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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 11111111111111111111111111111111 2012-1828 Do not remove this page from original document. 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. 4 N N I I I o~ ~ ;1' III II ~ ~ C~0 ICI I c I x J., ' ~ I ~I LAN ' I L Nali I ~II { - - _ it i V ~ III ~ ~ I I I'll i ' III f ' ~ I I, I ZI)~ I I L ~I v ~ 'I i I 'I ! I III ~I ~ ill ~I~I~ II~~' I it II, I II I c > 0 10 vr~ v I M I 'I ~ ~ III ~ I I ~ ~ ~ ~ ~ r kA ~ a I J e H ~I G1 J ~a la ~ r n.