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2013-1115-Minutes for Meeting July 10,2013 Recorded 8/22/2013COUNTY NANCYUBLANKENSHIP,FCOUNTY CLERKDS COMMISSIONERS' JOURNAL 08/22/2013 12:11:38 PM 20 ISO Do not remove this page from original document. Deschutes County Clerk Certificate Page A Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, JULY 10, 2013 Present were Commissioners Alan Unger, Tammy Baney and Anthony DeBone. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; and, for a portion of the meeting, Scott Johnson, Thomas Kuhn and Kate Moore, Health Services; David Givans, Internal Auditor; John Laherty and Laurie Craghead, County Counsel; Nick Lelack, Peter Gutowsky and Todd Cleveland, Community Development; Anna Johnson, Communications; Judith Ure, Administration; Susan Ross, Property & Facilities; and five other citizens, including media representative Shelby King of The Bulletin. Chair Unger opened the meeting at 1: 30 p.m. 1. Health Services. In regard to the National Public Health Accreditation status report, the application will be submitted soon. This presentation is a part of that. Chair Unger suggested that they provide an update more frequently, due to all the changes in health care. Tom Kuhn did a PowerPoint presentation at this time (a copy is attached for reference). He also spoke about the role of the Board of Commissioners as the Local. Public Health Authority, per ORS. They are to make sure the Department does what is required by law, administering and enforcing the rules put forth by the Oregon Health Authority. Scott Johnson added that a comprehensive annual community health plan is also required. Kate Moore spoke briefly about the maternal child health CCO initiative and maternal mental health improvements regionally. This is a cross jurisdictional sharing project. Minutes of Board of Commissioners' Work Session Wednesday, July 10, 2013 Page 1 of 11 2. Discussion of Upcoming Board of Commissioners/Planning Commission Joint Meeting. Introductions took place: John Blakinger, DEQ Citizen Advisory Group; and Robert Baggett and Greg Srelund of the DEQ. Mr. Lelack said they are preparing for a joint meeting on July 25 of the Planning Commission and the Board, and invited Klamath County (one Commissioner plans to attend). Mark Gallagher, Planner, will be there, but it will be hosted by Deschutes County. Everyone will be there to learn. They are in the process of developing recommendations and ideas, and are taking suggestions. The County was not a formal member of the group but is supportive if needed. This is not a meeting to consider adoptions or policy; it is informational. They need to discuss where they are in the process, what the obstacles are, and determine next steps. John Blakinger and the Department of Environmental Quality provided information and a draft document, which is complete in substance; but there will be appendices. Mr. Lelack said the meeting was scheduled several months ago when the Newberry Country Plan was being considered. There was a Planning Commission meeting held in late May. They have been doing presentations all year, and this would be a debut of the recommendations, which are still under construction. They have a PowerPoint presentation detailing all the information. They referred to a large drawing of the area, pointing out how a problem in one area can affect another. After almost three years, it has been determined that human waste is the most significant factor in the groundwater being vulnerable. There are still some other minor factors at play. All systems discharge effluent. Based on data from hydrologists, where you have small, densely populated lots, 50% of the drinking water will come from these systems. There are various scenarios. One is to do nothing, which is not a good idea. People worry about their drinking water, but the groundwater may be polluted, and they are tied together. Minutes of Board of Commissioners' Work Session Wednesday, July 10, 2013 Page 2 of 11 They have tried to cover all of the concerns. They could use a phased approach and monitor groundwater, but it is not a one-size -fits-all scenario. They can follow real estate transactions and use well testing data, but this is not always the most reliable information. Some wells are really deep, while others are shallow; and some areas have community water systems. A Goal 11 exception may be possible on the smaller lots, and 80% of the lots are less than two acres. On-site systems do not make sense for those lots. This is a community problem. They need a government entity formed - a sanitation authority - in order to finance monitoring and determine where and when something should be instituted; to finance setting up the systems; and running a local improvement district. Based on outreach, pursuit of a Goal 11 exception is a popular idea. Governance is supported by about 50%. This depends on the audience at the time. The ATT system moratorium is the hardest for the agencies to handle. It is not a solution in densely populated areas, because those still discharge into the groundwater. There are issues of maintenance and cost, and it is a short-term solution. They need a long-term plan and solutions. The best seems to be a phased approach with governance and a Goal 11 exception. This would gain some support if systems could be replaced as is, with future support of Goal 11 activities. Suggestions have also been to limit livestock. Klamath County has a limit of two horses per acre. It has to make sense. They asked that the DEQ look at some ways to monitor. There needs to be coordination of the education component regarding sensitive groundwater. Human waste is a worldwide problem. They want the best solutions possible, including green solutions. Some financing might be available for disadvantaged communities, to defer some costs. It is possible there could be legislative potential or State programs to help. The group needs to be proactive and in front of it. Minutes of Board of Commissioners' Work Session Wednesday, July 10, 2013 Page 3 of 11 Bob Baggett stated that the process is moving forward. The report will ultimately go to the DEQ Director for recommendations. Community outreach is critical, and this is a great opportunity for the Steering Committee to show what they have been doing for almost three years. Recommendations came from the DEQ but with a lot of input from the Committee. Chair Unger pointed out that the County ends up in the middle. DEQ needs to decide the process and the next steps. They have to apply DEQ rules in a local way. Mr. Baggett said that there are some recommendations in which DEQ will not have a direct role; that is through County planning, or a sanitation authority or special district. Laurie Craghead pointed out that the County can help set these up, but then has no say on how they are operated. Chair Unger added that they need to know the liability to these groups and the governance need; much is outside what is normal and customary. Greg Srelund indicated he agrees. The Director has not yet seen the recommendations, so they have a ways to go. Mr. Baggett said that this is the beginning of a trail, an outline; they need a lot of cooperation from everyone. It is a long road ahead. Ms. Craghead asked if there are impediments now for some new solutions, such as composting toilets. Mr. Baggett said they can use those already. You can have a gray water re-use program. However, they still need an on-site system since you cannot store gray water for long periods of time. Much depends on the location and what is needed. It may even cost more to re-use gray water in some cases. Ms. Craghead asked how the limit on livestock might mesh with the right to farm act. Mr. Blakinger suggested that the Klamath County rules be adopted. Commissioner Baney said that there have been issues on this problem in other parts of the County, so it makes sense to limit the numbers anyway. Minutes of Board of Commissioners' Work Session Wednesday, July 10, 2013 Page 4 of 11 Mr. Anderson asked if this would be part of the DEQ budget approval process, with legislative recommendations. Mr. Baggett said there is help for disadvantaged communities. There may need to be different rules. They asked for a February 2014 deadline. Some recommendations might start before then; perhaps a Goal 11 exception. They disbanded as a committee after voting, although they will be at the meeting on July 25. Other people are ready to finish this. Some people on the committee may want to help with the educational component, but they need someone who can get these sessions scheduled. It might be a much smaller group. All will continue with presentations as needed. Commissioner Baney stated that the Board needs to know if legislative changes might be necessary, and whether the DEQ is on board. Chair Unger suggested that they should have an agenda for the meeting, reconvene the respective bodies, use an opening statement, recognize why there is a meeting and the policy, and let DEQ talk about the process. Mr. Baggett said they have been doing outreach. Most are a two-hour presentation and then questions. They may be able to get it all in an hour or so. Commissioner Baney indicated that the public comments say `hearing'. She asked if this is what it should be. Mr. Baggett said that they not anticipating a hearing. People should not have high expectations as to where they are at this point. They are presenting to the Citizens Action Group this week. It is a debut of recommendations; they need to listen to what nine of their neighbors put together. It seems like some people will be reactive while others will want to think about it. Informational is best, but there needs to be an avenue to make comments. At other outreach events, the first stage is `what?'. Next is denial; it is not their problem. Then they figure out it impacts them and something needs to be done, but they may not like the alternatives. Then it gets to, okay, let's get it done. A form has been used that people mark when they first get involved, and then their thoughts at the end. There is a place for questions and comments on the back side of the card. Minutes of Board of Commissioners' Work Session Wednesday, July 10, 2013 Page 5of11 Mr. Baggett noted that in the beginning, members said who they are and why they got involved. This lets people know that these are their neighbors who are trying to find a solution. Chair Unger said they need to be timely in order to give the DEQ folks a chance to cement what they will do. He wants to be sure they are committed towards next steps. They need to be cognizant of the Newberry Plan as well. Mr. Gutowsky said that they can manage comments on a white board; and record and post the responses, and disseminate recommendations, but will get answers to them. They need to honor everyone's time. Commissioner DeBone stated that they need to allow some times for comments at the end. They may also need to continue the process. Mr. Anderson noted that they need to understand that this is not final and they may need to be ready to set up another meeting if needed. Commissioner Baney does not want to battle the idea that decisions might be made prematurely. Commissioner DeBone asked whose meeting it is. There will be the Board, the Steering Committee, the Planning Commission and the DEQ. Mr. Baggett said it is not the DEQ's meeting. The Director has not seen the information. People need to understand expectations. They could request that the Steering Committee present its recommendations. He does not want it to be a hearing. To the Committee, this is an outreach meeting. They need to be clear on the agenda what the goal of the meeting is. Mr. Lelack said that they should decide who does what. The purpose is informational. They can allow some public comment, but must have a broad idea of the next steps. Maybe there can be a future meeting, perhaps in October Mr. Baggett emphasized they should not call it a hearing. These are just recommendations to the DEQ. Mr. Gutowsky stated that he would not advise picking a future date. They know that the DEQ staff and Director will still need to review the information, and there is a whole lot of other work to do in the meantime. The next step might be another meeting, but at this point, no one knows when that might happen. They can all be notified thirty days prior. At that time, they can share the DEQ response to the recommendations. Minutes of Board of Commissioners' Work Session Wednesday, July 10, 2013 Page 6 of 11 Commissioner DeBone noted that they could start with the big picture, the timeline, how it all started with platting and recreational sites, with groundwater issues in some areas. The Steering Committee did the lion's share of the work on this. People need to know the history and how it all fits together. Mr. Blakinger said if they talk too much about the groundwater content, it gets touchy. He would rather talk about the process and how that fits into what is going on, without much detail. Having the Committee members talk about how and why they got involved defuses a lot of issues. Commissioner DeBone would like to set the table as to who is in the room and why, and hand it off. Mr. Kropp suggested that they ask for questions, and that there will be opportunities for public comment later. Mr. Blakinger stated that people who have not been involved previously will need time to absorb the information. He would like to keep comments down to a minimum so as not to confuse others. Mr. Gutowsky asked what the next step would be. Chair Unger said that the DEQ Director will need to answer that. Mr. Anderson stated that they need to keep in mind that this is an advisory committee to the DEQ. They want to go over their recommendations with the County, the public and others. The County does not set up the next meeting. At some point, the DEQ may ask the County to help implement a plan or process. 3. Consideration of a Request for the Board of Commissioners to Reexamine a Dog Board Decision. John Laherty went over a recent Dog Control Board of Supervisors case. The Board of Commissioners has discretion as to whether to reexamine a decision of the Dog Board. The dog owner has the right to petition and get a judicial review. In this case, the Daniels' dog was subject to a hearing, and it was decided the dog had to be relocated or released for adoption elsewhere. The Daniels requested the County reexamine this. At issue is whether the Board wants to grant this hearing, or decline to do so. If it is granted, there are no specifics as to what the reexamination consists of, per Statute. Minutes of Board of Commissioners' Work Session Wednesday, July 10, 2013 Page 7 of 11 The Board would listen to the hearing and get information. The Board could also allow parties to present arguments and evidence. The standard of proof is substantial and reliable, which is a fairly low requirement. It was a two-hour hearing with six witnesses, and lots of evidence presented before the decision was made. There is a low burden of proof, so they can still seek judicial review. Staff recommends denial. Commissioner DeBone stated that there is a hand-written letter saying they doubt the dog did it. Mr. Laherty noted that she saw four dogs roaming, but did not specifically identify this dog as one of them. Otherwise, it is clear that this dog was involved. Commissioner Baney asked if they paid the $500, if this would go away. Mr. Laherty said that this is a civil penalty only. It does not affect the disposition. They found someone to take the dog. The fine can be suspended if certain things are done. Deputy Wood took photos of the chicken coop but did not have them with him. The Dog Board was deprived of this. The Deputy said he could draw a diagram but no one requested this. Based on testimony of the Deputy, the Dog Board found that the livestock owner made a reasonable effort to protect his chickens from predators. There was sufficient evidence that the coop was reasonable protection. Mr. Daniels was not present at the hearing. His wife had a brain injury but seemed quite able to communicate. He was told he could call in, or his wife could call him if she had questions. Ms. Daniels said this was not necessary. Ms. Daniels claimed that the dog is a therapy dog to her, and presented exhibits and included a letter from her psychiatrist. This was, however, written the day after the dog was impounded. The dog had no special training for this. Commissioner DeBone said that the dog versus chicken situation is ridiculous. Mr. Laherty indicated that they may be able to do more to change this. The Ordinance was amended in the past to make sure chicken owners make reasonable efforts to protect their chickens. The civil remedy is for the dog owner to apply to Deschutes County Circuit Court for writ of review. A transcript goes to the judge for review, and a hearing is set in court. There is probably a filing fee. It can't go to Justice Court. Minutes of Board of Commissioners' Work Session Wednesday, July 10, 2013 Page 8of11 Commissioner DeBone indicated that he is not interested in hearing this. Commissioner Baney agreed, and asked for a sensitive letter to be sent saying that the best remedy is in Circuit Court. DEBONE: Move that review be denied. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Yes. UNGER: Chair votes yes. 4. Discussion of EDCO Appointments. Chair Unger said that the County has three members on EDCO. Mr. Kropp stated that the audit recommendation was that a County person be appointed. Discussion took place as to the potential membership. Alan Holtzman of Sisters is a possibility, as he has legal expertise. Roger Lee said he knows him through other things. They need someone also who is more integrated and involved with the County. Commissioner DeBone attends, but it would be valuable to have staff perspective. He suggested that Tom Anderson fill this role. Mr. Kropp said that the audit had to do with grant programs, including those to EDCO. He recommended appointments be made similar to that done with other Board appointments. Mr. Lee said that Commissioner DeBone would stay on. Mr. Anderson would be appointed by the Board. He could rotate on the executive committee and Commissioner DeBone would rotate off. One needs to be on the executive committee at a given time. BANEY: Move that they appoint Steve Holtberg for a two-year term. The others are a County Commissioner and County Administrator. DEBONE: Second. VOTE: DEBONE: Yes. BANEY: Yes. UNGER: Chair votes yes. Minutes of Board of Commissioners' Work Session Wednesday, July 10, 2013 Page 9 of 11 5. Other Items. The Board discussed the State of the County presentation being given to southern Deschutes County, on Friday, August 16 at Thousand Trails, to include the Sunriver and La Pine Chambers of Commerce. It will run about 8 to 9 a.m.. Mr. Anderson asked if the Board wanted to discuss the transient lodging tax increase presented by the City of Bend. Commissioner Baney said she meets with COVA soon to talk about this. Anna Johnson said the County Fair is coming up, with the employee recognition event on Saturday, August 3. Commissioner DeBone said the last one was not well attended and was a bit of a clique. He'd like to see the people move around more. Commissioner Baney said that maybe they should do a free `we appreciate you' event and not have people pay for half of it. She feels it is awkward and a negative. They don't have as many people attending as they anticipate. $8 per person can add up, if they bring family or friends. Mr. Kropp stated that the number of people who come will probably always be about the same. There are always conflicts regarding the date, the type of food, vacations and other things. Mr. Anderson added that he has heard from some that work is work, and private is private. Commissioner Baney said that the school superintendents go to each school and cook breakfast for the departments. Mr. Anderson indicated the Board can talk about this at the Board retreat in February. He also wanted to know if the Board wants to have monthly meetings with departments to talk about goals. They could have these in the departments. The group then spoke about the presentation process at the recognition event. They could recognize specific departments and some high notes; or raffle off a few things. It was decided to keep statements brief, and have some raffle prizes early in the event. Minutes of Board of Commissioners' Work Session Wednesday, July 10, 2013 Page 10 of 11 Beim no further items addressed, the work session ended at 4:45, DATED this ~--e) Day of 2013 for the Deschutes County Board of Commissio s. dLtL'4t' Alan Unger, Chair Tammy Baney, Vice C it ATTEST: Anthony DeBone, Commissioner Recording Secretary Minutes of Board of Commissioners' Work Session Wednesday, July 10, 2013 Page I 1 of 1 I Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., WEDNESDAY, JULY 10, 2013 1. Health Services • Update - Scott Johnson & Kate Moore National Public Health Accreditation Status Report - Tom Kuhn Commissioners' Role - Local Public Health Authority - Tom Kuhn 2. Prepare for DEQ/Planning Commission Joint Meeting - Nick Lelack • Committee Recommendations 3. Consideration of a Request for the Board of Commissioners to Reexamine a Dog Board Decision - John Laherty 4. Redmond Land Discussion - Susan Ross 5. Discussion of EDCO Appointments (two) 6. Other Items PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (b), litigation; ORS 192.660(2)(d), labor negotiations; or OAS 192.660(2) (b), personnel issues. Meeting dates., times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners' meeting rooms at 1300 NW Wald St., Bend, unless otherwise indicated. lfyou have questions regarding a meeting, please call 388-6572- Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. Being no further items addressed, the work session ended at 4:45. DATED this Day of 2013 for the Deschutes County Board of Commissioner . Alan Unger, Chair Tammy Baney, Vice Cha~r ATTEST: zl Anthony DeBone, Commissioner Recording Secretary Minutes of Board of Commissioners' Work Session Wednesday, July 10, 2013 Page 11 of 11 co 4) CL Z) 4-+ - C~ Z u Z O~ V a J a. c s ~ © m O "C M s u CL a Y v O F - 0 ul 0 ofim E E' c ow" 40 E to m o o Q V C~ r~4 • r ~A 4oJ ~M U r rrww~. • ~w ~~rr.~► r ~rrww O E a a ~ 4-J cn m u t"Q O U - 4-J s~ a .a a a * rrw~w* u LM o O. 0 Ri CL +rrrr~ u 0 .L. O r~ pV' .r cr CL) , , ` m rr VI NNW 4mol • rrrr *MOM ~ • 0 w~ 4FJ ~ . m W ~ A i. V A' ="mom" ra a Room -mw O CL U 13 O c C M M c o tki) t U r~ a 0 w~ Fm- `a qv i . 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Q PON* r, d C~ Alm" i~ ~4 cl~ Aq~ *NO 0 L c J C6 0L V O i 4-J cu V • 4-J ago V / jc Q) V O ~ V ~ C6 i (L) O V) a~ CL O O 1iI a--j O E O C: 4-1 C: ca w Ln OJ ~ • 00 0 N J^ L f6 v Y `v Q a v v 0 V 0 4-J ^O W 4-J f~ 0 V 4-J co U CL C6 cr- M U 0 L- 0 U N L 0 c O Ul) G O Iml a--J 0 Ln N O Lf) n i N N m i Ln L a, bD co 4-1 ra c E O U S Y O O n i N N m Lr) aA ns c cC~ C S d--P cc a~ 2 V C6 L a.~ a) L- 0 O 2 as m Y N N Ct n N N M r-I LLrl L- 0 U a1 L 0 +r+ c~ a1 U a V .SC O V C O L m i a~ OA L m J aJ 2 Ln Lr) i n tt Lr) L- 0 U a t ai U CL V° c O L. d.1 co S U co 2 O Ln d' d' Ln n e-I Ln Community Development Department Planning Division Building Safety Division Environmental Soils Division 117 NW Lafayette Avenue Bend Oregon 97701-1925 (541)388-6575 FAX(541)385-1764 http://www.co.deschutes.or.us/cdd/ IM1211!,101 R-A 011 Dili J, DATE: July 3, 2013 TO: Board of County Commissioners FROM: Nick Lelack, AICP, Director MEETING: July 10, 2013 RE: Summary Prepare for Oregon Department of Environmental Quality Steering Committee's Groundwater Protection Recommendations / July 25 The purpose of this work session agenda item is to prepare for a joint Board of County Commission (BOCC) / Planning Commission meeting with the Oregon Department of Environmental Quality (DEQ) regarding the Southern Deschutes / Northern Klamath County Groundwater Protection Steering Committee's final recommendations. The Klamath County Board and Planning Commission have also been invited to participate in the meeting. The meeting will take place on July 25 at 6:00 p.m. at the La Pine High School Auditorium, 51633 Coach Road. Background The purpose of this joint meeting is to implement Policy 9.2 of Newberry Country: A Plan for Southern Deschutes County.' Policy 9.2: Conduct a joint Board of County Commissioner/ Planning Commission hearing in Newberry Country to: a. Discuss the South County/Northern Klamath County Steering Committee recommendations; and b. Allow for public comments. Last month, the Steering Committee approved its final recommendations. County staff does not yet have the final document, but is requesting that it be provided as soon as possible. For additional background information, please visit the following websites: http://www.deq.state.or.us/wq/onsite/sdesch-nklam.htm#add httD://www.southdeschutesnorthklamatharoundwater.com/ 1 The BOCC adopted the Plan in late May. It is currently under appeal to the Land Use Board of Appeals (LUBA). Quality Services Performed with Pride Draft Agenda 1. Deschutes and Klamath County BOCCs and Planning Commissions open the meeting. 2. Deschutes County Community Development Department recognizes Newberry Country: A Plan for Southern Deschutes County, Policy 9.2. 3. DEQ discusses the Groundwater Protection Steering Committee, its background and purpose. 4. Steering Committee presents a summary of its final recommendations and process. 5. DEQ discusses next steps. 6. Public comments. -2- gt51ff MPI-no FROM: John. I,aherty, CoLInty Counsel DATE: July 8, 2013 RF,: Dog Board Decision FOR: Board of Commissioners' Work Session of July 10, 2013 Dog owners Gilbert and Victoria Daniels requested the Board of County Commissioners reexamine the Dog Board's June 27, 2013 written determination that the Daniels' dog wounded and killed livestock, and the Dog Board ordered that the dog be relocated to a place where there is no livestock, or placed for adoption. The Dog Board's written decision and the Dog Owner's request for reexamination are provided herewith. An attorney-client privileged memo regarding this natter has been provided by County legal counsel to each BOCC member. That memo is confidential and will not be disclosed. oard of Supervisors i P. 0, BOX 6005 -BEND, OREGON 97708-6005 1300 NW WALL STREET, SUITE 200 - BEND, OREGON 97701 Norma Brenton Patricia Moore Judith Parker Thomas Schuchardt Date of Mailing: June 2013 (filbert and Victoria Daniels Robert and Jerry Meade 65611 Highway 20 65380 Tweed Road Bend, OR 97701 Bend, OR 97701 ).fie: Order of Board of Supervisors Dog/Livestock Offense Hearing Complainant(s): Robert and Jerry Meade 1)og Owner(s): Gilbert and Victoria Daniels Date of In.cident(s): 6/12/11 Case No. 2013-00117001 Dear- Mr. & Mrs. Daniels and Mr. & Mrs. Meade: This letter is the final decision and order of the Deschutes C;nunty Board of Supervisors ("Board") in regards to the above described matter. This platter came before the Deschutes Cot.int.y Board 01'Supervisors tier a licaring can June 19, 2013 The Board received testimony from Victoria Daniels. Robert Meade.. Jerry Meade. Amber Craig, Andrew Terry, and Law 1 "nforcernent 1' leld technician Jefli-ey Woods. The Board .reviewed the report of 1_,aw Enforcement F field Technician Jeffrey Woods. After considering the testimony and documentary evidence presented at the hearing;, the Board finds as follows: Orr June 12, 2013, Complainant(s) initiated a complaint against Owner alleging that Owner's dog killed and wounded livestock belonging to Complainant(s), 2. On June 12, 201.3, Fielcl 'T'echnician Woods presented Owner with the County form: "Dog Owners' Rights When Dog(s) 1?ngage in Chasing, Injuring and Killing Livestock." 3. A hearing was timely requested by Owner before the Board pursuant to ORS 609.159 and Deschutes County Code ("DCC:") 6. .2.060. 4. Owner's plaiting address is 65611 highway 20, Bend, OR 97701. Fahancing the Lives of Citizens by 1 Jeliverin,~ Quality Services in a Cost-Effective Manner Gilbert Daniels and Mr. & Mrs. Robert Meade Re: Dog/Livestock Offense Hearing Page 2, of 2 Complainant(s) resides at 65380 Tweed Road, Bend, OR 97701. 6. Owner owns the following dog(s): No. Breed M/F _ . 1 Arc Name 1. Griffon Wirehaired F 7 months Birdie Pointer ' _ _--1 On Junc 12, 2 013, Owner's doh; Birdie was involved in an incident in which she killed and wounded chickens belonging to C'Omplainant(s). Oil June 1.2, 2013, Owner's dog was impounded by Field Technician Woods. 9. At the time Owner's dog Birdie killed and wounded chickens belonging to Complainant(s), the dog was off the premises of its owner(s) or keeper(s). Based on the foregoing findings, the Board makes the following determirratiODS of this matter: A civil penalty of Dive Ilundred Dollars ($500.00) is imposed, which shall be suspended if Owner complies with the following: O vncr has one week to relocate Birdie to a location that the Deschutes County Sllerifl's Office deems suit rblc and where the dog will not pose a threat to livestock. If Owner does not do so within one week, Owner shall surrender Birdie to the Humane Society fir adoption. b. Owner slha..ll pay all costs owed to the Humane Society for impounding and housing Birdie, and the cost of implanting Birdie with microchip identification. Pursuant to a.nd is accordance with the provisions of ORS 609.1.58(5) and ORS 609.165, either party may appeal the Board's decision to the Deschutes County Board of'County Commissioners and/or Deschutes C;()nnty CiUCUrt Court ,vithln the time periods provided by statute. 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