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Hines Council considers Second Amendment Sanctuary Ordinance

The following are the unapproved minutes from the Hines Common Council and Budget Committee meeting held Aug. 10. The minutes were edited for clarity and length.

Mayor Nikki Morgan addressed the council about the Second Amendment Sanctuary Ordinance.

City Administrator Kirby Letham read an email from Councilor Misty Shepherd (who was absent from the meeting) expressing support for adopting the ordinance. 

Councilor Robert Beers said he supports the Second Amendment, but he doesn’t want to put police in a position to fight with the city.

Police Chief Ryan DeLange told the council that officers will be put in a difficult situation, regardless of the council’s decision. 

He explained that many citizens will be upset if the ordinance doesn’t pass. However, if the ordinance passes, police can be fined for enforcing state law. If they oppose state law, they risk losing their certification with the state. 

DeLange also expressed concern that the ordinance could prevent police from investigating felons who move into the area. 

Beers asked whether the ordinance could be worded to allow such investigations, and DeLange suggested working with the city’s attorney on language. 

DeLange added that, eventually, this will become a court case, and someone will be the guinea pig.

Councilors Marsallai Quick and Beers agreed that the ordinance must include language to protect police officers. Morgan and Letham agreed as well.

Beers said he wants the ordinance to be passed with language that would protect police officers and let them do their jobs without fear of reprisals from the state. 

Councilor Amity York said she believes the state is overstepping its bounds. However, she said the ordinance is too broad, and she will not vote for anything that will tie the hands of the police.

Councilor Gary Miller said he backs DeLange 100 percent and believes in the Second Amendment.

Morgan asked DeLange about the city’s policy for guns.

DeLange said police only confiscate guns under the following conditions: 

• if a gun is used in the commission of a crime;

• if the gun is possessed by a felon; or

• if police are responding to a domestic violence situation.

He added that police do not destroy guns, unless the district attorney orders them to. He added that such an order happens very rarely.

Letham said he will work with the city’s attorney on language and report back during the next council meeting.

•••

Letham reported that:

• he is submitting an application for the Small City Allotment Grant from Oregon Department of Transportation (ODOT).

He listed West Pettibone as the street for repair, starting at the highway and going up the hill as far as possible;

• the city currently has a grant earmarked for North Saginaw, which stipulates that the repair will be completed by January 2022. Letham is going to ask for an extension on that grant;

• the Federal Emergency Management Agency (FEMA) project has been in the works for about 10 years.

This project, which aims to recalibrate the floodplain area, is going well and appears to be reaching completion. 

Within the next few months, public meetings will be held to gather feedback. Representatives from FEMA plan to be onsite and tour the area with the city council.

•••

Miller noted that the city is set to receive $314,000 in American Rescue Plan (ARP) funds and asked whether the funds will be used for road repairs.

Letham said he applied for the first installment of $150,000, and that money was budgeted to repair the lift station at the lagoon.

Letham said he’d like to use any remaining funds to create a facility master plan of the wastewater system.

•••

In other business:

• The council approved Resolution 2310, as read, with attached Form 802. 

The resolution approves a ballot measure title on the question of deer population control within Hines city limits.

This question will be posed to residents of Hines. Miller said he’s glad the council agreed to open the decision about the deer population to the residents;

• a third party inspected the street sweeper and gave a good report on its condition. The machine will cost $29,500, plus shipping.

Morgan said the city may be able to work out a deal on shipping, and she will get contact information for a trucking company that comes through town every week. 

Morgan asked about the cost of the brushes. Public Work Superintendent Jerry Lewellen said they cost $300 a set, and the sweeper uses two brushes. 

Quick asked whether a special certification is needed to operate the sweeper. She was told that a standard, valid drivers license will suffice.

Beers made a motion to purchase the 2005 street sweeper in the amount of $29,500, plus shipping costs. Quick seconded and the motion, and it carried.

• the city conducted the first reading of a franchise agreement with Grace Communications LLC, which is doing business as MiWave. 

MiWave is requesting permission to use the city right of way to erect, construct, operate, repair, and maintain certain fiber lines related to the operation of an aerial fiber network within the city of Hines;

• Miller said he would also like to see Hines promote tourism within the city;

• Miller also tendered his formal resignation from the council, and Beers thanked him for his service;

• Quick thanked the public works and fire departments for all they do;

• Beers said he would like the city to adopt a panhandling ordinance. He explained that multiple councilors were under the impression that there is already an ordinance in place, but this is not the case. 

The next meeting of the Hines Common Council was held Aug. 24. 

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