During its meeting on Dec. 15, the Hines Common Council resumed its discussion concerning adopting an ordinance that would allow the city to opt out of any one (or more) of the state-licensed or registered marijuana businesses.

Both Harney County and the city of Burns have passed ordinances prohibiting all six categories of marijuana businesses within their jurisdictions. These businesses include medical marijuana processors, medical marijuana dispensaries, retail marijuana producers, retail marijuana processors, retail marijuana wholesalers, and retail marijuana retailers.

According to the Oregon Liquor Control Commission’s (OLCC’s) website, a processor is a business that transforms raw marijuana into another product or extract. Processors are also responsible for packaging and labeling recreational marijuana. Producers are also known as growers. Wholesalers buy in bulk and sell to resellers (rather than consumers), and retailers sell directly to consumers.

City Administrator Joan Davies explained that this was the council’s final opportunity to pass an ordinance, as the next council meeting will be held after the deadline.

Councilor Loren Emang presented data regarding the health concerns associated with smoking marijuana. He added that he didn’t see the value in allowing recreational marijuana, and thinks medical marijuana should be offered in the form of pills that are distributed through pharmacies.

“Where do you think pharmacies are going to get it?” Councilor Hilda Allison asked, explaining that the supply would depend on marijuana businesses.

Emang said he didn’t want to opt out of businesses that grow marijuana, just those that dispense it. Allison and Councilor Rod Bennett said they didn’t want to opt out of any of the marijuana businesses.

They added that there are a variety of options for using medical marijuana, aside from smoking it. Councilor Dick Baird noted that medicinal oils lack THC (marijuana’s primary mind-altering compound).

Allison said cannabis can be used for a variety of other products, including cosmetics and toiletries.

She added that the businesses would provide revenue that could be used to benefit the community.

“If you don’t let somebody develop something, you are standing in front of a free enterprise that might help everyone,” Baird added.

According to An Overview of Oregon’s Recreational Marijuana Program, an article by Katherine Thomas, League of Oregon Cities Assistant General Counsel, “Cities that prohibit OLCC licensees from operating within their jurisdictions will not receive any state tax revenues after July 1, 2017.”

Davies said Hines might also be able to impose local taxes, and she provided copies of an ordinance adopted by the city of Ontario. However, Mayor Nikki Morgan questioned the legality of imposing local taxes.

According to Thomas’ article, Measure 91 “purports to prohibit cities from imposing local taxes on marijuana.” However, the article adds that, “Nonetheless, to date, more than 60 cities have imposed such taxes based on different legal theories and interpretations. Those taxes have not yet been tested in court.”

Davies noted that overtaxation could price legitimate businesses out of the market.

The council also discussed where marijuana businesses could be located within the city. According to the OLCC’s website, medical marijuana dispensaries and recreational marijuana retailers may not be located within 1,000 feet of a school. Davies provided a map showing property buffers for Hines’ schools, noting that very few areas within the city’s jurisdiction would meet this qualification.

Allison said, “I’m looking at the map saying, ‘It’s practically nil,’ but why get ourselves out of an opportunity?”

Emang warned of the social costs of allowing these businesses, but Bennett asserted that a lot of information concerning marijuana isn’t based on scientific facts. Morgan added that anything from gasoline to potato chips can be abused.

Davies said, whether or not the ordinance is passed, adults will be allowed to grow and use marijuana in the city.

Morgan asked if the council had reached a consensus. Baird, Allison, Bennett and Councilor Ron Williams said they didn’t want to opt out, and Emang said he did. Councilor John Mims wasn’t present during the meeting. An ordinance was not passed.

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Police Chief Ryan DeLange said the department had been swamped. He added that Officer Casey Held may be leaving the department, as he interviewed for a position with the state police. DeLange also informed the council that Alan Johnson volunteered to serve as a reserve officer.

After some discussion, the council agreed to reinstate the department’s reserve program.

DeLange reported that Officer Roxane Ellis is doing an excellent job, and the council welcomed her aboard.

DeLange added that he recently wrote two citations for underage marijuana use.

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Public Works Department Lead Worker Jerry Lewellen said Randy Tiller and Lee Thumberg, recently hired utility workers, are doing well in their new positions. He said they’ve already responded to a water main that broke on Roanoke Avenue, and they’ve been busy plowing snow.

“Whenever it snows, we appreciate you guys so much,” Morgan said.

Lewellen said the grader could use two new tires. Expressing safety concerns, Williams, Bennett, Davies and Morgan stated that the tires should be purchased as soon as possible.

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Fire Chief Bob Spence reported that the Hines Volunteer Fire Department (HVFD) assisted the Burns department with 10 calls, including a structure fire on Thursday, Dec. 10. Spence said firefighters were unable to enter the building because it was too dangerous.

Davies said the building was full of antiques, and US Bank set up an account for donations to assist owner John Mims.

Allison asked whether it’s now safe to enter the building, and Spence replied that it isn’t.

He added that the safety of firefighters and community members is the department’s number one priority, but firefighters do their best to salvage property when they can. He explained that, whenever possible, firefighters place tarps over furniture, put runners over carpets, and save irreplaceable possessions such as family photographs.

“Bob, that just touches my heart that you try to save peoples’ things. That’s a big deal,” Davies said.

Spence added that Glen Williams, owner of Central Pastime, donated seven large pizzas to the firefighters.

“People like that are pretty nice to have in the community,” he said.

Spence also reported that the annual Grant-Harney training is set to begin in January, and he thanked Davies for assisting with the purchase of a new air compressor to replace the one that stopped working.

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The council also discussed issues concerning the doors at the HVFD fire hall. A company from Bend came over to fix the inoperative door at Engine 5 and evaluate the other needed repairs. The bill for repairing the inoperative door was $274, and the estimated cost of fully repairing all three doors is about $2,100.

Spence expressed concern about the doors collapsing onto a fire truck.

Morgan asked whether the contractor who installed the doors would be liable for the cost of the repairs. Davies said the doors need to be repaired immediately, as they are a safety hazard, but she’ll discuss the possibility of recovering costs with the city’s attorney.

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The council approved an animal impound contract with Carolyn Mathews of CJ Bar Dog Ranch.

The ranch will provide boarding for all dogs impounded by the city for a period not to exceed five days. Any dog not claimed by the end of the impound period may be adopted or fostered by a new owner or organization. The city, the ranch, and the veterinarian on call will discuss what to do with animals that are not claimed, adopted, or fostered by the end of the impound period.

Sick or injured dogs will be humanely euthanized by a veterinarian to alleviate undue suffering. No other veterinary care will be provided to impound animals without the prior approval of the city.

Impound and veterinary fees will be paid by the owner. If the owner does not pay, the city will be responsible for paying the amount due.

The council also approved a special hold agreement for animals that are not current on their rabies vaccinations and have injured a person.

The special hold agreement also applies to animals that are held by the ranch because the owner is incarcerated (or for other reasons, as approved on an individual basis).

DeLange said he toured the ranch, and he thinks it will be excellent.

In other business, the council:

• received a report from Davies regarding a meeting that she attended with the Oregon Department of Fish and Wildlife (ODFW) and the city of Burns to discuss the cities’ deer populations.

DeLange said he’s been hazing the deer with paintballs, which has been helping. He added that he and ODFW District Wildlife Biologist Rod Klus have been discussing the possibility of issuing controlled kill permits to select landowners with properties surrounding the city;

• discussed the 2014 Department of Environmental Quality Material Recovery and Waste Generation Summary;

• received a thank you letter from Kids Club of Harney County for its $100 donation;

• agreed to amend the contract for the preparation of a water system master plan to add required language;

• approved a business license for Jerome Headlands Press, a book production business owned by Diane Rapaport;

• agreed to purchase $30 beef certificates for city employees. The certificates are purchased annually to show appreciation;

• commented that the city’s department heads are doing an excellent job;

• agreed to close city hall at 3 p.m. on Dec. 24 (Christmas Eve) and Dec. 31 (New Year’s Eve).

The next council meeting is scheduled for 6:30 p.m. Tuesday, Jan. 12, 2016, at city hall.