CITY OF HAINES



CITY OF HAINES

BUDGET HEARING AGENDA

TUESDAY

JUNE 13, 2017 CONVENE: 6:00 PM

LOCATION: CITY HALL

ROLL CALL

Public Hearing for the Adoption of the 2017-2018 Budget

A) Public comments/testimony

B) Discussion and adoption of the 2017-2018 Budget

C) Approval of Resolutions:

• #R-1706-2 Transferring Appropriations between funds 2016-2017 year

• #R-1706-3 Adopting the Budget for the fiscal year 2017-2018, Making Appropriations, Levying Taxes and Declaring the City's Election to Receive State Revenues

COUNCIL MEETING AGENDA

JUNE 13, 2017 CONVENE: 6:15 PM

LOCATION: CITY HALL

Mayor's Report

• Clarify Marijuana Issues

Consent Agenda

The items on the Consent Agenda are considered routine and all will be adopted by one motion unless a Council Member or a person in the audience requests, before the vote on the motion, to have any item considered separately. If any item is removed from the Consent Agenda, it will be discussed immediately following the vote for the other items on the consent agenda.

• Minutes of May 9, 2017 Council meeting.

• June accounts payable.

• Resources and obligations report - May

City Recorder/Public Works Reports

• Reports

Administrative Matters

• Request for Approval of Location of the Baker Valley Mennonite Church and Powder Valley Christian School in Elkhorn Grange 925 Third Street

• Water & Sewer Rate Increase

Unfinished Business

New Business

Public Comments

The City of Haines complies with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act. Assistance is available for individuals with disabilities by calling 856-3366 or the Oregon Telecommunications Relay Service. Their phone numbers are: TTY: 800-648-3458/Voice: 800-848-4442The City of Haines is an equal opportunity Employer and Provider. Complaints of Discrimination should be sent to USDA Director, Office of Civil Rights, Washington, D.C. 20250-9410

Approved

Council____________________ Date_________________________

CITY OF HAINES

BUDGET HEARING

JUNE 13, 2017

CONVENED: 6:00 PM

CITY HALL

Mayor Jim Brown opened the June 13, 2017 City of Haines Budget Hearing at 6:00 pm. Council members present were Katie Jones Bedolla, Lisa Whited, Ken Bain, Don Adcock, John Shurtleff and Connie Pound Lewis. Also present were City Recorder Valerie Russell and Public Works Brandon Fry.

Citizens present: Sandy Wood, Garla Rowe, Jody Anthony, Angie Shurtleff, JoAnn Illingsworth, Travis Cross, Marie Dillman and Cindy Endicott. Planning Director Richard Howe was also present.

Public Hearing for the Adoption of the 2017-2018 Budget

Public Comments/Testimony

There were no public comments.

Discussion and adoption of the 2017-2018 Budget

There was no Council discussion concerning the 2017-2018 Budget.

Councilor Jones-Bedolla made a motion to adopt the 2017-2018 Budget. Councilor Adcock seconded the motion. The motion passed with unanimous consent.

Approval of Resolutions

Resolution #R-1706-2 Transferring Appropriations between Funds 2016-2017 year.

City Recorder Valerie Russell read aloud Resolution #R-1706-2 to the Council.

Councilor Pound-Lewis made a motion to accept Resolution #R-1706-02. Councilor Shurtleff seconded the motion. The motion passed with unanimous consent.

Resolution #R-1706-3 Adopting the Budget for the fiscal year 2017-2018, Making Appropriations, Levying Taxes and Declaring the City's Election to Receive State Revenues

City Recorder Valerie Russell read aloud Resolution #R-1706-3 to the Council.

Councilor Jones-Bedolla made a motion to accept Resolution #R-1706-3. Councilor Shurtleff seconded the motion. The motion passed with unanimous consent.

There was no further discussion on the 2017-2018 Budget.

Mayor Brown adjourned the 2017-2018 Budget Hearing at 6:10 pm.

Approved

Council____________________ Date_________________________

CITY COUNCIL MEETING

JUNE 13, 2017

CONVENED: 6:10 PM

Mayor Jim Brown opened the June 13, 2017 City Council meeting at 6:10 pm. Council members present were Katie Jones Bedolla, Lisa Whited, Ken Bain, Don Adcock, John Shurtleff and Connie Pound Lewis. Also present were City Recorder Valerie Russell and Public Works Brandon Fry.

Citizens present: Sandy Wood, Garla Rowe, Jody Anthony, Angie Shurtleff, JoAnn Illingsworth, Travis Cross, Marie Dillman and Cindy Endicott. Planning Director Richard Howe was also present.

Agenda Item No. 1 – Administrative Matters

Request for Approval of Location of Baker Valley Mennonite Church and the Powder Valley Christian School in Elkhorn Grange 925 Third Street

Planning Director Richard Howe explained to the Council that there had been a request to see the Conditional Use Permit for the Baker Valley Mennonite Church and the Powder Valley Christian School to be located in the Elkhorn Grange. Richard stated that there is not a provision in the current Land Use Plan and Zoning Ordinance for Conditional Use Permits, instead what is required is Council approval for this type of use as a Church and School in a Commercial/Residential zone.

City Recorder Valerie Russell read aloud the request from the Elkhorn Grange to allow the Baker Valley Mennonite Church and the Powder Valley Christian School to be located in the Elkhorn Grange. The request was submitted by Joann Illingsworth on behalf Elkhorn Grange #908.

Discussion followed.

Councilor Whited stated “The contingencies within this city should have a say so, the public, should be able to say if whether a school resides there at a hearing. The individuals don’t live, don’t reside, don’t have anything to do with our community, don’t bring things economy wise to this community. I feel that it needs to be left up to the contingencies of this community the tax payers, the ones that pay water and sewer, property tax and the business owners, the people it effects. It has effects on businesses and the face value of certain businesses.” Councilor Whited also commented that she did not appreciate the City spending money to buy personal signs for them. The Powder Valley Christian School signs.

City Recorder Valerie Russell stated that the City did not purchase the “Powder Valley Christian School” sign.

Mayor Brown explained that the City did purchase the school zone signs, just like for any other school.

Councilor Whited also stated that the City deemed the Powder Valley Christian School, a legitimate school.

Joann Illingsworth stated that the Mennonite Church purchased the Powder Valley Christian School sign and the Mennonite Church registered the Powder Valley Christian School as a school with the state of Oregon before the Elkhorn Grange would allow them to be located in the Elkhorn Grange approximately four years ago.

Councilor Jones-Bedolla commented on when Joann Illingsworth came to the Council concerning the Elkhorn Grange being charged for water and sewer services and when approximately that had taken place. She said that on some level the fact that the Council stated that it was a school and that they should pay utilities was recognition that it was a school.

City Recorder Valerie Russell stated that she would have to look in the records, but she thought it was approximately in the spring of 2015.

Councilor Adcock pointed out that no one on the Council had a problem with the school being located in the Elkhorn Grange at that time.

Planning Director Richard Howe stated that it sounded like a conflict of interest to him.

Mayor Brown explained that City Attorney Dan Van Theil had said that the school was already established and even if it should have been approved by the Council, it was just a mistake. Dan stated that one way to correct the mistake would be to go ahead and go through the approval process. Dan stated that the City did not have to do anything but it was an option.

Councilor Bain made a motion to allow the Baker Valley Mennonite Church and the Powder Valley Christian School to be located in the Elkhorn Grange. Councilor Shurtleff seconded the motion. Councilors Jones-Bedolla, Pound-Lewis, Bain, Adcock and Shurtleff voted yes. Councilor Whited voted no. The motion passed with majority consent.

Mayor Brown also commented that the OLCC stated that the Powder Valley Christian School would not have an effect on the Frontiers OLCC licensing or expansion of a patio. And would not have an effect on future licenses if the business was sold to another individual as long as they qualified to be licensed.

Agenda Item No. 2 – Mayors Report

Clarify Marijuana Issues

Mayor Brown explained that he wanted to clarify the marijuana issues that took place recently and present the documented facts to the Council and community.

Councilor Whited declared that there was a conflict of interest concerning the marijuana discussion and stated that she was removing herself as a Council member due to a conflict of interest.

Mayor Brown stated that shortly after the May Council meeting the City received a phone call from Scott Winkles from the League of Oregon Cities concerning the marijuana issues and the Powder Valley Christian School. Someone contacted Senator Ted Ferrioli who in turn contacted the League of Oregon Cities and asked them to investigate the Powder Valley Christian School and the marijuana issue. After discussing the events with League of Oregon Cites they reassured the City that the City followed all the legal guidelines concerning the marijuana issues.

Mayor Brown recapped the timeline of events. Beginning with the first Land Use Compatibility Statement that Top Shelf Dispensing LLC, Jerry Endicott and Lisa Whited, submitted to the City for a marijuana dispensary and grow facility. When the City was presented with the application Jerry and Lisa were informed that they could not put the dispensary within 1,000 feet of the school. The Powder Valley Christian School is located much closer than 1,000 feet. Lisa had stated that it was not a school and it was not on the OLCC’s school locator map. She also stated that the school was over 1,000 from their proposed facility site.

Lisa commented that she was referring to the public Haines Elementary School being located over 1,000 feet from the proposed facility and was not referring to the Powder Valley Christian School. She also reiterated that the City officials deemed that the Powder Valley Christian School was a school.

Mayor Brown explained that Lisa had been told that the City needed to do their own research on the matter. Patrick Owen from the OLCC was contacted and the OLCC and the OHA (Oregon Health Authority) determined that it was a school and placed it on the locator map along with several other schools around the state. The City did not make the ruling that the Powder Valley Christian School was a school, it was the OLCC and the OHA that made that ruling. Mayor Brown added that the whole incident costs the City a considerable amount of money in attorney fees and expenses for the public meetings.

The City attorney and the League of Oregon Cities advised the City to adopt an ordinance declaring a temporary ban on all marijuana facilities until it could be voted on by the electors in the next general election. At the first public meeting, the public was asked if they wanted the City to proceed with the ordinance. There was a considerable amount of people in attendance and at that time over 20 people provided public testimony that they wanted the City to proceed with the Ordinance, not one person provided public testimony stating that they didn’t want the City to proceed. The City followed the rules concerning passing an emergency ordinance in which case the second and third readings of the ordinance can be conducted in one meeting. At the final public meeting to adopt the ordinance the City was presented with a letter from Top Shelf Dispensary LLC’s attorney threating to sue the City if the Council voted to adopt the ordinance.

Lisa stated that their attorney sent another letter clarifying that one of the requirements to pass an ordinance had been met. Lisa said that there was not a law suit, the letter stated “in the event of a lawsuit”, there is no law suit.

Mayor Brown and City Recorder Valerie Russell stated that they did not receive another letter from their attorney.

The members of this community and the outlaying area were very adamant that they did not want a marijuana facility in Haines and that the City was doing the right thing. The Council adopted the ordinance, it is filed with the OLCC and the OHA and it will be on the ballot in the 2018 general election.

Mayor Brown asked Lisa what her objectives and her intentions were. And also, if she felt that she could be a productive member of this City’s government.

Lisa stated that there is not a lawsuit. She commented that she felt that she was a productive member of the City government, she always does her homework and comes to the meetings prepared.

Councilor Adcock asked Lisa about confronting him in the Frontier concerning the matter.

Councilor Shurtleff commented that he was not aware of anything to do with the proposed marijuana business until it was surprised on the Council.

Mayor Brown stated that Top Shelf Dispensing LLC never came to the Council with a proposal. The City was just presented with a Land Use Compatibility Statement. At that time Lisa stated that the Powder Valley Christian School was not a school. Even though the City had established, according to state law, that there was not a location in the Haines Commercial zone that was outside of the 1,000-foot radius of the school that would allow for a marijuana dispensary. Lisa said that was incorrect because the Powder Valley Christian School was not a school.

Mayor Brown also commented that there is a question of ethics. The Oregon Government Ethics Commission stated that there are grounds to file a complaint against Councilor Whited, the main concern was the threat of a law suit, but it is up to the Council whether they want to file a complaint or not.

Lisa Whited stated the letter referred to a law suit if the ordinance was enacted illegally and that they were not threatening the City.

Councilor Bain commented on the statement in the letter “in the event of a law suit” in the event of a law suit you would be suing us. That means that you were threating us that you could sue us. He added that he did feel threatened by the statement in the letter.

Lisa commented that it would have been Top Shelf Dispensing LLC that would have filed that lawsuit not her personally.

Mayor Brown stated that the City should have been notified that this issue was resolved and there was not going to be a law suit filed.

Lisa said that there was another letter that went to the City Attorney Dan Van Thiel rescinding the earlier statement of a lawsuit, but she did not know exactly what it said.

Agenda Item No. 3– Consent Agenda

Councilor Pound-Lewis made a motion to accept the consent agenda. Councilor Jones-Bedolla seconded the motion. The motion passed with unanimous consent.

Agenda Item No. 4 – City Recorder/Public Works Reports

City Recorder

Misc.

City Recorder Valerie Russell explained that she has been busy finishing up the budget. The permit to close Hwy 30 for the 4th of July parade has been obtained and the Union Pacific Railroad has been notified of the event. After the 4th of July events are over focus will be put on ordinances for the Private Use of Public Property and the final editing of the Development Code. After the final editing of the Development Code it will be sent to the State for their review and then the City can begin the public hearing process.

Public Works

Peace Park Irrigation

Public Works Brandon Fry explained that the first phase of the Peace Park irrigation is to install a 2” service which will be tapped into the main line. The parts have been ordered and by shopping around saved $124.00 from the original quote. The installation will take place after the 4th of July.

License for Spraying

A citizen approached Brandon concerning a certification to spray herbicide. Brandon is spraying 2-4-D which is purchased at D&B Supply. Brandon contacted Tim Butler that is the manager of Oregon Noxious Weed Control in Salem, Oregon. Tim stated that as far as he knows there is no certification required to spray herbicides on the rights of way.

Certified Water Operator

Certified Water Operator Jason Green has requested a monthly update of the City’s water system activities. He initially emailed Valerie asking for an update of the system activities. Brandon sent Jason his notes on the system since he started working for the City in January and will send monthly updates.

Power Outage

On June 8th, there was a brief power outage that resulted in the alarm to sound at the well which required a reset. On June 9th Brandon went to the sewer lift station to collect the daily readings and discovered that the lift station was overflowing. Apparently, there had been a partial power outage, there was 110 volts and 220 volts but not 440 volts to power the pumps, so the alarms never sounded and the backup generator did not kick on. Baker City Public Works was contacted and they sent out a tanker truck to pump the sewage along with Baker Sanitary. They pumped a total of 4 loads that was hauled to the sewer lagoons. OTEC was contacted to repair the power problem which was determined to be a blown fuse on the pole. The generator did not turn on because the battery was dead.

Agenda Item No. 5 – Administrative Matters

Water & Sewer Rate Increase

Mayor Brown explained that in order for the City to be eligible to apply for grants and loans the water rate must be $49.00 per month, which is considered to be the affordability rate of Haines. The affordability rate is calculated on the income level of the residents of the community. The City has been raising the water rate in increments of $3.00 annually to meet that goal. There is a possibility that the affordability rate could be lowered when the interpolation of the recent community income survey is complete. The sewer rate requires an increase because the sewer fund is not sustaining itself. The proposal is to increase the sewer rate $1.00 per month.

Councilor Shurtleff made a motion to increase the water rates $3.00 per month and the sewer rates $1.00 per month effective July 1, 2017. Councilor Bain seconded the motion. The motion passed with unanimous consent.

Agenda Item No. 6 – Unfinished Business

Bandstand

Councilor Whited questioned if the repair of the bandstand in the park was going to be completed by the 4th of July.

Councilor Adcock reassured everyone that Councilor Shurtleff and him would have the bandstand completely repaired before the 4th of July.

Councilor Shurtleff suggested to remove a section of the fence around the park by the bandstand for easier access instead of having to climb over the fence or walk clear down to opening. There is a broken section and so the removal would not be difficult.

Everyone agreed that would be a good idea.

Agenda Item No. 7 – New Business

Customer Sewer Installation

Mayor Brown explained to the Council that a customer is refusing to pay for a new sewer installation. The customer had initially had the water installed and paid for that installation. The sewer was installed later and the customer is refusing to pay because they said they never authorized the installation even though the City has an estimate that they both signed. The options are a lawsuit or placing a lien on the property. The party has the water shut off at the meter during the winter months and now want it turned back on, but the City has not turned the water back on because of the non-payment of the sewer installation and the customer is protesting the matter. Mayor Brown asked the Council to make a decision on a lawsuit, lien or to refuse to turn on the water until payment of the sewer installation is received.

Council agreed to not turn on the water until payment of the sewer installation had been received.

Agenda Item No. 8 – Public Comments

There were no public comments.

Meeting adjourned at 7:30 pm.

All aforementioned documents are herein attached and part of the record.

Respectfully submitted,

Valerie Russell, City Recorder

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