1984-90042-Minutes for Meeting September 26,1984 Recorded 10/23/1984VOL 57 FACE 166
DESCHUTES COUNTY BOARD ,�3F'R%EMMIOMINUTES
SEPTEMBER 26, 19`g11111 t1�,'1�, M
Y
Acting Chairman Tutt '!�alled the meeting to order at 10:00 A.M.
Commissioner Young and Commissioner Prante were also present.
Amendments to Acting Chairman Tuttle read aloud the amendments
the Agenda to the agenda.
Discussion
Richard Isham, County Counsel, explained that there
Regarding KBND's
was a meeting last night with representatives from
Application on
Brooks Resources and KBND to discuss KBND's pending
Awbrey Butte
application to place an FM transmitter antenna on
(action item)
OEPBS tower. One issue discussed was KBND's desire
for Deschutes County and Brooks Resources to
support their application to locate an antenna on
the OEPBS multiple use facility. The intent of the
the multiple use facility of OEPBS was to allow
other antennas to be placed on the site consistent
with the plans of the OEPBS facility. Another
item discussed was that Deschutes County and Brooks
Resources would assist KBND in their negotiations
with OEPBS in the form of a letter or
recommendation that OEPBS be reasonable in their
financial arrangements. Mr. Isham continued that
there was some concern that the pricing of the
OEBPS facility for other users may be in the higher
range and there was a requirment that OEBPS make
available the facility for other users. Mr. Isham
continued that it appears that the facility may not
have been constructed to allow other users without
retrofitting the existing facility. This concerns
KBND because the cost under current negotiations
would be substantially borne by KBND. The Awbrey
Butte Committee will review this item tomorrow but
KBND would like Deschutes County's support in
helping to further their negotiations. Mr. Isham
stated that the County has no power other than a
letter of support indicating the cost to KBND
should be reasonable. Mr. Isham continued that
KBND has been paying on land since 1963 on a Awbrey
Butte site in the hopes of putting a radio station
there. Because of the Master Plan development and
problems with licensing through FCC, KBND have not
exercised their rights on the leased site. Mr.
Isham stated that there is a serious question
whether or not the site leased by KBND will
ultimately exist in the present location. In
exchange for releasing their site, KBND would like
the right of first refusal when a site becomes
available, either immediately or in the future. If
KBND can exchange their site for right of first
refusal, the current lease and application with the
MEETING MINUTES - PAGE 1
City of Bend will
has objections to
City of Bend.
VOL - 57 PACE 167
be abandoned. Brooks Resources
the current application with the
Dave Jaqua, representing KBND, explained that
Brooks Resources is not in a position to support an
active request for a site in the Master Plan, but
are comfortable in taking the position that if KBND
is willing to vacate the lease, Brooks Resources
would not have the concern for the project, and
would support the right of first refusal.
MOTION: YOUNG moved to send a letter indicating
the support for KBND in negoitiations with
OEPBS.
PRANTE: Second
VOTE: UNANIMOUS APPROVAL
MOTION: YOUNG moved to agree with the concept of
the right of first refusal for on -an
available site.
PRANTE: Second
VOTE: UNANIMOUS APPROVAL
Request to Use Chairman Tuttle read aloud a letter received from
County Land for Mr. Don Franks. Mr. Franks is requesting to keep
Beekeeping two to four bee hives on county land east of bend.
(action item)
Richard Isham explained that this is a kind of
non -user, requiring a license to locate.
MOTION: YOUNG moved to make up the proper license
MEETING MINUTES - PAGE 2
for Mr. Franks to place bee hives not to
exceed four on County land, subject to
approval of the license.
PRANTE: Second
VOTE: UNANIMOUS APPROVAL
Signature of
Neil Hudson, Director of Public Works, explained
State and Local
that Oregon is one of four states in the region
Agency Agree-
does not stripe horizontal curves for no -passing
ment for
zones. The State of Oregon has a program where a
Road Striping
private consultant will inventory all no -passing
(action item)
zones on all paved public roads that have a painted
center line. The project is under a federal grant
and at no cost to the County. This agreement
allows them to work on the County roads. Mr.
Hudson recommended approval of the agreement.
Mr. Isham explained that a Resolution is required
with this agreement.
MEETING MINUTES - PAGE 2
V
VOL 51 PAGE 168
MOTION: PRANTE moved to authorize the permanent
Chairman to sign the agreement between
the State and Local Agency for the road
striping and authorized signature of the
Resolution.
YOUNG: Second
VOTE: UNANIMOUS APPROVAL
Acceptance of This Declaration of Dedication is for a small
Declaration of triangular piece of property needed for the
Dedication reconstruction of South Canal Boulevard in
(action item) Redmond.
Chairman Tuttle entertained a motion to accept the
Declaration of Dedication.
MOTION: PRANTE so moved.
YOUNG: Second
VOTE: UNANIMOUS APPROVAL
Acceptance of This Declaration of Dedication is for a ten foot
Declaration of strip of land along our existing County road on the
Dedication on Bend Redmond Highway. This dedication was a
Bend -Redmond requirement for Minor Partition No. 83-19 due to
Highway the road being an arterial on the Comprehensive
(action item) Plan.
MEETING MINUTES - PAGE 3
MOTION: YOUNG moved to accept the Declaration of
Dedication.
PRANTE: Second
VOTE: UNANIMOUS APPROVAL
Appointment
Chairman Tuttle explained that Bob Currie, who was
to Solid
the chief operating officer of Bend Recycling, has
Waste Advisory
decided to pursue other interests and has resigned
Committee
from the Solid Waste Advisory Committee. Mr.
(action item)
Currie is recommending that Mark Bowers, current
chief operating officer of Bend Recycling, be
appointed to fill his unexpired term.
MOTION: YOUNG moved to appoint Mr. Mark Bowers to
the Solid Waste Advisory Committee to
replace Mr. Bob Currie.
PRANTE: Second
VOTE: UNANIMOUS APPROVAL
MEETING MINUTES - PAGE 3
VOL 57 PAGE 169
Order No. Chairman Tuttle explained that this order directs
84-247, the Deschutes County Treasurer to distribute to the
Distribution various taxing districts the earned interest for
Earned the 1983-84 fiscal year.
Interest
(action item) MOTION: PRANTE moved to adopt Order No. 84-247,
distributing the earned interest.
YOUNG: Second
VOTE: UNANIMOUS APPROVAL
Signature of
MOTION: PRANTE moved to sign Minor Partition
Minor Partition
No. 83-19.
MP -83-19
YOUNG: Second
(action item)
VOTE: UNANIMOUS APPROVAL
Deschutes
Chairman Tuttle explained that this issue was
County State
raised by the Planning Commission who had some
Parks Plan
concerns in the LaPine area as to the potential
Recommendation
uses of the LaPine State Park. Most of the
(action item)
concerns have been satisfied. Before permanent
alterations are made to the comprehensive plan or
zoning ordinance regarding this issue, it will come
before the Board.
Chairman Tuttle entertained a motion to accept the
recommendation of the County Planning Commission as
outlined in the memo for John E. Andersen dated
September 17, 1984.
MOTION: PRANTE so moved.
YOUNG: Second
VOTE: UNANIMOUS APPROVAL
Discussion Richard Isham explained that some of the
and Possible processes in the current closing procedures
Signature are repeated. An outline for closing
of County procedures has been prepared.
Policy
Regarding This item will be continued for one week so that
Closing the Board may have time to review the procedures.
Procedures
Order No. Chairman Tuttle read aloud Order No. 84-248.
84-248 $25,000 is being transferred from General Fund,
Appropriations Contingency to General Fund, Personal Services.
Transfer
(action item) Richard Isham explained that because of the delay
in the transfer of the Home Health Agency the
County was required to expend funds for personal
services.
MOTION: YOUNG moved to approve Order No. 84-248.
PRANTE: Second
VOTE: UNANIMOUS APPROVAL
MEETING MINUTES - PAGE 4
VOL 57 FAA70
Order No.
MOTION: PRANTE moved to sign Order No. 84-249
84-249
through Order No. 84-264.
through
YOUNG: Second
Order No.
VOTE: UNANIMOUS APPROVAL
84-264, In
Order No. 84-220, vacating a portion of
The Matter
Murphy Road.
of Refund
MOTION: PRANTE so moved.
of Taxes
YOUNG: Second
(action item)
VOTE: UNANIMOUS APPROVAL
Request for
Before the Board of Commissioners were the
Refunds
following request for refunds: Northwest
(action item)
Ranch Brokers, $165; Gray Fancher, $465; Gail
Amending Exhibit
Durant, $40; J Bar J, $187.50; Fred Schilling, $10;
"A" of Order
Michael Brownlee, $198.64; Carl Merritt, $47.75 and
No. 84-216,
$30; Theodore Holroyd, $30; Jim Veinker, $15.60;
An Order
and Strasser Excavation, $35.
Other Staff/ Chairman Tuttle explained that there are vacancies
Public Concens in the Redmond Urban Area Planning Commission and
the Redmond Site Design and Review Committee that
need to be filled. Applications can be sent to the
Board of County Commissioners or the Redmond City
Manager.
Consideration Chairman Tuttle explained that an easement needed
of Order No.
to be included in this vacation for the purpose
84-220, An Order
of utilities.
Vacating a
Portion of
Chairman Tuttle entertained a motion to approve
Murphy Road
Order No. 84-220, vacating a portion of
(action item)
Murphy Road.
MOTION: PRANTE so moved.
YOUNG: Second
VOTE: UNANIMOUS APPROVAL
Consideration
Richard Isham explained that the legal description
of Order No.
shoud have included a reservation and this will
84-226, An Order
amend the description as necessary.
Amending Exhibit
"A" of Order
MOTION: YOUNG moved to adopt Order No.
No. 84-216,
84-226 amending Exhibit A of Order
An Order
No. 84-216.
Vacating A
PRANTE: Second
Portion of
VOTE: UNANIMOUS APPROVAL
Woodside Road
(action item)
MEETING MINUTES - PAGE 5
VOL 57 ?AGE 171
Award of Bids Neil Hudson explained that bids were opened on
on Vehicles September 10, 1984 for Sedans, 4x2 Pickups, and
(action item) 4x4 Pickups. Bob Thomas Chevrolet was the low bid
on all three types of vehicles. The vehicles to be
purchased for the County will go into the vehicle
replacement and maintenace pool to be distributed
to various County departments. The Public Works
Department recommended awarding all three bids to
Bob Thomas Chevrolet.
MOTION: YOUNG moved to accept the recommendation
of the Public Works Department and accept
the bids of Bob Thomas Chevrolet in the
amount of $68,750.
PRANTE: Second
VOTE: UNANIMOUS APPROVAL
Discussion
Richard Isham explained that the County Dog Control
Regarding
Ordinance provides that under certain circumstances
Dog Control
activities of a dog such as chasing livestock have
Issue
to come before the Board of Commissioners sitting
as the Dog Control Board. The procedure set forth
in the ordinance is that a hearing be conducted
where parties are allowed to give evidence to the
Board and a decision is made on whether or not the
dog is to be destroyed in a humane manner. Mr.
Isham continued that in this case it was perceived
by an owner of livestock that a dog was chasing
livestock. The dog was shot as authorized under
the ordinance. Subsequently, that dog has been
held pending a decision by the Board of County
Commisisoner on whether the dog is to be destroyed.
The purpose of gathering the information at this
hearing is to determine whether or not the dog is
to be destroyed in accordance with Section 9 and 10
of County Ordinance 203.1. Section 10 reads,
..after the completion of the tests administered,
the Dog Control Board shall determine if the dog
has been engaged in killing, wounding, injuring or
chasing livestock. If the Dog Control Board
determines that the dog has been so engaged, the
dog shall be killed in a humane manner. The cost
of keeping and testing the dog shall be paid by the
owner. If the Dog Control Board determines that
the dog has not been so engaged, the dog will be
released to its owner. If the dog has been
impounded in order to received evidence, the
complainant shall pay the cost of testing and
keeping of the dog.
MEETING MINUTES - PAGE 6
VOL 57 FAcE172
Leslie Edgecomb, Deschutes County Animal Control
Officer, explained that she was called out on a
complaint that two Norweigan elk hounds had a sheep
down in the Sisters Area. Ms. Edgecomb responded
to it and was told when she arrived that the dogs
had been shot and wounded and were no longer there.
Thd dogs were belived to believe on the Hurtley
Ranch. Ms. Edgecomb went to the area where the
dogs were supposedly chasing the sheep. There was
an area flattened down in a circular pattern in the
tall grass, as if something had been running around
in a circle. There was some blood. Ms. Edgecomb
stated that apparently Brian Cyrus had shot the
dogs. Ms. Edgecomb went over to the Hurtley Ranch
but could find no one at home and couldn't find the
dogs. Later in the day Ms. Edgecomb called the
Redmond Veteranary Clinic and they said there had
been a dog admitted from the Hurtley ranch that had
been shot. Ms. Edgecomb stated that she contacted
Mr. Rutschow who stated that both dogs 'had come
home, one was shot, and had been taken to the vet.
Ms. Edgecomb informed him that the dogs had to be
impounded. Mr. Rutschow agreed to do so but would
not release the dog that belonged to his daughter.
Brian Cyrus explained that he shot the dogs when he
found them out in the sheep pasture. He said that
he was going around the pasture checking on the
sheep and saw a lamb in the field with two
Norwegian elk hounds around the lamb, circuling in
a clockwise rotation. Brian Cyrus said after that
he went,to the house and got a rifle and retunred
and shot both of the dogs. Brian Cyrus said that
he didn't kill either dog and they both went to the
east, through a woven wire fence with barb wire on
the top and bottom. Brian Cyrus said that the dogs
went through the fence and onto the Hurtley ranch
somewhere. Brian Cyrus said there are quite a few
Norwegian elk hounds over there and he didn't know
who they belonged to. Brian Cyrus went back to the
house and had his mother call dog control to look
into the matter. Brian Cyrus said that they have
had quite a bit of trouble with dogs in the past
harassing and killing the sheep. Brian Cyrus said
that right now the sheep won't stay in the field
when they should be feeding and putting on weight
and but come running into the near pasture in the
middle of the day harassed by something. Brian
Cyrus said that they lose the equivalent of one
sheep every time they run in from the pasture and
are not allowed to graze. Brian Cyrus said running
the sheep runs off pounds and that is profit that
they are losing because of dogs belonging to
someone else. Brian Cyrus said that they have
MEETING MINUTES - PAGE 7
vat 57 FxE 173=
fences all around to protect themselves; an
electric fense on one side and a woven fence on two
sides. Brain Cyrus said the dogs and coyotes have
dug under the fence and he has repeatedly covered
the holes, but new holes are dug. Brain Cyrus said
that he didn't have much choice but to shoot the
dogs becausee he caught them in the act of
harassing the sheep. Brian Cyrus said that most of
the time they don't see the dogs out there but see
the sheep running in excitedly.
Commissioner Prante asked if the harassment of the
sheep has continued after the shooting?
Brian Cyrus said that they hadn't noticed it as
much.
Commissioner Prante asked if there was an idea of
the number of Norweigan elk hounds in the area?
Brian Cyrus said that he has caught the dog shot in
the leg in a trap before and has caught Don Holum's
Norweigan Elk Hound in a snare.
Commissioner Prante asked if Brian Cyrus informed
the owners when their dogs were caught in the
traps?
Mr. Cyrus said that he released the Hurtley dog to
Judy Hurtly and Mr. Holum's dog to him.
Willard Cyrus stated that he lives on the east side
of the hurtley property. Willard Cyrus stated that
his wife has a flock of sheep consisting of 30 to
35. Willard Cyrus said that these particular dogs
have not harassed their sheep but have been found
roaming on the property in the middle of the day.
Willard Cyrus said that in the past dogs have come
into their property and harassed their sheep and
the dogs were returned to their owner. Shortly
after the dogs were returned they were killing
sheep that belonged to others.
Comissioner Prante asked if the dogs were elk
hounds that had been killing sheep.
Mr. Cyurus said that they were not, but with dogs
running there is always a potential.
Judy Hurtley stated that she was out of town when
this occured. Mrs. Hurtly stated that she is here
to request the dog be returned to her. Mrs.
Hurtley explained that she feels she has been
irresponsible and it is true that the dog has been
MEETING MINUTES - PAGE 8
VOL 57 PAGE 174
caught in the trap in a trespassing situation.
Mrs. Hurtley stated that she asked the Cyrus' not
to shoot the dog and she would pay for damages if
anything happened, but it would be difficult to
know whose elk hound was being shot at. Mrs.
Hurtley continued that she told them if there was
ever a problem they have insurance and would take
care of the damage. Mrs. Hurtley stated that she
is willing to kennel the dog and keep it in the
house with her. Mrs. Hurtley continued that the
mother dog was given to her parents and she has
raised several batches of pups from this female.
Mrs. Hurtley stated that the dog is a joy to her
family and is with her most of the time. Mrs.
Hurtley stated that she does not believe the dog is
a dangerous dog and did not damage the lamb. Mrs.
Hurtley asked the Board to consider the possiblity
that the dog was a follower of her mothers antics
and she will take full responsibility to build a
kennel and keep her on the property, and if the dog
ever strays she would bring her in to be
euthanized.
Commissioner Prante asked if Mrs. Hurtley was aware
of any involvement of this particular dog doing any
damage.
Mrs. Hurtley said that it has never been
established by anyone or witnessed by or suspected
that this dog has caused damage.
Commissioner Prante asked if Mrs. Hurtley was aware
of sheep in the area being attacked by dogs?
Mrs. Hurtley said yes.
Commissioner Prante asked if there was any evidence
on her animal at any time to indicate this animal
was involved in attacking sheep?
Mrs. Hurtley said there has never been evidence of
this kind.
Being no further comments, Chairman Tuttle closed
the hearing.
Commissioner Young stated that it is quite obvious
that the dog did it, but he doesn't see anything
gained by destroying the dog.
MEETING MINUTES - PAGE 9
r VOL 57 PAGE 1?5
Chairman Tuttle stated that it is his belief that
under State Law and County Ordinance, there is no
latitude but it is incumbent upon the Board to be
required that a dog be destroyed in the event that
they are a public nuisance and chasing livestock.
Chairman Tuttle stated that he suffered as a young
person having a dog shot that was chasing livestock
and he understands the agony. Mr. Tuttle stated
that the Board has no choice but to recommend that
dog be destroyed under the terms of the law.
Chairman Tuttle said that dogs who are in the habit
of or chase livesotck continue to do so and it
takes a very short period of time for them to
continue being a menance after that point.
Richard Isham explained that the language in the
ordinance is that the Dog Control Board determines
the dog has been so engaged (killing, wounding,
injuring, or chasing livestock) and the dog shall
be killed in a humane manner and the cost of
keeping the dog during impoundment shall be paid by
the owner of the dog.
Chairman Tuttle entertained a motion. Being no
motion, the Chairman made a motion.
MOTION: TUTTLE moved that pursuant to County
Ordinance and State Statute the Board is
required to euthanize the dog reported in
the complaint.
Motion died for lack of a second.
Chairman Tuttle stated that the dog would remain at
the Humane Society and additional costs will be
borne by the owners until a decision can be
reached.
Richard Isham suggested continuing this item to see
if there is an ability to reach a decision.
MOTION: PRANTE moved to continue this item to
Monday, October 1, 1984 at 10:00 A.M.
YOUNG: Second
VOTE: UNANIMOUS APPROVAL
Planning Chairman Tuttle explained that there is a vacancy
Commission on the Deschutes County Planning Commission
Appointments and the Planning Director has recommended the
(action item) position be filed by Dennis Sandow. Chairman
Tuttle said that Mr. Sandow is interested in
overall planning issues of the County.
MEETING MINUTES - PAGE 10
w
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DESCHUTES COUNTY BOARD OF COMMISSIONERS
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MEETING MINUTES - PAGE 11
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MOTION: PRANTE moved to appoint Dennis Sandow to
the Deschutes County Planning Commission.
YOUNG: Second
VOTE: UNANIMOUS APPROVAL
OLCC Liquor
Before the Board of Commissioners was a OLCC Liquor
License
License Renewal Application for the Brand
Renewal
Resturant.
Application
(action item)
Chairman Tuttle entertained a motion to recommend
the liquor license renewal and authorize the
permanent Chairman to sign.
MOTION: PRANTE so moved.
YOUNG: Second
VOTE: UNANIMOUS APPROVAL
Addition to
Before the Board was an addition to the maintenance
Maintenance
agreement with Office Systems Group for eight
Agreement
typewriters in the amount of $440.20 per year.
with Office
Systems
MOTION: PRANTE moved to authorize the permanent
Group for
Chairman to sign the maintenace agreement
Typewriters
with Office Systems Group.
(action item)
YOUNG: Second
VOTE: UNANIMOUS APPROVAL
Signature of
MOTION: PRANTE moved to sign Major Partition No.
Major Partition
84-2.
No. 84-2
YOUNG: Second
(action item)
VOTE: UNANIMOUS APPROVAL
Being no further
business at this time, the Board recessed and will
reconvene at 1:30 this date for meetings with department heads.
DESCHUTES COUNTY BOARD OF COMMISSIONERS
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MEETING MINUTES - PAGE 11
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