2017-181-Minutes for Meeting March 16,1987 Recorded 4/19/2017Recorded in Deschutes County CJ2017-181
Nancy Blankenship, County Clerk
Commissioners'Journal 04/19/2017 1:56:06 PM
Deschutes County Board of Commissioners
Bend, Oregon
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Audio Cassette Recording Titled: WORK SESSION
March 16, 1987; 9:00-10:00 AM.
A meeting of the Board of County Commissioners was held on March 16, 1987.
Commissioners present were Lois Prante and Dick Maudlin. Commissioner Tom
Throop was out of the office. Also present were Rick Isham, County Counsel;
County Administrator Mike Maier; and other staff.
For the next Board business meeting agenda:
Order transferring property to Central Oregon Park & Recreation.
Appoint Tom Throop to the Private Industry Council, replacing Lois Prante.
Accept a quitclaim deed from the Diamond Group.
Masten Road extension deed of trust.
Order 87-027, exchange real property with Dixon and McClellan.
Discussion of the Veterans' Services office.
Transcription of Audio Recording of a Work Session, March 16, 1987 Page 1 of 4
Vacation of Red Oak (?) Road, with a lot line adjustment.
Order setting an election for the Recreation Homesites District.
License for rerouting O.B. Riley Road at Highway 97, for landscaping the island
that will result.
Order for annual surplus real property auction, for about 80 properties total.
About 200 people have expressed an interest in this.
Liquor license signatures.
Marc Mills, Sheriff's Office; Dick Lill (?), Redmond Police Department; Lt. Glenn
from Bend PD; Detective Kevin Sawyer from Bend PD were present for a
discussion about a forfeiture ordinance for the County. This would allow the
County to forfeit property confiscated primarily in drug cases. This was presented
about a year ago, but the Board was not enthusiastic about this at the time.
About two weeks ago, officers and the D.A.'s office talked with County Counsel
about raising the issue again. There is a lot of property and funds to be had this
way, and a local forfeiture ordinances that was rigorously enforced would have a
real strong effect on some of the drug dealers.
A lengthy discussion then took place.
Mr. Isham said that about a year ago, the Attorney General was giving statements
to the press about concerns regarding local ordinances for this. A number of
cases were being tested then as well.
The attitude at the State level has changed after an opinion was obtained that
said the forfeited funds at the State level would go into the common school fund.
Previously it had gone to the Department of Justice. Some counties are now
actively enforcing local ordinances, and have been fairly successful in this effort.
Their ordinances are being upheld.
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A couple of southern coastal counties tried putting this to a vote of the people
and it did not pass. It did pass in another county.
Law enforcement officers then gave a couple of examples of how this might work.
Conviction can be a prerequisite of forfeiture, but it is not required. It is a lesser
standard of proof than the criminal case. The forfeiture proceedings can start
much more quickly than the criminal case moves forward.
Last year, 23 vehicles were seized but only took possession of four. Eight of those
vehicles are still in impound. This was under State statute. They went into detail
on the indictments made by the D.A. that complicates the issue. Sometimes the
vehicle doesn't belong to the person who was arrested. Notice has to be given to
the owner in case the owner doesn't know about the illegal activity.
Sometimes it is obvious that the owner of the vehicle won't come forward
because they would be tied to the illegal activity. Then the agency is stuck with
storing the vehicle indefinitely.
The title comes to the County and where the funds go depends on the ordinance.
Some of it can go to law enforcement agencies to offset their expenses. There
are sample ordinances available of what other counties have done.
The Commissioners felt this should be supported and for Counsel to move
forward. It would be best if the ordinances for each local agencies can be
consistent.
A discussion occurred regarding a second hand dealers' ordinance, which
originated with the City of Bend but the County adopted the ordinance. It was a
difficult issue at the time. The cities of Bend and Redmond need to develop a
matching ordinance.
Counsel will work with the law enforcement agencies and the two cities to
develop appropriate ordinances.
Transcription of Audio Recording of a Work Session, March 16, 1987 Page 3 of 4
1 certify that the above is a true and accurate record of a meeting, as reproduced from a
cassette tape identified as Minutes of a Business Meeting of the Deschutes County Board of
Commissioners, held on March 16, 1987. This record was completed subsequent to the
presiding Deschutes County Board of Commissioners' tenure.
Bonnie Baker
For the Board of County Commissioners
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