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Hines Council considers ordinance to address drug use in the city

The following are the unapproved minutes from the Hines Common Council meeting held Feb. 9. The minutes were edited for clarity and length.

Police Chief Ryan DeLange said there were 247 calls since his last report, adding that domestic violence calls are “out of control.” He said they are averaging about one per day, and drugs are involved in most of them.

Councilor Gary Miller stated that something needs to be done about the drug problem, at least within city limits, such as passing an ordinance.

City Administrator Kirby Letham said he and DeLange will work with the district attorney and city attorneys to determine what can be done.

Councilor Ron Williams asked whether DeLange discussed this matter with other police chiefs to learn what their cities are doing. DeLange explained that, right now, everyone is waiting to see what will happen.

Williams asked whether the city could pass an ordinance to raise the fine above $100. DeLange said the city could, but it would be going against what the state has set. The city can’t arrest someone on a drug violation. However, it can raise the fine over what the state has set.

Councilor Marsallai Quick asked whether the city can seize property. DeLange said, since it has been decriminalized, he is not sure. If so, it would have to be done through civil court. However, he added that if someone receives multiple violations, it turns into a criminal, rather than civil, violation.

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DeLange also reported that:

• driving under the influence cases are on the rise;

• Allen Johnson was hired as a reserve officer;

• there have been a lot of thefts around town. Items are being taken out of the back of trucks and cars. Residents should not leave items of value in their vehicles at night, especially guns, as they are being taken;

• there have been a lot of traffic stops lately, and quite a few tickets were written;

• there have been several vehicle accidents. The county and state have had a couple of fatal accidents that seem speed related;

• sex abuse and mental-health cases are down;

• he, Burns Police Chief Newt SkunkCap, and other officers visited the schools to talk about drugs;

• the state passed a law that all new police officers must pass a psych evaluation. The officers must travel to Sisters for the test, and it is a $600 charge to the city.

• the state is proposing a bill that would require any new police officer to have a two-year college degree. Otherwise, the officer would not be state certified.

Councilor Quick asked about the justification for this proposal, and DeLange replied that it’s part of the state’s police reform program.

•••

Fire Chief Bob Spence reported that there was  one call to 911 since last month.

There was a two-vehicle crash in front of the Shell station, and it was a hard collision with spillage.

Spence also reported that the Hines fire department has been working with the Burns and Tribal departments as well as Harney County Search and Rescue. They participated in ice-rescue, “Burn to Learn,” and extrication trainings.

•••

Acting Public Works Superintendent Jerry Lewellen reported that they are currently pumping approximately 150,000 gallons of water per day. The lagoon is handling approximately 135,000-140,000 gallons per day. Currently, they are pumping into the overflow lagoon to get it full for the spring.

The department has also been busy replacing missing street signs and plowing snow, and a belt broke on the plow truck.

Letham thanked the department for its assistance with installing new equipment at the skate park. The recently purchased forks for the skid steer were used to move the pieces.

The city also recently purchased a 4-wheeler, which was immediately used to clear snow from the sidewalks.

•••

Letham reported that:

• he will email the council about the Oregon Government Ethics Commission;

• Well No. 3 is currently off-line. The casing is going to be replaced through a change order prior to bringing the well back on-line;

• the Planning Commission is reviewing an ordinance to address Accessory Dwelling Units. Once they complete their review, they will present a recommendation to the council;

• he and DeLange will meet with the 911 board to renew the intergovernmental agreement;

• the city will host Obsidian Days this year. Almost all vendors have said they will come;

• the city plans to host a Fourth of July event in Hines Park this year;

• the city will meet with the engineers and contractors next month to gear up for the water project again;

• the city received several phone calls regarding mosquito control.

Letham explained that the first steps will be discovering mosquito breeding grounds and then spreading larvicide. Next, they will observe where the adult mosquitoes are and use controlled ground spraying to eradicate them.

The city will release information with the February water bills explaining the process and will work to ensure that residents know what’s happening;

• the city aims to have the park-sprinkler bid ready by the end of February for approval at the March 9 meeting;

• he’s been working with the fire department to secure a $50,000 grant for new turnout equipment.

•••

The council conducted the first reading of Ordinance 328, which will enact the $.01/gallon fuel tax that was passed in November 2020. There were a total of 551 votes in favor of the measure and 358 votes against it.

The ordinance, which shall be known as the “City of Hines Motor Vehicle Fuel Tax Ordinance,” will provide additional funds for the construction, reconstruction, improvement, repair, maintenance, operation, and use of the public highways, roads, and streets in the city and those subject to city control.

The council will read the ordinance in its entirety and vote to adopt it during the March 9 meeting. The fuel tax is set to become effective on April 1.

•••

The city budgeted $7,125 for tourism promotion from Transient Lodging Tax (TLT) funds.

So far, the city has received $4,511.53 for this budget year. For the 2019-2020 fiscal year, the city budgeted to spend $9,500 in tourism promotion from TLT funds, but still had $4,445.79 at the end of the year that was moved into “Available Cash on Hand”. A resolution can be written to move the money back to the TLT account, allowing the city to spend the money this fiscal year.

Duane Hutchins and Hilda Allison have both volunteered to work with city staff on this project.

•••

In September 2020, Oregon Department of Transportation (ODOT) released the 2021 Oregon Community Paths Grant Application. In October 2020, Letham submitted a letter of intent to apply. In November 2020, he learned that the city was cleared to apply for the grant.

Valley Golf Club members submitted several concerns about the proposed pathway. The map was modified to address those concerns, and the grant application was submitted Feb. 1.

The city will be notified sometime between March and May if the proposed project will be awarded a grant.

Councilor Miller asked about matching funds. Letham said there are both federal and state grants available. The federal grant requires a 10 to 11 percent match, and the state grant requires a 30 percent match. However, they will accept “in kind” funding such as volunteer hours, money paid to engineers, etc. toward that total.

Miller asked whether the council should vote to approve the matching funds. Mayor Nikki Morgan replied that, until the city receives the award, there is no need for a vote. Letham added that, if the city receives the grant, the match will be budgeted and voted upon.

Next, there will be a design phase. ODOT must provide final approval of designs before construction begins to ensure that project costs fall within the amount of the grant.

•••

In other business:

• Warren Stahl asked that the hand-drawn city map in the Public Works shop be preserved. The council was very receptive to this idea;

• Lola Johnson informed the council that she resigned from her position as the director of the Harney County Chamber of Commerce and thank the council for its support. The council wished her well in her new venture;

• Dustin Beers applied for a business license for Freedom Industries (construction). He has his Oregon Construction Contractors Board License and business insurance, and he already received a business license from the city of Burns. He will begin with drywall and flooring as he builds his experience and client base.

Councilor Williams motioned to approve the business license for Freedom Industries, and the motion carried;

• the council discussed homelessness in Boise, Idaho, which became severe a few years ago.

The city of Boise tried to act and was sued by the American Civil Liberties Union (ACLU). The city of Grants Pass had a similar lawsuit last summer. Both cities lost their cases in the lower courts, and the Supreme Court refused to hear Boise’s case.

As a result of these cases, there are now big changes to how a city can or cannot address homeless camping.

House Bill 3115 was introduced at the state level. It is designed to ensure that cities around the state are aligned with recent federal rulings limiting how local governments can regulate homeless camping. Letham asked the council to research the topic so they can plan to address the issue.

Councilor Williams said Bend is having a “terrible time” with homelessness, and the city needs to do something.

Councilor Miller said he believes homelessness will increase because of COVID-19.

Councilor Quick asked DeLange how many homeless people he sees in a month, and DeLange said he sees about five people.

Letham said, although we cannot criminalize homelessness, if homeless people are committing crimes, they can still be arrested.

Councilor Amity York asked DeLange how homeless camping is different from squatting. DeLange said that squatting involves private property, where as homeless camping involves public property.

The next meeting of the Hines Common Council is scheduled for March 9 at 6:30 p.m.

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