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1991-12779-Minutes for Meeting May 01,1991 Recorded 5/10/19910106 1110 91"12'7''9 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONER.; 1 May 1, 1991 Chairman Maudlin opened the meeting at 10 a.m. Board members in attendance were Dick Maudlin and Tom Throop. Also present were Rick Isham, County Counsel; Larry Rice, Public Works Director; and Karen Green, Community Development Director. 1. CONSENT AGENDA Consent agenda items before the Board were: #1, appointment of Karen Green to the Airport Commission; #2, signature of Indemnity Agreement for Pro Canam Racing, Inc.; #3, signature of Acceptance of Deeds for Rimfire Road; and #4, signature of Order 91-067, refunding taxes. THROOP: I'll move approval of the four consent agenda items. MAUDLIN: Second. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES 2. RESOLUTION 91-035, BIKE COMMUTE DAY Before the Board was signature of Resolution 91-035 declaring May 9, 1991, as "Bike Commute Day" and a memo to County Department Heads encouraging participation by County staff. THROOP: I'll move signature of Resolution 91-035. MAUDLIN: I will second the motion. John Schubert, 62915 Nasu Park Loop, Bend, representing Biking for a Better Community, said there would be a rally that Saturday to draw attention to the need for cycling to become a real part of the Deschutes County transportation system. He thanked the Commissioners for their support. Commissioner Throop said the County appreciated the citizen volunteer efforts that went into the bicycle master plan and the community awareness events. VOTE: THROOP: SCHLANGEN: MAUDLIN: PAGE 1 MINUTES: 5/1/91 YES Excused YES 1, r 0106 1111 3. 4. 5. 6. CONTRACT FOR UNDERGROUND STORAGE TANKS Before the Board was award of bid from Tom New Construction Company for installation of two fuel tanks and decommission of three fuel tanks at the Public Works Department for a total of $59,905. THROOP: I'll move award of contract for the installation. MAUDLIN: Second the motion. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES SUBLEASE AGREEMENT WITH U.S. CELLULAR Before the Board was Receiving Sublease Ag. States Cellular) on notices had gone out received no comments. operation. signature of a Radio Transmission and reement with Oregon RSA #6, Inc. (United Awbrey Butte. Rick Isham said that to all users on Awbrey Butte, and he He said it would be a very low power THROOP: I'll move signature of the sublease agreement with U.S. Cellular. MAUDLIN: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES WEEKLY WARRANT VOUCHERS Before the Board were weekly bills in the amount of $418,569.28. THROOP: I'll move approval subject to review. MAUDLIN: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES DEVELOPMENT AGREEMENT FOR HBP PARTNERSHIP Before the Board was signature of Development Agreement for HBP Partnership (Hellbusch, Brainerd, Paise) for office building in a commercial zone. PAGE 2 MINUTES: 5/1/91 0106 1112 THROOP: I'll move signature of the Development Agreement. MAUDLIN: Second. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES 7. DEVELOPMENT AGREEMENT FOR WESTON Before the Board was signature of a Development Agreement for new commercial buildings in Sunriver Mall for Joseph Weston. THROOP: I'll move signature of the Development Agreement. MAUDLIN: Second the motion. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES 8. MJP-90-6 AND DECLARATIONS OF DEDICATION Before the Board was signature of MJP-90-6, a major partition dividing 122 acres into three lots and two Declarations of Dedication for a cul-de-sac right of way. THROOP: I'll move signature of MJP-90-6 and the two declarations of dedication for the cul-de-sac. MAUDLIN: Second the motion. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES 9. LIQUOR LICENSE RENEWAL FOR MT. BACHELOR MAIN LODGE Before the Board was chair signature of a Liquor License Renewal for Mt. Bachelor Main Lodge. THROOP: I'll move chair signature of the license renewal. MAUDLIN: Second the motion. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES a PAGE 3 MINUTES: 5/1/91 0106 1113 10. CONTINUATION OF PUBLIC HEARING ON COUNTY FEES' RESOLUTION 91-012 Before the Board was a continuation of a public hearing on Resolution 91-012, adopting and continuing fees and charges for County services. Chairman Maudlin opened the public hearing. It was determined that an ordinance needed to be passed allowing the Board of County Commissioners to initiate a solid waste rate change before the fee Resolution was implemented. Karen Green said that she would be adding an new fee on the building permit fee page for the "quick start program" which would be $75 in addition to the building permit fee and was an optional program. Rick Isham said the second notice library fee had been deleted. It would be established when the new computer system came on line. Chairman Maudlin continued the public hearing to 10 a.m. on Wednesday, May 29, 1991. 11. RESOLUTION APPROPRIATING PAYMENT FROM ROSIE BAREIS YOUTH CAMPUS The first check had come in from the Rosie Bareis Youth Campus, however it was made out to U.S. Bank which would violate County regulation. Rick Isham said he asked that the check be made out to Deschutes County. He requested that the Board authorize signature on a resolution appropriating the funds from the payment on the Rosie Bareis Center. The Board agreed to authorize signature of the Resolution to appropriate the payment. Chairman Maudlin continued the meeting until 11:15 a.m. Chairman Maudlin reconvened the meeting as the Animal Control Board at 11:15 a.m. Board members in attendance were Dick Maudlin and Tom Throop. Also present was Rick Isham, County Counsel. 12. DOG HEARING Before the Board was a hearing on a complaint of dogs chasing, injuring and/or killing livestock. Cynthia Komurka, Animal Control Officer for the Deschutes County Sheriff's Office, testified that on Saturday morning, April 27, 1991, she responded to a call from Frank Cauldwell concerning livestock being killed by some dogs at his PAGE 4 MINUTES: 5/1/91 0106 1114 residence on 20209 Reed Lane. She responded at approximately 8:30 a.m. and found Mr. Cauldwell, his family, and the veterinarian attending to the sheep that had not been killed during the incident. Mr. Cauldwell had three lambs which were probably mauled by dogs. She felt that it was dogs because they lived close to the city, and she couldn't attribute it to a wildlife kill. She photographed the area. Mr. Cauldwell said that his wife had seen a husky type dog going through the fence when the came out that morning prior to calling Animal Control. She, another officer, and a city Animal Control Officer checked the area and contacted several people about their dogs, none of which fit the description. After about two hours, she was near the Fred Meyer parking lot, which was near the Cauldwell residence, when she received a call that the dogs had returned to the Cauldwell residence. When she arrived, Mrs. Cauldwell pointed out the direction the dogs had run. When she arrived, she saw three dogs, one of which was in the custody of a neighbor, Mr. Merrifield. It was an older shepherd/husky dog and was tied to a tree along the canal. The other two dogs were young husky type dogs and were attempting to cross the main canal but then returned to the other dog. She observed that the larger dog, a male shepherd/husky mix which was later identified as belonging to Mr. Andres, had a large amount of blood on his shoulder. The other two dogs had blood on their heads and necks, and they had a strong oder of mutton/sheep smell on them. She impounded the dogs and took them back to the Cauldwell residence and later impounded them at the humane society. The older dog had some quills in his nose which he had probably gotten after the incident with the sheep. She estimated the sheep were injured between 6:30 a.m. and 7:30 a.m. that morning. At the humane society, another officer, Richard Hirsh, took the photographs of the dogs. One of the husky mixes, later identified as a malamute cross, had a blue nylon collar with two identification tags (Max and Moriah) with the same phone number. At first Officer Romurka was unable to reach anyone but finally found an address on the Tumalo Circle. She made contact the following day with Mr. Hammack and explained where the dogs were. She contacted Mr. Andres and he advised her that the dogs had run before and that approximately one month ago the Comstock's two dogs and his dog were picked up at the Inn of the 7th Mountain after crossing the river. Mr. Andres released his dog to be euthenized because his dog had been a problem in the past. Rick Isham asked if the entire area involved was within unincorporated Deschutes County. Officer Romurka said yes. Officer Romurka said there was an error her report. It should have referred to three large dogs: two black and grey, and PAGE 5 MINUTES: 5/1/91 0106 1115 one tan. She said the Ochoco Circle address was only one street from the Deschutes River Woods address. Commissioner Throop asked her to summarize the information which led her to believe that the two dogs in custody were the dogs which caused the damage to the Cauldwell flock. Officer Komurka said she based her conclusion on the blood on their coats, the unmistakable oder of sheep, no reports of other dogs, and they were found across the road from the incident. Rick Isham asked if the Cauldwell's had identified the dogs when she took them back t their residence. Officer Komurka said they had not made any comments about the dogs. Officer Komurka submitted seven photographs into the records. The first ones were of the three-month old lambs which were killed. One was of the location where the dogs were found and there was some wool next to the canal. There was also one photograph of each dog. She pointed out where the blood was found on the dogs, especially the tan dog. It was on the side of the mouth on the younger male pup and on the head of the mother of the pup. The tan shepherd mix dog had already been destroyed. Debi Hurley, Humane Society staff, testified that when Officer Komurka brought in the three dogs, the one with the porcupine quills did have old dried red blood on its rough (dog collar). The two younger dogs had quite a bit of blood on their rough and one had blood on its shoulder. She had raised sheep and was familiar with their smell, and these dogs had an overwhelming sheep smell. She saved some of the feces from the younger two dogs, and there were bits of wool in their feces. They never found a sample from the dog with the porcupine quills. She was not there when the pictures were taken. Frank Cauldwell, owner of the sheep, testified that on the day of the incident, their daughter woke them up about 8 a.m. in hysterics. She had gone to feed the sheep and found a dog killing a lamb. His wife saw the brown dog going through the fence when they got outside. There was one lamb dead in the pen, a purebred suffolk lamb was out in the field with his throat ripped open still trying the live (the vet had to destroyed this lamb), and another lamb in the back was also dead. Two yews were in the pen chewed up, and they had two lambs that had been chewed up. His big suffolk yew was gone from the area. They eventually found her about 2 p.m. at the Fred Meyer parking lot. All of the sheep's left rear legs had been chewed up in addition to their necks. The veterinarian said that a couple of the living animals would probably die. He said that when sheep were traumatized like this, there was a 60% chance that they would never take a buck again and, PAGE 6 MINUTES: 5/1/91 0106 1116 therefore, their breeding potential was doubtful. His lambs were all guaranteed and sold to 4-H. The suffolk buck lamb had been sold for $100 and would have been picked up the next day. He would have shot the dogs when they came back if he had enough time. Theresa Cauldwell testified that she felt the sheep were mutilated and was afraid that the dogs would do the same again if given the opportunity. When she first went outside, she saw the last dog leaving the field. While they were patching the sheep up, she saw all three of the dogs standing in the road and so she called Animal Control back. Chairman Maudlin asked which dog she had seen leaving the field. She pointed to one dog's picture (91-1285). Rick Isham asked if she had identified the dogs that Officer Komurka had brought back to their property. Theresa Cauldwell said she had not seen the dogs in Officer Komurka' s truck, but that she could identify one of the dogs she saw standing on the road as the one she saw leaving her property. Mr. Cauldwell said that the previous evening, a man named Jack came to see them. He was supposed to be a friend of the Comstocks and the Hammacks. "Jack" told them that if they didn't want trouble, they had better drop the charges. Commissioner Throop pointed out that it would not have made any difference if they had dropped the charges, since state law required that the Board continue with the hearing. Roseann Comstock showed the Board some material on how their animals had been raised She said the female, mother dog was born in 1989 and was named Moriah. Moriah's mother died at her birth. Ms. Comstock said she raised Moriah the way her own mother would have. She was bottle fed every two hours and slept on her chest until she was stable. This had been a very expensive process. She and her husband could not have children and their animals were their family. Moriah had two seven-month-old pups, and one was with her on the date of the incident. She said the brown dog lived behind them, and he would come to their house and try to draw their female dog away from their residence. Moriah had broken away from her chain once before and followed the brown dog down to the river. The night of the incident, her dog had dug out under the fence and the pup followed her. The pup had never been out of the pen before. They lived 8-10 miles from the Cauldwell residence with many neighbors in between which had sheep and chickens. The neighbors had never had any problems with her dogs. They were willing to take responsibility for what their dogs had done. All the dogs were spayed or neutered except the pups. Moriah was only 1-1/2 years old and the pups were 7 months, and she felt they were young enough PAGE 7 MINUTES: 5/1/91 0106 111'7 to be trained. They were willing to compensate the Cauldwell's for their loss, and felt the dogs had been punished enough. She felt the owner of the brown dog should also help pay for the loss of the sheep. She questioned whether her dogs had been seen killing the sheep since they might have been just eating after the kill. She wanted an opportunity to train her dogs. If she felt they would continue with this kind of behavior, she would put them away herself. She requested that if the decision were made to destroy the dogs, they be allowed to be there when they were put to sleep and bring their bodies home to be buried. Commissioner Throop pointed out that state law required that they consider only one issue at dog hearings: whether the dogs chased, injured or killed livestock. If they found that they did, they were required to put them to sleep in a humane fashion. If the answer was no, they could let the dogs go. The Board did not have any discretion in the matter. Chairman Maudlin asked if the dogs had rabies vaccines and were licensed. Ms. Comstock said the ones who were old enough had been licensed and had their shots. Mr. Hammack said he didn't have anything else to add. Monica Zagorski, 60263 Tumelo Circle, Bend, neighbor of Roseann Comstock testified that Ms. Comstock had always taken care of her dogs and kept them penned. She had had problems with the brown dog also. He was unfed and neglected which was why he would run away. Ms. Comstock's dogs had never shown any violent tendencies and were friendly to her. Commissioner Throop said that state law required that the Board only look at one issue: were to two dogs involved in the incident. Because the dogs had blood on them, their was wool at the site where the dogs were found, the dogs smelled of sheep, there was wool in the dog's feces, and the dogs were picked up near the site of the incident, he felt it was unmistakable that the two dogs were involved. THROOP: I'd move that the dogs be destroyed in a humane manner as is required by state law. MAUDLIN: I'll second the motion. Chairman Maudlin said in the past there had been requests that dogs be allowed to be taken out of state. The problem with those requests was that if the dogs were release and they were involved with another incident, the County would liable. He felt there was no question that impounded dogs were the dogs involved in the incident. PAGE 8 MINUTES: 5/1/91 0100 1118 VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES DESCHUTES COUNTY BOARD OF COMMISSIONERS Tom ThrooP.lCommissioner Nancy Pope Schlangen, Commissioner r s D' ud in, Chai an BOCC:alb PAGE 9 MINUTES: 5/1/91