Should Salem Bar Discrimination Based on "Housing Status"?

By Sarah Owens and Michael Livingston

Salem's Human Rights Commission thinks so, and it's ever so politely asked City Council to "Explore adoption of housing status as a protected identity within the Human Rights Chapter of the Salem Revised Code."  (SRC Chapter 97.)  Councilor Stapleton is expected to move to accept the HRC's recommendation at the first meeting of 2022.  If Council agrees, as seems likely, it would then direct staff to come back at a future date with draft code amendments.  

According to a December 8, 2021 memo (embedded below), the HRC is concerned about reports of people experiencing homelessness being subjected to violence, including being urinated on while sleeping, and excluded from public accommodations "without a behavioral reason."  The HRC wants the City to provide protections for people experiencing homelessness from acts of intimidation as defined by SRC 97.080 Intimidation (making certain acts unlawful) and a "reporting mechanism for micro-aggressions and bias incidents."  

Merriam-Webster defines micro-aggression as "comment or action that subtly and often unconsciously or unintentionally expresses a prejudiced attitude toward a member of a marginalized group (such as a racial minority)."  The acts prohibited under SRC 97.080 all have an element of intentionality (intentionally, knowingly, recklessly).  The City would have to make micro-aggressions and mere bias strict-liability offenses in order to make them unlawful, and that it will never do for reasons that should be obvious.  Providing a mechanism to report acts that are not unlawful is not only impractical, it would surely create unrealistic expectations of the City and further disappointment in its response to homelessness.  For this reason, any reporting mechanism the City stands up should be focused on allegations of unlawful conduct.      

The HRC considered that two other cities prohibit discrimination based on housing ("homeless") status.  Madison, Wisconsin, Code of Ordinances, Sec 39.03 Equal Opportunities Ordinance prohibits the denial of equal opportunity in housing, employment, public accommodations and City facilities on the basis of homelessness, defined as "the status of lacking housing (without regard to whether the individual is a member of a family)", including shelter and transitional housing residents.  Louisville, Kentucky, Metro Ordinance, Sec 92.03 Unlawful Practices in Connection With Housing, bars discriminatory housing practices on the basis of homeless status, and defines homeless as lacking "a fixed, regular, and adequate nighttime residence", including shelter and transitional housing residents.  

It may be argued that amending SRC Chapter 97 will have little, if any, practical effect on homelessness in Salem, but the same could be said for Mayor Bennett's contentious, never-implemented sit-lie ordinance (see "Sit-Lie Passes, But Will Cost"), which left many in the community feeling disgusted with the Mayor and Council's leadership.  Sit-lie was a stupid and wrong thing to do, and some act of contrition is called for.  Amending SRC Chapter 97 to include people perceived to be experiencing homelessness would be a good start.   

 

1/6/22 Update:  Councilor Stapleton's Motion

Hlessness to Remain City's #1 Priority

 By Sarah Owens and Michael Livingston

November 15, 2021 Policy Agenda Work Session

"Addressing Homelessness" will continue to be the No. 1 priority in 2022, Council agreed this week during the work session on the Council Policy Agenda.  Tension continues between the City Manager's need for City programs to be financially sustainable and the Council's need to spend free homeless $$ before spending deadlines expire.  But their wish list* is fiscally breathtaking:  continue and expand organized pallet structure and vehicle camping programs, fund sobering center operations, implement a CAHOOTS-style program and hire dedicated City staff (e.g. social workers, homeless liaison).  Briefly recapping the financial realities:  the $10.5M from 2HB 5006 (2021 Session) must be spent by July 2023. The grant agreement provides the funds shall be used for "sheltering", defined as "site acquisition, preparation, and temporary or permanent shelter purchase" or "operating costs for potential shelter sites, unsheltered site cleanup, sobering center, or crisis response."  The $8.1M set aside from the City's ARPA funds must be spent by December 2024.  Of that $8.1M, $3M was spent to purchase the navigation center, $.5M was spent to purchase the Arches Inn (the name of the 80-room Project Turnkey hotel purchased by the Mid-Willamette Valley Community Action Agency), and the remaining $4.6 is designated for "sheltering programs" such as the two on Portland Road that offer pallet structure and vehicle camping.  See the work session staff report.  

Council spent one full hour of the two set aside for the work session in a rambling exchange that revealed unfamiliarity with key terms such as "affordable housing" (generally defined as housing on which the occupant is paying no more than 30% of gross income for housing costs including utilities**) and "Housing First" (contrary to apparent belief, hoping that people will move on to permanent housing from programs that provide, say, safe vehicle camping, a mat indoors on the floor overnight, or a pallet structure does not make those programs Housing First).  In the end, councilors resolved to try and get the word out through neighborhood and other civic associations about all the City is doing to address homelessness.  They really believe if only the public knew how "tirelessly" staff was working on the problem, we would stop being so mean about it.  

The influx of money + spending deadlines have apparently infused in Council (or some of them) a belief that the City has to "do it all" -- prevent, manage and end homelessness -- by any means that might be effective.  Questions of actual effectiveness (requiring metrics) and sustainability (requiring permanent funding sources) must be put to one side, they say, begging the additional question when, then, will these questions be taken up?  Those who donated funds ($250K) to purchase 50 pallet shelters, only to find out there is no place to put them, would probably like to know.  See 11/12/21 CMU Update.   

Council will take up the Policy Agenda again in January.       

* meaning programs not firmly agreed upon, such as the navigation center and the Arches Inn.

**Affordability calculations are pegged to Area Median Income (AMI) -- the income level at which  half the families in an area are earning more and half are earning less.  A housing unit that is "affordable at 80% AMI" is affordable (meaning rent + utilities cost no more than 30% of gross income) for a household earning at least 80% of AMI.  Housing that's affordable at 80% AMI is generally considered "workforce" housing whereas housing that's affordable at 30% AMI is considered "extremely low income" housing.   See Defining Housing Affordability.)  

11/16/21 Minutes

Members: Alan Mela 

Organizations: none

City, County and State Representatives: Virginia Stapleton, Ward 1 Councilor;  David Smith, Salem Police Department 

 

Guests: Laura Russo, Emergency Services Manager, The Arches Project

The regular meeting of CANDO was called to order at 6:00 p.m., on Tuesday, November 16, 2021.  The meeting was conducted by Zoom video-conference.  The Chair and Secretary-Treasurer were present.  

The agenda and minutes of the October meeting were approved by unanimous consent.

In public comment, Alan Mela reported that his tenant Grocery Outlet on Commercial and D Streets is considering closing because of perceived deteriorating conditions in the neighborhood e.g., the fencing around the self-storage in the lower level has been repeatedly cut, at a cost of $300-400/mo.  He would like to understand what the police’s SOP is in the area, and whether attention might not be increased.  He is seeking to reassure the tenant that conditions in the area are not deteriorating and will improve.  

Councilor Stapleton, responding to Alan’s concerns, acknowledged that there is room for improvement in the area and said she thought things would be improving.  She suggested it might be helpful to connect the tenant with various named city staff who can provide specifics as to the improvements in the pipeline.  Following which, the Councilor gave a report on her and Council’s November 15 work session on the Council Policy Agenda priority area “Addressing Homelessness”, said it was necessary for the City to make efforts to 1) prevent, 2) manage (which services range from case management to trash removal) and 3) “end” homelessness and answered questions.

Laura Russo with The Arches Project (laura.russo@mwvcaa.org) gave a presentation on Salem Warming Network and answered questions.  The City’s cold weather sheltering season opened November 1 and will last until March 31, 2022.  Sites are “activated” when overnight temperatures of 32 degrees Fahrenheit or or below.  The program is funded the City of Salem ($150K) and the Oregon Housing and Community Services Department.  The shelters are low barrier and open to all regardless of disability status, household size, sobriety level, and whether they have pets.  There are currently two sites:  First Presbyterian Church at 770 Chemeketa St. NE and South Salem Friends Church at 1140 Baxter Rd. SE and will be operated by hired staff with a few volunteers.  Transportation to the sites is available between 6 and 11pm through Cherriots, and through the Arches shuttle service from 615 Commercial Street NE (6pm), Big Lots (7pm), Grace City Church (8pm).  To volunteer, visit https://arches.volunteerhub.com/.

Officer Smith (joining the meeting at 6:45) reported that police had been checking on people in the low-lying areas along the river, including Wallace Marine Park, in an effort to prevent their being stranded by rising water.  He said police have also been investigating the connection between the presence of camps and increased crime -- both serious and low level, quality of life crimes, which connection is assumed.    

There being no further business before the board, the Chair adjourned the meeting at 7:05.

 

News from the Continuum

Campsite on Marion Street, est. fall 2021

Since the last News was posted (July 2, 2021), UGM opened its new men's mission. Alexander, R.  "UGM more than doubles space to get men off Salem’s streets."  (27 July 2021, Salem Reporter.)  The City wrapped up the camping "program" in Cascades Gateway and Wallace Marine parks and set about removing trash.  Ditto the tolerance program at Market Street.  Barreda, V.  "People vacate homeless encampments on Market Street ahead of sweep."  (18 July 2021, Statesman Journal.);  Alexander, R.  "ODOT will sweep camps on Market Street, Salem Parkway starting July 19."  (12 July 2021, Salem Reporter.)  As campers dispersed, homeless services providers tried to expand outreach efforts.  Lugo, D. "As homeless camps close, advocacy groups must adjust to maintain services."  (23 August 2021, Statesman Journal.)  And Council passed Resolution 21-451, extending the state of emergency relating to unsheltered homelessness to June 28, 2022.

Last July, the City thought its new navigation center would be open by now.  Harrell, S. "Navigation center for Salem homeless could open this winter."  (16 July 2021, Salem Reporter.) (quoting Sen. Courtney -- who was instrumental in securing the necessary state funding for the navigation center -- "We [Salem representatives] have been way behind compared to some places the state. Salem has been very conservative for asking for help.”)(Emphasis added.)  In fairness, Sen. Courtney was busy raising $1-2M for the new amphitheater at Riverfront Park, and $12M to build a new YMCA, while the City did not, until fairly recently, consider homelessness within its remit beyond law enforcement and annual contribution of $400K in federal matching funds.  The City now expects the navigation center to open in the spring, though the building or some part of it is slated for use as a warming center.  See here page 72.      

Salem Housing Authority's Housing Choice Voucher wait list remains closed.  Tabrizian, A. "Salem's wait list for housing vouchers dwindles, but years-long pause on new applications still stands."  (1 November 2021, Salem Reporter).  Vehicle-camping has continued to occur at Wallace Marine, as has enforcement action.  Cascades Gateway remains closed for restoration (restrooms shelters, parking lots, trees and green spaces) and the park will probably not open until Memorial Day or possibly July 4th. Campsites such as the one on Marion Street in the photo at top are again commonplace throughout the City, as are complaints/inquiries about them.  See Barreda, V. "'I got no place to go': Remaining unhoused campers cleared from Portland Road property."  (30 September 2021, Statesman Journal.)  But, the City recently put up a "Homeless Camping Complaint" portal so complaints can be dealt with more efficiently.  The City has also resumed trash collection or "cleanups" at Marion Square Park, the Rite Aid block, and the area around Marion Parkade, and cooperated with ODOT removing trash from five locations off I-5 (Hawthorne near Hyacinth, Portland Road, Fisher Road, Ridge Drive in Keizer, Mill Creek), and 12th Street at Shelton Ditch.  State and federal homeless funds are believed to be covering some if not most of the costs of clean up.    

The City's efforts since July to expand the "Salem Safe Parking Network" (rebranded presumably to make the name match the "Salem Warming Network") to meet need have not been successful, with 130 individuals currently on the wait list.  Similarly, efforts to expand the number of managed camps into every Ward of the City are falling short (so far just the 2 in Ward 6).  (Windows on the West and Wallace Road NW could not be made to work.)  The winter shelter at 2640 Portland Road has reopened (the last season DEQ rules will permit its use for this purpose) (25 mats indoors + pallet structures + vehicle) and there is the new site that opened as planned at 3737 Portland Road (60 mats indoors + 30 pallet structures + vehicles).  The 15-hotel-rooms-for-10-weeks program is operating, and the Project Turnkey hotel program, or the Arches Inn as it is now called, is or soon will be housing wildfire victims.  

Almost all of these folks were homeless before the wildfire, living in the Canyon in cars up forest roads, tenting in someone’s back yard, squatting in abandoned homes and such.  These are generally high needs clients.  We have a very large sum from the State of Oregon (about $3.5 million) just to work with this group, but we are dealing with severe income limitations, criminal histories, substance abuse problems and some level of mental health concerns, beyond the trauma associated with the wildfire itself.  It’s going to take some time.  We’re looking at selectively opening some rooms on the second floor for homeless persons who have serious medical conditions, and have a high risk of dying during the winter season. [Report of MWVCAA Exec. Dir. Oct 2021]

Referring back to the tally publicized last June in the "City Puts 8.1 Million Toward Salem's Sheltering Crisis" announcement, here's how things have turned out as we head into winter:

City's 6/15/21 press release

In addition to what remains of the unspent $8.1M in ARPA funds and the $10.5M grant under HB 2006 for "sheltering", private funds have been raised to purchase 100 additional pallet structures, but the City has been unable to identify any suitable sites for either camps (pallet structure or vehicle) or for indoor shelter.  Gretchen Bennett remains the City's homelessness point person, and since October, residents have been able to view and sign up for her brief weekly updates here.  Her November 8 update was presented to Council as an information report, allowing councilors to ask questions and further publicize the City's homelessness management efforts.  During that portion of the November 8 meeting, Councilor Hoy signaled a willingness to modify (relax) the site requirements given to Bennett (e.g. property is not in use).  Mayor Bennett asked about "sustainability", "how long can we do this" (i.e., pay for programs that manage vs. end homelessness).  Hoy continued to defend, sans evidence, management programs as an "investment", and asserted that such programs were what "the public" wanted.  Bennett (the Mayor) said what the public wanted was for the City to "make it go away."        

November 8, 2021 City Council Meeting

Tonight is the Council's "Policy Agenda" work session.  Hoy is expected to "visualize" the homeless services continuum and Councilor Nordyke has telegraphed she will advocate for some of the $10.5M state grant to revive her zombie CAHOOTS project.  See Tabrizian, A. "County officials point to crisis response services, crisis center as city tables plans for non-police program"  (13 October 2021, Salem Reporter.)  Tabrizian, A. "Salem, United Way halt plans for mental health crisis responder program"  (23 September 2021, Salem Reporter.)  Bennett indicated at the last meeting that he feels the need to "rationalize" to the public the vast sums being spent on homeless management.  See also Mayor Bennett's June 2021 "interview" of Councilor Hoy.  See also Harrell, S. "A managed homeless camp closes at fairgrounds, but provides lessons for social service providers"  (1 April 2021, Salem Reporter.) Will "addressing homelessness through crisis response, homelessness prevention and affordable housing expansion" continue to be the City's No. 1 priority going forward?  Or should the City keep doing what it's doing and call it something else?  Tune in tonight and find out. 

10/19/21 Minutes

Members: Carol Hendrix

Organizations: City, County and State Representatives: Virginia Stapleton, Ward 1 Councilor; David Smith, Salem Police Department

Guests: Laura Russo, Emergency Services Manager, The Arches Project

The annual meeting of CANDO was called to order at 6:00 p.m., on Tuesday, October 19, 2021.  The meeting was conducted by Zoom video-conference.  The Vice-Chair and Secretary-Treasurer were present.  

The agenda and minutes of the September meeting were approved by unanimous consent.

Officer David Smith (David.Smith@cityofsalem.net) of the Salem Police Department’s Community Action Unit (fka the Downtown Enforcement Team), whose territory is citywide, but has a strong focus on downtown, spoke to Carol Hendrix’s complaint about the 700 block of Church Street, and said HOAP is actively working with SPD on the matters complained of, even to the point of refusing services where appropriate.  Officer Smith said Officer Juhauz, who had been giving the area particular attention, was out recently with an injury.

Councilor Stapleton gave a report on her and Council’s activities and answered questions.  Among other things, she mentioned the work of the draft Climate Action Plan’s subcommittee on emissions, the City tree survey, and the City’s plans for a new mural.

During public comment, Laura Russo with The Arches Project (laura.russo@mwvcaa.org) reported that the First Presbyterian will be opening as a temperature-activated cold-weather shelter this winter, and offered to answer questions.  Russo will be giving a presentation on the program at the November meeting.

After the Vice-chair opened the floor for nominations to the Board of Directors, Michael Livingston nominated current board member Neal Kern, whose term was expiring.  Kern was then re-elected to the Board by unanimous consent. The Chair then closed the Annual Meeting, called to order a meeting of the Board, and opened the floor for nominations of officers.  Livingston nominated himself as Chair. There being no further nominations, he was elected Chair.  Michael Livingston’s motions to adopt the proposed 2021-2022 annual goals, authorize the expenditure of communication funds to reimburse the City for the cost of a basic Zoom account until such time as the board determines the account is no longer required for the conduct of board business, and authorize him to apply for a SPIF grant to install a bike fix-it station in Marion Square Park, all passed unanimously.

There being no further business before the board, the Vice-Chair adjourned the meeting at 6:45.

9/21/21 Minutes

Members: Valorie Freeman 

Organizations: City, County and State Representatives: Virginia Stapleton, Ward 1 Councilor; Irma Dowd, Neighborhood Services; Officer Gill, Salem Police Department

Guests: Steve Deacon and Dana Moore with Deacon Development Group; “Skratch”

The regular meeting of CANDO was called to order at 6:00 p.m., on Tuesday, September 21, 2021.  The meeting was conducted by Zoom video-conference.  The Vice-Chair and Secretary-Treasurer were present.  

The agenda and minutes of the July meeting were approved unanimously. 

Councilor Stapleton gave a report on her and Council’s activities and answered questions.  Among other things, she reported on the work session on the draft Climate Action Plan, Grant neighborhood “intersection murals”, noise complaints (street racing), and the reopening of the regional public library following seismic renovations.

Matthew Gill (Mgill@cityofsalem.net) of the Salem Police Department’s Community Action Unit (fka the Downtown Enforcement Team) whose territory is now citywide, and answered questions which mostly had to do with members of CANDO who are experiencing homelessness.

The board heard a presentation from Steve Dean and Dan Moore on the project to develop the former Nordstrom Building into apartments.

Michael Livingston’s motion to open work sessions on CANDO’s SPIF application and upcoming 

Annual Meeting passed unanimously.  Brief work sessions followed. 

There being no further business before the board, the Vice-Chair adjourned the meeting at 7:02.

7/20/21 Minutes

 

Members: Valorie Freeman

Organizations: none

City, County and State Representatives: Virginia Stapleton, Ward 1 Councilor;

Guests: none

The regular meeting of CANDO was called to order at 6:00 p.m., on Tuesday, July 20, 2021.  The meeting was conducted by Zoom video-conference.  The Chair and Secretary-Treasurer were present.  

The agenda and minutes of the June meeting were approved unanimously.

Councilor Stapleton gave a report on her and Council’s activities and answered questions.  Among other things, she reported on the progress of the Salem Public Library’s “equity lens” development, the progress of the Our Salem Zoning Subcommittee (extended innings), and the proposed Winter/Union streets Saturday Market-related closures.

Michael Livingston reported on the progress of the Portland Loo project.  For details, see the updated blog post here.

Michael Livingston’s motions to authorize Michael Livingston to represent CANDO on the

Historic Landmark Commission’s Historic Compliance Advisory Committee and to comment on behalf of CANDO in Historic Design Review cases passed unanimously.

There being no further business before the board, the Chair adjourned the meeting at 6:41.

 

CANDO FY 2020/2021 Finance Statement

 

Note:  the total Zoom expense for the fiscal year (July thru June) was $179.88.  The balance at the end of the 2020/2021 fiscal year should be shown as $195.24.  See below.

News from the Continuum

 By Sarah Owens and Michael Livingston

1185 22d Street selected as site for low-barrier shelter/nav center

City staff surprised no one at Monday night's Council meeting by announcing that the plan to site a temporary low-barrier shelter/nav center in the old Men's Mission building at 345 Commercial Street NE (soon to be vacated) was not going to work.  Its main attraction was the fact that the City owns the building.  This means that Salem will have to wait for rehab/improvements to the permanent low-barrier shelter/nav center site on 22d Street before starting to spend the $5M operations funding that the state legislature appropriated for that purpose in April (SB 5042, signed into law on April 15, 2021).   

Jimmy Jones, executive director of the Mid-Willamette Valley Community Action Agency (whose ARCHES Project will operate the new nav center), told City Council he hoped to open the facility by winter.  Winter begins 21 December 2021, and Mr. Jones is a self-professed optimist.  The City has budgeted $3M of City ARPA funds for the purchase ($2.75M)/rehab of the 22d Street site.  But, the City has not as yet identified a funding source for the $1.5M/yr cost to operate the facility 24/7 after the state funding runs out, as shown in the Budget Committee slide, below.   

Listening to Council Monday night, you'd be forgiven for thinking that this new program was Council's long-held dream come true, but for as long as Chuck Bennett's been mayor, the top of the homeless response wish list has been a sit-lie ordinance and a sobering center, though neither is considered part of the the continuum of care for people experiencing homelessness, much less a "best practice."  There was no navigation center in the City's initial Strategic Plan (2017) -- the City adopted it only after the State identified the need and signaled in the 2020 short session that it was prepared to fund it.  See Oregon Statewide Shelter Study (Aug 2019) and "Council Sets Ambitious 2020 Policy Agenda" (14 February 2020).  No one should think for a minute that Mayor Bennett's changed his thinking as to what's "really" needed downtown.   

28 June 2021 City Council Meeting

For all the talk of the nav center being a "game changer", Council isn't on the team and has never read the rules.  They will take credit when it's due and, when setbacks occur, issue denials and point fingers.  Remember the last time Council asked Jimmy Jones for advice and assistance.  See "Council Throws ARCHES Under Bus" (14 January 2020).  Expecting the game to change in the short term is unrealistic.  The $3M operations grant from the state requires quarterly reports, but meaningful data will lag at least a year (nav center opens, say, January 1, 2022, first quarter teething problems, data by end of second quarter 2022).  Once the facility does open, there will be pressure to sidestep standard admission protocols and accept "referrals" for the convenience of sheriff and police departments -- remember Councilor Phillips comment last January -- there will be, in short, pressure to turn the nav center into an ER and sobering center substitute.  That, however, is the homeless management game.   

Speaking of games, did everyone see the City's press release claiming the City's ARPA funds spending  would add 543 shelter beds?  Here's how that figure breaks out:

Project Turkey (Hotel with 60 to 80 rooms).............................................................120 beds

Nav Ctr/Low Barrier Shelter (30-40 individuals).......................................................50 beds

$172,830 - Current Hotel Program Extension (15 rooms for 10 weeks)....................30 beds

$1,921,460 - Old Union Gospel Mission Temporary Shelter......................................70 beds

$575,000 - Portland Road Outdoor Operation (outdoors)...........................................70

$200,000 - Portland Road Indoor Operation................................................................25 mats

$540,000 - Windows to the West Outdoor Operations and Shelter  (outdoors)...........30

$1,146,000 - New Site Indoor / Outdoor Operations..................................................148 

That's right, the City assumed double-occupancy of rooms, fudged the nav center numbers, and claimed tent and vehicle camp sites as "shelter beds" in a deliberate attempt to mislead the public.  Spending details in the June 14 City Council meeting staff report.  Just whose game does Council want changed?

In addition to funding the City nav center's operations, the 2021 Session of the Oregon legislature secured for persons experiencing homelessness no-fee DMV IDs (HB 3026), 72-hour written notice of intent to clear an established camp site (HB 3124), and the right to challenge to local laws regulating sitting, lying, sleeping or keeping warm and dry outdoors on public property open to public* (HB 3115) (see  "City Opposes State Limits on Sit-Lie, Camping Bans"  (19 March 2021) and Harrell, S. "Salem area officials worry bill to decriminalize homelessness will just lead to more litigation."  (14 April 2021, Salem Reporter.)).  

The legislature also infused funds into the Yaquina Hall project (HB 5002) (see "SHA to Develop Yaquina Hall"  (23 March 2016)) (updated) and told the medical examiner to report "domicile unknown" when issuing the death certificate of homeless persons (SB 850).  See Zuhl, J. "Multnomah County tracks homeless deaths. Now, other counties might too."  (7 April 2021, StreetRoots.);  Whitworth, W.  "'All of them had a name:' No one knows for sure how many people are dying while homeless in Oregon."  (4 April 2021, Statesman Journal.)

The much-touted HB 2417 -- which a City staff report described as allowing local governments to establish "a new mobile crisis response system to meet those in mental health crisis where they are" as well as "new (or support an existing) sobering center"  -- failed to pass as originally drafted.  The original bill was gutted and stuffed with another bill intended to get OHA to study, coordinate and expand access to (in that order) statewide crisis services, including a 9-8-8 suicide prevention hotline.  See HB 3069.  Makes sense to study and coordinate first, at the state level, and avoid the creation of 36 (counties) + 1 (state) separate crisis response systems, criteria, etc., but the setback will, no doubt, disappoint the Salem Budget Committee, which, at Councilor Nordyke's urging, included a 25% match for a CAHOOTS-style mobile unit in the recommended budget for FY 2022.  HB 2417 did allocate $10M to counties for their mobile crisis response units, which in Marion and Polk include the dreaded law enforcement component.  Funding for a mobile crisis unit and sobering center was in Council's 2020 Policy Agenda.  See "Council Sets Ambitious 2020 Policy Agenda" (14 February 2020).  The mobile crisis unit made it into Council's 2021 Homeless Policy Agenda (sort of), but the sobering center -- rightly -- did not.  See "Council's 2021 Homeless Policy Agenda"  (19 January 2021).  

* The Oregonian headline writer had a different interpretation.  See Hayden, N. "Oregon will allow homeless individuals to sleep on public land in all communities." (9 June 2021, Oregonian/OregonLive.)

9/23/21 Update: Tabrizian, A. "Salem, United Way halt plans for mental health crisis responder program."  ( 23 September 2021, Salem Reporter.) Not that it would have made any difference, but Nordyke didn't even talk to the commissioners.

6/15/21 Minutes

 

Members: Barbara McReal 

Organizations: none

City, County and State Representatives: Virginia Stapleton, Ward 1 Councilor; Patricia Farrell, Natural Resource Specialist; Irma Down, Neighborhood Services Coordinator

Guests: none

The regular meeting of CANDO was called to order at 6:00 p.m., on Tuesday, June 15, 2021.  The meeting was conducted by Zoom video-conference.  The Chair and Secretary-Treasurer were present.  

The agenda and minutes of the May meeting were approved unanimously. 

Councilor Stapleton gave a report on her and Council’s activities and answered questions.  Among other things, she reported that the City is pursuing the purchase of a building in the City's southeast to be used as the navigation center, rather than downtown, and this is the preference of the homeless services providers.  [6/24/21 update: the address is 1185 22d SE.]  She also reported that the City proposes to locate a Safe Park program on the City parking lot in the 500 block of Commercial Street SE known as “Windows on the West.”  

Patricia Farrell Barnes gave a presentation and answered questions on the progress of Salem’s developing Climate Action Plan.

Michael Livingston’s motion to reelect Rebekah Engle to the board under Article V, Section 1 of the Bylaws (requiring the number of directors to be at least 6), following her resignation under Article V, Section 3 (“three consecutive unexcused absences from regular meetings, including Board and annual general membership meetings, will be construed as a resignation from the Board of Directors”), passed unanimously.

There being no further business before the board, the Chair adjourned the meeting at 6:47.

 

City Begins the End of Park Camping

 By Sarah Owens and Michael Livingston

 

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Just a little over a year since Councilor Nordyke first praised City Council and staff for "helping move the needle on a crisis that has been decades in the making" by opening Cascades-Gateway and Wallace Marine Parks to overnight camping (See "COVID-19 Returns Campers to City Parks."), the Salem City Council agreed conditions in the parks had, sadly, become "unsanitary and a potentially a threat to public health and safety" and camping should, once again, be banned.  See "Has Council "moved the needle" on Homelessness?" (2 May 2020); "Council & Park Camping Tensions" (28 October 2020;  City to Extend Park Camping to June 2021"  (4 December 2020); "Park Camping to Continue for Now" (7 Jan 2021).   It seems that the growing chorus of senior outrage under the baton of Paradise Island Park owner and SEMCA Chair, Cory Poole was no match for Salem's so-called homeless advocates.  Cf. Hayden, N. "Where else would they go? Portland standoff with homeless campers at Laurelhurst Park dramatizes personal and political costs of inaction." (16 May 2021, Oregonian/OregonLive.) (Portland) and Caps, Kristin, "The High Cost of Clearing Tent Cities."  (12 April 2021, Bloomberg City Lab.) (Chicago, Houston, San Jose, and Tacoma).   

 

Thus it was that Monday night that Council passed Resolution 2021-21, extending the C19 emergency through 13 December 2021, but not extending the suspension of the parks camping ban (i.e. making camping in the parks illegal after 31 May 2021).  Any misgivings about the fact that, a year on, the City is no more able to accommodate (commit, house, shelter, jail) the campers than it was before, were effectively quelled by a paragraph added to the Resolution after the Council's May 17 work session, stating, "It is the policy of the City Council that camping be concluded in a legal and humane manner as soon as practical", and Councilor Hoy's insistence that the move was needed to hold Council "accountable" (the way slumlords tear down slums, one supposes).  The unanswered question on everyone's mind, however, was what will enforcement (or, if you prefer, the "rolling back" of what some called a sanctioned camping "program") look like.  See Whitworth, W.  "Homeless park camping ends June 1, but Salem officials say enforcement will be gradual."  (25 May 2021, Statesman Journal.);  Harrell, S. "Managed camps and new shelter options could be coming online soon as parks camping ends."  (25 May  2021, Salem Reporter.) ("could" here being entirely speculative).  No one, including the City, really knows (though it will be "section-by-section").   

 

What is the message here?

The staff report explains (rather, acknowledges, at long last) the legal strictures that prevent the City from immediately sweeping the camps the way it used to (see, supra, before...after).  In all probability, the promised "gradual" process will never be completed.  Just reducing the number of campers will take "an extended period", meaning several months but "not years", according to remarks made by Gretchen Bennett during Monday's meeting. 

 

During "debate", Councilor Phillips rightly pointed out that last year's decision to allow camping in the parks fulfilled its stated purpose, which was to prevent as far as possible the spread of C19 within the street homeless population.  He believes the decision probably did save lives (he is, remember, a doctor).  It also put increased pressure on the City Manager's Office, specifically Gretchen Bennett, the City's Human Rights and Relations/Federal Compliance Manager (Senior Policy Analyst), who was assigned the task of fielding complaints about the City's response to homelessness and liaising with the City's homeless service providers, amateur and professional, to coordinate mundane but critical government services such as garbage disposal, a role that previously tended to fall de facto to Urban Development Director, Kristen Retherford.  2020 was thus the year that saw City Manager Steve Powers begin publicly reporting to Council in granular detail how the City and "partners" were managing the hoards living in the parks, in the streets and under bridges.  From his May 7 report:

 

While not City property, we have been directly involved or have helped coordinate services at the Market St./I-5 encampment. Every Wednesday, outreach teams visit the Market Street underpass and along I-5. This includes, ARCHES, Northwest Human Services (HOAP -medical outreach, as well as HOST Youth and Family outreach), Easter Seals (to locate and help house veterans), HIV Alliance - Needle Exchange, and Salem Housing Authority.  Arches has completed around 20-30 housing assessments with those staying there. Salem Housing outreach checks to see who has had a housing assessment and helps them with any next steps, or to check where they are at on the wait list. A couple people in this area have been referred to the HRAP program, and Salem Housing is working on getting them enrolled. Easter Seals has connected with about two or three people and offered services/housing through their programs. ARCHES has also placed five to ten people from this area into the hotel program due to them being medically fragile/vulnerable. HOAP's team provides medical case management as well as wound care. They can transport to the hospital, as well as to HOAP to receive COVID vaccinations. Volunteers have been helping transport to the Arches mobile shower truck.  The garbage is picked up by ODOT every other week; volunteer teams collaborate with people who are camping there to get the garbage collected and into trash bags. The City has provided trash bags and gloves on two occasions to nonprofits involved in this effort. Gretchen Bennett and Ryan Zink have just recently negotiated a great deal with Covanta Marion.  Garbage collected at unsheltered encampments can be delivered by approved haulers to Covanta at no charge. Rite-Aid, outreach organizations, and the City worked together on a concentrated deep cleaning of the sidewalks surrounding Rite Aid.  The same humane, coordinated approach will be taken for the sidewalks along the Marion Parkade. 

Given the inevitability that the numbers in the parks would swell, the parks would flood, conditions would grow increasingly miserable, many would be unable to conform, some would prey on the vulnerable, and the neighbors would complain loudly and bitterly that "nothing" was being done, it was perhaps inevitable that the City would begin referring fraudulently to homeless camping as "sheltering."  "After the sheltering ends in the two parks, damaged facilities will be repaired." "Staff are aware of the growing number of persons sheltering on sidewalks and at the parking garages, also referred to as "sheltering hot spots."  The reality was just too, je ne sais quoi, depressing.  

The City estimates its decision to end parks camping, if fully implemented, would displace ~500.  If ODOT were to resumes camp "cleanups" en masse, as many as 400 would be displaced (but of course  ODOT cleanups never happen all at once).  The Church at the Park's Safe Park vehicle camps and the temporary pallet shelter/vehicle camp on Portland Road appear to be full up.  See Whitworth, W.  "A new homeless shelter is opening in north Salem. How it plans to address neighbor concerns."  (2 April 2021, Statesman Journal.)  Council seems ready to approve Church at the Park's proposal for 3, temporary, 20-tent managed camps, and a temporary 40-bed low-barrier shelter somewhere in the vicinity of downtown.  Not nearly enough, obviously, but for some strange reason, Council's so-called progressives appeared Monday night to feel as though much had been accomplished (perhaps they were still feeling the glow from Janet Carlson's May 17 presentation on the achievements of the Mid-Willamette Valley Homeless Alliance).  With all the state and federal funds now at the City's disposal, money appears to be no object, everything's either a "best practice" or "innovative", so why not try everything, at least until the money runs out.  If there's a strategy here, it's to be seen providing minimal supports while hoping (praying?) affordable housing booms.  

Hope, as we know, is not a plan.  So, let's be clear and state what should be obvious.  Salem needs to focus on reducing the number of  chronically homeless persons who are living in its streets, parks and under bridges.  These are the individuals that everyone in Salem (really, anywhere) had in mind when they said (for last 5 years running) that homelessness was their No. 1 concern.  Doing that would mean prioritizing placing 579 persons with at least one disability, according to the City's numbers in permanent supportive housing.  Not in a pallet shelter or a tent or a vehicle camp or even a hotel, but in P-S-H.  That will require more support for HRAP (which accepts only the "more" vulnerable, not the "most" vulnerable because of inadequate staffing and facilities) and the development of more PSH than is currently in the pipeline (Sequoia Crossings* will not be nearly enough).  A sobering station and another mobile crisis response unit (both state ARPA candidates) will do nothing repeat nothing to house Salem's chronically homeless.  Nor will managed camps or the MWV Homeless Alliance.  Yet these, sadly, are the shiny objects that compel Council's full if uncritical attention.  If some enjoy what Councilor Nordyke and Salem Reporter refer to as  "overwhelming support", it is because people have been misled about what such programs can, and cannot, do.  City staff want to take a more strategic approach;  Council should be supporting that effort, not pulling in the opposite direction just so they can be seen to be "doing something."  (Yes, it's obvious.)

*Oregon's Housing Stability Council is expected to approve awards Friday 6/10/21

 

In other news, Salem finally made the "severely rent burdened" grade for 2020, finally creeping past the 25% threshold to 25.3% (a city was severely rent burdened when >25% of residents spent >50% of income on rent). Corvallis was 36.9% (Oregon's highest).  Keizer was 24.2%.

 

6/3/21 Update:  Gretchen Bennett on evicting campers:  “We strive to see what the alternative shelter locations and safe park (for vehicle) locations there are.”  Harrell, S. "'Having to be moved like cattle is ridiculous.' Hundreds ponder what’s next as city-sanctioned homeless camping is expected to end"  (2 June 2021, Salem Reporter.) 

 

6/11/21 Update: "Salem Police Department officers and parks crews were focusing this week on moving people from the Cascades Gateway Park area east of Mill Creek and the Beaver Grove Shelter picnic area" (improved areas supposed to be off limits for camping).  Lugo, W and Whitworth, W.  "Salem crews begin removing homeless from Wallace Marine and Cascades Gateway parks."  (11 June 2021, Statesman Journal.)  "Before the clearing began, police counted 211 tents at Wallace Marine Park and 171 tents at Cascades Gateway Park." 

5/18/21 Minutes

 Members: Valorie Freeman

Organizations: Marion Barnes, Western Oregon University

City, County and State Representatives: Virginia Stapleton, Ward 1 Councilor

Guests: none

The regular meeting of CANDO was called to order at 6:00 p.m., on Tuesday, May 18, 2021.  The meeting was conducted by Zoom video-conference.  The Chair and Secretary-Treasurer were present.  

The agenda and minutes of the April meeting were approved unanimously. 

Councilor Stapleton gave a report on her and Council’s activities and answered questions.  

Marion Barnes gave a presentation and answered questions about WOU’s new facility at 525 Trade Street.

Michael Livingston’s motion to spend $500 of communications funds to renew CANDO’s sponsorship of Mid Valley Resources at the silver level passed unanimously.      

 

There being no further business before the board, the Chair adjourned the meeting at 6:45 p.m.

 

MWVCAA's C19/Cold Weather Shelter 2020-2021

 By Sarah Owens and Michael Livingston

As happened last season, an October cold snap accelerated the cold-weather sheltering effort in Salem, only this year, those efforts were complicated by a surging pandemic that limited congregate shelter capacity (e.g., UGM Men's Mission's winter capacity was reduced to from 198 to 125).  See Harrell, S. "As warming season approaches, agencies compensate for lost shelter space with new sites."  (26 October 2020, Salem Reporter.) 

The cold spell lasted only two days (Saturday October 25 and Sunday the 26th), during which Salem First Presbyterian Church's overnight shelter had a limited capacity of 30 (down from 93).  The ARCHES Project day shelter was open the coldest day, Sunday, during the day.  Otherwise, people did the best they could, both where the City allowed camping -- Wallace Marine and Cascades Gateway parks and several vehicle camps -- and where it did not (e.g., along Market Street at 1-5), because the new sites were not open.  See Woodworth, W.  "Salem considers more options for 1,500 homeless as winter looms, COVID cases spike."  (31 October 2020, Statesman Journal.)  The mercury dropped again November 8, and the City's only open warming center, First Presbyterian, was at capacity.

2640 PDX Rd NE (l) and 1787 State Street (r)

As we all know, the presence of C19 changed how we did everything, and crushed delicate plans.  The City and the Mid-Willamette Valley Community Action Agency (MWVCAA) sponsored two duration shelters at new locations.  "Duration" means, once opened, the shelter opens nightly, regardless of temperature.  Because of C19, providers planned to use what they called a cohort model for the duration shelters, whereby select individuals would enroll and shelter together for at least 30 days vs. different guest every night (fewer people swapping air).  Initially, the idea was to enroll those assessed to be highly vulnerable if left outside and needing supports through MWVCAA's Coordinated Entry program. 

One of the duration shelters was on State Street (25 places, opened November 22) and one was on Portland Road (25 places, opened ~December 1) (see "MWVCAA's Cold Weather Shelter 2020-2021").  On November 5, the City held a fairly well-attended information/Q&A session to discuss the opening of the Portland Road program, and offer advance reassurance to NIMBYs that the program would not last more than 18 months. 

2640 Portland Road NE Shelter Community Meeting 11/5/20

Also on December 1 -- because the mercury was dropping below 33 for several days -- MWVCAA began offering a limited number of hotel rooms on a first-come, first serve basis, to those without other shelter options such as Safe Sleep United and Union Gospel Mission.  The hotel program was needed because Salem, and indeed the country, was seeing a new surge in C19 cases, making the volunteer-dependent, temp-activated shelter program impracticable.   

“COVID-19 is spreading faster in all parts of Oregon. It took six months before 25,000 Oregonians became sick with COVID-19 and two months more until we reached 50,000 total COVID-19 infections in Oregon. Most recently, it took three weeks to go from 50,000 cases to 75,000, and this weekend we crossed 900 total deaths,” said OHA Director Patrick Allen on November 30. 

Due in part to the hotel program, the State Street location, called "Shelter on State" or SOS, operated by Church at the Park, was initially under-subscribed.  A decision was made to revert to first-come-first served, despite the C19 risk, and participation increased.  Partly as a result of the SOS experience, the plan for the Portland Road location was changed from a pre-selected cohort plan, to a first-come-first-enrolled plan, effective December 22.

Mid-December, winter flooding began out at Cascades Gateway Park (see Harrell, S. "Homeless campers flooded out of Cascades Gateway after heavy rain."  (21 December 2020, Salem Reporter.);  Urness, Z.  "'People are suffering:' Floodwaters inundate homeless camp of 300 at Cascades Gateway Park."  (21 December 2020, Statesman Journal.);  Barreda, V.  "Crews pick up debris, help replace belongings for campers flooded out of Cascades Gateway Park."  (23 December 2020, Statesman Journal.)) and violent (but ineffectual) protests broke out in the Capitol during a one-day emergency legislative session.  About 100 of the most vulnerable were offered hotel accommodations through February 10, according to news reports, which quoted MWVCAA Director Jimmy Jones as saying "Every single year the water comes up in these locations ... Cascades flooded out last year, the only real difference is that density issue, we had a much larger number affected this time around."  

Following the flooding, the number of camps around the City continued to grow, as did the number of C19 cases and related deaths.  New groups organized to provide meals and pick up trash on Market Street at I-5.  Woodworth, W.  "'Nobody was doing anything for them': Salem volunteers help homeless encampment under I-5"  (12 February 2021, Statesman Journal.)

On February 1, Church at the Park opened a ten-week, 24-hour duration indoor camping program at the Fairgrounds Pavilion.  (50 tents/100 person capacity) on a budget of $602K, paid for with $250K from MWVCAA's share of "Out of the Cold" state program funds and $352K from the City of Salem.  See Harrell, S. "Salem fairgrounds welcomes unsheltered to temporary campground."  (1 February 2021, Salem Reporter.)  Whitworth, W.  "100-space homeless shelter opens at Oregon State Fairgrounds."  (1 February 2021, Statesman Journal.)  Another "Safe Park" vehicle campsite was set up in the parking lot.

Within 24 hours, the Pavilion program was full.  Whitworth, W.  "100-space homeless shelter opened Monday at Oregon State Fairgrounds fills up in 24 hours."  (5 February 2021, Statesman Journal.)  A good thing, because Mayor Bennett was ready (or at least wanting) to force people into the shelters, according to what he told the City's Legislative Committee in March.  Had the Pavilion not filled up, "We could have demanded they [sidewalk campers] move.  I think we would have had a whole bunch of people say, 'Nah, we're going to go over here and live.'  The question is, do we have any coercive power..."  "House Bill Kills Mayor's Sit-Lie Buzz" (4 March 2021). 

On February 2, the City Manager gave City Council this update.

 

On February 9, the City Manager reported:

The Oregon State Fairgrounds Pavilion shelter and Safe Park [Network (vehicle camping)] are at capacity.  The Safe Park site [at the fairgrounds] has a waiting list. Persons sheltering at the fairgrounds are a mix of families and individuals, including relocations from Cascades Gateway, Wallace Marine, I-5/Market Street, and throughout the area. The City and Salem Housing Authority work with non-profit organizations through a coordinated intake process so there is a best fit for a person or family in need and available shelter. Hotel rooms are also a part of the sheltering system this winter. The City leveraged federal and state funding to expand use this year of hotel rooms. Our most vulnerable in Salem, including families, people who have chronic health conditions, and people age 65 and older, are in priority order for hotel rooms.

Church at the Park hired about 60 workers to run its programs, about half of whom were themselves homeless.  Some volunteer workers expressed grave doubts about the quality of the Church's hiring decisions, even though workers had to pass background check and receive random drug tests "about quarterly."  On February 22, one of the Church's shuttle drivers swerved off the road and onto the sidewalk and reportedly struck Salem lawyer David Runner, who suffered a head injury.  Harrell, S.  "Shuttle driver for Church at the Park charged with drug possession following off-duty crash." (3 March 2021, Salem Reporter.)  Luckily, she was off-duty at the time.  

 

The Portland Road, SOS and Pavilion programs closed down at the end of March.  Church at the Park gave Pavillion residents an eviction notice, below, copy to City Council.  Ten days beforehand, the City put out a news release stating that the City was still looking for "additional homeless shelter sites" and in the interim, "continues to develop other concepts and innovative solutions" with a link to its strategic plan.  As for its plan to address homelessness, see "Council Adopts 2021 Homeless Action Plan"  (10 March 2021). 

 

On 23 March 2021, the City agreed to allow Church at the Park to use the Portland Road site for 24 hr vehicle and pallet structure camping through the end of October by enactment of Resolution 2021-11, which amended Resolution 2020-49 which had declared a state of emergency relating to unsheltered persons through 26 October 2021. See "News from the Continuum" (24 March 2021).  The site re-opened under this new authorization on April 19, 2021.

Jimmy Jones summed up the season for the MWVCAA board this way.  

The winter sheltering season is complete, though the motel program will continue until mid-June.  I cannot tell you how grateful we have been to have these extra resources.  Many of the folks we’ve sheltered have grave health conditions and some of them would not have made it through the winter without this work. At day’s end, in the middle of a pandemic, we managed to provide more bed nights than at any time in our history (currently at 11,054).  Our goal for this winter, after last winter, was a bed count of 10,000 for the winter of 2020-2021.  I never thought we would get there, given the space limitations from COVID. But the motel program saved us.