Loading...
HomeMy WebLinkAbout2010-02-03 Business Meeting MinutesDeschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, FEBRUARY 3, 2010 _____________________________ Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend __________________________ Present were Commissioners Dennis R. Luke, Alan Unger and Tammy Baney. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; Laurie Craghead, County Counsel; Sue Brewster, Capt. Ruth Jenkin and Sheriff Larry Blanton of the Sheriff’s Office; Susan Ross, Property & Facilities; Anna Johnson, Communications; and approximately twenty other citizens including representatives of the media and the 911 Executive Board. Chair Luke opened the meeting at 10:00 a.m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was a Final Hearing, and Consideration of Signature of Order No. 2010-011, Establishing the Name of Pinewood Estates Special Road District, and Ordering that a Measure to Form the District be Placed on the May 18, 2010 Primary Election Ballot. Chair Luke opened the hearing at this time. Ms. Craghead said the legal description has changed a little in regard to the Sitkum Acres name. She said the first fiscal year should raise about $13,000 to help pay for the construction of the road. A double majority is not required in the primary. Notice has been published as required. No public testimony was offered, so Chair Luke closed the hearing. BANEY: Move signature of Order No. 2010-011. UNGER: Second. Minutes of Board of Commissioners’ Business Meeting Wednesday, February 3, 2010 Page 1 of 12 Pages VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 3. Before the Board was Consideration of Signature of Order No. 2010-124, Approving a Contract-Specific Special Procurement for Operation of Residential Mental Health Treatment Facilities. Mark Pilliod explained the Order, and that Lori Hill handled most of this. The special procurement is requested due to the nature of the services to be required. Dave Kanner added that the State selected Telecare, but the County has to enter into the agreement. The State will provide payment, and the State did go through a competitive bidding process. Mr. Pilliod said that the County could go through the same process. However, the State has already negotiated a lease for the future occupation. There really does not seem to be another option. BANEY: Move signature. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 4. Before the Board was Consideration of Signature of a Notice of Intent to Award Contract Letter for the Construction of the Deschutes Recovery Center. Susan Ross said that solicitation was done, with eight submittals, and the apparent low bidder was HSW. She added that the Swalley canal relocation project is already underway. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners’ Business Meeting Wednesday, February 3, 2010 Page 2 of 12 Pages 5. Before the Board was a Public Hearing, and Consideration of Signature of Resolution No. 2010-006, Adopting a Supplemental Budget for Fiscal Year 2009-10. Chair Luke opened the hearing. Mr. Kanner noted that the County has received an award for its budget process from the GFOA for the second year in a row. Mr. Wynne stated that investment earnings for the County are at .055, while in Idaho it is at .025 and Washington is .028. This is a concerning trend. Mr. Kanner indicated that a fund will be created for the Sheriff’s bond issue. Being no further discussion, the hearing was closed. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 6. Before the Board was Consideration of Signature of Resolution No. 2010- 007, Submitting to the Voters in a County-wide Election a Bond Measure to Fund County Jail Expansion and Remodel. Sheriff Blanton explained that this is an important consideration. The County and Sheriff’s Office have worked hard over the past four years to provide quality of life and protection with the existing jail. When they first started talking about the jail with professionals, the experts felt the project would cost about $80 million. The County decided that an interim phase would be needed, and there was also hope that the need will not be this great. This bond would add 200 beds to the existing facility in addition to facilities that are lacking in terms of providing for those with mental health and physical disability issues. There would be 50 beds for special needs inmates who qualify. He said he has been asked about the State stepping in and helping out, and that there is supposed to be drug and alcohol treatment at the state prison. This is not accurate. Within Deschutes County and other counties, when someone comes into the jail, their physical and mental status is evaluated. Minutes of Board of Commissioners’ Business Meeting Wednesday, February 3, 2010 Page 3 of 12 Pages They also are provided necessary evaluations and treatment for drug and alcohol issues while awaiting trial; this is through Deschutes County. This needs to be done to break the revolving door of these issues and crime. The voters passed stable funding so adequate staffing could be provided for corrections, and to remodel and reopen the closed work center, which gave about two years to be able to transition people through. They are not matrixing right now, but it is coming again. At one time they had to matrix out over 1,000 inmates in one year. He is asking for a resolution to help do the right thing, which is to ask the taxpayers to approve a $44 million bond for jail expansion and remodel. This will cost the average taxpayer about $36 a year. This will help solve the matrixing problem. He is obligated to let citizens know in advance of any potential safety issues. He is asking the taxpayers to say what they want to see in public safety. There is a business plan in place. The current facility costs about $.14 per thousand, and this debt will be satisfied in about two years. The $.08 per thousand bond for the library is almost satisfied. The bond for the expansion of the Fairgrounds is also about to retire. Talks and discussions have occurred and continue to occur regarding the tax burden. Those at the County cannot afford to sit on their hands and not advise citizens of upcoming issues, and then start matrixing out inmates. Citizens have a right to know about potential safety issues. On May 18, taxpayers will be asked how they want public safety handled. There will be town hall events and other interaction with the public in the meantime, to discuss the need and potential consequences. The last thing he wanted to do was to run another campaign relating to taxes, but it is necessary. The maximum tax rate has not been assessed, as he does not want to unnecessarily raise taxes. The Sheriff’s Office will present to the Budget Committee this year a plan to not increase the tax rate for the fourth year in a row. This takes hard work and the cooperation of the department. They always run short-staff, have unfilled positions, but have been able to function as needed. This needs to be on the ballot of that citizens will show how much support they feel they want to give to cover these needs. Commissioner Baney thanked the Sheriff and his team. This work has not taken place in a vacuum. The process has gone on for years, and is on track with what was stated. They opened the Work Center, which gave the Sheriff the ability to reduce the numbers in the jail. It is important to know that not doing the whole plan as originally presented is somewhat risky. Minutes of Board of Commissioners’ Business Meeting Wednesday, February 3, 2010 Page 4 of 12 Pages The County was told that they would need twice as much as is now proposed. Some people have said these are scare tactics. They are not. The day more jail space is needed is not the time to try to build one. It’s time to do this now. A lot of community members have excellent ideas on how to reduce the jail population. Most inmates are there pre-trial and have to be held until they have their day in court. There is a real risk of matrixing again. 1,000 people were let out of jail based on the how bad their offenses were. No one should have to make those kinds of decisions. The Board has talked about this in partnership. Unfortunately, the economy has changed for the worst. The Board will look at selling County-owned land to help with funding. The market is not good and this is not the time for a fire sale on this property. The County is looking for a partnership with residents while the County goes through land use actions and other issues to be able to secure the highest price possible for these properties. Some of the property will be put into a fund to eventually cover the debt service for the jail project. If citizens do not want to partner while this takes place, matrixing will undoubtedly become necessary at some point, with its potential consequences. Sheriff Blanton said that he has been asked what has been done to alleviate the jail population. They have exhausted all possibilities. They encourage citations and arrests in lieu of custody, and other things that could be potentially dangerous. They book and release an average of sixteen people a day. Capt. Jenkin has to figure out how to get someone out the door while someone else comes in. This is the only jail in the County, and serves the cities and the Oregon State Police. Commissioner Unger stated that as you look to the national economy, more jobs are needed. This allows the public sector to support more jobs and keep people working. Citizens also want accountability and have supported petitions that want to see people do the time if they do the crime. Because of these, people will have to be held for longer periods of times, and if matrixing is done, a decision has to be made as to which offender gets out early. The need is to plan today and work today to be accountable and ready. Commissioner Luke said that he got an e-mail from a citizen who suggested that there be more than just incarceration. However, alternatives to incarceration may not work if there is not enough jail space. Minutes of Board of Commissioners’ Business Meeting Wednesday, February 3, 2010 Page 5 of 12 Pages Sheriff Blanton explained that they do everything they can in lieu of incarceration. When they matrix, they look at work history, past crimes, the risk to society and the nature of the crime. The risk of matrixing is that people on the street know about it. They know their matrix score. They often know how long they’ll be held. In some cases they are released before the paperwork is done. To provide them with help for addictions or to get an GED, unless they are a captive audience for a long enough period of time, it won’t work. If there is no threat of jail time, there are no teeth for conditional release. There needs to be available jail beds when needed if the people don’t abide by the conditions of the release. Commissioner Luke added that a fund was established previously for land sales, and the money from that fund has helped cover the debt service for the Becky Johnson Center and the Health building. Voters were not asked for funding when the current Deschutes Services Building project and the Courthouse remodel were done. There is a proven track record for the fund. Staff is now looking at what properties might fit. They cannot promise the voters that the fund will cover it all, but the intent is to reduce the impact. He said he has a lot of trust in the voters. This is part of government. The County is asking for advice and support by putting it on the ballot. Sheriff Blanton said that the stable funding for the Sheriff’s Office as passed in 2006 can only be used for operational needs and staffing, not new construction. By law, the two cannot be mixed. Commissioner Luke noted that there is only one jail in Deschutes County, and only two jails in the three regional counties. Sheriff Blanton stated that he was asked about the State facility. The last thing he wants to see is the State influencing what is important locally. The State passed a House Bill and Senate Bill that releases people early from the State facility. The County has an agreement with Jefferson County regarding sentenced people, but they are putting an operating bill on the ballot so they can actually staff the facility. Citizen Mike Lovely said that he is very supportive of the Sheriff and this endeavor. Public safety is one thing that will draw people to Central Oregon. There are a lot of other good things, but if you are not safe, it is scary. Minutes of Board of Commissioners’ Business Meeting Wednesday, February 3, 2010 Page 6 of 12 Pages He feels that including the courtroom addition to the jail would cost the average person less than a cup of coffee a day. The current jail was compromised because they were not able to add a third story. The logistics of hauling prisoners back and forth to the Courthouse is expensive and dangerous. It would be better to have a courtroom at the jail. The Sheriff talked about other bond issues going off the books. Mr. Lovely said that he is on a fixed income and is well aware of the cost of things. He has been a member of the Advisory Board for years, and takes this seriously. He is aware of the problems of matrixing. Before this economic slump, programs in place helped to lower recidivism. They need to have a courtroom and enough space, and no matrixing. If this is cut now, it will cost more to pay for it later. Commissioner Luke stated that the County has an excellent relationship with the local judges. They say that they cannot promise they can staff the existing Courthouse the way their budgets have been cut by the State. The building will be made so a courtroom can be added. This has been discussed with the judges and they would have a problem staffing it anytime soon. Sheriff Blanton observed that he appreciates Mr. Lovely’s service to the community. The jail plan goes back to value engineering. Everyone wants to know if it is the bottom line. The reduced plan was about $45 million. The only thing not being built would be the courtroom. They will continue video arraignment, and will add on when able. Even the smallest attempt to save a penny for the taxpayers is what is expected. They will do that and all they can before this is over; this is evidenced by how they’ve made hard fiscal decisions in the past regarding the PERS account, insurance accounts and other things. BANEY: Move signature. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 7. Before the Board was Consideration of Approval and Board Signature of a Collective Bargaining Agreement with the Deschutes County Sheriff’s Employee Association, for the Term of July 1, 2010 through June 30, 2013. Commissioner Luke observed that he feels the Bulletin should have done more research before publishing an editorial today. The work and dedication of the Sheriff’s Office staff is great and the Bulletin was out of line. Minutes of Board of Commissioners’ Business Meeting Wednesday, February 3, 2010 Page 7 of 12 Pages Sheriff Blanton said he is proud of this agreement. They thought outside the box and what is considered the norm. There is a great deal of trust and respect of employees and management. Ask any labor attorney; this is unheard of. When they can sit down over pizza and soft drinks and settle a labor contract, it is unheard of. This saved hundreds of hours and thousands of dollars. It speaks well of the employees. More than a year ago, they forgo a cost of living increase and did not bind the County to one in the future. At the same time, the contract was expiring and they operated without one for a year. Typically retroactive pay will come up in negotiations. The employees did not ask for retroactive pay. They know they serve the public. Contract negotiations also include insurance. The County does not have the Cadillac plan like other agencies. All agreed that we wish there was a better plan, but are thankful for the one we have. It’s the right thing to do to not ask citizens for a better plan at this point. The second and third year of the agreement has a floor of 2% and a maximum of 5%, based on the CPI. Usually this would start at 3% for a COLA. There was an employee meeting last week to discuss a plan, and this had 100% support of employees. It is a huge thing when all entities can come to this kind of agreement. These people walk the jail floor, drive a police car, and are exposed to things that most people will never experience in a lifetime. He is proud of the work that was done. This group is a leader in the county and state for doing the right and innovative thing. They are fiscally responsible all year long. The Department is light on administration, often working short-staffed. They all step up and do the right thing without complaint. They are discussing now what other benefits they can provide for the citizens. Their trust is evidenced by the citizens they serve. Paul Navarro, President of the Deschutes County Sheriff Employees Association, thanked everyone for this agreement. This kind of thing has never been done before. He sat on negotiations in the past and they were long and costly. This kind of trust factor is unheard of. Tim Hernandez, the Vice President of the Association, sat down with the Captains and executive board to discuss the agreement. They did not want to come back and ask for more. There are 149 members who gave unanimous support. Minutes of Board of Commissioners’ Business Meeting Wednesday, February 3, 2010 Page 8 of 12 Pages Other members of the Association then spoke. Tim Hernandez said that the biggest thing is that the people know the economy is down and don’t want to appear greedy. They did not ask for much and used a different approach to address it. There is a sense of responsibility to employees by not asking for too much and have to lay people off later. They all believed this is something they can afford and it is important to them to do the right thing. Mike Quick added that they did want to do what is right. They work lots of long hours. The zero taken last year was the right thing to do. Everyone is struggling. They do not expect anything back from that. They decided not to waste time when they know what they can do and what is right. Laura Conner said that the main concern was not to cost the public more and also not to have to lay off people. Commissioner Baney thanked them for setting the pace for the County and others. No one works in public service to become a millionaire. They did this because their heart is in the right place. Commissioner Unger noted that he is proud to say that Deschutes County employees put the citizens above what they could ask for. This is a great example for other employees and agencies. Commissioner Luke added that the employees are the face of Deschutes County. The citizens respect the County because of those employees who are in daily contact with them. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Before the Board was Consideration of Approval of the Consent Agenda. BANEY: Move approval, with the exception of the minutes which have not yet been reviewed. (Item #16.) UNGER: Second. Minutes of Board of Commissioners’ Business Meeting Wednesday, February 3, 2010 Page 9 of 12 Pages VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Consent Agenda Items 8. Signature of Resolution No. 2010-008, Authorizing Signer for Merchant Agreements on Behalf of Deschutes County 9. Signature of a Letter Accepting the Resignation of Diana Adams from the Howell’s Hilltop Acres Special Road District, and Thanking Her for her Service 10. Signature of Letters Appointing Patty Schulte (through December 31, 2011) and Reappointing Tom Farruggia (through December 31, 2012) to the Howell’s Hilltop Acres Special Road District 11. Signature of a Letter Accepting the Resignation of Don Mercer from the Fall River Estates Special Road District, and Thanking Him for his Service 12. Signature of Letters Appointing William Crow (Through December 31, 2011) and Reappointing Brian Russell (through December 31, 2010 and Neal Ehlen (through December 31, 2012) to the Fall River Estates Special Road District 13. Signature of a Letter Accepting the Resignation of Brad Houslet from the Deschutes River Mitigation & Enhancement Committee, and Thanking Him for his Service 14. Signature of Letters Accepting the Resignation of Bob Baker and Chuck Burley from the Upper Deschutes Watershed Council Board, and Thanking Them for their Service 15. Signature of Letters Appointing the Following Individuals to the Upper Deschutes Watershed Council Board: ƒ Alan Unger (new appointment), through January 31, 2012; ƒ Jim Clinton, Tom Davis and Michael Fisher (reappointments), through January 31, 2011; ƒ Nancy Gilbert, Kyle Gorman, Dan Rife and Rick Wright (reappointments), through January 31, 2012; ƒ Tom Atkins, Herb Blank, Steve Johnson and Joanne Richter (reappointments), through January 31, 2013 16. Approval of Minutes: ƒ Business Meeting: January 20 ƒ Work Session: January 20 Minutes of Board of Commissioners’ Business Meeting Wednesday, February 3, 2010 Page 10 of 12 Pages CONVENED AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT 17. Before the Board was Consideration of Signature of a Letter Accepting the Resignation of Doug Seator from the Sunriver Service District Budget Committee, and Thanking Him for his Service. BANEY: Move signature. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE 911 COUNTY SERVICE DISTRICT 18. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 911 County Service District in the Amount of $2,404.88. BANEY: Move approval, subject to review. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4-H COUNTY SERVICE DISTRICT 19. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District in the Amount of $36,983.99. BANEY: Move approval, subject to review. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners’ Business Meeting Wednesday, February 3, 2010 Page 11 of 12 Pages