44-352-Minutes for Meeting October 20,1982 Recorded 10/28/1982A.
r DESCHUTES COUNTY BOARD OF COMMISSIONERS
OCTOBER 20, 1982 - COURTDAY MEETING Vul 4 fnd c:. t~ 5)2
loe X%
Chairman Shepard called the meeting to order at 10:0 .M s° sioner
Paulson and Commissioner Young were also in attendan "0
Amendments to The Chairman amended the agenda to/#clude'-~'oard^`ra' ` - ication
the Agenda of two documents relating to the ERI'~~,ection*d to in-
mt Services
clude a discussion and decision on tie"°welopgi
Management Team's recommendation to thy;: ord. E'6►
Public Hearing Craig Smith, Planning Department, explgin t this was
Regarding Pro- the same ordinance that was considered '`iItcz t s ado, and as
posed Phase II of this time the City has approved the orc~ ance and the
Sewer Boundary boundaries that it stipulates. Chairman She and-read the
ordinance aloud by title and opened the public hearing.
John Hossick, City of Bend Planning Director, came forward.
He stated that the city has reviewed and adopted this
boundary and they are in favor of adoption. They have the
capability with their sewer system to provide services in
Phase II area.
Dick Nichols, DEQ, stated that the Department of Environ-
mental Quality is in support of this ordinance's adoption
and feel that it will be an important tool for good plan-
ning and extension of public services.
Paul Ramsey, a resident within the proposed Phase II
boundary, stated that he cannot imagine ever sewering
that area. He felt that the only way it could be done
is by retaining interim systems in the area and with 80-
90% federal grant funding. He stated that it would be
a lot more expensive than the Phase I. He stated that
he felt that the county should tell the city and DEQ that
they don't want to be ripped off anymore. He said that
the people in the Phase II boundary cannot afford this.
Ron Marceau, Bend City Attorney, stated that the Joint
Urban Management Agreement between the City and the County
says that the City and County agree that they will pro-
vide for Phase II sewer boundary. He stated that this is
only a planning tool that gives the city and the county a
means to work together. It does not require anyone to
hook up to the sewer. He stated that no sewer requirements
can be instated without county approval. This only draws
a line on the map to establish the Phase II area.
Yvonne Richer, resident within the Phase II area, stated
that without knowing whether they would be forced to hook
up to the sewer she is against the ordinance. She then
cited what she had determined the cost to be, outlining
what it would cost per household. She was concerned that
this would increase taxes.
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Deschutes County Board of Commissioners '
October 20, 1982 - Courtday Meeting VOL 4 ?A.c ` c.
Harvey Neil stated that if there was any truth in what
Yvonne Richer said it would be cheaper to put in septic
tanks and haul out the sewage by truck.
There being no further comments, Chairman Shepard closed
the hearing. Commissioner Young stated that he had re-
ceived a request from Central Oregon Builders Association
to hold an evening hearing on this matter. He read
this written request aloud. Commissioner Paulson stated
that these people have testified before in previous hear-
ings and to receive the testimony again would be redundant.
MOTION: YOUNG moved that this matter be continued and
scheduled for an evening meeting.
The motion died for lack of a second.
MOTION: PAULSON moved to have the first reading of
the ordinance by title only.
YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Chairman Shepard gave the first reading of Ordinance #82-
037 by title only.
MOTION: PAULSON moved that the second reading be
by title only.
SHEPARD: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: ABSTAIN.
Chairman Shepard gave the second reading by title only.
MOTION: PAULSON moved that the Board adopt Ordinance
#82-037.
SHEPARD: Second.
Commissioner Young stated that he would not vote to
saddle the people with this kind of burden. Commissioner
Paulson stated that if this is not adopted it will impede
growth in the county. Chairman Shepard stated that the
concerns that have been expressed have been based on
faulty information; that the ordinance does not do anything
like the concerns that have been expressed. There was
some further discussion.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: NO.
Because the vote to pass the ordinance was not unanimous,
the second reading and adoption will be continued for two
weeks.
Public Hearing Chairman Shepard read aloud a description of what the
regarding amendment calls for as the ordinance has not yet been
Amendment to prepared. The proposed amendment' would allow the place-
Ordinance PL- ment of churches on local and collector streets as well
11 as arterials, as is currently provided for. The amendment
also provides for setback requirements, screening re-
quirements and provisions for signs. Chairman Shepard
opened the public hearing.
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Deschutes County Board of Commissioners
October 20, 1,982 - Courtday Meeting
VOL 44 PACE 3511,
Randy Tabor, 61461 Little John Lane, Bend, came forward
to testify. He stated that he is the pastor of the
church that originally proposed this amendment to the
Bend Urban Area Planning Commission. He made the same
presentation to the Board. He explained that they want
to build a church on Pinebrook Boulevard but it does not
meet the arterial street requirement. He stated that
because of the high cost of property on the arterial
streets, it has become prohibitive for new churches to
get established. They feel that because Pinebrook con-
nects to an arterial, and it is away from the residen-
tial development, it would be an ideal location at an
affordable cost. He stated that the arterial streets
are better for commercial uses. He stated that they had
done a demographic study of churches in the Bend area and
found that there is a dispropotionately small number of
churches in the southern part of town, and determined that
that area had the greatest need for a new church. He said
that the proposed amendment requires that the placement
of a church on a collector or local street requires that
it go through the conditional use process, which would
serve to place controls on allowing churches not located
on an arterial street.
Jim Leonard, Pastor of the Cascade Friends Church, stated
that he is in concurrence with Mr. Tabor's presentation.
He stated that their congregation currently meets in a
mortuary, and this would enable them to have their own
facility.
Being no further comments, Chairman Shepard closed the
hearing. Because the ordinance is not yet prepared, they
will delay action on this until such time as it becomes
available.
Second Reading
Commissioner Paulson stated that since the hearing he
of Proposed
had talked to Warren West, attorney representing several
Ordinance to
individuals interested in continuing social gaming, and
Repeal the
suggested that they draft a new ordinance for Board con-
Social Gaming
sideration. At this time he asked Mr. West what his clients
Ordinance
are thinking of as a reasonable social gaming ordinance.
Mr. West stated that he had given the Board copies of a
draft he had prepared and that he had had input from the
Sheriff and County Counsel. In drafting this, he had
referred to other statutes and ordinances that had been
enacted throughout the state. He had researched the prob-
lems with the old ordinance and in the proposed draft had
attempted to provide the county with more sanctions and
controls. He addressed the issue of the Sept. 17, 1982
Attorney General's opinion in regard to the statute allowing
a dealer. He suggested that the county license dealer/
players which would provide the county with a measure of
control over them. The proposed ordinance contains more
stringent controls as to bets. He outlined the proposed
fees for licensing dealer/players ($150) and licensing
for the business establishment ($500) which he estimated
would provide the county with about $16,000 in revenue
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Deschutes County Board of Commissioners
October 20, 1982 - Courtday Meeting
Vol 44 PA~~ 5 r
which would provide funds for enforcement.
Commissioner Paulson then asked Gene Goff, Sheriff's
Deputy, what his understanding of the Tillamook ordin-
ance was. Mr. Goff responded that it is his understanding
that all the licensing fees go into the county's general
fund and the money for enforcement is taken from that fund.
He stated that he was not sure how much money they took
in or how much they spent on enforcement. He did not
know how much it may cost Deschutes County to enforce
the ordinance, but stated that it would probably take
from 40 to 50% of one deputy's time and the additional
expense of having an expert from the Nevada Gaming Commis-
sion come in in the event of a violation hearing.
MOTION: PAULSON moved to have the second reading of
Ordinance #82-040 by title only.
SHEPARD: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Chairman Shepard gave the second reading by title only.
MOTION: SHEPARD moved for the adoption of this ordin-
ance.
The motion died for lack of a second.
Commissioner Paulson stated that he did not feel that the
ordinance should be adopted with an emergency clause. He
said that the proposal that has been presented and the
practices that have been testified to don't meet the re-
quirements of social gaming. He suggested having an
ordinance drafted and put on a ballot in order to let the
people of Deschutes County vote on it.
Chairman Shepard stated that there is a
of the social gaming ordinance going on,
tinue to go on unenforced for 90 days if
is approved without an emergency clause.
to adopt it without the emergency clause
of what is going on, and that as elected
of the people it is their responsibility
lawful activity immediately.
2lear violation
and it will con-
the ordinance
He felt that
would be a sanction
representatives
to stop an un-
Commissioner Young stated that he felt that they should
have an ordinance and those that wish to use the ordinance
should make reasonable payment as is proposed in the or-
dinance. He felt that the Board should adopt Ordinance
#82-040 without the emergency clause which would allow time
for another ordinance to be developed. There was much
further discussion.
Commissioner Paulson asked Darrell Davidson, Uridersheri.ff,
to what extent they would be able to police the gaming.
Mr. Davidson said that the best they would be able to do
would be spot checks.
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V
Deschutes County Board of Commissioners ,g
October 20., 1982 - Courtday Meeting VOL 44 'E+C='
MOTION: YOUNG moved to proceed with amending
the present ordinance #203-4.
The motion died for lack of a second.
There was some discussion on the matter of making
the same motion twice. The Chairman ruled that it
would be allowed.
MOTION: SHEPARD moved to approve Ordinance #82-040.
PAULSON: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: NO.
There was some further general discussion, in which
the Board answered some of the audience's questions.
Ratification
County Counsel had requested that the Board ratify
of Documents
a news release and a letter to Senator Packwood from
the Board.
MOTION: PAULSON moved that -the two documents be
ratified.
YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Action on
MOTION: YOUNG moved to accept the management team's
DSMT's Recom-
recommendation as presented to them in their
mendation to
8:30 A.M. meeting with them on this date.
the Board
PAULSON: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
At this time the Board considered who would be the
Division head under the DSMT's recommendation.
John Andersen was the only one of the three department
heads who had expressed an interest.
MOTION: PAULSON moved to appoint John Andersen as
Director of the Community Services Department.
YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Being no further business, the meeting was adjourned.
DESC UT CO
CLAY C
SSIONERS
AL YO G,,,, MMISS R
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ROBERT C. PAULS0 0 IONER
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