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44-473-Minutes for Meeting October 26,1982 Recorded 11/15/1982DESCHUTES COUNTY BOARD OF COMMISSIONERS L 44 rvT 4`73 OCTOBER 26, 1982 - REGULAR MEETING IV©VX 5198; RGSEMAR'r PAT Chairman Shepard called the meeting to order at 10:00 k:R_. ~sEFii43i~r Young and Commissioner Paulson were also present. Y CLERK Amendments to There was one amendment to the agenda. It was a plat the Agenda for the City of Bend to be signed by the Board (Ski House III, Mt. Bachelor Village). Discussion Warren West, attorney representing parties interested regarding Pro-in continuing social gaming in Deschutes County, had posed Gaming drafted a proposed social gaming ordinance for the Ordinance Board to review and came forward to discuss it with the Board. He stated that since the time that he drafted the ordinance he has had a chance to review it and asked that the following revisions be made: 1. That the term "work/dealer/player" be struck from 11 language, making the term "dealer/player" instead. 2. On Page 4, line 5, add the words "payment of the required fees." 3. On Page 6, Mr. West asked that this section of the ordinance stipulate that the dealer/player display his license when he is actually there. 4. Insert a sentence that says, "Card rooms are limited in their operation to the hours where the establish- ment may dispense liquor." This would be added to the enforcement section. 5. Paragraph A should read that the permission license should be displayed at all times during operation in the card room. 6. Paragraph I on Page 6 should contain the following addition: Permit should be displayed where the dealer is dealing "and in the card room where he is dealing/playing". 7. Paragraph J should include the following addition, ",by the licensee,". Where it has the word "what" it should be changed to "which". 8. The following addition should be made to the fee section: "...allocated to the County Sheriff's Fund and/or to the General Fund." 9. On line 25, the words "by the Board" should be added. 10. Paragraph A should be reworded in order to allow non-liquor serving establishments to apply for card rooms. Page 1 of 6 Deschutes County Board of Commissioners V~L 44 ?A` E 471 October 26, 1982 - Regular Meeting 11. If the establishment is staying open for non-liquor disspensing activities the card room shall be able to continue to operate, allowing it to operate as long as the establishment is open for business and can be inspected. 12. On Page 5 line 22 the following language should be added: "In the event that the establishment dispense liquor" and continue the sentence from that point. 13. On lines 5-7 of Section D, Page 2, the definition of a player as defined under ORS 167.117 (8) be included. 14. The following fee changes should be included: $750 fee for the social gaming permit to the house; $200 for the dealer/player license; and $100 for the investigation fee. There was some discussion in regard to when this should be placed on a general election ballot. It would be held during the first general election in 1983 where all pre- cincts would be going to the polls. Mr. West asked that the Board adopt the ordinance with the emergency clause. It was also noted that the County would have to be provided with information on what games would be played and what rules those games would be played by. Chairman Shepard asked Mr. West to define 'dealer/player' as it is used in the proposed ordinance. Mr. West res- ponded that in answering that he must consider the statute and the advisory opinion issued by the Attorney General. He stated that because of the AG's opinion, the dealer must provide his own table because the house is forbidden from being involved in any way, and the dealer cannot have any relationship to the house. The dealer is also forbidden from having any employees. He stated that the proposed ordinance is consistent with the state statute and the AG's opinion. The dealer is not being compensated by the house so his only compensation is his winnings at the table. Also, according to the proposed ordinance, the person winning a blackjack hand could not have the table unless they were a licensed dealer/player in the county. This would give the dealer the table all the time, which enhances his chances of winning, which will provide him with the income sufficient to make a living. Page 2 of 6 Deschutes County Board of Commissioners' October 26, 1982 - Regular Meeting 4 Jim France, County Sheriff, stated that he could consult with the Sheriff of Tillamook County in regard to enfor- cement of the social gaming ordinance and in the event of a complaint, they could have an official of the Nevada Gaming Commission come here to investigate for approxi- mately $5,000. At this time Rick Isham, County Counsel, stated that this ordinance would be known as Ordinance #82-041, and stated the title that it should be given. MOTION: PAULSON moved that the first reading be by title only and the reading related by County Counsel will serve as first reading. YOUNG: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. John Gelson came forward and stated that this ordinance had only become available for public review the day before and during a nine-hour period he had collected 74 signatures of persons opposed to the ordinance. He stated that the ordinance had strong public opposition and asked that this be placed on a general election ballot before it was adopted by the Board. Charles Quesack, President of the Sunriver Phase I Home- owners Association, read aloud a letter stating the feelings that"members of the community he represent have. They are opposed to the proposed ordinance. They urged the Board to bring this ordinance before the voters before approving it. There were no further comments at this time. It was suggested that the second reading of the ordinance be scheduled in two weeks and a public hearing be held at that time. There was some further discussion in regard to an election date. Chairman Shepard questioned the use of an emergency clause in this ordinance, becuase he did not feel that it's immediate passage "was necessary for the preservation of public health, peace and safety". If it did not have an emergency clause it would not be- come effective for 90 days, which would enable parties opposed to the ordinance a period of time in which to gather signatures to place it on a ballot. Commissioner Paulson stated that the old ordinance had been in effect for seven years which gave the people plenty of time to put it on a ballot. Commissioner Young agreed with Commissioner Paulson's statement. MOTION: YOUNG moved to adopt this motion as revised. PAULSON: Second. Commissioner Paulson stated that he felt that this should be brought back in two weeks and in the interim public notice should be given that they are having the hearing. VOTE: SHEPARD: NO. PAULSON: NO. YOUNG: AYE. Page 3 of 6 Deschutes County Board of Commissioners October 26, 1982 - Regular Meeting va 4 FAp- Consideration MOTION: PAULSON moved to approve the contract as sub- of Hearings mitted by the Hearings Officer for covering Officer Con- the activities of the Hearings Office after tract November 5, 1982. YOUNG: Second. Mike Maier, Administrative Services, stated that this contract would cover the November 9 hearings for the City of Bend, but the County would give the city their 30-day notice of contract termination, and after that arrangements could be made on a per-hearing basis. This will be done through a new contract. The contract with the City of Redmond will also be terminated and a new one could replace it. The cost-per-hearing amount to the cities would be based on the amount of Hearings Officer's time with the secretarial/administrative costs added. It was noted that County Counsel had not yet had the opportunity to review the contract. Commissioner Paulson withdrew his motion with the consent of the seconder. MOTION: PAULSON moved to direct County Counsel to prepare a personal services contract between the County and Myer Avedovech to act as Hearings Officer for the county following the basic guidelines in the memo of October 18, 1982 to the Board. YOUNG: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. MOTION: PAULSON moved to inform the Cities of Bend and Redmond that the County is hereby giving notice that we will cancel the Hearings Officer contract with them in thirty days and renegotiate. YOUNG: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. It was agreed that this contract could be signed outside the meeting. Discussion re-Neil Hudson, Director of Public Works, stated that they garding Con- are in the process of retaining a consultant to analyze sultant for the finances of the landfills and do a public opinion the Solid survey and also determine how the landfills should be Waste Depart- funded. He said that they had contacted three consult- ment ants and two of those had submitted proposals. The Solid Waste Advisory Committee recommended that R.A. Wright Engineering should be retained for the study. Mr. Hudson estimated that this study would cost approximately $10,000. He will negotiate with them further and come back before the Board to make a final recommendation. Page 4 of 6 'f Deschutes County Board of Commissioners VOL October 26, 1982 - Regular Meeting MOTION: YOUNG moved to contract with R. A. Wright and negotiate the cost with them. PAULSON: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Other Staff/ There were no discussions under this topic at this time. Public Con- cerns MP-81-36, MOTION: PAULSON moved to approve MP-81-6. Sun Country YOUNG: Second. Land and VOTE: SHEPARD: AYE. Cattle PAULSON: AYE. YOUNG: AYE. Final Plat Craig Smith, Planning Department, stated that this was #614, Nasu an extension of the existing subdivision and it was zoned Park 1st RS. Addition MOTION: PAULSON moved to approve Final Plat #614. YOUNG: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Final Plat MOTION: PAULSON moved to approve the plat for Ski for Ski House III condos for Mt. Bachelor Village. House III, YOUNG: Second. City of Bend VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Contract Mod- MOTION: PAULSON moved to approve the contracts with ification for the Mental Health Division. Mental Health YOUNG: Second. This was to amend some contract language, which the Board discussed briefly. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Requests for Before the Board were five requests for refund. The first Refund was in the amount of $135 to Donald Lambert from the Environmental Health Department. The next one was for Dewey Warner in the amount of $23 from the Building Depart- ment. The next one was to Joseph Vanderkist in the amount of $135 from the Environmental Health department. The next one was to Gray, Fancher, Holmes and Hurley in the amount of $90 from the Planning Department. The next one was to Alan Riehl in the amount of $20 from the Envir- onmental Health Department. The Board approved all five requests. Page 5 of 6 w i Deschutes County Board of Commissioners October 26, 1982 - Regular Meeting Order 82-350, This weight limit had been recommended by the Public Establishing Works Department. Chairman Shepard read the order aloud 10-ton weight by title only. limit on MOTION: YOUNG moved to establish a ten ton weight Paulina-East limit on Paulina-East Lake Road. Lake Road PAULSON: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Being no further business at this time, Chairman Shepard recessed the meeting until the next day at 10:00 A.M. DESCH//UTE COUNTY BOARD 0 COMMISSIONERS l'f CLAY EPARD, C I N ROBERT C. PAULSON, JR., COMMI ONER ALB A. YOUNG, ISS R /ss Page 6 of 6