CITY OF HAINES
BUDGET HEARING AGENDA
TUESDAY
JUNE 13, 2017 CONVENE: 6:00 PM
LOCATION: CITY HALL
ROLL CALL
Public Hearing for the Adoption of the 2017-2018 Budget
A) Public comments/testimony
B) Discussion and adoption of the 2017-2018 Budget
C) Approval of Resolutions:
· #R-1706-2 Transferring Appropriations between funds 2016-2017 year
· #R-1706-3 Adopting the Budget for the fiscal year 2017-2018, Making Appropriations, Levying Taxes and Declaring the City's Election to Receive State Revenues
COUNCIL MEETING AGENDA
JUNE 13, 2017 CONVENE: 6:15 PM
LOCATION: CITY HALL
Mayor's Report
· Clarify Marijuana Issues
Consent Agenda
The items on the Consent Agenda are considered routine and all will be adopted by one motion unless a Council Member or a person in the audience requests, before the vote on the motion, to have any item considered separately. If any item is removed from the Consent Agenda, it will be discussed immediately following the vote for the other items on the consent agenda.
· Minutes of May 9, 2017 Council meeting.
· June accounts payable.
· Resources and obligations report - May
City Recorder/Public Works Reports
· Reports
Administrative Matters
· Request for Approval of Location of the Baker Valley Mennonite Church and Powder Valley Christian School in Elkhorn Grange 925 Third Street
· Water & Sewer Rate Increase
Unfinished Business
New Business
Public Comments
The City of Haines complies with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act. Assistance is available for individuals with disabilities by calling 856-3366 or the Oregon Telecommunications Relay Service. Their phone numbers are: TTY: 800-648-3458/Voice: 800-848-4442The City of Haines is an equal opportunity Employer and Provider. Complaints of Discrimination should be sent to USDA Director, Office of Civil Rights, Washington, D.C. 20250-9410
Approved
Council______Date______
CITY OF HAINES
BUDGET HEARING
JUNE 13, 2017
CONVENED: 6:00 PM
CITY HALL
Mayor Jim Brown opened the June 13, 2017 City of Haines Budget Hearing at 6:00 pm. Council members present were Katie Jones Bedolla, Lisa Whited, Ken Bain, Don Adcock, John Shurtleff and Connie Pound Lewis. Also present were City Recorder Valerie Russell and Public Works Brandon Fry.
Citizens present: Sandy Wood, Garla Rowe, Jody Anthony, Angie Shurtleff, JoAnn Illingsworth, Travis Cross, Marie Dillman and Cindy Endicott. Planning Director Richard Howe was also present.
Public Hearing for the Adoption of the 2017-2018 Budget
Public Comments/Testimony
There were no public comments.
Discussion and adoption of the 2017-2018 Budget
There was no Council discussion concerning the 2017-2018 Budget.
Councilor Jones-Bedolla made a motion to adopt the 2017-2018 Budget. Councilor Adcock seconded the motion. The motion passed with unanimous consent.
Approval of Resolutions
Resolution #R-1706-2 Transferring Appropriations between Funds 2016-2017 year.
City Recorder Valerie Russell read aloud Resolution #R-1706-2 to the Council.
Councilor Pound-Lewis made a motion to accept Resolution #R-1706-02. Councilor Shurtleff seconded the motion. The motion passed with unanimous consent.
Resolution #R-1706-3 Adopting the Budget for the fiscal year 2017-2018, Making Appropriations, Levying Taxes and Declaring the City's Election to Receive State Revenues
City Recorder Valerie Russell read aloud Resolution #R-1706-3 to the Council.
Councilor Jones-Bedolla made a motion to accept Resolution #R-1706-3. Councilor Shurtleff seconded the motion. The motion passed with unanimous consent.
There was no further discussion on the 2017-2018 Budget.
Mayor Brown adjourned the 2017-2018 Budget Hearing at 6:10 pm.
Approved
Council______Date______
CITY COUNCIL MEETING
JUNE 13, 2017
CONVENED: 6:10 PM
Mayor Jim Brown opened the June 13, 2017 City Council meeting at 6:10 pm. Council members present were Katie Jones Bedolla, Lisa Whited, Ken Bain, Don Adcock, John Shurtleff and Connie Pound Lewis. Also present were City Recorder Valerie Russell and Public Works Brandon Fry.
Citizens present: Sandy Wood, Garla Rowe, Jody Anthony, Angie Shurtleff, JoAnn Illingsworth, Travis Cross, Marie Dillman and Cindy Endicott. Planning Director Richard Howe was also present.
Agenda Item No. 1 – Administrative Matters
Request for Approval of Location of Baker Valley Mennonite Church and the Powder Valley Christian School in Elkhorn Grange 925 Third Street
Planning Director Richard Howe explained to the Council that there had been a request to see the Conditional Use Permit for the Baker Valley Mennonite Church and the Powder Valley Christian School to be located in the Elkhorn Grange. Richard stated that there is not a provision in the current Land Use Plan and Zoning Ordinance for Conditional Use Permits, instead what is required is Council approval for this type of use as a Church and School in a Commercial/Residential zone.
City Recorder Valerie Russell read aloud the request from the Elkhorn Grange to allow the Baker Valley Mennonite Church and the Powder Valley Christian School to be located in the Elkhorn Grange. The request was submitted by Joann Illingsworth on behalf Elkhorn Grange #908.
Discussion followed.
Councilor Whited stated “The contingencies within this city should have a say so, the public, should be able to say if whether a school resides there at a hearing. The individuals don’t live, don’t reside, don’t have anything to do with our community, don’t bring things economy wise to this community. I feel that it needs to be left up to the contingencies of this community the tax payers, the ones that pay water and sewer, property tax and the business owners, the people it effects. It has effects on businesses and the face value of certain businesses.” Councilor Whited also commented that she did not appreciate the City spending money to buy personal signs for them. The Powder Valley Christian School signs.
City Recorder Valerie Russell stated that the City did not purchase the “Powder Valley Christian School” sign.
Mayor Brown explained that the City did purchase the school zone signs, just like for any other school.
Councilor Whited also stated that the City deemed the Powder Valley Christian School, a legitimate school.
Joann Illingsworth stated that the Mennonite Church purchased the Powder Valley Christian School sign and the Mennonite Church registered the Powder Valley Christian School as a school with the state of Oregon before the Elkhorn Grange would allow them to be located in the Elkhorn Grange approximately four years ago.
Councilor Jones-Bedolla commented on when Joann Illingsworth came to the Council concerning the Elkhorn Grange being charged for water and sewer services and when approximately that had taken place. She said that on some level the fact that the Council stated that it was a school and that they should pay utilities was recognition that it was a school.
City Recorder Valerie Russell stated that she would have to look in the records, but she thought it was approximately in the spring of 2015.
Councilor Adcock pointed out that no one on the Council had a problem with the school being located in the Elkhorn Grange at that time.
Planning Director Richard Howe stated that it sounded like a conflict of interest to him.
Mayor Brown explained that City Attorney Dan Van Theil had said that the school was already established and even if it should have been approved by the Council, it was just a mistake. Dan stated that one way to correct the mistake would be to go ahead and go through the approval process. Dan stated that the City did not have to do anything but it was an option.
Councilor Bain made a motion to allow the Baker Valley Mennonite Church and the Powder Valley Christian School to be located in the Elkhorn Grange. Councilor Shurtleff seconded the motion. Councilors Jones-Bedolla, Pound-Lewis, Bain, Adcock and Shurtleff voted yes. Councilor Whited voted no. The motion passed with majority consent.
Mayor Brown also commented that the OLCC stated that the Powder Valley Christian School would not have an effect on the Frontiers OLCC licensing or expansion of a patio. And would not have an effect on future licenses if the business was sold to another individual as long as they qualified to be licensed.
Agenda Item No. 2 – Mayors Report
Clarify Marijuana Issues
Mayor Brown explained that he wanted to clarify the marijuana issues that took place recently and present the documented facts to the Council and community.
Councilor Whited declared that there was a conflict of interest concerning the marijuana discussion and stated that she was removing herself as a Council member due to a conflict of interest.
Mayor Brown stated that shortly after the May Council meeting the City received a phone call from Scott Winkles from the League of Oregon Cities concerning the marijuana issues and the Powder Valley Christian School. Someone contacted Senator Ted Ferrioli who in turn contacted the League of Oregon Cities and asked them to investigate the Powder Valley Christian School and the marijuana issue. After discussing the events with League of Oregon Cites they reassured the City that the City followed all the legal guidelines concerning the marijuana issues.
Mayor Brown recapped the timeline of events. Beginning with the first Land Use Compatibility Statement that Top Shelf Dispensing LLC, Jerry Endicott and Lisa Whited, submitted to the City for a marijuana dispensary and grow facility. When the City was presented with the application Jerry and Lisa were informed that they could not put the dispensary within 1,000 feet of the school. The Powder Valley Christian School is located much closer than 1,000 feet. Lisa had stated that it was not a school and it was not on the OLCC’s school locator map. She also stated that the school was over 1,000 from their proposed facility site.
Lisa commented that she was referring to the public Haines Elementary School being located over 1,000 feet from the proposed facility and was not referring to the Powder Valley Christian School. She also reiterated that the City officials deemed that the Powder Valley Christian School was a school.
Mayor Brown explained that Lisa had been told that the City needed to do their own research on the matter. Patrick Owen from the OLCC was contacted and the OLCC and the OHA (Oregon Health Authority) determined that it was a school and placed it on the locator map along with several other schools around the state. The City did not make the ruling that the Powder Valley Christian School was a school, it was the OLCC and the OHA that made that ruling. Mayor Brown added that the whole incident costs the City a considerable amount of money in attorney fees and expenses for the public meetings.
The City attorney and the League of Oregon Cities advised the City to adopt an ordinance declaring a temporary ban on all marijuana facilities until it could be voted on by the electors in the next general election. At the first public meeting, the public was asked if they wanted the City to proceed with the ordinance. There was a considerable amount of people in attendance and at that time over 20 people provided public testimony that they wanted the City to proceed with the Ordinance, not one person provided public testimony stating that they didn’t want the City to proceed. The City followed the rules concerning passing an emergency ordinance in which case the second and third readings of the ordinance can be conducted in one meeting. At the final public meeting to adopt the ordinance the City was presented with a letter from Top Shelf Dispensary LLC’s attorney threating to sue the City if the Council voted to adopt the ordinance.
Lisa stated that their attorney sent another letter clarifying that one of the requirements to pass an ordinance had been met. Lisa said that there was not a law suit, the letter stated “in the event of a lawsuit”, there is no law suit.
Mayor Brown and City Recorder Valerie Russell stated that they did not receive another letter from their attorney.
The members of this community and the outlaying area were very adamant that they did not want a marijuana facility in Haines and that the City was doing the right thing. The Council adopted the ordinance, it is filed with the OLCC and the OHA and it will be on the ballot in the 2018 general election.
Mayor Brown asked Lisa what her objectives and her intentions were. And also, if she felt that she could be a productive member of this City’s government.
Lisa stated that there is not a lawsuit. She commented that she felt that she was a productive member of the City government, she always does her homework and comes to the meetings prepared.
Councilor Adcock asked Lisa about confronting him in the Frontier concerning the matter.
Councilor Shurtleff commented that he was not aware of anything to do with the proposed marijuana business until it was surprised on the Council.
Mayor Brown stated that Top Shelf Dispensing LLC never came to the Council with a proposal. The City was just presented with a Land Use Compatibility Statement. At that time Lisa stated that the Powder Valley Christian School was not a school. Even though the City had established, according to state law, that there was not a location in the Haines Commercial zone that was outside of the 1,000-foot radius of the school that would allow for a marijuana dispensary. Lisa said that was incorrect because the Powder Valley Christian School was not a school.
Mayor Brown also commented that there is a question of ethics. The Oregon Government Ethics Commission stated that there are grounds to file a complaint against Councilor Whited, the main concern was the threat of a law suit, but it is up to the Council whether they want to file a complaint or not.
Lisa Whited stated the letter referred to a law suit if the ordinance was enacted illegally and that they were not threatening the City.
Councilor Bain commented on the statement in the letter “in the event of a law suit” in the event of a law suit you would be suing us. That means that you were threating us that you could sue us. He added that he did feel threatened by the statement in the letter.
Lisa commented that it would have been Top Shelf Dispensing LLC that would have filed that lawsuit not her personally.
Mayor Brown stated that the City should have been notified that this issue was resolved and there was not going to be a law suit filed.