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44-566-Minutes for Meeting November 09,1982 Recorded 12/3/1982k Chairman Shepard opened the public hearing and called for comments in favor of the ordinance. There were none. Being none, he called for comments in opposition. John Gilson, Sunriver, came forward. He stated that on November l he wrote a letter to the Board providing certain recommendations and amendments to the proposed ordinance. The Board acknowledged that they had read the letter. Mr. Gilson then went through the amendments he was suggesting. He recommends that this issue go before the voters before the Board votes on whether or not to approve the ordinance. He also recommended that the emergency clause be removed; that alcoholic beverages not be bought for players by the dealer; and ,that no guns or firearms be allowed inside a premise where card games are being conducted. Also, in the event of a violation under Section 8 of the ordinance, .the license should be suspended until a court hearing abd'trial have been completed, and a violation should be puni.shed.,by permanent revocation of the license. Amel Sidel, Fall River resident, referred to the article in "The Bulletin" which stated that this ordinance would ,provide $25,000 as income to the County. He said that ,this would hardly pay the salary of an officer and the car. He stated that gambling, produces jobs only for those who.run.the games, and doesn't produce real income for the city and the county. He stated that the money doesn't stay in the community and doesn't bring good influences to the community. He did not feel that the community needed this additional problem and that by allowing this ordinance it could open the door for future forms of gambling and increased gambling activities. Paul Jewell, Pastor of the United Methodist Church, came forward. He stated that of the 600 members of his congregation, 95% would oppose the ordinance. He stated that the adult decision-makers in the community had a responsibility to the children to provide a society with the beliefs that the community believes in. He felt that social gaming was an attempt to get something for nothing. He felt that the vast majority of people in the county would oppose the ordinance, and that the Board should make a decision which would reflect that opinion. He also felt that this could be the beginning of larger scale gambling activities in Deschutes County. DESCHUTES COUNTY BOARD OF COMMISSIONERS vu~ 44 r,4~c NOVEMBER 9, 1982 - REGULAR MEETING Oro 31882 D ROS~~A Chairman Shepard called the meeting to order at 10:00 A.M. Rosem i Paulson and Commissioner Young were also in attendance. COUlyry IV Amendments to There were no amendments to the agenda-at this time. the Agenda Public Hear- ing on Pro- posed Social Gaming Ordin- ance #82-041 Page 1 of 6 . 'heschutes County Board of Commissioners November 9, 1982 - Regular Meeting VOA. 44 PnE D677 Charles Kreshack, President of the Sunriver Phase I Owners Association, came forward. He stated that they are concerned about having gambling taking place in an establishment in their area. In the land-use district map there is a public school site in the Business Park, which is where this tavern is located. He stated that an OLCC licence cannot be granted if the establishment is located within 500 feet of a school site. Louis Masten, President of Phase II Sunriver Homeowners Association, stated that he is in concurrence with the statements made by Mr. Kreshack. Jim Eriser, River Forest Acres, stated that he is in concurrence with comments made in opposition, and asked that the Commissioners kill the ordinance. Jack Boone, 11 Conifer Lane, Sunriver, stated that he is also in opposition to the ordinance. He referred to the "60-Minutes" program of last Sunday which said that in New Jersey it had been hoped that by allowing gambling on the Boardwalk it would revitalize the city's economy, but it did not. He stated that by allowing it here, it would not help Bend's economy either. He felt that the State should be charged with regulating gambling, not the county. This would provide statewide consistency and regulation, as is the case with horse and dog racing. Chairman Shepard called for further comments. Being none, he closed the public hearing. Commissioner Paulson stated that after reviewing the proposed ordinance there had been some changes he would like to make. He went through these page by page. On page l there were no changes. On page 2 he suggested changing the language to allow more than one licensed dealer/player to playat a table and be allowed to deal. He also suggested that the Board use the 60th edition of Official Rules of Card Games as published by U.S. Card Company as the rules to be established by the Board. He noted that it contains two different sets of rules for 21 and the rules that should apply in Deschutes County would be the rules for the changing bank, as opposed to the rules for a permanent bank. It was agreed that the current edition of this book would be the appropriate one to go by, as editions are updated.E Commissioner Paulson also wanted the ordinance amended - to~,read the the premises should provide all cards and gaming equipment in the place where its being played. He also outlined some changes in the licensing criteria under Section 5. Page 2 of 6 beschutes County Board of Commissioners November 9, 1982 - Regular Meeting q* 11D V10111 44 -PA c. 115 f 1 8 On page 4, Section 8.E in the fifth line, Commissioner Paulson wanted the words "and/or designated permitted games" struck. Item H at the bottom of the same page should be changed to provide that the premise shall provide the Sheriff's office with a list of games and rules to be used under the ordinance. He then went through items in the John Gilson letter to be incor- porated into the ordinance. One was that no alcoholic drinks shall be provided free of charge to the players by the dealer. No guns or firearms shall be allowed in the premises except those carried by official law 'enforcement officers. Under Section 11, Penalties, Mr. Gilson had suggested that it be adopted as written with the addition of a sentence saying "conviction of a violation would result in permanent revocation of license" and also "each day of violation constitutes a separate violation". Mr. Gilson also recommended that the emergency clause be removed from the ordinance. Commissioner Young stated that he agreed with all of the changes outlined by Commissioner Paulson, There was some further discussion in regard to a referendum and the date of the election. There was some further discussion in which Chairman Shepard staged that this ordinance was clearly in violation of the Attorney General's opinion because all players are not on equal terms. Commissioner Paulson responded that his rationale behind allowing this ordinance was that as long as more than one licensed "dealer/player" was allowed at one table it did not violate the AG's opinion. MOTION: PAULSON moved tha the second reading incorporating the changes made be by title only. YOUNG: Second. Counsel recommended that they first move to incorporate the changes made. Commissioner Paulson withdrew the motion with the consent of the seconder. MOTION: PAULSON moved to amend Ordinance #82-041 as previously read in this meeting. YOUNG: Second. VOTE: SHEPARD: ABSTAIN. PAULSON: AYE. YOUNG: AYE. MOTION: PAULSON moved to have the second reading by titly only. YOUNG: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Chairman Shepard gave the second reading by title only. MOTION: YOUNG moved that Ordinance #82-041 be adopted as amended. PAULSON: Second. Page 3 of 6 .15eschutes County Board of Commissioners November 9, 1982 - Regular Meeting Vi!. 4 f Chairman Shepard stated that if the estimated $25,000 in revenues generated by the ordinance turned out to be more than the cost of administrating it, that is a tax and the Board cannot levy a tax without going to a vote of the people. There was some further general discussion. Commissioner Young stated that this ordinance :wll enable the county to control gambling, because it-will go on anyway. This will make it legal while providing revenue to the county. VOTE: SHEPARD: NO. PAULSON: AYE. YOUNG: AYE. The Board directed Counsel to type the ordinance in its final form. Discussion re- John Andersen, Planning Director, was present to discuss garding Crit this. He stated that it is necessary to develop eria for Admin-criteria to determine whether or not the Planning istrative Re Director should review the application or whether view of Indus- it should be directed to the Hearings Officer for trial Develop- decision. He had a recommendation from the Planning ment Commission recommending some criteria, which he briefly outlined. If this criteria is not met, then the decision will be made by the Hearings Officer. MOTION: PAULSON moved to approve the recommendation. YOUNG: Second VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. First reading of Ordinance Amending Bend Urban Area Zoning Ordin- ance regard- ing Location of Churches Chairman Shepard noted that the public hearing had been held and there were no adverse comments received. This ordinance will provide more flexibility in regard to the location of churches. MOTION: YOUNG moved that the be by title only. PAULSON: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. first and second readings Chairman Shepard gave the first and second readings by title only. MOTION: PAULSON moved that the ordinance be approved. YOUNG: Second. VOTE: SHEPARD: AYE. PAULSON AYE. YOUNG: AYE. Improvement Rick Isham, County Counsel, explained that there were Agreement for two improvement agreements accompanying this plat. Fairway Point One is within the plat and the other is for the second Village access at the north end of Sunriver. It provides that the developer has until December 31, 1983 to complete construction of those improvements. If it is not completed by that time, the developer will be required to post bond for 110% of the cost of the improvement. If they fail to comply with the agreement, Page 4 of 6 Deschutes County Board of Commissioners November 9, 1982 - Regular Meeting the County can suspend lot sales. There was some discussion in regard to allowing this without the purchase of the bond first. Craig Smith, Planner, explained that this was basically just to establish a date to begin this project, and that the north access is not necessary for this subdivision. This had just been a mutually arrrived at agreement for initiation of this project. Bob Lovlien, attorney representing Sunriver, concurred with Mr. Smith's remarks.. MOTION: YOUNG moved to accept the improvement, agreement for Fairway Point Village #1. PAULSON: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Final Plat 627 MOTION: PAULSON moved to approve Final Plat #627, Fairway Point Fairway Point Village #1. Village #1 YOUNG: Second. VOTE: SHEPARD: AYE PAULSON: AYE. YOUNG: AYE. Central Oregon Rick Isham stated that this is in accordance with Economic Dev- the budget appropriation he and Mike Maier put together elopment Coun- for a grant for Central Oregon Economic Development cil Grant Council (COED).. He outlined what the grant contract Proposal provided for. It provides for COED to make monthly reports to the county reflecting financial activities during the month, noting how the county funds were expended. At this time they had not yet heard anything back from Charlie Hemphill of COED. They will bring this item back before the Board after having discussed the proposal with Mr. Hemphill. Deed to Brooks Mr. Isham stated that this was in regard to the property Resources exchange involving county land near Shevlin Park. This is property that is in the urban growth boundary consisting of approximately 340 acres. It is being traded for 120 acres of a plat owned by Brooks Resources in a three-way trade with Bend Metro Parks and Recreation. MOTION: YOUNG moved to execute the deed. PAULSON: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Resolution for Eligibility Recertificat- tion Mr. Isham explained that this is the same resolution they have signed for the past five years which allows a representative of Deschutes County to purchase GSA surplus property. MOTION: YOUNG.moved to approve the resolution for eligibility for recertification. PAULSON: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Page 5 of 6 Deschutes-.County Board of Commissioners November 9', 1982 - Regular Meeting vra 44 Other Staff/ Neil Davis, representing the Deschutes County Fair Public Con- Board, was present to ask about the status of their cerns audit bill. He stated that it was the understanding of the Fair Board that the County would pay the bill this year if Ballot A passed, which it did. This was agreed to at a meeting held last spring. The Board agreed to research the minutes of the meetings to ascertain what their decision had been and report back to Mr. Davis and the Fair Board. Being no further business at this time, Chairman Shepard recessed the meeting until the following day at 10:00 A.M. DESCHUTES COUNTY BOARD OF ISSIONERS Z /000 CLAY K P C N ALBERT,, YOUNG, COMMISSIONER ROBERT C. PAUL ON, JR., C0 SIOIIER /ss