2012-1828-Minutes for Meeting September 11,2012 Recorded 10/5/2012DESCHUTES COUNTY OFFICIAL RECORDS
NANCY BLANKENSHIP, COUNTY CLERK VV ` i Y
COMMISSIONERS' JOURNAL 10/1812012 10;31;00 AM
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2012-1828
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Deschutes County Clerk
Certificate Page
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
TUESDAY, SEPTEMBER 11, 2012
Present were Commissioners Anthony DeBone, Alan Unger and Tammy Baney.
Also present were Erik Kropp, Interim County Administrator; Sheriff Larry
Blanton; Mike Espinoza, Tim Edwards, Shane Nelson, Darryl Nakahira and James
Ross, Sheriff's Office; Ken Hales, Community Corrections; Scott Johnson, Health
Services; Anna Johnson, Communications; Susan Ross, Property & Facilities;
David Givans, Internal Auditor; Jeff Hall, Court Administrator; media
representatives Erik Hidle of The Bulletin and Joe Burns of KTVZ TV; Yaju
Dharmarajah, AFSCME Council 75 Representative; and approximately ten other
County employees and other citizens.
Chair DeBone opened the meeting at 1:30 p.m. The discussion on jail expansion
issues was audio recorded.
1. Jail Expansion Discussion - Continued.
Commissioner Unger said the primary problem to address today is an
overcrowding situation in the jail. Spending $273,000 a year for ten beds in
Jefferson County is not a solution. They can take the old OMNI plan relating to
using a Juvenile pod to expand the jail. The other option is utilizing the old
downtown Juvenile detention facility on the short-term, depending on the costs
involved to make it useable. A jail committee discussed the jail issues at
length.
He asked if they see a path for the Juvenile facility that right-sizes it for now
but plans for the future, and whether it make financial sense. Also, does it
change operational costs by using the old facility; the work release center would
be lost as well. This would add a few more beds but not the 144 that is a scaled
down version of the original recommendation.
Minutes of Board of Commissioners' Work Session Tuesday, September 11, 2012
Page 1 of 10
Commissioner Baney said that the Juvenile facility has 66 beds. This could add
88 when used for adults. It does not allow for separation if needed. However,
repurposing an indoor recreation area and the now-vacant Kemple Clinic also
needs to be considered for immediate needs, at some additional costs for
remodeling.
Chair DeBone stated that the bond may not be an option, but he is not sure what
the result will be today. He stopped by The Dalles facility for juveniles,
NorCor, which is simple and clean, built in 1998, and is 50% utilized at this
point. He does not know about the costs for transportation and renting beds
there, or what programs might be available, but this could be an option.
Commissioner Baney stated that they used to run a 30-day program here, which
as far as she knows has been discontinued. Judge Forte stated that they are not
operating the 30-day program as in the past. They have had significant success
with these programs while struggling on the adult jail beds side of things.
Chair DeBone said he is leaning towards a rehab of the old facility. The Court
Administrator, Jeff Hall, has asked to speak on this topic.
Commissioner Unger asked how this would change the Juvenile program and
what would be lost or at risk. The potential impacts of such a change are not
clear to him. He asked if this would then create more of a load in the facility.
Commissioner Baney stated they have had to stop funding a lot of programs
that are evidence based and keep kids out of the facility. She hopes this can
right-size to what they need and focus more funding towards balanced and
restorative justice programs. They are doing some of the programs, but not the
early childhood programs and others. There has been no discussion about
reinvesting these dollars; and the highest cost is detainment, not prevention.
There is also a Linn-Benton twenty bed facility and they have empty beds. She
wants to know what the number would be to right-size the program here.
Chair DeBone said to be aware there would be a chain-reaction to making these
changes, and they need to be aware of potential ramifications. There may be
resources that can be repurposed, though.
Minutes of Board of Commissioners' Work Session Tuesday, September 11, 2012
Page 2of10
Court Administrator Jeff Hall said that Judge Brady asked to convey Court
opinion. The Court agrees the Jail is insufficient and needs change, and soon.
However, they are certain using the old eight-bed Juvenile facility is not a
solution, even for the short-term. Something in between may the solution to
help both the jail and Juvenile.
Eight beds are insufficient at this point and for the future for housing and
programs. They are averaging 12 to 15 juveniles, dealing with male and
female, and some have medical, behavior or mental health issues, so this is not
a viable option even for the short-term. It is unworkable. Averages have a high
and low, and you have to be prepared for the high. This is what happens in the
adult jail now. The Courts feel youth are more volatile and unpredictable, and
cannot always just be let go due to lack of space.
Commissioner Unger stated that there are also court appearances and courtroom
use factors. Mr. Hall said there are transport issues, and sight and sound
limitations are an issue. He is not familiar with the layout, but there are
concerns about being able to handle court cases with both adult and juvenile
populations present.
There is no place in the courtroom areas to hold people awaiting court times
now, so there certainly would be no holding area for juveniles. It is likely that
they would have to hold court separately.
Chair DeBone noted that one choice affects another. There appear to be a lot of
issues related to the old facility for juveniles. Commissioner Unger asked about
NorCor regarding court appearances, programs and other issues. Commissioner
Baney said that unless NorCor is being used for the thirty-day program, it is not
a good idea. Most juveniles taken into the system are pre-adjudicated, and
experts are then in the process of figuring out their needs regarding family,
mental health and other issues. That close contact is important. If they want to
retain a level of commitment towards the youth, a short-term plan is needed.
There is video conferencing available; but this would be more useful for the
thirty-day program.
Mr. Kropp asked about capacity at NorCor. Chair DeBone said there are two
buildings; one for youth and one for adults. They claim that they specialize in
juveniles.
Minutes of Board of Commissioners' Work Session Tuesday, September 11, 2012
Page 3 of 10
Commissioner Unger feels they need a better plan for juveniles. Commissioner
Baney stated they have spent a lot of time on studying jail needs, but the last
real discussion regarding Juvenile was to reaffirm balanced and restorative
justice, which was some time ago. Money is being spent on detention facilities
when maybe it should be spent on programs instead.
Commissioner Baney said that they are as lean as they can be, given the
functionality of the facility. They cannot cut back staffing any more. The
question is, is it acceptable to fund this or try to right-size it. The work being
done has kept kids out of the facility and she wants to continue investing in that
direction. Each year prevention funding gets cut even more.
Commissioner Unger stated the Sheriff wants to move forward on the Jail issue.
He wondered what kind of timeframe this new direction would take.
Chair DeBone asked if it is right and feasible to put adults in that facility and
find another place for the juveniles.
Commissioner Baney asked if it is possible to add on to the existing old facility
and whether is it cost-effective. If space is added of more than 50% of its size,
per statute Juvenile code requires more. Susan Ross stated it could be added
onto, but the cost is an issue for an interim solution. It would not be ideal and
remodels are typically expensive. Technically, it could have space added but it
would not answer all needs. She calculated twenty beds using standard square
footage of 60 per child, at $5 million.
Commissioner Unger stated this is not the interest cost over the years, just the
project. Mr. Kropp stated that they may have to borrow that amount. Ms. Ross
said she checked with an expert on this. They would need to look at trends,
staffing levels, design options, programs, location and more. It would cost
about $35,000 to have the whole program reviewed.
Commissioner Baney asked when the jail project could start. Ms. Ross stated it
might take two years from the time of a decision. Depending on the site
development issues and other factors, it would take that much time and maybe
more.
Minutes of Board of Commissioners' Work Session Tuesday, September 11, 2012
Page 4of10
Chair DeBone said that if the medium security work center was closed, maybe
it could be used for classrooms. Ms. Ross said it is not suitable for detention or
Juvenile programs.
Commissioner Baney stated there is a public safety issue. She hears what the
Courts are saying, but it seems okay for the Courts to be lean, which impacts
other agencies; but the County is forced to identify what to do about it. This is
emotions versus economics.
Chair DeBone is leaning towards doing this, but there will be hard choices. It
will not be optimal to start.
Sheriff Blanton said that he takes exception to what Mr. Hall said. Juveniles
are not any harder to oversee than adults. It is about numbers and issues, and
there is a 300% difference between juveniles and adults. The number of beds
and the need for separation is much greater for the adults. He has a program
called COPY that used to be grant-funded but is not now. There is no easy
short-term decision. The adult jail crowding issue has been going on for years.
The humane aspect and insufficient safety for staff and inmates are the biggest
concerns. They are ready to go forward, but he will not shoulder the blame
when things go wrong due to delays or bad decisions.
Commissioner Unger asked about transferring juveniles short-term to NorCor;
and whether they can be adjudicated there and not here. Commissioner Baney
asked if this means moving them all there for everything. She said there are
only 11 detention facilities in 36 counties. That is an option, but she does not
know if it is the right one. Commissioner Unger stated that they might want to
invest funds in it to make it work for a while. That would allow for addressing
the jail issue and figure out what to do with the Juvenile facilities, rather than
waiting another four to six months to get started.
Commissioner Baney asked if it is appropriate to go forward with a decision on
the old facility or do they want an in-depth report on the overall plan for
juveniles. They can bond for the $10 million or utilize the old facility at $5
million for that, plus whatever funds it takes for the jail work, using the
Juvenile areas.
Minutes of Board of Commissioners' Work Session Tuesday, September 11, 2012
Page 5of10
Commissioner Unger asked whether this means using the Juvenile facility for
jail needs. He is concerned about the timelines. Going forward with the jail
project will provide beds in two years. Otherwise, they may have to wait longer
for this, the main problem.
Commissioner Baney said they are mandated to have an adult jail. A Juvenile
facility is not mandated. They no longer have the same needs and benefits in
this program. Maybe it is not a cost savings but just a reallocation of how those
funds are used, for prevention rather than facilities.
Commissioner Unger asked if there are still prevention programs in place since
there are fewer juveniles coming in now. Many are referrals. Something good
is being done. Commissioner Baney stated that the evidence based work has
done its job, but she wants to get to the core of the family unit and look into the
future. This prevents them from becoming a problem later in life. The
programs have been gutted, however, and will not be addressed much in the
future. Commissioner Unger asked if more of these programs will be
eliminated and things that are now under control will be an issue later.
Commissioner Baney stated that the County tries to be proactive, but there are
limitations as the State cuts programs and funding. They do not detain as many
as they used to for whatever reasons. These facilities are costly, and a lot of
counties are not providing this service at all since it is not mandated.
Chair DeBone said this has gone from one problem to two, and now three. It
would take a few months to get adults into the Juvenile facility as it is, and
would not give the Sheriff all he needs at this point; and they would still have to
analyze the Juvenile factors. The Courts do not think the old facility would be
adequate and feel it cannot be made that way. If it cannot house all the
juveniles, they need to look at other options.
Commissioner Unger said that there are high SDC's attached to the jail project.
If that was invested in the downtown building, he wants to know what that
would cost.
Commissioner Baney wants to take a hybrid, try to get this more acceptable for
the short-term. If this meets basic needs to keep the juveniles here, she would
do this rather than have all go to NorCor. Perhaps the juveniles with long
sentences can go there. Chair DeBone said it will not be as secure and there
would not be offices and support in the same place.
Minutes of Board of Commissioners' Work Session Tuesday, September 11, 2012
Page 6of10
Ken Hales said the old facility had offices next door, not in the footprint of the
building. Commissioner Baney said some might think it is wasted money.
Sheriff Blanton stated that at budget time, $800,000 was to be used for adult jail
expansion from the Jamison fund.
Commissioner Unger asked what the intent is; to move forward or get feedback
from others who are involved. Everyone needs to be fully informed.
Mr. Kropp said they could look at options, costs and management. They need
to decide whether to:
Use the current facility, but downsize.
Remodel and use the old facility.
Use NorCor for all or some juveniles.
The costs would be at best a ballpark figure. They could also bring the basic
analysis to the next Public Safety Coordinating Council meeting for opinions.
Commissioner Baney said that they want to know about unintended
consequences. How the Courts feel is a concern. She is not sure who else
needs to be involved because it is a County policy issue.
Mr. Kropp stated police chiefs should have a say. At some time, they need to
talk about transferring resources from one location to another. It is unknown if
the bond can be repurposed, but it is for public safety purposes.
Commissioner Baney is concerned about moving straight to NorCor. She wants
to see a needs assessment for Juvenile. She knows they need to prepare for
differences in the juvenile population. Maybe they need to consider an entirely
different facility for the juveniles.
She is not in favor of bonding for additional jail beds at this time. She wants to
utilize existing facilities to handle adult jail needs. A concession would be a
report on detention needs.
Commissioner Unger agreed regarding the bonding issue; and not adding to the
present jail system, but to look at utilizing the facilities now there.
Minutes of Board of Commissioners' Work Session Tuesday, September 11, 2012
Page 7of10
BANEY: Move they not move forward with bonding for a jail expansion.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
DEBONE: Chair votes yes.
BANEY: Move they concession an assessment of Juvenile detention needs,
with a target completion date of four months. The County
Administrator can sign this agreement.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
DEBONE: Chair votes yes.
Commissioner Baney asked about the costs associated with the list of options.
This includes adding on to the downtown facility; the number of beds, transition
plan costs; and the costs associated for top average number over the past five
years. The intent is to utilize existing facilities for adult jail needs.
Mr. Kropp reiterated this would be to analyze current space, the costs of making
these adjustments, and the cost of expanding facilities.
Ken Hales stated that he thinks he is hearing that the old building would be
brought to Code, or would be expanded. In either case, operational stability
would not be long-term.
Commissioner Baney said it would probably accommodate twelve. She does
not want to lose programming. They have to balance staff and programs.
Sheriff Blanton stated that they can use the same courtroom but will help with
transports. It will not be perfect for anyone. Mr. Hales noted that
transportation needs to be added into the report. The Courts need to be a part of
this as well.
Minutes of Board of Commissioners' Work Session Tuesday, September 11, 2012
Page 8of10
Yaju Dharmarajah asked to speak. Chair DeBone noted that this is not usually
allowed at work sessions, but is at the Board's discretion.
Mr. Dharmarajah asked about the potential impact on jobs in Juvenile. There
has been no discussion on the impacts on employees and their families, so this
seems to state that there would be layoffs.
Commissioner Baney said that it is too soon to know. This will be part of the
analysis. She added that the County has a history of taking care of its people,
so they will be consistent with this as much as possible. The Sheriff's Office
has experienced a lot of cuts as well. The goal is to have all of this figured out
within two years, with both houses being in order. This is a short-term fix.
Chair DeBone asked that it be determined what NorCor can do and include that
information as well. Maybe some of the juveniles can go there if necessary.
The Board will include an update on this item on the agenda for the work
session of September 26.
2. Other Items.
The Board then discussed County College, and how presentations would be
made.
They decided they would divide the attendees into groups, and give scenarios
regarding running government `more like a private business'. For instance,
groups often ask for reduced fees at the Expo Center. What would they do if
this occurs? Or, if there is a major construction project and an out-of-state
bidder has the lower bid. How would they handle this? Given the constraints
of government and State law, the groups can analyze what can and cannot be
done.
Commissioner Unger will give an overview of the history of the County; Chair
DeBone will talk about a day in the life of a Commissioner; and Commissioner
Baney will discuss the differences between federal, state, city and county
governments. Mr. Kropp will give an overview of how administration handles
the daily work.
Minutes of Board of Commissioners' Work Session Tuesday, September 11, 2012
Page 9of10
Mr. Kropp spoke about the upcoming interviews of County Administrator
candidates. It was decided that the Board would meet with the candidates in
executive session. The three other panels are not subject to the public
attending, although the media will be allowed. The group then reviewed
possible interview questions.
Being no further discussion, the meeting adjourn at 3:15 p.m.
DATED this Day of 2012 for the
Deschutes County Board of Commissioners.
Anthony DeBone, Chair
6~~_ U*-~-
ATTEST:
Recording Secretary
Alan Unger, Vice Chair
Tammy Baney, Com 'ssioner
Minutes of Board of Commissioners' Work Session
Page 10 of 10
Tuesday, September 11, 2012
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
WORK SESSION AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:30 P.M., TUESDAY, SEPTEMBER 119 2012
1. Jail Expansion Discussion - Continued
2. Other Items
PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real
property negotiations; ORS 192.660(2) (h), litigation; ORS 192.660(2)(d), labor negotiations; or ORS 192.660(2) (b), personnel issues.
Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners' meeting rooms at
1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572.
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
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