*Public comment will be received for each item as it is discussed.

WEDNESDAY, DECEMBER 12, 2018
4:00 p.m.
 
-Presentation from Douglas County Fire Chief Association honoring Craig Weinaug (Lyle Bowlin)

CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;

REGULAR AGENDA
(2) Consider accessing Cooperative Agreement Contract for new furniture in Register of Deeds  (Kay Pesnell)

(3) Consider approval pf January 1, 2019 increase to Motor Vehicle Registration Satellite Office Fees from $2 to $5 per vehicle (Paula Gilchrist)

(4) Presentation on jail needs (Sarah Plinsky/Gary Bunting) – Presentation only. No action.

 (5)  Consider approval of Accounts Payable (if necessary)  

(6) Appointments:  
 -Board of Zoning Appeals (1) position open 10/17
 -Building Code of Appeals Board (2) positions open12/16
 -Community Corrections Advisory Board (1) position open 08/31/18 (educator)
 -Criminal Justice Coordinating Council (2) positions
 -Fire District No. 2 (2) positions 
 -JAAA Advisory Council (2) position
 -JAAA Board of Directors (1) position 
 -Joint Economic Development Council (2) positions
 -Lawrence-Douglas County Advocacy Council on Aging (2) open positions
 -MPO Bicycle Advisory Committee (1) position
 -Mental Health Board (1) position open 04/18
 -Property Crimes Compensation Board (1) position
-Senior Resource Center (1) position open 12/31/18 

(7) General Public Comment

(8) Commissioner and/or Administrator Miscellaneous

RECESS

RECONVENE
6:00 P.M.

(9) Consider approval of Amended 2018 Budget and Public Hearing (Cammy Owens)

(10) Adjourn

December 12, 2018

Thellman called the regular meeting to order at 4:00 p.m. on Wednesday, December 12, 2018 with all Commissioners present.

Lyle Bowlin, Douglas County Fire Chiefs Association, honored Craig Weinaug for his 26 years of service to Douglas County and his work with the fire districts.

CONSENT AGENDA 12-12-18
Thellman moved approval of the following Consent Agenda:
►  Commission Order Nos. 18-058 and 18-059 (on file in the office the County Clerk);

Motion was seconded by Derusseau and carried 3-0.
 
REGISTERED OF DEEDS 12-12-18
The Board opened discussion on an item to consider accessing a Cooperative Contract for new furniture in the Register of Deeds office.

Thellman moved to authorize staff to access the US Communities contract with Spaces Inc. for new furniture for the Register of Deeds Office at a cost not to exceed $56,689.29. Motion was seconded by Derusseau and carried 3-0.

TREASURER 12-12-18
Paul Gilchrist, County Treasurer, asked the County Commission to consider a motor vehicle satellite fee increase.

Gilchrist requested a fee increase from $2 to $5 per vehicle at the three satellite location in an effort to increase County revenues which offset Motor Vehicle Office operation expenses that require General Fund support. This increase would yield approximately $110,000 annually to the special revenue fund. Transactions processed at the Courthouse or via mail are not subject to the fee and paperwork can be dropped off at a satellite office and processed the next day for free.

The County Treasurer’s statewide association is pursuing legislation to revamp the fee structure to allow local operations more revenue with minimal impact on the taxpayers. However, the timeline is yet to be determined. 

Thellman opened the item for public comment. No comment was received.

Thellman moved to approve beginning January 1, 2019 an increase to the Motor Registration Satellite Office fees from $2 to $5 per vehicle effective January 1, 2019. Motion was seconded by Gaughan and carried 3-0.

JAIL NEEDS 12-12-18
Gary Bunting, Undersheriff, and Sarah Plinsky, Assistant County Administrator, conducted a presentation to the Board on jail needs.

Plinsky stated the information today is for a presentation and discussion only. This is a continued conversation about the needs of the jail and to discuss solutions and provide an opportunity for the Board to ask questions.     
 
Information presented included:
• Currently the County farms out an average of 50-80 inmates daily; the recent count of inmates housed in the Douglas County jail is 200 with   functional inmate capacity is 167; because other counties are at full capacity and not willing to take some of our inmates, Douglas County is forced to house inmates in programs rooms taking up value space for programs to occur. This forces us to house inmates in improper classifications, at one point filling up medium security space with maximum security inmates.
• The medical unit is full. Some inmates with medical issues are having to be housed in booking or other housing units. 
• The Douglas County jail is a direct supervision facility. The housing units are around the perimeter for supervision. It’s the safest way to house inmates. Our current housing are 28 bed units; 56 persons in male medium housing and 46 in male minimum/work release units. The current medical unit houses 4 people.

There were two proposals shown for expansion: 1) South Tower Addition; and 2) Stepdown Housing
• The South Tower Addition can accommodate four housing units on two floors totaling 50,195 gross square feet (GSF); The May proposal was 93,000 square feet. East housing unit can hold 28 inmates each. Three Housing units = 84 inmates. The fourth space in the tower can be used for housing or for a medical unit. The South Tower Addition can be constructed with minimal disruption to the existing structure.
• The Re-entry Housing Unit is Stepdown Housing, 9,345 GSF. The location on the site allow for separate entry of inmates. It can be constructed in a more cost efficient manner. In addition to the space for 28 male and 14 female inmates, additional space is added for re-entry and programs staff and separate courtyards for inmates participating in these programs and living in this step down housing unit. 
• Staff proposed the South Tower Addition and the additional Medical Unit meets the immediate needs of the jail and is a safe classification. The Re-entry Stepdown Housing would restore re-entry and program space. It is critical to bring our inmates back and administer re-entry programs. A sustainable solution would be to construct an addition as opposed to continued farming out or leased structures. This would be a proper environment for inmates to transition back into the community. The goal is to add work release as a reentry program.

Discussion included proper classification being important as to not introduce someone into general population and without knowing how they will behave or not knowing their criminal history. It would be unsafe.

The South Tower Addition may have to house a variety of inmates from week to week but it would allow for the opening of the male minimum unit to provide additional housing for women. It will not accomplish everything we need with the three housing units. It would address the medical unit needs.

This proposal loses the improved sally port; new booking area and classification unit for male and female; special management unit; extra space for the next 20 years; any secured green space; and no dedicated training space.

This expansion would allow us bring our farmed-out inmates back to Douglas County; have women better classified; get program rooms back; address safety issues and allow inmates more time out of their cells.

For clarification on functional capacity, it was determined we have to put in a lot more space to make the units consistently safe. 

Patrick Kelly, incoming County Commissioners, said he will want more information on how the minimum, medium and maximum security population fluctuate so he can understand the space needs now and projections for future needs.

Thellman asked for an update on the success of our alternatives to incarceration programs and how many people are they programs keep out of jail. Bunting provided the following response:
• Pretrial release: every person that comes in evaluated and assigned (screened to estimate livelihood to return to court). Determined supervision: Maintained around 100 inmates on this program.
• House arrest program:  Program was created by BOCC. People serve sentence at home. County fully funds ankle monitors. It’s more cost effective to monitor than incarcerate: average 30 at a time.
• AID program (Assess, Identify and Divert) screens for mental illness: This program transitions people into services. Has helped hundreds of inmates.
• Mental Health Court: assigned to court of nature so judge can closely monitor: average 20 people on program at a time.
• 150 people out of jail that didn’t have to post bond living safely in the community.

It was the consensus that the Board would like clarification and cost estimates on 1) the 4 unit option; 2) the 3 unit option plus medical unit; 3) a separate cost estimate for Stepdown Reentry; and 4) more information on what the new medical unit would look like and options for current medical unit. Staff will return with more information in January.

Thellman opened the item for public comment. She also stated the Board will accept comment on this item at the 6:00 p.m. meeting to ensure everyone has an opportunity to speak.

Patrick Wilbur, Sunset Alliance, stated that the public favors mental health, not jail expansion. He suggested using portable cells and mental health services.

Julie Wagner, 1706 W 24th, agreed with Patrick Wilbur. She would like a chance to vote on any jail expansion. She feels we should utilize mental health programs first. 

Lauren Myers, 1406 Tennessee, said people are trapped in the jail cycle. He is opposed to jailing people for minor fractions and feels he has already voted out a jail expansion.

Aaron Hameld, 1406 Tennessee, feels the County should release nonviolent offenders. We should get property public defenders in office. He feels the public does not want a jail expansion.

Jameelah Jones, no address, said in Washington DC, black women were denied their right to vote in the recent election or their vote doesn’t count. She doesn’t want to see that happen Douglas County. She said the community rejected the proposition in May and maybe it not that the jail is too small, but the incarceration rate is too big.

Angela Reed, 800 New York, said she heard Douglas County wants to use compassion for those incarcerated. She said the Commission should hear what the inmates have to say. Also the process of classifying inmates is dehumanizing.

Catherine Austin, 2411 Louisiana, stated imprisoning people comes down to effecting everyone, those most marginalized and most vulnerable. Don’t understand why we are talking about expansion. Inmates should be included in the conversations.

AD Boyton, no address, said these conversations dehumanize inmates by saying they are being farmed out. He feels the brick and mortar expansion has already been laid out.

Christina Gentry, 704 Chouteau Ct, said she appreciates the emotion of the audience but it doesn’t always carry forth in making changes. She feels the Motor Vehicle Satellite Fee increase from $2 to $5, passed by the County Commission earlier in the meeting, affects people’s ability to keep their cars legal and in essence increases incarceration rates.

Howard Callahan, no address, stated he has had an arrest experience because of driving without a license and insurance. He was able to work with the court to stay out of jail. He attributes his success with the court system as having white privilege.

Jonah Carabajal, 2001 W 6th Street, said the public voted the jail expansion down in the spring though she said she understands she was voting for a funding mechanism. She said why have a vote if the County plans on expanding the jail whether the public wants it or not.

Megan Williams, no address, said she voted “no” for the jail in April. She feels mental health was being held hostage by having both items on the ballot. She said the public does not want a bigger jail.

Harrison Baker, no address, asked why there are so many people in jail. He said the community doesn’t have that high of crime rate so why are we arresting so many people? He asked if our programs are being funded appropriately or incarcerating people to make money at the jail.

Owen McDonald, no address, asked if it’s fair for the County Commissioners to take a break during the meeting while people are sitting in jail. He said it is arrogant not to listen to the people’s vote.

Miguel Roel, no address, stated it is not sustainable to farm out inmates and there is no sustainable way to lock people up. Jailing people is not humane and not a solution to our social problems. We should be talking more about poverty.

At 5:59 p.m. Thellman announced the Board will take a break until 6:05 p.m. and will at that complete the items scheduled for 6:00 p.m. and then will return to open public comment on jail expansion.

At 6:07 p.m., the Board returned to regular session.

ACCOUNTS PAYABLE 12-12-18
Thellman moved to accounts payable in the amount of $282,309.79 to be paid on 12/13/18. Motion was seconded by Derusseau and carried 3-0.

2018 BUDGET 12-12-18
Thellman moved to open a public hearing to accept public comment on the approval of an amended 2018 Budget. Motion was seconded by Derusseau and carried 3-0.

Meredith Moore, 532 Walnut Drive, asked staff to address why in the proposed amendments on page 8 of the amended budget, there was no budgeted amount for Justice Services and Criminal Justice item.

Sarah Plinsky, Assistant Count Administrator, explained that what Moore is looking at is an amendment to the budget, not the current budget. There have been no changes to the criminal justice/youth services budget. The entire budget can be viewed on Douglas County’s website.

There was no further public comment. Thellman moved to close the public hearing. Motion was seconded by Gaughan and carried 3-0.

Gaughan moved to approve the amended 2018 Budget. Motion was seconded by Derusseau and carried 3-0.

JAIL NEEDS CONTINUED PUBLIC COMMENT 12-12-18
Melinda Henderson, no address, made comments regarding the Legislative Priority Statement addressed on the December 5, 2018 agenda. Henderson stated she got the City of Lawrence to agree to ask the legislature to “please” consider reducing the portion of the State sales tax on food and grocery. She said Governor Kelly is amenable to having this conversation. She asked the Board of County Commissioners to support this request. It would not affect the sales tax accrued by the City or County.

Craig Weinaug, Count Administrator, confirmed a reduction in state sales tax on food and grocery would not have a negative impact on the County budget.

Marylin Hinojosa, no address, stated she feels the voters voted “no” for jail expansion and the public will not pay for one. Instead, we should put time and effort into regulating who goes to jail.

Jackie Monroe, no address, said it is not right for people who pay property tax to not have a voice in the jail expansion. She said she doesn’t understand why Douglas County has an increasing jail population.

Pantaleon Florez, no address, said we should be focusing on keeping people in society rather than locking them up. He feels crimes largest correlation is poverty. We need to look at basic needs. He said the County shouldn’t profit off of people being incarcerated. 

Katie Hobson, Justice Matters, said it is insulting for Douglas County to seek out expanding the jail when the public voted no for expansion. She said we are putting people in jail without knowing why and she doesn’t understand the need for expansion. 

Barbara Palmer, Justice Matters, said Justice Matters has made a major attempt to move into a positive relationship with those who still feel the jail is the most important thing we have to deal with. We have no fault to find with the law enforcement in the community. We want to find the real causes and the solutions are not being understood. She feels if an officer is well trained they don’t have to arrest people. People can go to a program instead.

Jill Allen, no address, stated the original question on ballot had a mental portion and jail portion. He said the County got the message that the public wanted that items separated but the jail proceeded to happen. He feels there is evidence that mental health should be the first attempt to decrease incarceration rates but does agree with comments that incarceration rates are going up and we should study that.

Jerry Hensler, no address, feels expanding the jail is a permanent investment in incarceration in our community even if we achieve Kansas justice reform; and he feels police racism is driving incarceration rates in Douglas County. The people told the Commission “no” to the jail May including the funding.

Muriel Kelly, no address, said putting people in jail is the same as ignoring the problem. It’s like locking them in a closet and forgetting them. The County should put their pride and money aside so they are able to hear what the people are saying.

Melinda Henderson said her perspective is different from the 23 previous speakers. She already spoke earlier about reducing sales tax on the state levy. That is one thing the City/County can do to address poverty. She also said not many people are aware of what the County is asking for. She has heard many misperceptions tonight. People think you don’t hear them, but they haven’t heard the county and what they have put into place and the positive steps that have been taken and that you do care about the inmates. The Commission is trying to make the jail a more humane and safer place. Henderson said she also heard the vote in May was a vote against the jail. There was never a vote to yes or no expand the jail. Also, everyone needs to be aware of the legislative statement, especially prison sentencing laws and those related to community corrections, and fiscal support of district court. These things cannot be done at the County level.

Tyler Novaria, no address, asked that any decision made to put people in jail be done after doing quantitative research and she hopes decisions are being made thoughtfully. She feels it doesn’t do much good to put people in jail. 

Howard Callihera, no address, feels the reason people are coming and going from jail is due to mental health issues. The coordination between the mental health agencies and enforcement with the court process initially does not address the needs that these people have.

Thellman moved to close public comment.

No action was taken. 

Thellman moved to adjourn the meeting. Motion was seconded by Gaughan and carried 3-0.

 
____________________________  ____________________________
 Nancy Thellman, Chair                     Michelle Derusseau, Vice-Chair
 
ATTEST:
 ___________________________  _____________________________  
Jamie Shew, County Clerk                 Mike Gaughan, Member