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Hines passes marijuana business ordinance

After City Administrator Judy Erwin read it in full, and then by title only, the Hines Common Council unanimously agreed to approve Ordinance 317 during the regular meeting on Feb. 13.

Ordinance 317 amends sections of Ordinance 295 and Ordinance 314, regarding marijuana business permits and time and manner restrictions for marijuana businesses.

During the previous meeting on Jan. 23, the council considered two drafts of Ordinance 317. The difference between the drafts was the amount of buffer space that would be required around marijuana-related businesses.

Following a lengthy discussion, the council voted to approve the draft that states: “A marijuana dispensary or retail sales outlet must not be located (a) at the same address as a marijuana grow site, (b) within 1,000 feet of the real property comprising a public or private elementary, secondary, and/or career school attended primarily by minors, (c) within 1,000 feet of a park where minors are known to congregate, (d) within 1,000 feet of a residential zone, (e) within 2,000 feet of another dispensary or retail sales outlet, and/or in any area not expressly permitted under the city of Hines Code of Ordinances. A marijuana processor, producer, or wholesaler must not be located within 1,000 feet of a residential zone.”

The council also agreed to include language that excludes the industrial park from the buffer zones. Additionally, a permit fee of $75, with a renewal cost of $50, and an annual fee of $1 were included in the ordinance.

The draft was approved by a 4-2 vote, with Councilors Ray Breshears, Robert Beers, John Mims, and Dan Grigg voting in favor, and Councilors Ron Williams and Diane Rapaport voting nay.

However, during the meeting on Feb. 13, Rapaport described the ordinance as “a very decent compromise.”

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Erwin reported that a workforce housing project is being planned on West Ridge that will consist of five fourplexes. Each apartment within the fourplexes will have one bedroom and one bathroom.

“They’re going to be prefabricated, brought here, and set up, but all of the prep work — the grading, the landscaping, the concrete work, the roofs — all of that stuff is going to be sublet out locally,” Erwin said.

The council agreed to provide the water and sewer hookups at cost.

Rapaport asked what the term “workforce” means, and Erwin replied that examples of possible tenants would include people who come to the area to work on a two-year Bureau of Land Management contract or hospital-recruited employees who want to get to know the city before they purchase property.

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Erwin also reported that the council received a thank-you letter from the Burns Elks Lodge for its contribution to the lodge’s public address system fundraiser.

The council also received a thank-you letter from the Harney County Chamber of Commerce for decorating a table at the awards dinner. Erwin noted that the table received the People’s Choice award.

Erwin announced that Rod Klus of the Oregon Department of Fish and Wildlife will attend the next council meeting to discuss a pilot project to address the deer population in the cities of Burns and Hines.

She also announced that Hines was awarded a $50,000 grant for street repairs. She said the grant application included proposals to repair Hanley and Roe Davis, but she doesn’t know how far the money will stretch or whether it will be received this or next budget year.

Erwin also discussed Tom Choate’s offer to pave Hines’ streets at no cost for two weeks, as long as the city purchases the necessary supplies.

After contacting the League of Oregon Cities for advice, Erwin said, “It’s kind of up in the air whether we can [accept Choate’s offer] or not, but we need to talk to our attorney about it.”

She will continue to investigate the matter.

Erwin also provided an update on Federal Emergency Management Agency flood mapping, and stated that she’s writing a request for proposal for an engineer for the water project.

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Police Chief Ryan DeLange reported that there’s been an increase in DUI arrests, and the department continues to receive calls regarding theft, methamphetamine, and minors in possession of marijuana.

He added that the drug Kratom is now on the list to become a controlled substance in the state of Oregon.

During its meeting on July 11, 2017, the council approved Ordinance 315, prohibiting the display, sale, distribution, possession, and use of unlawful intoxicating compounds and psychoactive substances. This ordinance was passed to prevent the selling of Kratom within the city of Hines.

“If we catch somebody with Kratom, we’re just going to take it through city ordinance, instead of taking it through circuit court,” DeLange said, explaining that profits from the citation will go to the city.

DeLange added that the minimum age for legally possessing tobacco in Oregon increased from 18 to 21.

“It’s difficult to cite a 20 year old for smoking a cigarette when he’s been smoking since he was 18, legally,” DeLange said, adding that the department will have a meeting to discuss the situation.

DeLange also reported that the possibility of merging Harney and Grant counties’ dispatch services has been discussed.

However, he said, “We’re still in the very beginning stage. I’m not sure how that’s going to play out.”

DeLange noted that Officer Marc Novak has continued to issue numerous citations (mostly for speeding and lack of driver’s license and insurance), and concluded that, collectively, Burns, Hines, and Harney County law enforcement received 10,000 calls for service in the last year.

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In other business, the council:

• received a report from Fire Chief Bob Spence who said the department completed the third phase of its firefighter academy. Spence also reported that the department received five calls in the last month and stated that there’s been a lot of wrecks this year and last year;

• received a report from Acting Maintenance Supervisor Jerry Lewellen;

• reviewed the audit with Cara Wilber of Oster Professional Group.

Wilber said the city received a clean, unmodified opinion.

“An unmodified opinion is the best opinion we can give. It means that we didn’t find anything significantly wrong or any significant adjustments we needed to make,” Wilber explained;

• approved a business license application for Malheur Machinery, an agricultural equipment dealer;

• agreed to cover the cost to send Erwin to the Citycounty Insurance Services conference Feb. 28 through March 2.

The next council meeting is scheduled for 6:30 p.m. Tuesday, Feb. 27, at city hall.

Samantha White
Samantha White was born and raised in Harney County, and she graduated from Burns High School in 2005. After high school, she attended the University of Oregon where she earned a bachelor of arts degree in magazine journalism. White was hired as a reporter for the Burns Times-Herald in September 2012.

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