WASCO COUNTY COURT REGULAR SESSION SEPTEMBER 8, 2004

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1 PRESENT: Scott McKay, County Commissioner Sherry Holliday, County Commissioner Kathy McBride, Administrative Assistant ABSENT: Dan Ericksen, County Judge At 9 a.m. the meeting was called to order by Commissioner McKay. Charlotte DeMoss was present because she received information from Citizens for Humane Animal Legislation in regards to a recent dog case in Wasco County. Mrs. DeMoss wanted to be sure that all the basics are covered and that due process is followed. She asked if it was possible to relocate the dog somewhere else. Some discussion occurred amongst members of the County Court and Mrs. DeMoss regarding requirements under the Oregon Revised Statutes in regards to dog bites and livestock cases. The Court informed Mrs. DeMoss that the County Court will consider Robert Babcock s Motion for Reconsideration at 10:15 a.m. Mrs. DeMoss and the Court discussed scenic area issues and revisions to the Columbia River Gorge National Scenic Area Management Plan. Bruce Lumper, Department of Environmental Quality (DEQ) Representative, and Mary Kramer, Wasco Education Service District (ESD) Representative, were present to discuss with the Court a grant from DEQ to the ESD for the STRUT Program. Mr. Lumper stated that ESD is applying for a DEQ Grant. The grant round ends this coming Friday. Mr. Lumper stated that ESD has taken over the STRUT Program. ESD is using Petersburg school as a warehouse in cooperation with the Dufur School District. ESD is applying for capacity building grant funding to support the program. They are applying for $27,000 in grant funding. ESD will receive a $25,000 grant from INTEL. Mr. Lumper noted that last Friday they learned that ESD does not qualify to receive the grant funding directly. So the ESD is in need of the County sponsoring the grant for their agency.

2 PAGE 2 Discussion occurred. It was noted that ESD would perform all the required reporting. The County would receive and disburse the grant funding. A supplemental budget may be required depending upon when the funding would be received and disbursed.. During the discussion Mary Kramer presented to the Court a description of the proposed project. She noted that they currently have 50 schools participating as STRUT Members. Since January of this year the STRUT Program has refurbished 1,000 computers that have gone back into the schools. {{{Commissioner Holliday moved to authorize that Wasco County, Oregon, be the grant recipient for the Department of Environmental Quality Grant for the Wasco Education Service District s STRUT Program. Commissioner McKay seconded the motion; it was then passed unanimously.}}} At 9:28 a.m. Robb Van Cleave, Employee & Administrative Services Director, informed the Court of the serious termite infestation at the Annex A Building. The cost for handling this infestation is estimated at a minimum of $4,000. A structural engineer will need to be hired to assess the damage to the building. Mr. Van Cleave stated that the shell of the building is concrete while the rest of the building is wood. A year-end transfer will be required to cover this unexpected cost. Discussion occurred. Mr. Van Cleave noted that the other option of addressing this unexpected cost is to put off the improvements at the Annexes for the Mid-Columbia Center for Living Department. Mr. Van Cleave stated that he ed Sharon Guidera, Executive Director of the Mid-Columbia Center for Living, regarding the Court s willingness to do the asbestos removal at the Annexes. Mr. Van Cleave has not received a response back from Mrs. Guidera. Commissioner McKay stated that he is interested in holding off on making the improvements to the Mid-Columbia Center for Living office space until we see what it will cost to address the termite problem at the Annex A Building. Mr. Van Cleave stated that it would be good for the County to renegotiate the lease with the Mid-Columbia Center for Living to address these issues. ***It was the consensus of the County Court to hold off on making improvements at the Mid-Columbia Center for Living office as previously discussed until the Court has determined the extent of the termite damage to Annex A***.

3 PAGE 3 Mr. Van Cleave stated that his Department appreciates the donation by the Sheriff s Department of the work crew trailer, which was transferred from the Sheriff s Department to the Facilities Department. This was an item that was going to be requested to be purchased during Fiscal Year Mr. Van Cleave stated that the Mid-Columbia Council of Governments will store, long term, four buses at the County s 10 th Street Property. The Court considered the Regular Session Consent Calendar of September 8, {{{Commissioner Holliday moved to approve the Regular Session Consent Calendar of September 8, 2004 as presented. Commissioner McKay seconded the motion; it was then passed unanimously.}}} [[[A copy of the Regular Session Consent Calendar of September 8, 2004 is hereto attached and made a part of this record.]]] Rick Eiesland, Sheriff, stated that the Court will be asked to approve a contract with the Forest Service for the repeater site at Flag Point. Sheriff Eiesland noted that the Mid-Columbia Fire and Rescue will serve as the lead in developing the proposed contract with the Forest Service, since no contract currently exists. Miscellaneous discussion occurred. The following items listed on the September 8, 2004 Discussion List were discussed at this time. Item #2 It was noted that Judge Ericksen is seeking support from the County Court for the Columbia Gorge Community College Bond Measure. Commissioner McKay requested that staff draft a Resolution supporting the Bond Measure, which the Court will consider at their September 15, 2004 Regular Session Meeting. Some discussion occurred regarding the College s bond measure. Mr. Van Cleave informed the Court that the Port of The Dalles Bond will be paid off which costs $.50 per $1,000 of assessed value. The College s bond is estimated at the cost of $.53 per $1,000 of assessed value. The College Bond includes the Counties of Wasco and Hood River. The Court and Mr. Van Cleave discussed the advantages to the County if the Columbia Gorge Community College s Bond Measure is approved in November, 2004 by the voters of the Counties of Wasco and Hood River.

4 PAGE 4 Kathy McBride, Administrative Assistant, discussed with the Court the County offering for sale a smaller version of the Sesquicentennial Flag. Staff was directed to contact Fred Davis to obtain a price for a smaller Sesquicentennial Flag. This information will be brought back to the Court at a later date for their consideration. ***It was the consensus of the County Court to authorize the distribution of Sesquicentennial MerlinGold Medallions to present and former Elected Officials of Wasco County, Oregon during the Sesquicentennial Commemoration Open House scheduled to be held on October 5, 2004***. The Court recessed at 10 a.m. The Court reconvened at 10:05 a.m. The Court considered the two Title III Projects entitled as follows: Forest Zone Update; Fire Safety Standard Ordinance Update and the Search & Rescue Equipment Replacement and Expansion. [[[Copies of the Title III Project Applications entitled Forest Zone Update; Fire Safety Standard Ordinance Update and the Search & Rescue Equipment Replacement and Expansion are hereto attached and made a part of this record.]]] Kathy McBride, Administrative Assistant, informed the Court that Todd Cornett, Planning & Development Director, could not be here today. Mr. Cornett has chosen not to amend his Title III Application at this time. The scope of his application may change when the County considers how to address the development of a Community Wildfire Protection Plan. Commissioner McKay informed members of the public in attendance about the availability of Title III Funding from the Federal Government. Tycho Granville, GIS Coordinator, informed the Court of his amended Search and Rescue Equipment Replacement and Expansion Project. Discussion occurred in regards to the amended Search and Rescue Application for Title III Funding. Commissioner McKay stated during the discussion that he believes the revised application meets the Red Face Test under P.L

5 PAGE 5 Mrs. McBride informed the Court that the application from the Wasco County Planning & Development Department may extend into Fiscal Year {{{Commissioner Holliday moved to approve funding the following Title III Projects in the amounts specified during Fiscal Year : Forest Zone Update; Fire Safety Standard Ordinance Update - $23,678 Search & Rescue Equipment Replacement and Expansion - $25,500 Commissioner McKay seconded the motion; it was then passed unanimously.}}} At 10:18 a.m. miscellaneous discussion occurred. Items discussed from the September 8, 2004 Discussion List are as follows: Item #4 Motion to Dismiss and Release Dog in the matter of the Disposition of the Pitbull Dog owned by Karissa Ball; Said motion to Dismiss was submitted to the County Court by Robert Babcock by fax on August 27, [[[A copy of the Motion to Dismiss and Release Dog in the matter of the Disposition of the Pitbull Dog owned by Karissa Ball is hereto attached and made a part of this record.]]] Present: Leslie Wolf, Deputy District Attorney; Brad Heinige, Animal Control Officer, Rick Eiesland, Sheriff, and Charlotte DeMoss. Commissioner McKay stated that the Court is being asked by Robert Babcock and Karissa Ball to consider relocating Denali the Pitbull dog. Discussion occurred. Leslie Wolf, Deputy District Attorney, stated that if the Court decides to hold a hearing to discuss relocating the dog, Mr. Babcock will need to be present as well to present arguments. Mrs. Wolf objects to the Court reconsidering the disposition of Denali the Pitbull dog. Kathy McBride, Administrative Assistant, expressed her concerns with discussing this matter further when the hearing has been closed. If the Court wants to reconsider their decision the matter should be advertised and on the record.

6 PAGE 6 Sheriff Rick Eiesland expressed his concern with the Court making a judgment after listening to all the testimony during the public hearing and now someone out of the area wants the County to consider relocating the animal after the Court has rendered a decision on the disposition of the animal. Charlotte DeMoss asked if the dog was allowed to go to Indiana, where would the dog be placed? Mrs. Wolf stated that the Court should hold a hearing next week if the Court wants to reconsider the disposition of Denali the dog. Parties could be contacted by phone to let them know of the possible reconsideration. Officer Brad Heinige stated that he is adamant about his stance that the dog is a danger to the public. He feels it is unfortunate that the dog is being penalized because of the irresponsible action of the dog owner. Officer Heinige stated that he checked the website for Casa Del Toro (Pitbull Rescue). There are two websites. There are bios on dogs that came to the sanctuary and were later placed to homes. This is a place where they retrain and relocate the dogs. Commissioner Holliday stated that this is different than the sanctuary place that Mr. Babcock spoke about. Mrs. Wolf stated that there are no guarantees that the dog would not come back to this area or that the County would not be held liable if the dog bit again. Officer Heinige stated that if a decision is made to explore relocating the dog out of the area, then he would like the opportunity to contact individuals and agencies regarding this organization. Officer Heinige stated that he is not in favor of the reconsideration. He is fearful that we will have another incident involving the other dog. Mrs. Wolf expressed her concern with the Court setting a precedent with other dog cases. Further discussion occurred regarding the Motion to Reconsider and the Writ of Review process, which is filed with the Wasco County Circuit Court. Commissioner McKay inquired as to whether the County could set certain requirements if the dog was allowed to be relocated to another area. Mrs. Wolf stated that the Court could make certain requirements, such as paying all fees up front before releasing the dog. However requirements to the adopting agency would not be enforceable, nor should we expect it.

7 PAGE 7 Commissioner Holliday stated that she was considering leaning the other way until she heard from Sheriff Eiesland, Deputy District Attorney Leslie Wolf, and Animal Control Officer Brad Heinige. She stated that the fact remains that the dog jumped up and bit both the little boy and the older lady. Commissioner Holliday stated that since there are other avenues for appeal maybe the County should keep with our original decision and let them go through the appeal process if they choose. Mrs. Wolf stated that the Court made a decision last week when the issue was fresh in the Court s mind. Commissioner McKay stated that he is inclined not to reconsider the Court s decision and to allow the dog owner to go through the legal appeal process. {{{Commissioner Holliday moved that the Court deny the Motion to Dismiss and Release Dog in the matter of the Disposition of the Pitbull Dog owned by Karissa Ball; and that the Order in the matter of the denial of the Motion for Reconsideration and the Findings and Order in the matter of the disposition of the Pitbull Dog named Denali owned by Karissa Ball be approved for signing. Commissioner McKay seconded the motion; it was then passed unanimously.}}} At 11 a.m. the Court discussed miscellaneous items. The Court signed: - Community Wildfire Protection Plan Rapid Assessment Web Services Agreement between the Association of O&C Counties and Wasco County. - Oregon Office of Homeland Security Criminal Justice Services Division Juvenile Accountability Block Grant Agreement. - Order in the matter of the denial of the Motion for Reconsideration. - Findings and Order in the matter of the disposition of the Pitbull Dog named Denali owned by Karissa Ball. The Court adjourned at 11:28 a.m. Scott McKay, County Commissioner Sherry Holliday, County Commissioner