1985-14590-Minutes for Meeting July 10,1985 Recorded 7/17/1985C 85-14590 VOL 65 FAGr 13 9 DESCHUTES COUNTY BOARD OF COMMISSIONERS DOG CONTROL BOARD, JULY 10, 1985 JUL '7 f rL � 21 Chairman Tuttle opened the Public Hearing at 10:00 a.m. Co i's- sioners Prante and Maudlin were in attendance; ,�1 Counsel, was also present. '()�'! " Chairman Tuttle stated that this meeting is being held for the purpose of hearing a claim by Jerry Walker, 26855 Dickey Road, Bend. Chairman Tuttle requested information from Animal Control Officer, Debbie Delett. Officer Delett stated that Jerry Walker contacted the Animal Control Office at 7:52 a.m. on June 19, 1985 informing them that several dogs had attacked his sheep. Office Delett stated that she had arrived at the scene and observed one dead sheep and four injured so badly that they had to be put down. Office Delett stated that she walked with Jerry Walker and Ralph Sherman, who had seen the dogs with the sheep, to where the dogs lived. The dogs were confined inside their owner's gate and no one was at home. A note was left on the owner's door and the owner returned the call in the morning. Officer Delette stated that the two dogs that were identified had been put to sleep; however, the, third dog has never been found. Commissioner Maudlin stated that a memorandum has been received from Marvin Young, Deschutes County Extension Agent, with possible questions regarding the value of the claim. Commissioner Maudlin asked if the owner of the sheep has contact- ed the dog owners for possible restitution? Officer Delett stated that according to State law, the claim is made to the County for payment, then the County seeks restitution from the dog owners. Officer Delett stated that a letter has been sent to both parties from Mr. Walker's attorney expressing their intent to sue for twice as much as the claim to the County. Chairman Tuttle stated that the valuation of the animals must be determined and that the attorney for Mr. Walker should be requested to inform the Board of their intentions and future actions. Mr. Isham stated that the livestock owner has an independent cause of action, if the County pays the claim, they have no cause of action because the County is subgrogating that right. Mr. Isham added that if they want to pursue a lawsuit on their own, the intention must be made clear. 1 ! M v ti • En a 65 qac_ C -14-'D vii �... . Chairman Tuttle requested Mr. Isham to communicate with Gale Powell, attorney for Jerry Walker, informing him that the hearing is continued in order to hear their intentions. Chairman Tuttle entertained a motion to continue the Hearing to June 24, 1985 at 10:30 a.m. MOTION: PRANTE so moved. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. The meeting was adjourned. DESCHUTES COUNTY BOARD OF COMMISSIONERS LAZAA.E, CHAI TE, COMMISSIONER 1 )44�� DICK MAUDLIN, COMMISSIONER BOCC:kbw 0