Two vacant Burns council seats filled

Posted on October 15th in News

Local marijuana tax discussed, pending passage of Measure 91

by Randy Parks
Burns Times-Herald

After formally accepting Boyce LaForest’s resignation earlier in the meeting, the Burns City Council appointed Lou Ann Deiter and Dennis Davis from a pool of four candidates to fill the two vacant seats on the council.

Along with Deiter and Davis, Charity Robey and Holly Palmer had also submitted letters of interest in serving on the council.

The council was down to three voting members after Councilor Jerry Woodfin responded to an emergency call for the Burns Fire Department.

The council first voted for two out of the four candidates, and the vote was unanimous in favor of Deiter and Davis. The council took a vote as to who should fill which vacancy. The person filling LaForest’s seat will hold the position until 2016, while the appointee to the vacancy created by the resignation of Linc Reed-Nickerson will be up for election in November. Because it is too late to file to run in the election, the appointee could choose to run a write-in campaign.

By a 2-1 vote, Deiter was appointed to LaForest’s seat, and Davis filled the other spot. The two were sworn in and took their seats on the council.

It was also mentioned that Councilor Nona Popham did not file for re-election, so her seat will also be filled by the upcoming election.

Woodfin did file to run for re-election for his position on the council.


The council held a preliminary discussion on whether the city should impose a local tax on marijuana in the event that Measure 91 passes in the Nov. 4 election.

Some of the aspects of the measure pertaining to the discussion are: Measure 91 legalizes recreational marijuana for persons age 21 and older; permits the manufacture and sale of marijuana subject to state licensing, regulation, and taxation; will be regulated by the Oregon Liquor Control Commission; according to Section 42 of the initiative, the state will have the exclusive right to tax marijuana. Section 58 provides that the provisions of the measure supersede and repeal inconsistent municipal charters and ordinances; Section 84 provides that the measure will take effect 30 days after it is approved by voters.

City Manager Kraig Cutsforth told the council the city’s attorney recommended the council decide before the election if they want to impose a local tax because once the election is over, it would be too late.

Cutsforth said that several cities, including Bend, Roseburg and The Dalles, have decided not to impose a local tax, appearing to believe that such a tax would be validly preempted by the measure, and further cite uniformity of taxation, a desire to avoid litigation, and a general distaste for sales taxes as reasons for choosing not to enact a tax.

Other cities, including Tigard, Ashland, Milwaukie and Rogue River, have opted to impose a local tax, presumingly, believing that Section 58, insofar as it repeals local ordinances and charter provisions, is invalid.

Cutsforth explained that each city will have to decide for itself if it wants to enact a local tax.

Councilor Terri Presley stated that it would be worth looking into.

Cutsforth said he could provide the council with a model of the ordinance passed by Ashland at the Oct. 22 council meeting, and if the council decides to impose a tax, they will have to decide on the tax rate and pass a new resolution.

The council then moved on to a discussion to amend Burns Municipal Code 5.05 concerning business licenses, and declaring an emergency.

Cutsforth presented a draft ordinance for the council’s review, and explained the change is a two-step process. The first step is to change the current ordinance to allow the issuance of the current pending applications for the medical marijuana dispensaries. Then, a second ordinance will be drafted dealing with the time, place and manner of the specific type of business, with a public workshop for input.

The amended ordinance changes the current ordinance from an almost purely regulatory style to one of a revenue style.

Presley expressed concern about violating federal law regarding marijuana, and said the city still has a responsibility to keep the community safe.

Mayor Craig LaFollette stated the city’s legal counsel can explain the ordinance with regards to federal law, and the council agreed to hold a special session to talk with the attorney and get an explanation.


Cutsforth reported the city’s well telemetry system was failing, and there was an emergency need to order a new system at a cost of about $8,200. He added that the radio system at the airport failed, and couldn’t be repaired, and requested approval from the council to replace the radio system at a cost of about $1,800. The council agreed to go ahead with both expenditures.

Cutsforth stated that he is continuing to meet with the Army Corps of Engineers and Federal Emergency Management Agency representatives about the base flood elevation data for the Silvies River watershed, and a meeting has been set for mid-November for the county-wide advisory committee to discuss air quality.


In other business:

• Burns Fire Chief Scott Williamson said his department had received 120 smoke detectors from a State Fire Marshal grant to install in homes, and they have installed 86 in about 20 homes already. He noted that only one of the homes where the new smoke detectors were installed had functional smoke alarms to replace. Williamson said when they install the remainder of the smoke detectors, they will apply for another grant as their goal is to get every residence equipped with them.

Williamson stated that after the council’s last meeting, when a citizen brought concerns about the dry brush near the nature trail, he had gone out to look at the situation and it is too dangerous to try and burn the brush off.

“There’s too much of a fuel load, and it would get out of hand,” Williamson said.

As a precautionary measure, the city maintenance crew cut down the brush on the city’s side of the trail;

• Burns Police Sergeant Newt Skunkcap reported there had been several more vehicle break-ins, and cautioned residents to keep their vehicles locked and to not leave anything of value in their vehicles;

• Public Works Director Dave Cullens requested permission from the council to proceed with an easement along a drainage ditch on the back side of Railroad Avenue. He asked for approval to spend about $8,000 for engineers to survey the area and then get an easement.

Woodfin asked what would happen if a property owner said “no” to having an easement placed on their property?

Cullens stated it would probably come back to the council to see what their next step should be.

Presley made a motion to have Cullens proceed with the easement, but the motion died for a lack of a second.

LaFollette asked Cullens to get more information and bring the request back to the council;

• Treva Spence was in attendance to ask for permission to close East Washington Street from North Broadway to North Alder on Oct. 18 for the Chili Cookoff, sponsored by Xi Delta Gamma. The council granted the request, and the street will be closed off the night before;

• During the citizens concerns portion of the meeting, Grant Gunderson asked about the public workshop for input on the medical marijuana dispensary business licenses. He then told the council that Cave Junction filed suit against the governor, the state of Oregon and the Oregon Health Authority to decide whether the state law authorizing the sale of medical marijuana through dispensaries complies with the state and U.S. constitutions.

“The lawsuit is moving forward. It’s still a federal offense to use or possess marijuana,” Gunderson said.

Gunderson also asked why the city didn’t put a one-year moratorium on the dispensaries when they had the chance? He requested a written reply to the question.

Dr. Tom Fitzpatrick questioned if the council talked to personnel from the schools, law enforcement and health officials before making their decision to allow business licenses for the dispensaries, and, if not, why?;

• Popham stated that the council was accused of not listening to the public on making their decision to allow dispensaries, but since the decision was made, she has received several phone calls in favor of the decision.

“One person said they couldn’t attend the meeting because of health issues. Another was out of town getting their ‘medicine,’ so they couldn’t be at the meeting either. There have been people talking to me from the other side. We have been listening to both sides.

“I also visited with my own doctor, and felt even better about my decision,” she said;

• the council agreed to hold an executive session at 4 p.m. Wednesday, Oct. 22, for a performance review of the city manager and for legal counsel on the Measure 91 local tax issue.

The next council meeting is scheduled for 6 p.m. Wednesday, Oct. 22, at city hall.

Human remains found on Steens

Posted on October 15th in News

On Oct. 7, a deer hunter on Steens Mountain reported finding human remains on the east side of the mountain. The Harney County Sheriff’s Office responded, and located the human remains.

A search was conducted of the area on Oct.7-8, and the remains were recovered. The remains were forwarded to the Oregon State Medical Examiner to confirm the identity.

The case remains under investigation.

SandersAt approximately 6:35 p.m., Wednesday, Oct. 8, Grant County Sheriff Glenn Palmer confirmed Shane Sanders, 41, was taken into custody by his department. Sanders was lodged in the Grant County Jail on several charges, including menacing and unlawful use of a weapon.

Sanders was the subject of an extensive search by Grant County Sheriff’s Office, with the assistance of Oregon State Police (OSP) and the OSP SWAT team, after fleeing the Seneca area Wednesday morning as law enforcement officers responded to a shots fired incident during a domestic disturbance at a cabin in Seneca. After law enforcement officers arrived in the area, they heard additional shots. An armed suspect, identified as Sanders, was seen fleeing in the darkness and was the subject of an area search. There were no known persons injured.

After re-opening area roads Wednesday afternoon following a several-hour search, law enforcement personnel remained in the area. Officials believed there was no public safety threat at that time.

by Randy Parks
Burns Times-Herald

Austin Roath breaks free for a 48-yard touchdown run in the second quarter of Crane’s win over Harper/Huntington. (Photo by SAMANTHA WHITE)

Austin Roath breaks free for a 48-yard touchdown run in the second quarter of Crane’s win over Harper/Huntington. (Photo by SAMANTHA WHITE)

Following a scoreless first quarter, the Crane Mustangs scored three touchdowns before halftime, and cruised to a 66-26 victory over Harper/Huntington (H/H) in their homecoming football game on Friday, Oct. 10.

The Mustangs’ Jack Bentz completed nine of 15 passes for 247 yards and three TDs, and Austin Roath rushed for 168 yards and one score on nine attempts.

H/H received the opening kickoff and began a long, time-consuming drive that ended with the LocoNets going out on downs at the Crane 8 with less than two minutes left in the first quarter.

The Mustangs responded with a 92-yard scoring drive, finished off with a 30-yard touchdown pass from Bentz to David Steeves.

Crane scored on their next two possession, a 30-yard pass from Bentz to Matt Witzel and a 48-yard run by Roath, to lead 22-0 at halftime.

Crane made it 30-0 on their first possession of the second half, as Bentz found Witzel open for a 25-yard scoring pass, and Travis Landon ran in the two-point conversion.

H/H cut the lead to 30-6 on a 44-yard touchdown run by Dakota Allaire, but  Crane came right back with a score of their own, as Landon ran it in from five yards out.

The LocoNets then put together a 56-yard scoring drive, getting the touchdown on a 1-yard run by Nathan Joyce to make it 36-12.

Steeves capped off the Mustangs’ next drive with a 2-yard scoring run, and following a H/H fumble, Landon raced into the end zone from 36 yards out to make it 50-12.

Allaire broke free for a 78-yard TD run on the LocoNets’ next possession, but any hopes of an upset went down the drain with an 85-yard return for a touchdown by Landon on the ensuing kickoff.

Both teams tacked on one more score as the final minutes ticked away to provide the final margin of victory.

Crane is 2-0 in league play, and 4-1 overall. On Friday, Oct. 17, the Mustangs take on Dayville/Monument (0-3, 1-5) at 1 p.m. in Monument.


H/H      0      0     12     14     26

Cra      0     22    20     24     66

Second quarter

Cra — David Steeves 30 pass from Jack Bentz (run failed)

Cra — Matt Witzel 30 pass from Bentz (Travis Landon run)

Cra — Austin Roath 48 run (Steeves run)

Third quarter

Cra — Witzel 25 pass from Bentz (Landon run)

H/H — Dakota Allaire 44 run (run failed)

Cra — Landon 5 run (pass failed)

H/H — Nathan Joyce 1 run (pass failed)

Cra — Steeves 2 run (run failed)

Fourth quarter

Cra — Landon 36 run (Steeves run)

H/H — Allaire 78 run (Joyce run)

Cra — Landon 85 kickoff return (Steeves run)

H/H — Austin Dixon 14 pass from Joyce (run failed)

Cra — Bentz 46 pass from Landon (Landon run)


Individual statistics

Rushing — H/H, Schweitzer 3-3, DeSantiago 5-10, Dixon 2-16, Allaire 10-123, Joyce 25-165. Crane, Valentine 1-11, Landon 5-22, Bentz 6-92, Steeves 4-40, Roath 9-168.

Passing — H/H, Joyce 4-6-0 41. Crane, Bentz 9-15-0 247, Landon 1-1-0 46.

Receiving — H/H, Dixon 1-14, Allaire 3-27. Crane, Landon 1-25, Bentz 1-46, Steeves 3-94, Roath 1-22, Witzel 4-106.

OBIT Hindman webMiles “Rich” Hindman, 74, of Redmond, passed away Oct. 7.

Rich was born in Baker to Charles Maurice Hindman and Lilly Isabbell Manary on May 31, 1940. He was raised a country boy in Durkee, where he was educated in a one-room schoolhouse. After attending high school in Baker, he went to business college and began his professional career, initially as a bookkeeper.

He married Mary Ann Nemec July 22, 1961. They lived in Baker before relocating to Burns in 1975, then Redmond in 1980, with Rich working in the grocery industry for more than 40 years, 33 of which were spent with Safeway.

Rich became an esteemed and beloved member of his communities through the infectious smile and warm, magnetic personality he brought to work every day. After retiring in 2000, he spent time in the Western United States, golfing and going on adventures with his wife. He reentered the workforce three years later in order to cultivate more warm, caring relationships similar to those he built throughout his career.

Throughout his life, Rich was an avid hunter, golfer, bowler and horseshoe player. He was an active member of the Redmond Elks Lodge for many years where he became an Exalted Ruler.

As a father, he became a fan of the Burns Hilanders, following his son’s athletic competitions. In later years, Rich passionately supported his grandsons’ sports teams in Redmond, and became a second grandpa to many of their teammates and friends. He was a proud member of the Rattler baseball club, and later, attended many home and away Redmond High School athletic events.

Rich and Mary Ann spent several months out of every year in Santa Cruz, Calif. with their daughter, Lisa, and her family. Grammy and Papa were very devoted to their grandchildren, attending sports and school events, plays, and going on walks. Their time together allowed them to make lots of memories, including sharing holidays, snuggles on the couch and playing together.

Richie held many people near and dear to his heart, including his siblings and their spouses; Joe and Sharon Hindman, Billy and Jeanette Hindman, Paul and Jan Osgood, Jim and Erin Hindman, Eddy and Margit Hindman, Betty Hindman and his many nieces, nephews and cousins. The extended Nemec family was also always very important to Rich.

Rich is survived by the love of his life, Mary Ann Hindman, his dedicated wife of 53 years; son and daughter-in-law, John and Lisa Hindman; three grandsons, Kenny Robinson and his wife, Audra, and a great-grandson, Kellen, Eric Hindman, and Trevor Hindman; daughter and son-in-law Lisa Hindman Holbert and Geordie Holbert; three grandchildren, Liliana Holbert, Ian Holbert, and Isla Holbert; his brother-in-law Dan Nemec, sister-in-law Margaret Moore, nephew, Andy, and niece, Mary.

He was preceded in death by his parents, his parents through marriage, Leonard and Martha Nemec, brother, Tommy Hindman, his daughter, Doorie Lynn Hindman, and his nephew, Matthew Nemec.

There will be a private ceremony with immediate family to celebrate Rich’s life in the Ochoco Mountains, at a later date.

In lieu of flowers, please consider making a donation to the Redmond Panthers football program (675 SW Rimrock Way, Redmond, OR 97756) or a youth sports program of your choice. There will be no funeral or service.


Gladys V. Phinney, 99, of Cove, passed away Sept. 23, surrounded by her family.

Gladys was born March 15, 1915, in Lakeview to Fred Bert and Bessie Mae Jones Frisby. She was the second of six children. She grew up traveling in Oregon, Idaho and Washington with her parents and four brothers. A sister passed away in 1917 as an infant. In the early 1920s, the family lived in Harney, where Fred worked on the Bower Ranch. Her mother passed away when Gladys was 14.

She married William “Tud” Phinney in 1933 in San Diego, Calif. In 1959, they moved to Cove, where they purchased a farm and raised cherries and pigs until the 1970s. Gladys loved gardening, antiques and traveling. Most of all, she loved her children and grandchildren.

Gladys is survived by her three children, Charles and his wife, Jo, Louise and her husband, Howard “Eugene,” all of Cove, and William and his wife, Yeanie, of Green Valley, Ariz.; brother, Kenneth “Mike” Frisby of Hines; 20 grandchildren, 19 great-grandchildren, 20 great-great-grandchildren, and several nieces and nephews.

She was preceded in death by her parents, Fred and Bessie, granddaughter, Karen, brothers, Elwood, David and Elmer, and baby sister, Lois.

At her request, private services were held. She also requested that part of her ashes be buried in Burns, where her grandmother, father, brother and aunt are buried.

Wednesday October 15

Posted on October 15th in Community Calendar

Hi-Desert Mat Club sign ups will be held from 6 p.m. until 7:30 p.m. Oct. 15-16 in the Burns High School library.

Harney County Court meets the first and third Wednesday of each month at the Harney County Courthouse, 450 N. Buena Vista, at 10 a.m.

Be a quitter…a tobacco quitter, that is! Join this support group to develop strategies to quit successfully and access all the resources available to help you. For more information, contact Harney District Hospital’s Jamie Blute at 541-573-8342. The support group will meet on Wednesday, Oct. 15, from 5:30 to 7 p.m. in the Harney District Hospital board annex conference room.

The Hilander Booster Club meets the third Wednesday of each month at noon at Glory Days Pizza.

Harney Grant Babe Ruth board meets the third Wednesday of each month in the courthouse basement meeting room, 450 N. Buena Vista, at 7 p.m.

Burns Elks Lodge, 118 N. Broadway, meets the first and third Wednesday of each month at 7:30 p.m.

Christmas Cookie Prevention, a women’s fitness group will be held Wednesdays, Oct 15-Dec 17 at Faith Baptist Church, 777 Saginaw in Hines. A beginners fitness class will be held from 5:30 p.m. to 6:00 p.m. and a moderate intensity class from 6:05 p.m. to 6:25 p.m. The classes are free and everyone is welcome. For more information, contact Kara Nelson 541-589-3773.

Storytime for preschoolers is scheduled at the Harney County Library, 80 W. D St., each Wednesday at 10:30  a.m. Contact the Harney County Library for more information, 541-573 6670.

Alcoholics Anonymous meets each Wednesday at 7 p.m. at Foursquare Church, 74 S. Alvord, Burns.

ALANON, a support group for friends and families of alcoholics, meets each Wednesday from 5 p.m. to 6 p.m. at Foursquare Church, 74 S. Alvord, Burns. Please use the back door on the south side of the building. All interested are welcome.


Thursday October 16

Posted on October 15th in Community Calendar

Hi-Desert Mat Club sign ups will be held from 6 p.m. until 7:30 p.m. Oct. 16 in the Burns High School library.

An informational session on well water and the prominent contaminants in Harney County will be held at 5:30 p.m. Thursday, Oct. 16, at the Harney County Senior and Community Services Center. Gene Biggs from OSU will be there to give a talk and answer questions. All interested are welcome.

Harney County Home Health Hospice annual memorial service will be held at 6 p.m. Thursday, Oct. 16, at Pioneer Presbyterian Church, 417 W. Washington St. in Burns. All are welcome in this time of sharing, honoring and support. For more information call Patty Leahy 541-573-8360.

Fall open enrollment for Medicare Drug plans and Advantage Healthplans. Trained SHIBA (Senior Health Insurance Assistance Program) will be at the Senior Center, 17 S. Alder, from 1 p.m. to 4 p.m. to help you compare your plans. Call 541-573-6024 for appointments.

Burns Planning Commission meets the third Thursday of each month at Burns City Hall, 242 S. Broadway, at 7 p.m.

Harney County Historical Society meets the third Thursday of each month at the Elks Lodge, 118 N. Broadway, at 11:45 a.m.

A Walking Class is held each Monday, Tuesday and Thursday from  10:30 a.m. to 11:30 a.m. indoors at the Harney County Senior and Community Services Center.

Kiwanis Club of Burns-Hines meets for a no-host luncheon at noon each Thursday at Bella Java, 314 N. Broadway in Burns.

A Women’s AA meeting is held every Thursday at noon at Foursquare Church, 74 S. Alvord, Burns.

Friday October 17

Posted on October 15th in Community Calendar

The Burns Union High School Class of 1965 will hold a meeting at 6:30 p.m. Friday, Oct. 17, at The Apple Peddler to start planning their 50th year class reunion. Class members are asked to attend.

Oregon Old Time Fiddlers, District 9, meets the first, third and fourth Friday of each month. Call Micky, 541-573-2515, for time and place. A recovery group, “Celebrate Recovery,” meets each Friday at the Harney County Church of the Nazarene, 311 Roe Davis Ave. in Hines. Dinner is served at 5:30 p.m. The main meeting is held at 6 p.m. and small group sessions are at 7 p.m. For more information, call 541-573-7100.

Alcoholics Anonymous meets each Friday at Symmetry Care at 5 p.m.

Saturday October 18

Posted on October 15th in Community Calendar

OMSI returns to Harney County Library with a Science Festival for the whole family Saturday, Oct. 18! Hands-on activities include brainteasers, magnets and more to thrill the kids and perplex adults. Join us between 4-7 p.m. for lots of fun and excitement.

The annual Chili Cookoff, sponsored by Xi Delta Gamma, will be held Saturday Oct. 18. For more information, call Treva at 541-413-0041.

Harney County Senior and Community Services Center is hosting a fundraising dinner and drawing Saturday, Oct. 18, from 5 p.m. until 7 p.m. at the Burns Elks Lodge.

To make sure everyone has an opportunity to get the flu shot, HDH Family Care will be offering them during upcoming Saturday Clinics! Stop by between 8 a.m. and 1 p.m. on Saturday, Oct.18 and 25, and Nov. 1 and 8, to get yours. For more information, call HDH Family Care at 541-573-2074. 

Burns Butte Sportsmen’s Club invites the public to their “Spooktacular” trap shooting fun and games at the range on Radar Hill Saturday, Oct. 18. Practice will be held at 9:30 a.m., followed by shooting at 10 a.m. All levels of shooters are welcome to bust a bird. Lunch will be available.

The Harney County Radio Association meets every second Saturday of the month at 10 a.m. in the basement meeting room of the Harney County Courthouse. All amateur radio operators and interested parties are welcome.

Harney County Farmers Market from 7 a.m. until 1 p.m. at Hines City Park.

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