Monday October 27

Posted on October 22nd in Community Calendar

A Grief Support Group is held the second and fourth Monday of each month by Harney County Hospice and Rev. Jean Hurst during the day as well as the evening. For more information, call Harney County Hospice, 541-573-8360.

The Harney County Health Department is available at the Harney County Senior Center, 17 S. Alder, to check blood pressure the fourth Monday of each month from 1 p.m. to 3 p.m. There is no charge for the clinic and results can be forwarded to a physician or nurse practitioner at your request.

Harney County Search and Rescue meets the fourth Monday of each month at the Search and Rescue Building at 7 p.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.

Burns Fire Dept. meets each Monday at the Burns Fire Hall at 7 p.m.

The Hines Volunteer Fire Department meets at the Hines Fire Hall each Monday at 7 p.m. (except the last Monday of the month). Prospective members may contact Fire Chief Bob Spence at 541-573-7477 or 541-573-2251.

Narcotics Anonymous meets each Monday at 10 a.m. in the community room at Saginaw Village, 605 N. Saginaw. For more information call 541-589-4405.

Tuesday October 28

Posted on October 22nd in Community Calendar

The Breast Cancer Support Group will meet Tuesday, Oct. 28, 5:30 – 7 p.m. in the Harney District Hospital conference room. Learn and share about breast cancer, ways to manage symptoms or treatment side effects, and other valuable information. For details, contact HDH Outreach Coordinator Kristen Gregg, 541-573-8614. 

Hines Common Council meets the second and fourth Tuesday of each month at Hines City Hall, 101 E. Barnes, at 6:30 p.m.

The Harney County Chamber Music Society meets the second and fourth Tuesday, September-November and January-March. The choir meets in the Burns High School band room from 7 p.m. to 8:30 p.m. with Marianne Andrews directing. Singers ages 13-up are welcome.

Overeaters Anonymous meets the second and fourth Tuesday of each month at 5 p.m. in the Harney District Hospital Annex (downstairs in cafeteria area). For more information, call Carol at 541-589-1272.

Harney County Library Advisory Board meets the last Tuesday of each month in the library, 80 West D St., at 5:30 p.m. The public is welcome to attend. Use the back door to the left. For more information, call 541-573-7339.

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.

Harney Basin Writers meets each Tuesday from noon until 4 p.m. in room 302 of the former Lincoln School, corner of A Street and Court Ave. in Burns. Elevator on the south side. Quiet writing time until 2 p.m., then readings begin. Adults of any writing style are welcome to attend.

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.

Senior Health Insurance Benefits Assistance Program (SHIBA) trained volunteers will be at the Harney County Senior Center each Tuesday from 1 p.m. to 3 p.m. For more information, call the senior center at 541-573-6024.

Tai Chi for Better Balance with Diane Rapaport is held each Tuesday and Thursday at Harney County Senior and Community Services Center from 9:30 a.m. to 10:30 a.m. — free.

Boy Scouts meet each Tuesday at 7 p.m. at the LDS Church in Hines. All boys age 11 and above are welcome to participate.

Alcoholics Anonymous holds an open meeting each Tuesday at Foursquare Church, 74 S. Alvord in Burns at 7 p.m.


Classified Ads

Posted on October 22nd in Classified Ads


Probate No. 14-09-3264
For the County of Harney

The Estate of

Notice is hereby given that Charles H. Cagle has been appointed Personal Representative.  All persons having claims against the Estate must present them, with vouchers attached, within four months after the date of first publication of this notice, as stated below, to the Personal Representative at Yturri Rose LLP, 89 SW 3rd Avenue, PO Box “S”, Ontario, Oregon 97914. Claims not presented within the four months may be barred.

All persons whose rights may be affected by the proceedings may obtain additional information from the records of the Court, the Personal Representative, or the lawyers for the Personal Representative.

Attorneys for Personal Representative:
Scott Warner, OSB 935094
Yturri Rose LLP
P.O. Box “S”
89 SW 3rd Avenue
Ontario, OR 97914
Telephone: (541) 889-5368
Facsimile: (541) 889-2432

DATED and first published: October 8, 2014.

Publish: October 8, 15 and 22, 2014.




The Trustee under the terms of the Trust Deed described herein, at the direction of the Beneficiary, hereby elects to sell the property described in the Trust Deed to satisfy the obligations secured thereby.  Pursuant to ORS 86.771, the following information is provided:





Successor Trustee: NANCY K. CARY



2. DESCRIPTION OF PROPERTY:  The real property is described as follows:

In Twp. 23 S., R 30 E., W.M.:

Sec. 26: A parcel of land in the NW1/4NE1/4, which is described as follows:

Beginning at a point on the West line of Quincy Avenue South, which is 474.46 feet Southerly from the point of intersection of the North line of said Sec. 26 and the West line of said Quincy Avenue South; thence N. 86°31’10” W. 175 feet; thence S. 03°28’50” W. 124.455 feet; thence S. 86°31’10” E. 175 feet to the West line of said Quincy Avenue South; thence N. 03°28’50” E. along said West line, 124.455 feet to the point of beginning.


3. RECORDING.  The Trust Deed was recorded as follows:

Date Recorded: November 7, 2008

Recording No. 20081940

Official Records of Harney County, Oregon


4. DEFAULT.  The Grantor or any other person obligated on the Trust Deed and Promissory Note secured thereby is in default and the Beneficiary seeks to foreclose the Trust Deed for failure to pay:  Monthly payments in the amount of $767.01 each, due the first of each month, for the months of September 2013 through July 2014; plus late charges and advances; plus any unpaid real property taxes or liens, plus interest.


5. AMOUNT DUE.  The amount due on the Note which is secured by the Trust Deed referred to herein is:  Principal balance in the amount of $95,061.83; plus interest at the rate of 8.950% per annum from August 1, 2013; plus late charges of $50.00; plus advances and foreclosure attorney fees and costs.


6. SALE OF PROPERTY.  The Trustee hereby states that the property will be sold to satisfy the obligations secured by the Trust Deed.  A Trustee’s Notice of Default and Election to Sell Under Terms of Trust Deed has been recorded in the Official Records of Harney County, Oregon.



Date: December 11, 2014.

Time: 11:00 a.m.

Place: Harney County Courthouse, 450 N. Buena Vista, Burns, Oregon


8. RIGHT TO REINSTATE.  Any person named in ORS 86.778 has the right, at any time that is not later than five days before the Trustee conducts the sale, to have this foreclosure dismissed and the Trust Deed reinstated by payment to the Beneficiary of the entire amount then due, other than such portion of the principal as would not then be due had no default occurred, by curing any other default that is capable of being cured by tendering the performance required under the obligation or Trust Deed and by paying all costs and expenses actually incurred in enforcing the obligation and Trust Deed, together with the trustee’s and attorney’s fees not exceeding the amount provided in ORS 86.778.


You may reach the Oregon State Bar’s Lawyer Referral Service at 503-684-3763 or toll-free in Oregon at 800-452-7636 or you may visit its website at:  Legal assistance may be available if you have a low income and meet federal poverty guidelines.  For more information and a directory of legal aid programs, go to

Any questions regarding this matter should be directed to Lisa Summers, Paralegal, (541) 686-0344 (TS #18316.30038).

DATED:  July 22, 2014.

Nancy K. Cary, Successor Trustee
Hershner Hunter, LLP
P.O. Box 1475
Eugene, OR 97440

Publish: October 8, 15, 22 and 29, 2014.



(Real Property)

On the 12th. day of November, 2014, at the hour of 2:00 p.m., at the Harney County Courthouse, 450 N Court, in the City of Burns, Oregon 97720, the defendant’s interest will be sold, subject to redemption, in the real property commonly known as: 542 Dapple Grey Street, Hines, Oregon 97738.  The court case number is 1306238CV, Bank of America N.A ,plaintiff(s) vs.    Thomas L. Garo, an individual; and all other persons or parties unknown claiming any legal or equitable right, title, estate, lien or interest in the real property described in the complaint herein, adverse to Plaintiff’s title, or any cloud on Plaintiff’s title to the Property, collectively designated as DOES 1 through 50, inclusive, defendants(s).

Before bidding at the sale, a prospective bidder should independently investigate:
(a) The priority of the lien or interest of the judgment creditor;
(b) Land use laws and regulations applicable to the property;
(c) Approved uses for the property;
(d) Limits on farming or forest practices on the property;
(e) Rights of neighboring property owners; and
(f) Environmental laws and regulations that affect the property.

This is a public auction to the highest bidder for cash or cashier’s check, in hand.  For more details go to

By Civil Deputy Dorathy M. Ousley

Publish: October 15, 22, 29 and November 5, 2014.



Request for Proposals
Economic Development Planning Services

The Burns Paiute Tribe (Tribe) is seeking a qualified professional or firm to contract for economic development planning services. Services will result in two primary objectives.

Objective 1:  Economic Development Plan (Plan)
The Plan will serve as a structured resource to guide the Tribe in its economic development efforts. The Plan will act as the comprehensive economic development strategy.  This Plan will allow the Tribe to have a structured resource for future economic growth to guide the Tribe in planning, prioritizing and implementing activities that result from the comprehensive analysis.

Objective 2:  Develop a management plan structure.
The management structure is a personnel management model that will help the Tribe to be set up to implement the economic development plan. The management model will enable the Tribe to have an overall personnel strategy plan in place so that together with the Plan, the Tribe can move forward. This is a capacity building effort. This scope of work will obtain professional services to conduct a feasibility assessment focused on outcomes towards moving the Tribe forward for successful and sustainable growth.

Proposers may request a proposal package from the RFP primary contact:
Margaret Swoboda, Finance Director
100 Pasigo Street
Burns Oregon, 97720
Office: 541-573-8015

Proposers must submit one unbound hard copy of their proposal and one electronic copy to Margaret Swoboda at the address listed above, no later than 4:00 p.m., Friday, November 28, 2014.

Late submittals will not be considered.

Tentative Schedule:
• Issuance of RFP: Week of Oct. 13, 2014
• Deadline for submittal of RFP: November 28, 2014
• Review of proposals by Tribal Administration: Week of December 1,2014
• Vendor telephone interviews, if needed: December 8-12, 2014.
• Final selection by Tribal Council by December 19, 2014
• Contract begins: Week of January 5th, 2015

Publish: October 22 and 29 and November 5, 12 and 19, 2014.



Legal Notice
Malheur National Forest
Central Malheur Allotment Grazing Reauthorization
Objection Period

Central Malheur Allotment Environmental Assessment and draft Decision Notice are now available for review and objection. The Malheur National Forest is proposing re-authorization of livestock grazing on the Central Malheur Allotment using adaptive management strategies designed and implemented to meet Forest Plan standards and guidelines. Range, vegetation and habitat improvement projects are also proposed. Emigrant Creek District Ranger Christy A. Cheyne is the Responsible Official for this project.

This project is subject to objection pursuant to 36 CFR 218. Objections regarding this project may be filed in any of the following formats: (1) Postal Delivery: Reviewing Officer, Forest Supervisor, Malheur National Forest, Attn. 1570 Appeals and Objections, PO Box 909, John Day, Oregon 97845; (2) Emailed to: Please put OBJECTION and the project name in the subject line. Electronic objections must be submitted as part of an actual e-mail message, or as an attachment in Microsoft Word (.doc), rich text format (.rtf), or portable document format (.pdf) only. E-mails submitted to addresses other than the ones listed above or in formats other that those listed above or containing viruses will be rejected. It is the responsibility of the objector to confirm receipt of objections submitted by electronic mail. For electronically mailed objections, the sender should normally receive an automated electronic acknowledgment from the agency as confirmation of receipt. If the sender does not receive an automated acknowledgment of receipt, it is the sender’s responsibility to ensure timely receipt by other means; (3) Hand delivered to: Malheur National Forest Supervisor’s Office, 431 Patterson Bridge Rd, John Day, Oregon 97845. Hand deliveries can occur between 8:00 AM and 4:30 PM, Monday through Friday except legal holidays; or (4) Faxed to: Forest Supervisor, Malheur National Forest, Attn: 1570 Appeals and Objections at (541)575-3001.

Objections must be postmarked or received by the Reviewing Officer, Malheur Forest Supervisor, within 45 days from the date of publication of this notice of objection in the Burns Times Herald, newspaper of record for Emigrant Creek Ranger District. The publication date is the exclusive means for calculating the time to file an objection. Those wishing to file an objection to this decision should not rely upon dates or timeframe information provided by any other source. Issues raised in objections must be based on previously submitted specific written comments regarding the proposed project or activity and attributed to the objector, unless the issue is based on new information that arose after the opportunities for comment. The burden is on the objector to demonstrate compliance with this requirement for objection issues.

An objection must include a description of those aspects of the proposed project addressed by the objections, including specific issues related to the proposed project; if applicable, how the objector believes the environmental analysis or draft decision specifically violates law, regulation, or policy; suggested remedies that would resolve the objection; supporting reasons for the reviewing officer to consider; and a statement that demonstrates the connection between prior specific written comments on the particular proposed project or activity and the content of the objection, unless the objection concerns an issue that arose after the designated opportunities for comment.

The Responsible Official may not issue a decision for this project until the Reviewing Officer has responded to all pending objections. When no objections are filed within the 45-day time period, implementation of the decision may occur on, but not before, the fifth business day following the end of the objection-filing period.

The environmental assessment (EA) and draft decision notice can be accessed on the Forest Service Website at:  A paper copy of the documents or additional project information can be obtained by contacting Melissa Ward at the Emigrant Creek Ranger District office, 265 Hwy 20 South, Hines, Oregon 97738; 541-573-4300, or by email at

Publish: October 22, 2014.



Notice of Preliminary Determination for Water Right Transfer T-11733

T-11733 filed by Andy J. Root, Rattlesnake Creek Land & Cattle Co., LLC, 524 Hwy 20 N Hines, OR 97738, proposes additional points of appropriation under Certificate 88990. The right allows the use of 4.92 cfs from a well in Sec. 33, T25S, R30E, WM for irrigation in Sects. 28, 29, 32, and 33. The applicant proposes additional points of appropriation in Sects. 3 and 4, T26S, R30E, and Sects. 33 and 34, T25S, R30E, WM. The Water Resources Department proposes to approve the transfer, based on the requirements of ORS Chapter 540 and OAR 690-380-5000.

Any person may file, jointly or severally, a protest or standing statement within 30 days after the last date of newspaper publication of this notice, 10/29/2014.  Call (503) 986-0807 to obtain additional information or a protest form.  If no protests are filed, the Department will issue a final order consistent with the preliminary determination.

Publish: October 22 and 29, 2014.



We would like to send out a HUGE thank you to so many who helped make the viewing of “The Crash Reel” and “An Evening with Kevin Pearce” so successful!!!

Many lives were touched and helped with these 2 events. We believe that they are the beginning of many good things to come!

Without the help of these individuals and businesses who gave of their time and finances this endeavor would have been much more difficult, so please accept our deepest, heartfelt gratitude!!!

Banton family, Baltzor family, Modey family, Kim Mellema, Rylee Curtis, Gwin and Janice Lawson, Andy Whitehead, Sandy Volle, Eric Nichols. Roaring Springs Ranch, Bank of Eastern Oregon, Silvies River Charter School, Kids Club of Harney County, Burns Paiute Tribe, Airlink, Double O School, Shepherd Graphics, Desert Historic Theatre, Burns Times-Herald, Burns High School and their employees, Harney Partners for Kids and Families, Country Natural Beef, Town & Country Insurance, City of Burns, City of Hines, Symmetry Care, H.C. Senior & Community Center, Great Basin Chiropractic, H.C. School District #3, Department of Human Services, Rocco Family Network, Family and Community Together Oregon, all of the anonymous donators.

If we missed naming someone, please forgive us! We are so grateful for such an outstanding community!

Thank you all again,
Mike, Jennifer and Arly Williams



We carry Whirlpool Appliances, including freezers.
We also sell water heaters.

Burns Electric
70 S. Fairview

BE 1/10/07 TFN


24 HOUR CRISIS LINE: 541-573-7176. HHOPE offers free, confidential services for victims of physical, sexual and verbal abuse. Qualified staff, volunteers provide shelter, transportation and referrals with support and care.

HH 7/19/12 TFN



Free 12×65 mobile home. Needs cleaning to be livable or make good running gear for trailer. 541-589-2068.

DC 10/15-10/22 2t


NEED FIRE STARTER? Stop by the Burns Times-Herald office (355 N. Broadway) on Tuesdays, and pick up bundles of paper before they go to recycling.




Want to purchase a used rangeland drill in good condition. Please call Jerry Miller at 541-493-2678.

JM 10/22-10/29 2t


Wanted: Laundry service for senior citizen. References. Call 541-751-0555.

KS 10/8-10/29 4t




The Harney County Cooperative Weed Management Area has an opening for a part time coordinator.

Job Description:  This position will work cooperatively with local agencies and potential partners to strengthen communication between agencies and organizations to improve integrated pest management in Harney County.

Job Requirements: This individual must be self-motivated, reliable and be able to work as a team member as well as independently; able to operate equipment- including: ATV, pick up, and trailer.  There may be some overnight stays away from home and long hours.  Must be able to pack 45 pounds and work in various weather conditions.  The ability to use Microsoft Office programs is required.  Must be able to use and read topographical maps, GPS units, and digital camera.  GIS skills preferred.  Neat record keeping ability is a must.  Good written and spoken communication, ability to write grants a plus.

Additional responsibilities include but are not limited to: coordinating CWMA meetings, setting meeting agendas, taking minutes, presenting to CWMA members, seeking grant opportunities for weed control and restoration projects, building landowner and partner relationships and collaboration, write project grants and secure funds, encourage and secure private landowner participation for noxious weed/restoration projects, track CWMA financials in collaboration with the SWCD, build new relationships with possible partners, aid in meeting educational goals of the CWMA, develop and manage educational opportunities in collaboration with CWMA partners, manage and monitor on the ground projects.

Pay starting at $15.49-$17.44 per hour DOE.

For more information on the position or to obtain an application please contact the Harney County Weed Control office at 541-573-8385.

Position closes November 3, 2014.  Estimated start Date: November 10, 2014.

Jim Campbell, Supervisor
Harney County Weed Control
450 N. Buena Vista Ave.
Burns, OR 97720
541-573-8385 HCWC

10/22-10/29 2t



South Harney SD #33 is seeking applicants for a sub-bus driver position in Fields, OR. Training is reimbursed by the district upon successful completion of requirements. For more information please contact the District Clerk, Nicole Michaud at 651-276-7500 or

NM 10/22 1t


Crane Elementary is looking for a middle school boys basketball coach. Call 541-493-2641 or pick up an application at the district office.

CS 10/22-10/29 2t



HELP WANTED- The USDA Farm Service Agency (FSA) in Hines, Oregon is currently accepting applications for a full time, permanent, Program Technician. Applications and materials are available online at, and will be accepted beginning October 15, 2014 and closing October 29, 2014 11:59 p.m. EDT. Salary begins $28,269 – $39,179 per year based on qualifications and experience. Applications must be submitted through USAJobs. For more information please contact the FSA Office at 530 Hwy 20 S, Hines, OR 541-573-6446. FSA is an Equal Opportunity Provider and Employer.

KF 10/15-10/22 2t


Burns Paiute Tribe
Natural Resource Department

Position: Wildlife Habitat/Fisheries Technician

Open: Until filled.

Salary Range: $10.66- $13.00 an hour

Full Time/Temporary

Contact: Kerrie Opie 541-573-8013, Mon.- Thurs.

KO 6/4 TFN



Firewood for sale. Call 541-573-5030.

BR 1/8 TFN



20 tons dairy quality alfalfa hay, 3×3 bales, $220 per ton. 541-589-2068.

DC 10/15-11/5 4t


Winter is coming. Protect your hay. Top quality hay tarps in all sizes. 541-881-9448.

PE 9/24-11/12 8t



Chukers for sale: $10.00 each. Laying hens: $5:00 each. 67950 Highway 78, Burns. 541-413-1428.

MC 10/15-10/22 2t



Computer Questions?
Zieber Computer Repair / Tutoring

• Repairs, Maintenance, Sales, Parts
• Upgrades, Installations
• Personalized/Group Tutoring
• Senior Citizen Discount

“Now Offering Rentals!”

Microsoft Certified

Professional (MCP) A+


JZ 1/12 TFN



AKC/UKC Rat Terrier Puppies for sale. 541-413-0479.

BR 10/1-10/22 4t



28 foot travel trailer. 1 bedroom. $250 per month. Includes water, sewer and trash. Call Jerry at 541-508-8484.

JP 10/22 1t


Small studio apartment. Newly remodeled. $300, 1st & last months rent plus $150 deposit. 541-573-6968, ask for Dave or 541-589-0874, ask for Jim.

JW 10/22-10/29 2t


2 bedroom apartment. Newly remodeled. $400, 1st & last months rent plus $200 deposit. Water & sewer paid. 541-573-6968, ask for Dave or 541-589-0874, ask for Jim. JW 10/22-10/29 2t


3 bedroom, 1 bath, garage. Newly remodeled. No pets. Close to Hines Middle School. $600 per month plus first and last. Now accepting applications. 541-573-1214.

PA 10/15-11/5 4t


Available in October. 3 bedroom, 1 bath house with fenced back yard, wood heat, in Hines. $400 per month. Call 541-306-0955.

SW 10/1-10/22 4t


1 bedroom apartments available. Close to shopping and library. Clean and affordable. Call Brian Johnson at 541-493-2522 for more information.

MB 9/25 TFN


2 bed, 1 bath, newer efficient home $425m + dep. fairly small but nice inside, vaulted ceiling, big windows. Electric heat. Background check req. Hines RV park 573-3220 or office at space #1. Available 4/20.

KM 4/16 TFN



3 bedroom, 1 bath, 1,250 sf. house in Burns, not in flood plain. Updated, new kitchen and bath, new flooring, garage door and opener. Fenced yard and shade trees. $77,500. 541-589-0301.

10/1-10/22 4t



2000 Keystone Montana 28’ 5th wheel trailer. Good condition, 2 slides- living/dining & queen bedroom. Newer refrigerator & a/c. Lots of storage, enclosed heated holding tanks. $10,000 OBO. 541-573-2343 or 541-589-0467.

VT 10/22-10/29 2t



2003 Ford Focus Hatchback. Air, cruise, AM/FM /CD, fold down rear seats, manual doors & windows. Also comes with 4 mounted snow tires. $4,500. 541-573-2343 or 541-589-0464.

VT 10/22-10/29 2t


2004 Ford F-250. 6-speed, 5.4 liter, V-8, 4-door, 4×4. 105,000 miles. $7,500. 541-573-5750.

TS 10/1-10/22 4t

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.


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Destination Harney County

Destination Harney County 2012


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Desert Historic Theatre

Desert Historic Theatre

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Map of Burns

Sex Offenders

For a list of sex offenders in your area, call the Oregon State Police sex offenders hotline 503-378-3720