Lessons and solutions regarding homelessness Public Comment from Bill MoseleyAimee Brunckhorst
From: Bill Moseley <moseley@glsolutions.com>
Sent: Tuesday, January 24, 2023 3:19 PM
To: Kalispell Meetings Public Comment
Cc: Lorraine Clarno
Subject: EXTERNAL Lessons and solutions regarding homelessness
Attachments: Ordinances to mitigate homelessness issues.pdf
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content is safe.]
For those of you whom I've not met, I am the CEO of GL Solutions, a software company located on west Idaho in the
National Flood building. In 2019, GL Solutions began our search for a new home after growing to about 50 employees in
Bend, OR. MWED, the city, county, FVCC, and state governments along with a host of local businesses all gave GL
Solutions a warm invitation to the Flathead Valley. Since that time, we've hired and trained about 50 local residents in
software related fields - a win for us all.
I moved to Bend and started my business in 1999. 1 served on the city council and numerous other city and economic
development groups. I witnessed Bend's growth from 32,000 to 105,000 residents. Bend might offer insights into some
of the growth challenges Kalispell now confronts.
Overall, Bend's efforts failed to preserve the city we loved. Among the failures, downtown safety and homeless
problems were exacerbated by city policies and actions. I strongly encourage you to take another path. You don't have
to learn the hard way — you can learn from growing communities like Bend on what works, and what doesn't.
Bend tried two paths to public safety and homelessness. The first I would characterize as "tough love", which did
work. Solutions in this model:
• Civil exclusion zones (see attached ordinance)
• Clearing sidewalk right of ways and egress (see attached ordinance)
• Downtown police substation
• Downtown video cameras
• Frequent police foot patrols in affected areas
• Private security to monitor and actively report on trouble spots
• Signs discouraging giving to panhandlers, and a local business initiative to collect donations instead for needed
services
• Strong encouragement and support for an assertive response from the city council to the police department
The tough -love approach created a safer environment for families, visitors, businesses and employees. Yes, the
homeless initially moved from one place to another. We kept enforcing the law from one place to another. Eventually,
many of the most problematic people in the homeless population understood that Bend was not a great place to be
homeless. They moved on.
Did tough love solve homelessness? Absolutely not. Homelessness is a complex social issue with few quick
solutions. My conclusion as a city councilor was that our residents and businesses could not wait for the end of poverty,
mental illness and addiction. Residents needed and deserved safe places to shop and work right now. Allowing the
problem to grow under the guise of compassion was a loss for everyone. My job as an elected official was to find the
best outcomes for our community among the imperfect solutions.
Bend later tried a second compassionate, housing -first strategy. We managed homeless camps, tents cities, city owned
shelters, etc. We provided outlets for the homeless to plug RVs into free electricity. We taught police officers to be
counselors and community mediators. The result? Homelessness grew exponentially. See for yourself, Google "Bend
Oregon Homeless." Some parts of Bend are no longer safe for anyone — with rampant sex -trafficking, violence, drug
dealing and theft. Near one of the homeless camps, there have been numerous wildfires caused by stolen RVs lit on fire
and other open burning. This type of compassion threatened to burn the city down. It looks like compassion. It's
not. Do not follow Bend if you care about what's right for Kalispell.
Finally, if you ever want to have coffee and ask about a problem another growing city might have addressed, you are
welcome to reach out. I'm happy to call the Flathead "home" for my growing business and family.
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ORDINANCE NS- 2296
C
AN ORDINANCE AMENDING THE BEND CODE, CHAPTER 6.15
Findings:
A. Bend is experiencing dynamic growth, including an increase in residents
and visitors.
B. Among its adopted goals, the City Council has prioritized measures to
move people and products around Bend efficiently, safely, and reliably.
C. The system of public ways, including sidewalks, allows people to move
around the City, including as pedestrians.
D. It is important for all residents and visitors to have the ability to use the
public ways, including sidewalks, with a minimum of obstruction.
E. The downtown Bend area is particularly reliant on sidewalks and other
public ways for the free flow of pedestrian traffic, which enhances the vibrancy of
downtown and promotes the benefits of an environment that encourages
pedestrian traffic.
F. Amending the Bend Code to clarify the scope and application of the
existing provision regarding obstruction of public ways will help promote
pedestrian traffic and accessibility of public ways within the City.
G. The Code amendment will provide better and more objective notice to the
public regarding the need to keep public ways free of obstructions, and what
constitutes an obstruction.
H. The Code amendment will also provide law enforcement with an
enhanced tool to manage obstructions of public ways in order to promote the free
flow of traffic and ensure access for all.
I. The City Council finds that this measure will promote access to public
ways for all Bend residents and visitors, and intends that it be applied fairly,
equitably, and without regard to any aspect of any person's status.
Based on these findings, the City of Bend ordains as follows:
Section 1. Chapter 6.15 of the Bend Code is amended in accordance with
Exhibit A.
C_
Section 2.— All other-'- rovisions the Bend Code remain unchanged and in full
effect.
First Reading: September 6, 2017
Second Reading and Adoption by Roll Call Vote: September 20, 2017
YES: Casey Roats, Mayor NO: NONE
Sally Russell
Bill Moseley
Bruce Abernethy
-- -Nathan Boddie
Justin Livingston
Barb Campbell
Casey R6ats, Mayor
ATTEST:
Robyn Christie, City Recorder
Approved as t
_� JC, i yy ttomey's i
Bend Code
Chapter 6.15 TRAFFIC REGULATIONS
EXH BIT A
Chapter 6.15
TRAFFIC REGULATIONS
Sections:
6.15.000
Crossing Private Property.
6.15.005
Throwing Material from a Vehicle.
6.15.010
Obstructing Public Ways.
6.15.015
Sidewalks.
6.15.020
Streets Prohibited to Trucks.
6.15.025
Removing Glass and Debris.
Page 12
6.15.000 Crossing Private Property.
A. The operator of a vehicle shall not proceed from a street to another street by crossing private property. This
provision shall not apply to stops on the property to procure or provide goods or services.
B. A violation of this section is a Class C civil infraction. [Ord NS2140, 2010]
6.15.005 Throwing Material from a Vehicle.
A. It is unlawful to throw, drop or otherwise discard any item from a vehicle onto any public right-of-way or
premises open to the public.
CB. A violation of this section is a Class B civil infraction. [Ord. NS-2140, 2010]
6.15.010 Obstructing Public Ways.
A. Bxcept as authorized in subsection (B) of this section, no unauthorized person shall obstruct a public way,
including but not limited to streets, alleys, -and sidewalks_ and the breezeway from the western terminus of
Minnesota Avenue to Riverfront Plaza by depositing or storing personal property or other material on public ways
or by any other manner obstructing or interfering with public ways. For ses; of this section. a person, personal
property or other material obstructs and interferes with a public way by being positioned so that the accessible
passagnX is less than six feet in width. Obstruction of a sidewalk is a violation, even if the adjacent street is not
obstructed.
B. Merchandise or equipment delivery is allowed for the time needed to accomplish the delivery, not to exceed
10 minutes, or between the hours of 8:00 p.m. and 11:00 am. Delivery authorized under this section shall minimize
obstruction of public ways to the extent possible.
C. An authorized obstruction of a public way between sunset and sunrise shall be illuminated by warning lights
or reflective materials clearly visible 200 feet in all directions.
D. No person shall use a public way for display or sale of goods except as authorized by the City.
B. No person shall deposit garbage, earth, debris or rubbish of any kind on a public way, in the Deschutes River
or any irrigation canals within the City unless authorized by the City.
F. A violation of this section is a Class B civil infraction. A violation of subsection 03) of this section may be
cited as a parking violation _No person maybe cited under this section prior to being asked by law enforcement to
move or otherwise remedy the obstruction or interference. [Ord. NS 2140, 2010]
C 6.15.015 Sidewalks.
A. No person shall ride, drive or operate a motor vehicle on or across a public sidewalk within the City except at
driveway access points.
The Bend Cade is current through Ordinance NS-2293, passed June 21, 2017.
Bend Code
Chapter 6.I S TRAFFIC REGULATIONS
Page 212
B. This section shall not apply to motorized vehicles used for public safety, snow removal, maintenance and
repair, or mobility devices used by persons with disabilities.
C. A violation of this section is a Class A civil infraction. [Ord. NS2140, 2010]
6.15.020 Streets Prohibited to Tracks.
A. When the use of a street is prohibited to trucks exceeding a specified weight, no person shall operate a truck
on the street contrary to the prohibition except for the purpose of delivering or picking up materials or merchandise
and then only by entering the street at the intersection nearest the destination of the vehicle and leaving by the
shortest route.
B. A violation of this section is a Class C civil infraction. [Ord. NS 2140, 2010]
6.15.025 Removing Glass and Debris.
A. A party to a vehicle crash or a person causing broken glass or other debris to be deposited on a street shall be
responsible for the removal of glass or other debris from the street.
B. A violation of this section is a Class C civil infraction. [Ord. NS-2140, 20101
The Bend Code is current through Ordinance NS-2293, passed June 21, 2017.
ORDINANCE NS-2245
AN ORDINANCE AMENDING BEND DEVELOPMENT CODE CHAPTER 5.40 CIVIL
EXCLUSION ZONES
A. Bend Code Chapter 5.40 Civil Exclusion Zones has been an effective tool in reducing
criminal activity and code violations in the areas subject to the exclusion. The code
amendments adopted by this ordinance will expand the civil exclusion zone to include more of
Bend's downtown area.
B. The number of calls for police service in the proposed expanded area is significantly
higher than the number of calls in similar area with high pedestrian activity on private property,
such as the Old Mill area. See Exhibit B. The higher concentration of pedestrians on public
property increases the opportunity for crimes of the types that trigger exclusion. Many of the
calls for police services are the result of criminal activity by repeat offenders.
C. Expanding the civil exclusion area to Include additional parts of the Bend downtown area
Is intended to reduce criminal activity and code violations in the expanded exclusion area while
protecting the rights of citizens to exercise constitutional rights in the area.
D. The amendments also update statutory references and add two additional violations to the
list of violations on which exclusion can be based: violation of state marijuana restrictions and
violations related to uncontrolled or dangerous animals.
E. Chapter 5.40 already provides procedural safeguards and variances to protect the rights
of persons accused of violations. The proposed amendments expand the bases for allowing a
variance and to provide an appeal process if a variance is denied.
Based on these findings, THE CITY OF BEND ORDAINS AS FOLLOWS:
Section 1. Bend Code Chapter 5.40 Civil Exclusion Zones is amended to read as shown on
Exhibit A.
First Reading: June 3, 2015.
Second reading and adoption by roll call vote: June 20, 2015
Yes: Jim Clinton, Mayor
Victor Chudowsky
Doug Knight
Sally Russell
Casey Roats
Page 1 of 1
No: Nathan Boddie
Barb Campbell
KM
5.40.010 Civil Exclusion Zones.
_....r.. ......... ........ ................
Civil exclusion zones are designated to protect the public from those whose illegal
conduct poses a threat to safety and welfare.
A. Civil exclusion zones include the following places:
1. Public Places, The Breezeway between the western terminus of Minnesota
Street to and through the Riverfront Plaza; and all publicly owned property
from the eastern side of Brooks Alley to Drake Park between Franklin
Avenue and Oregon Avenues.,
2. Public Parks. All public parks, including parks owned and/or managed by the
Bend Metropolitan Park and Recreation District.
3. Downtown District. The Downtown District described as follows,.
Beginning at the northeast side of Newport/Greenwood Avenue and the
Deschutes liver, thence southwest along the Deschutes Diver to the
boundary of Drake Park, then southeast and then southwest along the Drake
Park boundary to Franklin Avenue, then northwest along Franklin Avenue to
the Northwest corner of Franklin Avenue and Broadway Street, then
southwest on the northwest side of Broadway Street to the southwest side of
Idaho Avenue, thence southeast on Idaho Avenue to the southeast side of
Bond Street, thence northeast on Bond Street to the southwest side of
Kansas Avenue, then southeast on Kansas Avenue to the southeast side of
Lava Road, thence northeast on Lava (Road to the south side of Franklin
Avenue, thence east to the west side of Harriman Street, thence north on the
east side of Harriman Street to the north side of Greenwood Avenue, thence
west on Greenwood Avenue to the Point of Beginning (as shown on Map A).
5.40.015 Civil Exclusion.
A person is subject to exclusion for a period of 90 days from entering or remaining
within a civil exclusion zone if that person has been cued to appear, arrested or
otherwise taken into custody within a civil exclusion zone foir:
' Any defined by ORS 163.160through s ww
B. Strangulation defined by,ORS 163.1g-7i
Menacing,C. as defined by ORS 163.190;
DHarassment, as defined by ORS 166.065and wr 1
E. Disorderly:conduct, defined by . 1andT66,025,
F. Recklessly endangering, as defined by ORS 163.195,
G. Coercion, as defined by ORS 163.275;
H. Any sexual offense, as defined by ORS 163.355 through 63 465;
I. Endangering the welfare of a minor, as defined by ORS 163.575;
J. Any offense under State law governing the possession, distribution, sale or
manufacture of a controlled substance;
K. Any offense under State law governing the possession, use, distribution or sale of
alcoholic beverages;
L. Possession or using a weapon in violation of
ORS 61 6.180, 166.190, 166,220,166.240. 166.250 or 166.272 or BC 5.40.040;
M. Any degree of criminal mischief, as defined by ORS 164.305 through 164.365,
N. Graffiti as defined in ORS 164.381 through 164.386;
O. Arson or reckless burning as defined in ORS 164,305 through 164.335:
P. Theft as defined in ORS 164.015 through 164.095;
Q. Littering as defined in ORS 164.775 through 164.905,
R. Possession of tobacco by a minor in violation of ORS 167.400;
S. Two or more citations for drinking at an unlicensed premises within 12 months.
T. Violation of Section 47, 49, 54, 56, 57 or 73 of 2014 Oregon Ballot Measure 91.
U. Two or more violations of Bend Code Sections 5.20.025, 5.20.035 or 5.29.040
within 12 months.
5 _400020 Exclusion Enforcement.______.�_....._..._.
If a person excluded from a civil exclusion zone is found within the perimeter of th_e c...ivil
exclusion zone during the exclusion period, that person may be arrested for trespass in
the second degree, as defined by ORS 164.245. A person is not considered to be
within the civil exclusion area if the person is within a vehicle that is passing through the
exclusion area.
5.40.025 Issuance of Exclusion Notices. _
The Chief of Police is designated as the person in charge of civil exclusion zones for th_e
purpose of Issuing exclusion notices in accordance with this chapter. The Chief of
Police may authorize employees of the Police Department to issue exclusion notices in
accordance with this chapter.
5.40.030 Pr_ocedure_for Exclusion.
A. M At the time a person is cited to appear, arrested or otherwise taken into custody
within a civil exclusion zone for any of the offenses specified in Bend Code 5.40.015,
the officer making such arrest may deliver to that person a written notice excluding that
person from the civil exclusion zone. Any exclusion notice shall not take effect until the
sixth day after the notice is issued..
B. The notice shall specify the area from which the person is excluded, the length of
the exclusion, the penalty for entering the excluded area and contain information
concerning the right to appeal the exclusion to the Judge of the Municipal Court.
E-- C. The person to whom the exclusion is issued shall sign a written acknowledgement
of receipt of the notice. If that person refuses to sign the acknowledgement, the
arresting officer shall make a written record of the refusal.
5.40.035 Appeal and Variance.
A. The person to whom an exclusion notice is Issued shall have the right to an appeal
from the issuance of the notice. The exclusion notice will notify the person of the right to
appeal and process for appeal.
1. An appeal of the exclusion must be filed, in writing, within five calendar days of
the issuance of the notice. The appeal must be filed with the Municipal Court. If the
fifth day is a day on which the Municipal Court is not open, the appeal may be filed
on the first day the Municipal Court is open for business, and the exclusion shall
not take effect until the close of business on that day. A hearing on the appeal
shall be held before the Judge of the Municipal Court within 20 calendar days of
the appeal. The exclusion shall be stayed during the pendency of the appeal.
2. The City shall have the burden to show by a preponderance of evidence that
the exclusion was based upon the conduct proscribed by BC 5.40.015. Copies of
documents in its control and which are intended to be used by the City at the
hearing shall be made available to the appellant at least two days prior to the
hearing.
3. A determination by a court having jurisdiction of the matter that the officer who
issued the exclusion notice at the time had probable cause to arrest the person to
whom the exclusion notice was issued for the conduct described in BC
5.40.015 shall be prima facie evidence that the exclusion was based on conduct
prohibited by those statutes.
B. Variances from the exclusion may be granted at any time during the exclusion
period by the Chief of Police, or by the Municipal Court.
C. The Chief of Police or the Municipal Court shall grant a variance to any person who
can establish that he or she is a resident of the exclusion zone, is employed within the
exclusion zone, or will use the waiver to visit the residence of a family member, to
consult with an attorney, to attend religious services or otherwise exercise a
constitutional right. A variance may also be granted when, in the discretion of the Chief
of Police or the Municipal Court, the exclusion order is no longer necessary to preserve
public safety. The denial of a variance may be appealed within 5 days to the Municipal
Court using the same procedures as for an appeal of the imposition of the exclusion.
D. All variances shall be in writing, for a specific period of time and only to
accommodate a specific purpose, all of which shall be stated on the variance.
E. The person shall keep the variance on his or her person at all times the person is -
within the exclusion area.