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1991-35772-Minutes for Meeting November 06,1991 Recorded 11/21/1991MINUTES MINUTES 9j, Yy DESCHUTES COUNTY BOARD OF COMMISSIONERS,f;,��_� ' November 6, 1991 C .L� ,, % + OS Chairman Maudlin called the meeting to order at 10 a.m. Board members in attendance were Dick Maudlin, Tom Throop and Nancy Pope Schlangen. Also present were: Rick Isham, County Counsel and Brad Chalfant, County Property Manager. 1. CONSENT AGENDA Consent agenda items before the Board were: #1, signature of Resolution 91-092 accepting petition to vacate a portion of Tumalo Reservoir Market Road and Order 91-127 Accepting Engineer's Report and setting a Public Hearing for December 18, 1991; #2, signature of Conservation Easement for the Nielsons on property located at 56484 Eclipse Drive (Deschutes Recreation Homesites Subdivision); #3, signature of Conservation Easement for Warren Mines (V-91-18, setback exception for residence); #4, signature of MJP 91-05 creating two 10 -acre parcels in MUA-10 zone along 73rd Street near Redmond for Claude Riles; #5, signature of Bargain and Sale Deed for Dwight Detwiler for Lots 4 & 5, Block 3, LaPine Industrial Site Phase II; #6, approval for Chairman Maudlin to review and approve bill on behalf of the Commission during the week of November 11-15, 1991; #7, signature of Resolution 91- 093 initiating proceedings to improve certain dedicated roads (portions of 73rd Street and Gift Road) by Local Improvement District; and #8, signature of Resolution 91-095 revising certain licensed food facility fees. SCHLANGEN: I move approval of the first eight consent agenda items. THROOP: I'll second the motion on the consent agenda items that we discussed on Monday. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 2. RESOLUTION 91-096 CONCERNING EXCHANGE OF EASEMENTS Before the Board was signature of Resolution 91-096 declaring the intention of Deschutes County to make an exchange of real property with Gale H. Burwell and Anna E. Surcamp, as tenants in common, and Frank and Marlene Hemstreet, co -trustees of the Hemstreet Family Trust, and William and Sharon Criswell and setting a public hearing for December 18, 1991. PAGE 1 MINUTES: 11/6/91 1 I9� 3. 4. 5. Brad Chalfant said this was an exchange of easements. The County would allow a road easement across County land and the County would pick up an easement along the Deschutes River in the exchange. The easement along the river had not been surveyed but Mr. Chalfant estimated that it was 75 feet wide and 300-400 feet long and would connected with an existing trail along the river on State Parks Department land. The easement would be the land below the rimrock. MAUDLIN: I would entertain a motion for signature of Resolution and License. SCHLANGEN: So move. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES LOTTERY COMMISSION VIDEO POKER MACHINES Chairman Maudlin suggested the Board write a letter to the State Lottery Commission indicating that the Deschutes County Board of Commissioners along with many other counties were not in favor of having the state lottery involved with video poker games, but since it was inevitable, the Board felt the games would be better operated and more money would be made if they were run by private enterprise. Commissioners Schlangen and Throop agreed with this position. WEEKLY WARRANT VOUCHERS Before the Board were two batches of bills in the amount of $358,892.10 and $375,154.76. SCHLANGEN: Approve it upon review. THROOP: I'll second the motion to approve upon review. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES OREGON TRAILS 1993 CELEBRATION Chairman Maudlin said he had been discussing the Oregon Trails 1993 Celebration with Carla Watson who was the organizer. There was a meeting set in Redmond at the COCC center on Thursday, November 21. He had a letter from the Governor requesting only 3-4 representatives attend because the meeting would include Crook, Deschutes, Jefferson, Lake, Harney and PAGE 2 MINUTES: 11/6/91 6. 7. Klamath Counties. He said these individuals would be charged with devising a homecoming work plan over the next several months. He suggested that the following people be invited to attend: Mike Hall or someone from the historical society; someone from CORA; someone COED; one person from the High Desert Museum; Rick Hurt, representing the various Chambers of Commerce, plus chairman Maudlin said he was going to attend the meeting. The other Commissioners approved and Chairman Maudlin agreed to send out the necessary letters. PASSAGE OF JAIL BOND Chairman Maudlin said that since the jail bond had been approved, the County needed to start work immediately. He and County Counsel had talked and felt strongly that someone should be hired to take care of the construction, but that in the interim period, there needed to be a person to handle all of the details until the time construction would start (approximately 12-18 months). They agreed that this person should be County Counsel Rick Isham. County Counsel indicated that this would be a full-time job during this 12-18 months period, and it was suggested that the part-time attorney be increased to full time and that Bruce White, Assistant Counsel, spend more time on County Counsel work and less on Community Development work. It was decided that all of the ramifications of this should be considered, and that a meeting be set up to include the Sheriff, the Community Corrections Directors and the County Administrator to consider the alternatives. DOG HEARING FOR MICHELLE DOTY Before the Board was a hearing on whether or not the two dogs owned by Michelle Doty were chasing livestock in their neighborhood. Chairman Maudlin asked for a report from the Animal Control Officer. Officer Hurley testified that on November 4 she received a call to meet with the complainant at 1245 Lower Bridge Road in Terrebonne. The gate was shut when she arrived, so she left a door hanger indicating she had been there at approximately noon. She received a call to go back to the complainant's house and arrived at approximately 2 p.m. She very carefully explained the complaint form concerning dogs chasing livestock for approximately 15 minutes. The complainant understood and still wanted to sign the form. She had explained that the Animal Control Division did not give warnings about dogs chasing or injuring livestock, and that the complainant needed to do that if a warning was what she wanted. The complainant said she had given previous warnings to the owners of the dogs PAGE 3 MINUTES: 11/6/91 and that it had been going on all summer. The complainant initialed the statement indicating that she would be willing to testify at this hearing. Officer Hurley left with the complaint form and went to the suspect's residence but no one was home. The black dog was chained in the back yard and the terrier cross was running loose out front. There were vehicles parked in the yard so she knocked on the front door. Then she went to the back door and hollered and knocked. At approximately 2:15 pm she contacted Deputy Lawrence in reference to impounding the dogs if no one were home, and he said if a complaint had been signed, she should impound the dogs. She loaded up the dogs and went directly to complainant's house arriving about 2:30 p.m. The complainant positively identified the two dogs as those chasing her sheep. She took the dogs to the Redmond Humane Society and placed them on a livestock hold. The suspect called and left several message on the machine and then called the Sheriff's Department. Officer Hurley spoke with Michelle Doty several times that evening and she did request a hearing. Officer Hurley checked the computer for dogs licenses and they had none. She advised Ms. Doty that she needed to come to the Deschutes County Sheriff's Department to sign the hearing request form. Officer Hurley said that complainant's house was directly across the street from the suspect's house. Chairman Maudlin asked what time of the day the dogs were supposed to have been chasing the sheep. Officer Hurley said Ms. Kistler's complaint said she saw the dogs twice on November 4--8:15 a.m. and 11 a.m. Ms. Kistler had indicated the dogs were in her pasture chasing her livestock both time. Officer Hurley said she asked Ms. Kistler several times if she had seen the activity and she responded, "yes." Chairman Maudlin asked if the two pictures he had been given were the pictures she took of the dogs she impounded and Officer Hurley said, "yes." Debi Kistler, complainant, 1245 Lower Bridge Road, said she trained working stock dogs for a living. She said the Doty's moved into the area last spring, and they had young dogs which had been coming over a lot. They would watch her training her dogs. She had told the Doty's several times that their dogs thought this was play and the thing to do, but they didn't seen to care. She called the Sheriff because she thought they didn't care, but she now knows that they do care. She said the Doty's were willing to work with her and tie the dogs up. Commissioner Throop asked if she was aware of the statute that the Commissioners had to work with and she said she was. He said the statute required that at the hearing it be determined if the dogs were chasing, injuring or killing livestock. If the answer was yes, the law required that the dog be put down PAGE 4 MINUTES: 11/6/91 0108 0090 in a humane fashion. If the answer was no, the dogs could live. There were no alternatives. Commissioner Throop asked legal counsel what would happen if the witness changed her story from what had been submitted on the record. Bruce White said the County was bound to respond to what was on the record. Debi Kistler said she signed the complaint because she thought the Doty's didn't care, but they just didn't understand. They just moved from the Portland and thought that with five acres they could let their dogs run. She told them their dogs couldn't run free, but they didn't really understand why they couldn't. She felt she had finally gotten it across to them that they couldn't let their dogs run. Ms. Doty had told her she had purchased the material to make a pen for them, that they wouldn't run free, and that she would find another home for them if that was what it would take. Mr. Kistler said, "No, they weren't chasing my livestock," and that the statement that she signed was not correct. She felt these dogs were young enough to be trained. Michelle Doty, owner of the two dogs, 9310 NW 12th Street, Terrebonne, said they had been going back and forth between their house in Aloha and their Terrebonne property all summer and finally moved in just before school started. They just got the dogs this last summer. The smaller one was for her daughter's birthday present last May. She said her dogs had witnessed Debi Kistler rewarding her dogs for chasing the animals and now they had learned it too. So when they were let out to go to the bathroom, they would go across the road and into the pasture and do the same things as Debi Kistler's dogs. So she felt this case was a little different from just dogs chasing sheep. There were dogs to play with at Debi Kistler's, and they were doing the same things that Debi's dogs were doing. She said they were good dogs and just puppies that needed to be trained. The smaller dog was half miniature Yorkshire and half miniature dachshund. The larger one just turned six months. She could send them back to Aloha to live with her husband, but she didn't feel they deserved to be killed. They didn't kill any animals and didn't know that what they were doing was wrong. Chairman Maudlin asked if they had a fenced yard. She said yes, but it wasn't good enough to keep in the dogs, so she had tied them up. She couldn't find a collar small enough for the little dog, but she thought the little dog would staff in the yard if the bigger dog was tied there. The day that the dogs were picked up, she found the choke chain in the yard where the smaller dog had gotten out of it. She had purchased fencing material for a 16 x 8 dog run built with heavy wire from Big R and Debi Kistler told her she would help build the dog run. PAGE 5 MINUTES: 11/6/91 0108 0091 Commissioner Schlangen asked if Ms. Doty understood that dogs could not play with livestock, because people raised livestock for a living, and they were valuable animals. Ms. Doty said she understood that, however she felt "livestock have more rights here than people probably." She said she was willing to do something to make sure that her dogs didn't chase animals again and to take them through training. Commissioner Throop emphasized again that state law required that if the dogs were chasing the livestock, they were to be put to death. Ms. Doty said the dogs really went onto Ms. Kistler' s property to play with her dogs. Chairman Maudlin expressed concern about whether Ms. Doty had fully realized the seriousness of the situation. Ms. Kistler agreed. Chairman Maudlin asked if Ms. Kistler was going to work with Ms. Doty's dogs. Ms. Kistler said she would work with Ms. Doty's dogs if Ms. Doty would work with her. Bruce White said it had always been County Counsel's position was not to encourage the possibility of withdrawing a complaint, because that could lead to a situation of neighbor intimidating neighbor. He said he was trying a code enforcement case where the neighbor had withdrawn his complaint but the County was continuing because that was County policy. THROOP: I would move that the Board finds we don't have a sufficiently valid complaint to go forward with the death of the dogs. SCHLANGEN: I second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES DESCHU E T T ro Nancy o Di Mau BOCC:alb S COUNTY BOARD OF COMMISSIONERS -- 04 .Commis inner fhlangen, Commi sioner airman PAGE 6 MINUTES: 11/6/91