and management team. He complemented the budget staff for their meetings. He said they work well and it made him more comfortable with the decisions that they made. He said with regard to his own performance, he indicated in his self-evaluation that he was still not comfortable in certain circumstances in his ability to communicate orally with the public. He said he does better if he has some knowledge in advance that he is going to speak, so he can outline his comments. He added it is an area that he is going to continue to work in. He said he welcomes getting out into the community. He said in the next year there will be a significant change in the Board of County Commissioners and Budget Committee members so the budget will need to be examined methodically. He said there is a huge workload on the support service with regard to the year 2000 transition. He also thanked Arlene Marshall, Zoe Gilstrap, Melissa Zimmer, Ethel Mashaw and the Document Resource Center, for being a tremendous team. He added County Administration comes out well in the evaluations due to their hard work. Regarding compensation, he said in the past he had a contract with the Board and would like that issue to be referred to the Finance and Audit Committee, for both compensation and execution of an employment contract. He said it will then go to the Board for action.

c. DISCUSSION/Evaluation of County Counsel.

Cornacchia reported that County Counsel Teresa Wilson (over the years) has had the same type of evaluation that was provided to Van Vactor. He said he was impressed with the confidence that the people who operate under her legal directive, work with and for her. He said she places her work in such a way that it can deliver the services it needs to, provide the functions that it must, with some risk taking and it has not changed over the years. He said the advice that has been given to him has proven to be good advice. He added there is no better way of determining a lawyer's value and ability than a post examination of the counsel that was given. He said he has complete confidence and faith in her abilities and willingness to get the job done. He added a lawyer's life is one of anxiety from the realization that people's freedom, financial worth and futures are held with them. He said he does not see anxiety in Wilson but he knows it is there and she masks it well. He said his evaluation of the others is she has been adjudged as exemplary, exceptional and excellent. He added he agrees with what others have stated.

Dumdi agreed with Cornacchia and stated she gave Wilson a nine, which is in the exceptional category. She added she works hard under pressure and is extremely capable. She also said her staff does an excellent job and appreciates the expertise of Steve Vorhes on land use issues, Dave Williams on litigation and Trina Laidlaw on contracts. She also praised Betty Julian and Jerry Pierce's work.

Green stated he rated Wilson very high. He added he has always been impressed with her work ethics. He said he appreciates the fact if she doesn't know an answer, she always does research and then gets back. He said he thinks her strongest asset is her caring and concerning attitude for the County. He said he is comfortable with her staff and support staff as they are extremely accessible and they come through in a timely manner. He said he is very pleased with her performance.

Sorenson said he appreciated the openness of the evaluation process. He said the Board is personally responsible for many of the decisions and said he appreciates the advice that he receives from Wilson. He added the written comment that it is most important there should be a continued advocacy for the office in the budget process. He said she did that very well. He also said that she needs to be more direct with the Board on what her office is not able to do because of the crushing work load.

Weeldreyer echoed everything that has been said. She said she especially appreciates how Wilson goes beyond just the legal requirement of a legal opinion and provides a political and organizational type of perspective. She said that has contributed to many good decisions that the Board has taken because she has gone the extra mile. She said that Wilson does an exceptional job and her integrity is beyond measure. She added it forms the bedrock of the organization and that is why the stability and trust is present. She echoed what Dumdi said with regard to the department and staff working well together as a team and feels the County is stronger and better for it.

Dumdi stated that having an in-house counsel is far more efficient and cost effective than contracting out.

Cornacchia stated that by summation of the comments, she would also receive an exceptional evaluation and rating. He added her salary would be forwarded to the Finance and Audit Committee.

Wilson thanked the Board for the strong support she receives from them. She said they make the County a delightful place to work. She added while the Board may not like the advice at times and choose to go in a different direction, she said it has always been received, understood and appreciated. She said the Board is a very good client for an attorney to have and thinks that is why they are so successful. She also thanked the staff in the office including the attorneys and Betty Selfridge and Jerry Pierce, the law library and the other departments. She said people have been understanding of the work load issues.

5. EXECUTIVE SESSION as per ORS 192.660

Will be held later in the morning.

6. COUNTY ADMINISTRATION

a. Announcements

None.

b. DISCUSSION/Changes in Public Contract Rules.

Van Vactor said an additional issue is the conversion of the financial system and how contracts are processed. He said the County is trying to re-engineer the contract process in advance of that portion of the financial conversions, so they will match. He said that was part of the commitment when the financial conversion started, to look to see if there are more efficient ways to do business. He said the recommendations are due to the efficiency of expediting and processing contracts.

Cornacchia stated the issue is State Public Contract Rules have been changed, which raises the limits that contracts must be let for bid from $25,000 to $50,000 and the limit that quotes must be obtained from $2,500 to $5,000. He added the two questions posed by Van Vactor and Wilson are: "Should the County raise its bid limits?" and "Should the limits be raised for authority delegation to the County Administrator to execute contracts?" He said the recommendation is in the affirmative. He said, given what is present about the discussion of the bidding limits and authority of the administrator, it is his recommendation to follow Van Vactor's recommendation and approve the order.

Wilson stated it will produce massive changes to the Lane Manual which is why it was brought up as a discussion item first. She said the County Administrator can make a recommendation to delegate further. She said if it is the Board's desire to provide the opportunity for him to make delegations as he chooses, he can delegate further down the line. She said his ability to delegate further might be open to question and that is one thing that will be clarified with the Lane Manual change. She said they will make changes in the Lane Manual to simplify and make the process more understandable. Wilson said the recommendation is to give the County Administrator full authority to delegate as he deems appropriate.

Van Vactor said he is not inclined to do a general subdelegation of $50,000 with all of the department directors because there needs to be some sort of central processing.

Wilson's recommendation is to make it a general delegation because it gives him the ability to delegate authority to sign contracts when he is away from the office.

Cornacchia said that no matter what action is taken, it doesn't change the charter of Lane County. He added if the communication is set up in such a way that everyone knows what is happening, then in the event there are questions about whether or not the right judgment is being applied, the commissioners could immediately intercede in that situation. He said the delegation is not as important to him and he is supportive of the general delegation. He added it is the structure and the system that is set up to ensure there is adequate communication of the actions taken by Van Vactor and by delegates thereafter. He said the general direction is to go forth, with the understanding that it will be looked at and then voted on.

7. PUBLIC WORKS

a. FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING /Ordinance PA 1120/In the Matter of Adopting the Creswell Transportation System Plan, and Adopting Savings and Severability Clauses (Second Reading & Public Hearing: October 28, 1998, 1:30 p.m., Harris Hall Main Floor).

MOTION to approve First Reading and Setting Second Reading and Public Hearing.

Dumdi MOVED, Weeldreyer SECONDED.

VOTE: 5-0.

b. ORDER 98-10-14-1/In the Matter of Approving a $51,140 Cash Settlement with the State of Oregon for the Replacement of the Armitage Park Caretaker Residence and Delegating Authority to the County Administrator to Sign a Settlement Agreement.

MOTION: to approve ORDER 98-10-14-1.

Dumdi MOVED, Weeldreyer SECONDED.

Cornacchia said this would give the County money from the State to rebuild or place a mobile home on the site and with flexibility, use some County resources and apply that money to the best benefit of the public at Armitage Park. He added the money would be spent at Armitage and nowhere else.

VOTE: 5-0.

8. CONSENT CALENDAR

A. Approval of Minutes: September 23, 1998, Regular Meeting, following HACSA

B. Assessment and Taxation

1) ORDER 98-10-14-2/In the Matter of Approving the Cancellation of Personal Property and Personal Property Manufactured Structure Uncollectible Accounts.

C. Health and Human Services

1) RESOLUTION AND ORDER 98-10-14-3/In the Matter of Delegating Authority to the County Administrator to Sign Contract Amendments for Sub-Acute/Crisis Services with SCAR, Looking Glass, and Lane ShelterCare for the Period 10/1/98 - 9/30/99.

2) RESOLUTION AND ORDER 98-10-14-4/In the Matter of Approving Submission of a Grant Application to the Oregon State Library for $20,000.

3) RESOLUTION AND ORDER 98-10-14-5/In the Matter of Delegating Authority to the County Administrator to Sign Contract Amendments for Pacific Gateway, Providence and PeaceHealth Hospitals to Serve on the Lane County Managed Mental Health Provider Panel.

D. Management Services

1) ORDER 98-10-14-6/In the Matter of Authorizing the Sale of Surplus County Owned Real Property to Teresa Canales, Claiming Successor in the Small Estate of Edith Slyter (Map #21-35-17-23-03300, 47624 Teller Road, Oakridge).

E. Public Works

1) FINAL ORDER 98-10-14-7/In the Matter of Alteration of Portions Of County Roads Number 227, 444, 583, 647, 729, 880, 891, 951, 1297 and 1351 (Commonly Known as the Lorane Highway Including Intersections with Summerville Road and Fox Hollow Road; Bailey Hill Road and Spencer Creek Road) Being Located Within Sections 21, 28, 29, 30 and 31 Of Township 18 South, Range 4 West; Sections 5, 6, 7 and 8 of Township 19 South, Range 4 West; Sections 12, 13, 14 and 23 of Township 19 South, Range 5 West of the Willamette Meridian.

2) ORDER 98-10-14-8/In the Matter of Releasing and Dedicating a Parcel of County Owned Real Estate, Shown as Parcel "A" of Land Partition Plat Number 93-P0420 as a Public Road. (18-02-06).

3) ORDER 98-10-14-9/In the Matter of Awarding a Contract to Hessel Tractor & Equipment Co. in the Amount of $58,997 Without Trade-In for the Purchase of One (1) New Backhoe/Loader, Contract No. FY 98/99 FS-03.

4) ORDER 98-10-14-10/In the Matter of Appointing the Investment Manager of the Oregon State Excess Fund as Attorney-in-Fact for Lane County in a Limited Capacity and Authorizing the County Administrator to Sign the Power of Attorney.

MOTION to approve the Consent Calendar.

Green MOVED, Dumdi SECONDED.

VOTE: 5-0.

Commissioner Cornacchia recessed the meeting to return at 11:10 a.m.

9. HEALTH AND HUMAN SERVICES

a. RESOLUTION AND ORDER 98-10-14-11/In the Matter of Accepting a Grant From the Federal Office of Juvenile Justice and Delinquency Prevention; Delegating Authority to the County Administrator to Sign the Notice of Grant Award; Increasing Appropriations in Revenues and Expenditures in the Amount of $99,551 in Fund 86; and Creating a .75 FTE Program Services Coordinator in the Department of Health and Human Services.

Rob Rockstroh, Health and Human Services, stated this was to work on a coalition with children to reduce heroin in teens.

MOTION: to approve RESOLUTION AND ORDER 98-10-14-11.

Green MOVED, Sorenson SECONDED.

VOTE: 5-0.

10. MANAGEMENT SERVICES

a. ORDER 98-10-14-12/In the Matter of Establishing the Classification and Salary Range for Sheriff's Office Fleet Services Coordinator.

Van Vactor reported this position came out of an audit assessing the Public Safety Department.

MOTION: to approve ORDER 98-10-14-12.

Dumdi MOVED, Weeldreyer SECONDED.

VOTE: 5-0.

b. ORDER 98-10-14-13/In the Matter of Appointing Two Pools of Board Members Who May be Selected by the County Clerk to Sit on the Board of Property Tax Appeals.

Annette Newingham, County Clerk, and Bobby Green brought the recommendations to the Board of a pool of non-office holding positions for the Board of Property Tax Appeals. She said the members representing the County Governing Body are Donald Moon Lee and Robert Taylor. She added the resident members are Harry Abel, Robert Greuner, Constance Lovelace, Donald Moon Lee, Charles Seldon and Robert Taylor.

Green stated he was in agreement with the recommendations. He added it is hard to get a level of experience at this time and these candidates are the best offered.

MOTION: to approve ORDER 98-10-14-13.

Dumdi MOVED, Green SECONDED.

VOTE: 5-0.

11. EMERGENCY BUSINESS

None.

Commissioner Cornacchia recessed the meeting to Executive Session at 11:30 a.m.

Melissa Zimmer
Recording Secretary

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