Tuesday September 30

Posted on September 24th in Community Calendar

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.

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.


Licenses issued ‘with modifications or amendments’

by Randy Parks
Burns Times-Herald

After two meetings to listen to public input, the Burns City Council voted to issue business licenses, with modifications or amendments, to two individuals to operate medical marijuana dispensaries.

The council approved the licenses at its meeting on Wednesday, Sept. 10, by a 3-1 vote. Councilors Boyce LaForest, Terri Presley and Nona Popham voted yes, and Jerry Woodfin cast the lone nay vote. Mayor Craig LaFollette and Councilor Dan Hoke were excused from the meeting, and Linc Reed-Nickerson submitted his resignation from the council earlier in the day.

Before the vote, City Manager (CM) Kraig Cutsforth said the councilors had several choices to look at. He said they could modify the ordinance to allow the licenses with conditions; they could do nothing with the ordinance and deny the licenses, and then defend the decision in court; they could remove “federal” from the ordinance; or they could write a new section of the ordinance.

“It’s your decision,” Cutsforth said.

LaForest stated that it was not a “black and white issue,” or a matter of being for or against a dispensary. He said he did a lot of research and listened to both sides before reaching his decision. Factored into his decision was the cost of litigation should the council deny the licenses, public opinion, and the small chance of the federal government getting involved in legal issues.

The council approved the motion to grant the business licenses pending business license ordinance modifications, saying the modifications would allow the council to have more control.

During the citizens concerns portion of the meeting, several folks wanted to know why the city didn’t place a moratorium on dispensaries to allow more time to delve into the issue.

Bev LaFollette stated that, although she doesn’t live in Burns, she does have a business in town and she has concerns about where the dispensaries may be located.

Dave Smerski asked if the city had insurance for litigation, and Cutsforth told him it did not, and funds to fight litigation would have to come out of reserves.

Rob Paramore said he owns a business in Burns, and he wasn’t happy with the council’s decision. “You put the concern of a lawsuit over the concerns of citizens,” he said.

Grant Gunderson told the council he was disappointed in the council’s decision and the unintended consequences that may come from it.

Mark Christie said he was in law enforcement for three decades and called the decision a “travesty.” He added that the decision  has negatively affected the livability of the community. “I feel bad for the officers in the city and county. You better start hiring more police officers to deal with the situation you created here tonight,” he said.

LaForest told the audience that litigation was not the only or primary factor in the decision. “It makes us less liable and gives us more control,” La Forest said.

Popham said she heard from citizens on both sides of the issue and that made for a difficult decision. “We can control it by modifying the ordinance, and there are people here who wanted it,” she said.

The council agreed to hold a public meeting to discuss what modifications will be made to the business license ordinance before issuing the licenses.


At the start of the meeting, Presley, who was acting chairman, read the letter of resignation from Reed-Nickerson. It stated that he would be taking an extended vacation, beginning Oct. 30, and the resignation was effective immediately.

Questions regarding Reed-Nickerson’s status as a Burns resident also came up during the citizens concerns.

LaFollette said Reed-Nickerson had told her that her opinion on the dispensary didn’t matter because she wasn’t a resident of Burns, so she looked into his residency and found he hadn’t lived within the city limits for about a year.

Paramore stated that Reed-Nickerson hadn’t lived in Burns since last October. “Why is he still on the council? he asked. “That upsets me. He’s been able to make decisions without living in Burns. I donated my services for four years, doing high school sports on the radio for zero compensation, and for him to say we have no say upsets me.”

Gunderson said he was appalled that a councilor lied about his residency and falsified information.


At the Aug. 27 meeting, the council tabled a decision on whether to allow Megan Deiter to keep a horse on her 1/2-acre lot on East E Street, and discussed it again at the Sept. 10 meeting.

Cutsforth said the horse is considered a comfort animal and not a service animal, which doesn’t allow for any special circumstances in making a decision.

Cutsforth stated he read over the city’s ordinance regulating livestock several times, and spoke with a person who was on the council at the time it was approved to find out the intent. The ordinance was implemented Jan. 1, 1998, with the intent to diminish keeping of livestock in the city. Cutsforth said no livestock permit had been issued since then, and he recommended not issuing a permit.

LaForest stated that the council would not be in violation of the ordinance if they did issue a new permit.

“But you’d be opening a floodgate,” Cutsforth said.

After some discussion, LaForest made a motion to “open the floodgate and allow Megan Deiter to keep the horse on her property.”

The motion passed 3-1, with Woodfin voting against.


In other business:

• Officer Robbie Tiller reported the police department was looking into the possibility of adding a canine unit. The council asked the department to come up with a cost analysis and other statistics and make a presentation to the council;

• Cutsforth stated the fire suppression system was completed at Burns airport, which should allow the moratorium to be lifted. He added that he met with FEMA (Federal Emergency Management Agency) officials regarding the flood plain issue. He said that it’s a slow process, but the base flood elevation (BFE) should be established soon. “It’s probably not as much a decrease as we would like,” he said.

Cutsforth was also to meet with Department of Environmental Quality (DEQ) officials to discuss the city exceeding the particulate matter for air quality. If the city exceeds the maximum too often, DEQ may ban all burning in the city, including burn barrels and wood stoves. A committee will be formed to develop a plan.

The next council meeting is scheduled for 6 p.m. Wednesday, Sept. 24.

Directive a result of complaint regarding transfer of student records

On Sept. 9, Emily Nazarov, executive director of the Oregon State Board of Education, directed Harney County School District (HCSD) No. 3 to submit a corrective action plan to the Oregon Department of Education (ODE) by Dec. 8 or face the possibility of having state school funds withheld.

The directive was in response to an appeal filed by Silvies River Charter School Principal Katie Baltzor alleging violations of Division 22 standards against HCSD No. 3.

In a letter to Baltzor and HCSD No. 3 Superintendent Dr. Marilyn McBride, Nazarov stated upon her initial review of the appeal, that Baltzor had alleged facts, which if true, would be a violation of OAR 581-022-1941 (failure to comply with complaint procedures).

The issue began on Feb. 19, when Baltzor filed a written complaint with McBride alleging McBride failed to follow the provisions in ORS 339.260 and OAR 581-021-0255 regarding the transfer of student records.

Nazarov summed up the facts as follows:

On Feb. 24, McBride provided a written response to the complaint. McBride set forth the legal and factual basis for the district’s handling of the student records and explained how record requests would be handled in the future.

On March 5, Baltzor appealed McBride’s decision by filing a step 4 complaint with the Harney County school board. On March 20, the Harney County school board convened for a special meeting to address Baltzor’s complaint. The Feb. 19 complaint to McBride, McBride’s Feb. 24 response, and the March 5 complaint to the board were all read into the record. The minutes do not report any substantive discussion of the complaint. Baltzor asked when she could expect a response from the board. According to the board minutes, the board chair explained that the board would respond in some manner, possibly through an attorney, in its own time.

On April 7, Baltzor filed her appeal with ODE. Baltzor alleged the Harney County complaint policy is in violation of OAR 581-022-1941 because it does not contain timelines for each step or an overall timeline for the entire process.

On April 8, then Harney County School Board Chair Ralph Dickenson issued a final letter on Ms. Baltzor’s complaint. In that letter, Mr. Dickerson informed Ms. Baltzor that the board determined no hearing was required to decide the matter, stated that the board denied the complaint, and set forth the legal and factual basis for the denial.

Baltzor then supplemented her appeal to ODE on April 17, by forwarding a copy of the letter from Mr. Dickenson.

In her analysis, Nazarov wrote, “OAR 581-022-1941 requires districts to ‘establish a process for the prompt resolution of a complaint by a person who resides in the district or by any parent or guardian of a student who attends school in the school district.’ The process must be in writing and state clearly who within the school district has the responsibility for responding to the complaint.

The complaint process must specify a time period during which the complaint will be addressed and a final decision will be issued. If the complaint procedure has multiple steps, the procedure must establish the time period for each step as well as the overall time period for completing the procedure. The purpose of requiring the district to establish timelines for processing the complaint is to ensure complaints move through the system and are resolved in a timely manner.

Based on my review of the record and investigation, I find that the District’s policy does not comply with OAR 581-022-1941 in that it does not include timelines for each step or for the overall procedure.”

Nazarov concluded that HCSD No. 3 does not meet the minimum standards for a complaint process as required by OAR 581-022-1941, and the district is deemed “deficient” under ORS 327.103(1).

Nazarov wrote that the district must submit a corrective action plan, approved by the school board, to ODE by Dec. 8. Upon approval of the plan, the district will be categorized as a “conditionally standard school.”

Upon successful implementation of the plan, the district will be re-established as a “standard school.” If the plan is not fully implemented by the beginning of the 2015-2016 school year, state school funds may be withheld.

If the district fails to submit a corrective action plan, the district will be categorized as a “non-standard school,” and by law, the deputy superintendent of education must withhold state school funds.

by Randy Parks
Burns Times-Herald

The Hilanders’ Carli Feist delivers a jump serve. (Photo by RANDY PARKS)

The Hilanders’ Carli Feist delivers a jump serve. (Photo by RANDY PARKS)

The Burns volleyball team won all three of their pool play matches and then knocked off La Pine and Lakeview in bracket play to win the Lakeview Tournament on Saturday, Sept. 13.

Burns opened up pool play with a solid 25-8, 25-8 victory over Tulelake, Calif.

The Hilanders played Modoc, Calif., in the second round and came away with a 25-10, 25-11 win.

In the third round, Burns put away the Mountain View JV team 25-21, 25-13.

In the first round of bracket play, Burns cruised past La Pine 25-9, 25-8.

In the championship match, Burns downed the Honkers in two games, 25-19, 25-19.

For the tournament, the Hilanders’ Taylor Crafts recorded 29 kills, 14 aces, 15 blocks, seven digs and one assist; Catherine Clemens had 35 kills, nine aces, eight blocks, and 35 digs; Madison Carson 15 kills and 12 blocks; Carli Feist eight kills, five aces, 20 digs and two assists; Mariah Ribeiro three kills, 11 aces, two blocks, 11 digs and 72 assists; Baylee Hanner two kills, 18 aces, 21 digs and one assist; Madison Woodworth one kill, two aces, 39 digs and one assist; Kaylea Friedrichsen four kills, four blocks and three digs; and Abby Nonnenmacher one dig.

The Hilanders hosted Ridgeview on Tuesday, Sept. 16 in non-conference action. Results were not available by press time.

Burns opens up league play Thursday, Sept. 18 when they travel to Imbler.


Burns came up short against Madras on Thursday, Sept. 11, losing to their non-conference foes in three games, 14-25, 16-25, 16-25.

The White Buffaloes got off to a fast start in the first game, reeling off the first seven points.

Leading 12-5, Madras scored the next five points to go up 17-5.

Following a side out, the Hilanders picked up a little momentum. With Madison Woodworth serving, Burns scored the next five points to close the gap to six.

The White Buffaloes then ended the run and pulled away for the win.

The second was close in the early going, with Burns holding a one or two point lead most of the time. With the score tied at 10-10, Madras went on a four point run and never trailed again on their way to the victory.

The White Buffaloes dominated the third game, taking a 10-3 lead and never letting Burns get any closer the remainder of the game.


The Hilanders knocked off La Pine in three games on Tuesday, Sept. 9, winning 25-21, 25-17, 25-10.

The Hilanders knocked down 31 kills in the match, led by Clemens with 12, Crafts with seven and Carson with six.

The Hilanders recorded 73 digs, led by Woodworth with 31, Clemens with 13 and Ribeiro 10.

Ribeiro also had 24 of the team’s 27 assists.

Jeffrey E. Bodily 1971-2014

Posted on September 17th in Obituaries

OBIT Bodily webJeffrey E. Bodily, 43, of Burns, passed away Aug. 27.

Jeff was born March 4, 1971, in Logan, Utah, to Lloyd Edwin and Sharron Godfrey Bodily. His family moved to California in 1972, but he always remained a country boy at heart. He looked forward  each year to returning to Cache Valley in the summer to shoot guns, fish and ride horses.

He also loved football and swimming. He was on his high school football and diving teams. He was a very outgoing, gregarious young man, always up for an adventure.

He worked in the construction industry in California, and loved seeing buildings come together. A back injury 13 years ago brought his construction life to an abrupt end. Constant pain ruled the rest of his life.

In 2001, he moved to Burns and lived the country life he so enjoyed. He started his family, and was so proud of his children, they were the light of his life. He loved to attend their school and sporting events.

He is survived by his parents of Smithfield, Utah; family, Carey Goss, Bryce Goss, Garrett Goss-Bodily and Cara Jo Goss-Bodily of Burns; brothers, Craig (Erin) Bodily of Draper, Utah, Ryan (Christy) Bodily of Henderson, Nev., Robert (Katy) Bodily of Lehi, Utah; sisters, Diane (Glen) Dewey of Granbury, Texas and Annette (Scott) Vest of Spanish Fork, Utah.

A funeral service was held Sept. 2 in Smithfield, Utah.


Maryanna Otley 1927-2014

Posted on September 17th in Obituaries

Maryanna Otley, 87, passed away Aug. 30 at Harney District Hospital.

Maryanna was born March 15, 1927, in Ontario to Glenn and Violet Brown. She spent her first 10 years in Diamond. Her parents raised sheep, and she was in the sheep camp at an early age. Her mother always had bummer lambs and Maryanna enjoyed them all.

She went to grade school in Diamond through the fourth grade, and then finished grade school in Crane. During her grade school years in Diamond, she became lifelong friends with Donna Tackman and Shirley Pearl Thompson. Her family sent her to St. Theresa’s High School in Boise, Idaho. She enjoyed those four years very much, and made many friends from all over the country. She only came home on Thanksgiving, Christmas and Easter, traveling by train to do so.

In the summer, she would help her dad survey a livestock trail for the government on Steens Mountain. She met her future husband, Charley Otley, at a dance in Diamond. They were married Jan. 28, 1950. In 1951, Maryanna was diagnosed with diabetes. She, Charley and Dr. John Weare would drive to Ontario and get on the train to go to Portland and learn how to doctor her disease. She spent 63 years battling diabetes, and probably would have died several times if not for Charley.

In August 1953, their son, Bill, was born. When Bill was young, Otley Brothers summered steers on the land that Glenn, Violet and Maryanna had on Steens Mountain. Maryanna and Bill stayed at the cabin on the mountain and rode fence. They fished a lot, too.

In the late 1960s and early 1970s, when Charley was involved with the Oregon Cattlemen’s Association, they traveled a lot. She enjoyed that, but living out of a suitcase was sometimes a challenge.

In 1983, Maryanna had quadruple bypass surgery in Portland. In 1984, Otley Brothers was divided into three separate ranches, and Diamond Valley Ranch had the land on Steens Mountain that Maryanna and her folks homesteaded. She enjoyed seeing the baby calves play out her porch window every spring.

Then, in August 2011, after a short stay in the hospital, Maryanna moved to Sunshine House in Burns. At that time, Charley moved to the house in Burns that had belonged to Maryanna’s mother.

In August 2012, Maryanna’s husband of 62 years passed away and she stayed on with the “girls” at Sunshine House.

Maryanna is survived by her son, Bill, and wife, Rita; granddaughter, Kristie Cotton, and husband, Jeff; sister-in-law, Mary Otley; nephews and nieces, Bob Otley, Shirley Carson and husband, Earl, Harry Otley and wife, Mary, Sherry Stott and husband, Doug, Fred Otley and wife, Debbie, numerous great-nieces and great-nephews and their families.

She was preceded in death by her husband, Charley; her parents, Glenn and Violet Brown; brothers-in-law, Harold Otley and Howard Otley; and sister-in-law, Genie Otley.

A funeral service for Maryanna Otley was held Sept. 8 at Burns Elks Lodge No. 1680.

Contributions may be made to AirLink, Shriners Children’s Hospital, or to a charity of one’s choice, in care of LaFollette’s Chapel, P.O. Box 488, Burns OR 97720.


Zora Retherford, 97, passed away Sept. 10 at Ashley Manor.

A memorial service will be held at 10 a.m. Saturday, Sept. 27, at LaFollette’s Chapel.

Contributions in Zora Retherford’s memory may be made to the Garden Club, in care of LaFollette’s Chapel, P.O. Box 488, Burns, OR 97720.

Wednesday September 17

Posted on September 17th in Community Calendar

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.

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.

Burns Butte Sportsmen’s Club invites the public to their summer “Twilight” trap practice to be held from 5 p.m. until 7 p.m. every Wednesday, running through the month of September. The practices will be held at the trap range on Radar Hill. It is a great time to get started or improve your skills. There are instructors for beginners.

Free cardio-kick classes are offered Wednesday evenings, from 5:30 p.m. to 6:30 p.m., at Faith Baptist Church. The classes are good for beginning to moderate workouts, and everyone is welcome. For more information call 541-573-7777.

Bring babies to Lapsit Storytime at Harney County Library, 80 W. D St., each Wednesday at 10 a.m. Enjoy music, stories, rhymes and fingerplays especially for babies and toddlers.

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.

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

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 September 18

Posted on September 17th in Community Calendar

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.

Take Off Pounds Sensibly meets at noon each Thursday at Hines City Hall, 101 E. Barnes. Call 541-573-2896.

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.

Friday September 19

Posted on September 17th in Community Calendar

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.

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