44-219-Minutes for Meeting October 06,1982 Recorded 10/26/19821 DESCHUTES COUNTY BOARD OF COMMISSIONERS OCT 2 6 1982
OCTOBER 6, 1982 - COURTDAY MEETING
ROSEMARY
DESCHUTES C PAT7ERSON
Chairman Shepard called the meeting to order at 10:00 A.M. G%%ft einer
Paulson and Commissioner Young were also present.
Amendments to The agenda was amended to include signature of Order
the Agenda #82-340, in the matter of transfering fundis.
Public Hearing Chairman Shepard read aloud the proposed ordinance and
to Consider opened the public hearing.
repeal of Soc-
ial Gaming Neil Canen came forward and presented to the Board some
Ordinance signatures of persons opposed to the repeal of the social
gaming ordinance. He then asked that this be postponed
until they are able to obtain legal counsel to represent
them before the Board. Commissioner Young stated that
because of the persons who had come to testify, they
should proceed with the hearing at this time.
Bertie Parrone, representing Vie's Tavern in LaPine,
asked what circumstances had srought about the action
to repeal the ordinance. Chairman Shepard stated that
this has been done as a result of concerns expressed
to the Board. She then stated that they have a game
in their tavern, and stated that perhaps they make more
rules and regulations. She said that their business
is benefited by the game and to lose the game could threaten
their business to some degree.
Jack Boone, 11 Conifer Lane, Sunriver, came forward.
He stated that he was a commander of a 800-member DAV
chapter that conducted bingo games. During that time
they had problems with alcohol and and in their opinion
expenditures were made by persons who could not afford
it. He stated that it was profitable, but he was con-
cern by the element that they do attract. He said that
this provides problems for the law, which the taxpayer
pays for.
Jim Scott, 25 N. 6th, Redmond, came forward. He is the
owner of the 86 Corral in Redmond. He stated that he
has gone to some expense to decorate the area where the
game tables are, and it is separated from the lounge
area. They have not received any complaints to his know-
ledge in relation to the gaming tables and there have
been no irregularities in the game. He stated that in
two years they have never asked for help from any law
enforcement agency. He stated that there have been nights
during the week when the majority of their business was
from the games, and that the game operators themselves
buy a lot of drinks for their customers. He felt that
if this were to be placed on the ballot for election,
they would have difficulty obtaining support because
there are few people interested in the games. He suggested
that there be more control of the games, possibly making
someone responsible for policing the games and handling
complaints. He also suggested that some kind of commission
be formed that could handle all of the complaints, and
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Deschutes County Board of Commissioners
t-October 6, 1982 - Courtday Meeting 44 lp*
if the commission found in favor of the complaintant,
their gaming license could be revoked.
Jim Aiken, Jack's Saloon in Terrebonne, came forward.
He stated that they are a new business and the card games
have helped them to stay in business. He stated that
they cannot legislate morality and that it was important
to consider the small business people in making the decision.
Richard Higgin, Administrator of the Light and Life Church,
said that he has been asked to speak in opposition to
the social gaming ordinance on behalf of his church.
He stated that it is possible to legislate immorality.
Diane Techler, employee of Deschutes Station Tavern,
stated that they have had a table for 12 years and have.
had no problems. She stated that it is the choice of
the people to participate and should remain that way.
Warren West, 160 NW Irving, Bend, was present. He is
an attorney representing several business and restaurant
owners in Deschutes County. He stated that he doesn't
understand how much opposition to this there is. He
stated that he worked in the D.A.'s office at the time
the social gaming ordinance was adopted, and during the
next two years they never had a complaint that he knew
of. He then asked for clarification on what type of
complaints had been received and who had registered those
complaints. Chairman Shepard stated that there had been
a variety of complaints, and did not feel that it was
necessary to give names. Mr. West said that recently
there had been a statement issued by the Sheriff's office
stating that they had received no complaints in regard
to the social gaming. He suggested that this be referred
to County Counsel and they work together to develop a
tighter ordinance sanctions and enforceability, with
betting limits and self-policing. He stated that to
repeal the current ordinance could put people out of
business.
Mike Dugan, Assistant D.A., came forward. In response
to Mr. West's statement, Mr. Dugan said that he has been
in the D.A.'s office since 1978 and during that time
he has recived a number of complaints about dealers who
have a variety of tricks and that some charge players
to participate. They have also had related assault cases.
He also stated that he does not feel that Deschutes County
has personnel qualified to police these activies.
Jim France, Deschutes County Sheriff, came forward. He
testified that they have received some complaints since
he's been in office, mostly from people who claim to
have been cheated. He stated that the Sheriff's office
has some expertise and they could obtain additional training
from the Nevada Gaming Commission. He suggested that
they either abolish it completely or rewrite the ordinance.
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Deschutes County Board of Commissioners
-'October 6, 1982 - Courtday Meeting
V"ul 4 P,F.•~
Joe Reckon, Dillon's Restaurant, suggested that there
are solutions to the problems without completely abolishing
the ordinance. He stated that he has recently added
gaming tables, and it is in his own best interest to
make sure the game is run fairly and make sure there
are no complaints.
Gary Olson, Deschutes Station Tavern, stated that they
have had a table for 12 years now and have been very
careful. He said that it has been an asset to their
business. He was afraid that if they lose this it could
affect their business.
Tom Tadevick, China Ranch Restaurant, stated that if
any of the compalints relating to his establishment he
would like to know it so that he could have a chance
to respond. He said that he did not feel that it was
fair to be judged as a group, but these matters should
be dealt with on a individual basis. He stated that
a stronger ordinance was needed.
Mr. Canen stated that he deals blackjack, and in his
opinion most of the complaints come from people who can't
afford to be in the game, but he can't control that.
Jim Scott stated that the tables don't make that much
money. He related°an experience he had when he hired
a blackjack dealer about a year and a half ago, who finally
quit because he was only making about $5.00 per hour.
Kathy Raken, Dillon's Restaurant, asked who will be affected
by the repeal of the ordinance. Chairman Shepard responded
that only establishments located outside the incorporated
city limits would be affected.
George McReynolds, Sundown South Saloon, stated that
he and his partner have just begun their business and
are in a battle for their financial survival and this
could hurt them. He did not feel that this should be
done on an emergency basis as the ordinance calls for.
Jim Aiken, Jack's Saloon, stated that this is not fair
as it will not be done unilaterally, it will only affect
those establishments located in the County, and people
will still be able to play in towns. He felt that this
was discriminatory-- it will hurt them and benefit others.
Gordy Bozeman, Sundown South Saloon, stated that they
have invested considerably in their tavern and feel that
their investment could be threated by this proposed action.
He suggested that the Board take a close look at the
complaints they have received as opposed to the favorable
comments they have heard today.
Gene Goff, Sheriff's Office Detective, stated that they
have had quite a few complaints on the gambling which
date back to 1975. He stated that they have had good
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Deschutes County Board of Commissioners
October 6, 1982 - Courtday Meeting
cooperation from the owners of
He said that he takes the same
saying that they need to have
powers added to the ordinance.
F'~s
the establishments.
position as Jim France,
additional enforcement
Commissioner Paulson asked how much it would cost to
enforce the ordinance. Sheriff France responded that
this would be about $12,000, because they would like
to send Mr. Goff to receive training from the Nevada
Gaming Commission. He suggested that these funds could
come from licensing fees.
Duane Smith, a blackjack dealer from Redmond, stated
that this game has kept him from going on unemployment
and he stated that he runs as honest and fair a game
as possible.
Hearing no further comments, Chairman Shepard closed
the hearing.
Commissioner Paulson asked Jim Scott to explain what
the operation in his establishment is like. Mr. Scott
said that they have an area in the back where the games
take place. He said they do cash in the chips at the
bar and the chips can be used to purchase drinks at the
bar. They open the tables at 6:00 P.M. and close at
closing time. They only play 21. There are two tables
and three dealers.
Commissioner Paulson asked Mr. McReynolds from Sundown
South what their operation is like. Mr. McReynolds responded
that they only play 21 and they also cash in chips at
the bar. The dealers own their tables, and there are
two tables in the bar. He recommend that they contact
the dealer, Carl Roan, if they want expert testimony,
as he is considered an expert by the Nevada Gaming Commission
Commissioner Paulson asked Gary Olson what his operation
was like. Mr. Olson responded that there is only 21
being played and they only have one table. He said that
they sometimes play 21 in the afternoon as well as in
the evening. He said that they have two dealers operating
from his tavern.
There was some discussion as to how long it would take
to rewrite the ordinance.
MOTION: YOUNG moved that this matter be continued
for at least 30 days during which time County
Counsel, the Sheriff's office, the District
Attorney and operators get together and come
up with a suggestion to repeal or write a new
ordinance.
PAULSON: Second.
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.Deschutes County Board of Commissioners
October 6, 1982 - Courtday Meeting
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Commissioner Paulson stated that a number of statements
made at this hearing indicate that violations of the
current ordinance are occurring. He stated tha it was
against the ordinance to have a house dealer. He sug-
gested that this be put up for a vote before the residents
of Deschutes County.
Chairman Shepard stated that essential violations of
the ordinance have been taking place openly. To ade-
quately enforce the ordinance they would have to sub-
stantially increase fees yet they are hearing testimony
that says some of these establishments are barely making
it as it is. He stated that he does not agree that the
local restaurants are barely making it, based on their
numbers and the new ones starting up. There was much
further discussion. Commissioner Paulson suggested repealing
the ordinance and considering a new one in its place.
Chairman Shepard stated that Counsel is already very
busy. If there are citizens who want the County to consider
a new social gaming ordinance, they should draft one
for their consideration because it is not in the county's
interest to draw up a new gaming ordinance.
VOTE: SHEPARD: NO.
PAULSON: NO.
YOUNG: AYE.
MOTION: PAULSON moved that the Board adopt Ordinance
#82-040 without the emergency clause.
The motion died for lack of a second.
MOTION: SHEPARD moved to have the first and second read-
ing of the Ordinance by title only.
YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Chairman Shepard gave the first and second readings of
Ordinance 82-040 by title only.
MOTION: SHEPARD moved to approve Ordinance #82-040.
PAULSON: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: NO.
Since this did not pass unanimously, they will place
this on the agenda again in two weeks to be considered
again. At that time, it will not require a unanimous
vote for passage.
Hearing re- Neil Hudson, Director of Public Works, stated that this
garding Road was the result of a petition received from residents
Hazard Abate- in the Masten Road Bridge area who are requesting that
ment on Masten access to the river be provided on the County right of
Road way next to the bridge. Currently the neighboring property
owners have fenced to the bridge. They are requesting
that gates be installed. The Department of Public Works
sent the property owners (the Reeds and Gilchrist Timber
Compapy) ordering them to place a gate, and if a gate
were not placed this hearing would be held. This hearing
is being held because the gates were not placed.
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Deschutes County Board of Commissioners
October 6, 1982 - Courtday Meeting 44-
Chairman Shepard opened the hearing.
Donna Reed, 50750 Masten Road, LaPine, came forward.
She stated that the fences have been there for 40 years
and until recently they had had no problem. She said
that she has never stoppped anyone from going in and
swimming. She said that there are only about eight feet
of access on either side of the bridge. She stated that
they have been harrassed by having people come on to
their land. She stated that this had started over a dog
fight between her dog and a dog belonging to a person
who was floating the river. She said that since the
deputy went around to all the neighbors to tell them
to stay off of their land there have been no problems,
and no fences have been cut. She said that if they
put gates up they will be left open and the stock will
get out.
Robert Bailey said that he has had his property in that
area since 1969 and there was not a fence connected
to the bridge at that time. Since the Reed's moved
in, he stated that they have put up that fence and told
people they can't swim there. He said that he had
not been able to use the river this summer because of
this.
Bill Spears, representing the Gilchrist Timber Company,
read aloud the letter that he had recieved from the
Public Works Deparment ordering them to put up a gate.
He did not feel that this order had been violated, but
that by not placing the gate they had requested a hearing.
He said that since he has been in the area the fence
was always attached to the bridge, and it was attached
to the old wooden bridge that formerly stood at that
same site. He said that a few years ago the county
requested from them additional right of way to build
a new bridge and they did grant the county an additional
eight to ten feet. After the bridge was completed they
attached the fence to the new bridge just as they had
to the old bridge. He stated that the fences had been
up since 1943 that he knew of and that in 1969 they
put in a gate but it was torn down. He also felt that
there was no place to safely park in that area. All
of the river in that area faces private property, so
he felt that access was not necessary, and asked that
the Board come and look at the area before making a
decision.
Robert Dody said that the cattle are still getting out
even though the fences are not being tampered with.
He said that if the fence were to be placed on the property
line there would be plenty of room for access in and
out of the river.
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Deschutes County Board of Commissioners
,-'October 6, 1982 - Courtday Meeting 4...A~ -E ..w.'r.
•P
Gail Johnson stated that they have had floating parties
of up to 68 people and they access the river two miles
upstream and exit at the bridge, and have never gone
on the Reed's property. She also said that Mrs. Reed
had left notes on cars telling people they can't park
there.
Donna Reed said that she had left notes telling people
that it was private property on either side of the bridge.
She stated that there have been people coming up onto
her property and have been on Diamond International's
property.
Learl Sonders said that she had written a.letter asking
what the public access rights were. She had owned land
near Prineville that abutted a river and they were required
to provide access. She stated that there were many
people in the area who would like to use the river.
Jim Jones, Masten Road, said that he sometimes uses
the river and that there is access at the top end, and
there were no problems with using the river until the
Reed's moved in. He volunteered to build a fence access.
Mr. Steers asked if they could be allowed to fence across
the river since people leave the river before reaching
Gilchrist Timber land. The Reeds also said they would
like to be allowed to fence across the river.
Neil Hudson stated that gates
property owner but the public
the river. He suggested that
be installed. There was some
and it was agreed that a stil
south.side of the bridge.
can be a problem for the
does have a right to access
a cattle guard or stile
further general discussion
e should be place on the
Award of Bids Neil Hudson had given the Board a memo outlining the
for American bids received and the amounts. Three bids had been
Lane and Simp- received. The low bidder was R.L. Coats who bid $39,300.
son Avenue MOTION: PAULSON moved to award the bid for the paving
of American Lane and Simpson Avenue to R.L.
Coats & Co. in the amount of $39,300.
YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Discussion re- Lin Bernhard, Planning Department, explained that she
garding Waiver had a request for waiver of fees on a conditional use
of Fees for application from Terry Van Dever. Ms. Van Dever is
Conditional going to place a mobile home on her property for six
Use for Mobile months and then remove it, and is applying for a tempor-
Home Placement ary use permit. However, according to the ordinance,
a temporary use permit can only be issued in conjuction
with a conditional use application. Because the condi-
tional use will not be used; the trailer will be removed
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,Deschutes County Board of Commissioners
October 6, 1982 - Courtday Meeting
J
~m,L 4 r
at the same time the temporary use expires; she is asking
that the $110 fee for the conditional use application
be waived. There was some further discussion. Ms.
Van Dever was present and answered questions.
MOTION: PAULSON moved that they waive the fee and
if the mobile home remains after six months
then the fee would have to be paid.
YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
MJP-81-14, Craig Smith, Planning Department, brought this before
H.G. Findlay the Board for signature and approval.
MOTION: PAULSON moved to approve MJP-81-14.
YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Final Plat Mr. Smith brought this before the Board for signature
#630, Spakers and approval.
Acres MOTION: PAULSON moved to approve Final Plat #630,
Spaker's Acres.
YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
It was noted that this contract for Sheriff's patrol
of Forest Service property was the same as in years
previous.
MP-82-19, Duke Lin Bernhardt, Planning Department, brought this before
Warner the Board for signature and approval.
MOTION: PAULSON moved to approve MP-82-19.
YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Request for Before the Board was a request for refund in the amount
Refund of $44.00 to Ed Dahl from the Planning Department. The
Board approved the request.
Forest Ser- MOTION: PAULSON moved to approve the contract with
vice Contracts the Forest Service.
YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
PAGE 8 OF 9
Vol
. 44 qrt-?
Deschutes County Board of Commissioners
Ocotber 6, 1982 - Courtday Meeting
Order 82-340, Chairman Shepard read the order aloud for the record.
Making Approp- MOTION: PAULSON moved to approve.
riations YOUNG: Second
Transfers VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Discussion re-
Chairman
Shepard read aloud the memo
for the record.
garding Weight
The Road
Department recommended a ten-
ton weight limit
Restrictions
on that
road.
on Paulina
MOTION:
PAULSON moved that they adopt
the recommenda-
Lake Road
tion and establish the weight
limit.
YOUNG: Second.
VOTE:
SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Once the
order is drawn by Counsel the
Board will sign
it outsi
de of the meeting.
DESC U COUNTY B AR OF COMMISSIONERS
C S PAR~IRMAN
ALB YOUNG, CO/VMM~~'IS NER
C~
BERT C. PAULSO JR., CO STONE
/ss
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