2021-297-Order No. 2021-020 Recorded 7/12/2021REVIEWED
LEGXL COUNSEL
Recorded in Deschutes County CJ2021-297
Nancy Blankenship, County Clerk
Commissioners'Journal 07/12/2021 9:40:01 AM
Fsco"l� 111111111 In 1111111111111
2021-297
..............
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Approving the Disinterment and
Reburial of Graves of Unknown People in the * ORDER NO.2021-020
Greenwood Cemetery
WHEREAS, ORS 97.220(2) requires the Board of County Commissioners ("BOCC") approve the
disinterment of bodies if consent cannot be obtained from people who authorized the original internment of the
bodies; and
WHEREAS, the Oregon Care Group, LLC ("Owner"), owner of the Greenwood Cemetery at 1220 NE
Franklin Avenue, Bend, Oregon ("Cemetery") requested the BOCC approve the disinterment from their current
location of graves of a group of unknown people who were buried over many years prior to 1970 in the
Cemetery; and
WHEREAS, the graves of these unknown people have been continually desecrated over many years and
should be moved to prevent further desecration; and
WHEREAS, the Owner will rebury the remains of the unknown people in another area of the Cemetery
that is currently platted for graves where the graves will be more protected from desecration; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, hereby
ORDERS as follows:
Section 1. That the Owner may disinter and rebury the graves of the unknown people as shown on
Exhibit A, attached and incorporated by reference herein.
PAGE l OF 3 — ORDER NO.2021-020
Section 2. This Order is effective upon signing.
Dated this 7 of July, 2021
ATTEST:
Recording Secretary
PAGE 2 OF 3 — ORDER NO.2021-020
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DeBONE, Chair
PHIL CHANG, Vice Cha'
PA'TTI ADAI , ommissioner
PAGE 3 OF 3 - ORDER NO. 2021-020
ISWONGER-REYNOLDs FUNERAL HOME
MAUSOLEUM • CEMETERY • COLUMBARIUM ® CREMATORY
May 28, 2021
Board of County Commissioners
Deschutes County
1300 NW Wall Ste, 2nd Fir
Bend, OR 97703
RE: Greenwood Cemetery disinterment and reburial of unknown graves of pre-1970's
graves
I am President of the Oregon Care Group LLC, the owner of the Greenwood Cemetery
("Owner") located at 1220 NE Franklin Ave, Bend, OR 97701. 1 am writing to
respectfully request that the Board of County Commissioners ("BOCC") add to its next
available consent agenda the attached proposed order.
This order will allow the Oregon Care Group LLC to move several graves of unknown,
indigent people buried in the cemetery in unmarked graves over various decades prior
to 1970. Because the owner has no record of who was buried there, the Owner is not
able to obtain consent for the moving of the graves per ORS 97.220(1). Therefore, the
owner seeks the approval by the BOCC as provided in ORS 97.220(2).
The graves are in a location where inconsiderate people drive over the graves, leave
trash, including hypodermic needles, and otherwise desecrate the graves. Thus, the
Owner wishes to move the graves from an area along Highway 20 to a more respectful
location in an already platted area of the cemetery further away from Highway 20 where
they will less likely be desecrated. See attached map showing the general current and
future locations of these graves. The Owner will hire a company to provide ground
penetrating radar services to determine the exact location of the graves.
The Owner intends to place some form of a marker in the new area identifying the area
as graves of unknown people. The Owner had not yet completed a plan for the exact
marker.
The Owner sent the 60-day notice described in ORS 92.220(2) to the Deschutes County
public health department since that public agency may have had authority to intern the
human remains, and, therefore, may have records of who is buried in this location. See
the attached notice. The 60 days will have past at least by the time the BOCC
addresses this request in its next available public meeting.
Therefore, because the Owner followed the statutes to the extent possible, the Owner
requests that the attached order be placed on the BOCC consent agenda and approved
at the next possible BOCC public meeting.
BEND
105 NW IRVING AVENUE a BEND, OREGON 97703 - 541-382-2471 ® 541 -318-6944 FAX
GREENWOOD CEMETERY
12114 STREET & HAWTHORNE. BEND OREGON OFFICE: 105 NVV IRVING AVENUE:, BEND, OREGON 97703 ® 541-382 2471
NISWONGER-REYNOLDS.COM
INISWONGER-REYNOLDs FUNERAL HoME
MAUSOLEUM ® CEMETERY ® COLUMBARIUM a CREMATORY
Please let me know if you need any further information from me. Also, if needed, I can
provide a Word version of the Order for your staffs convenience.
I hereby declare that the above statements are true to the best of my knowledge
and belief, and that I understand it is made for use as evidence in court and is
subject to penalty for perjury.
Dated: Ml+-Y 7-9,, Zo"-'
�
7
ev
President, Oregon Care Group LLC
BEND
105 NW IRVING AVENLJF - BEND. ORFGON 97703 - 54 1-382-247 1 & 541-318-6944 I-AX
GREENWOOD CEMETERY
12TH STREET & HAW111ORNE, BEND OREGON OFFICE: 105 NW IRVING AVENUE, BEND, OREGON 97703 - 541 382 -2471
NISWONGER-REYNOLDS.COM
�vTES CO
Q GABOARD F
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: July 7, 2021
SUBJECT: Consideration of Board Signature of Order No. 2021-020, Approving the
Disinterment and Reburial of Graves in the Greenwood Cemetery
RECOMMENDED MOTION: Move adoption of Order No. 2021-020
BACKGROUND AND POLICY IMPLICATIONS:
The Greenwood Cemetery (located just west of the Bend Police Department Building and
across the street from Pilot Butte) has need to move several graves of unknown indigent
people buried in unmarked graves over various decades prior to 1970. The current grave
sites are subject to continuing desecration, including vehicle trespass, loitering and
discarded trash. The Greenwood Cemetery has complied with all ORS requirements. A
signed Declaration is attached and attests to the fact that since there are no records or
identification documents that the Cemetery is unable to obtain consent. In such instances,
ORS 97.220 provides that the BOCC may issue an Order authorizing disinterment and
reburial.
BUDGET IMPACTS: None
ATTENDANCE: County Counsel Dave Doyle
G��'E °a
°' 2A
{ 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
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of July 7, 2021
DATE: May 28, 2021
FROM: Dave Doyle Legal 388-6625
TITLE OF AGENDA ITEM:
Consideration of Board signature on Order No. 2021-020, Approving the Disinterment and Reburial of
Graves in the Greenwood Cemetery.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
The Greenwood Cemetery (located just west of the Bend PD Building and across the street from Pilot
Butte) has need to move several graves of unknown indigent people buried in unmarked graves over
various decades prior to 1970. The current grave sites are subject to continuing desecration, including
vehicle trespass, loitering and discarded trash. The Greenwood Cemetery has complied with all ORS
requirements. A signed Declaration is attached and attests to the fact that since there are no records or
identification documents that the Cemetery is unable to obtain consent. In such instances, ORS 97.220
provides that the BOCC may issued an Order authorizing disintennent and reburial.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Move Board approval and signature on Order No. 2021-020, approving the Disinterment and Reburial
of Graves in the Greenwood Cemetery.
ATTENDANCE: Legal
DISTRIBUTION OF DOCUMENTS:
Legal