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About The Baker County press. (Baker City, Ore.) 2014-current | View Entire Issue (April 15, 2016)
10 — THE BAKER COUNTY PRESS FRIDAY, APRIL 15, 2016 Local Sumpter City Council: marijuana store? BY MEGHAN ANDERSCH Meghan@TheBakerCountyPress.com Sumpter City Council’s April 12th meeting was sparsely attended but lively, with a marijuana consignment shop and employee benefits versus city budgetary constraints major topics of discussion. Bills Councilperson Robert Armbruster stated he did not find any record of the increased CIS insurance payments being presented to or approved by council. Myers replied, “Some bills are automatic, and have to be paid.” Armbruster countered that insurance is necessary, but that an increase in benefits that are discretionary doesn’t need to be accepted. Rowan clarified that the Coun- cil has been paying the increased bill every month without a problem since January. Armbruster stated that is correct. Armbruster said it was his understanding that the removal of snow to the McCully water intake was done prior to the emergency declaration. Myers stated that was not true. Councilperson Cary Clarke, who did the work, stated he was not going to do anything without prior approval. Armbruster then asked what the payment to City Attorney Van Thiel of $200 for theft of services was about. Myers replied it had to do with “investigating some hookups that haven’t been made and should be.” Armbruster inquired about a $50 payment to the attorney regarding marijuana sales. Myers stated there are people who want to manufacture and sell marijuana in town and he asked Van Thiel what the City can and can’t do about it. Motion to pay all bills exclusive of the snow removal fee passed. Armbruster stated he did not have an issue with the work done, but it is his un- derstanding that the work preceded any approval and that Council did not know of an emergency. Myers stated he knew something had to be done “now” and authorized the work. Arm- bruster replied, “You’re one of five Council mem- bers. I can authorize the same thing? We’re on the same level.” Utility Manager Jeff McKinney stated, “I would hope you would.” Mo- tion to pay Clarke was approved, with Clarke abstaining from the vote. Utility Manager’s Report High turbidity at Mc- Cully Creek has been caus- ing issues, necessitating over 26 trips in to maintain the flow. This proves the decision to plow was the right one. The storage tank is at 13.2 feet, less than ½ capacity because of the disruptions in flow. Due to all the sand and pyrite in the water and high flow, the fish drains are plug- ging regularly, requiring constant maintenance. McKinney has been in touch with the federal supervisor of the high- way project as well as the County and has been given an estimated late May/ear- ly June start date to begin work on city streets under the street grant. McKinney said he talked with FEMA and local Emergency Management regarding relief for the cost of plowing the access road. Jason Yencopal suggested McKinney attend train- ing with him on accessing funding for emergencies. McKinney stated he received a forwarded let- ter concerning illegally dumped tires left in the city burn pile. He apologized for not getting them re- moved last fall as intended, due to snow. Two truck- loads of tires have now been removed with three or four loads left. McKinney said the burn pile is high maintenance and, due to abuses and issues with the neighbor, he recommends it closed until under control or even permanently. Rusty piping in the water plant will need to be re- paired at a cost of $1,000- 1400. McKinney stated if the repairs are not done, there will be rust holes in the pipes in the near future. Rust is due to chlorine gas and became an issue due to previous years of operation with leaky pumps and a broken ceiling exhaust fan. Fire Dept. Jim Sheller reported one small fire in town. The brush truck is in service. Training focus will switch from medical over to fire a lot more as the weather gets nicer. Rebecca Long from Portland presented high-performance CPR training last month. Planning Commission Woolf reported on 3/17, a hearing was held regarding street vacations and lot line adjustments. The ordi- nances are being prepared and Council will probably see them next month. Dur- ing the following regular meeting, the Commission reviewed a zoning applica- tion for a property subject to neighborhood covenants and restrictions. During the 4/7 meeting, the Commission reviewed six zoning applications. One was approved with some changes and two were approved as sub- mitted. There will be a hearing at 6:45 on 5/5 regarding an application that involved a conditional use permit. On another, a setback for a shed was approved and setback for a carport was not. This will be revisited at the next meeting. The final application did not have all necessary steps in place for approval and was tabled. On 3/30, the Commission had a training with Jeff McKinney on sewer ordi- nances and DEQ require- ments. Due to the Town Hall next week, the 4/21 meeting will not be held. Marijuana store Carson Farnsworth stated he would like to open a marijuana consignment shop. Farnsworth stated like a lot of people, he was against marijuana use. Then, he faced a situa- tion where he was given two years to live. “I was supposed to be dead in February.” Farnsworth said it was a last-minute scramble “after all doctors failed me” and “all the pills they gave me made things worse.” He got his medical marijuana card last October. Myers asked if a zoning application has been sub- mitted. Farnsworth was advised to talk to Council first. He said he knows there are health benefits to marijuana and he will be doing just as much good if not better than a pharmacy. He stated he has a wife and five kids who would like to keep him around. Farnsworth is proposing to sell recreational and or/ medical marijuana and explained the difference between THC content al- lowed for each. In regard to a concern raised about smell, Farnsworth stated it will be prepackaged with minimal smell. He proposed to use the house kitty-corner to his parents’ business (The Scoop N’ Steamer) as it is in a commercial-residential area. He pointed out the tax benefits to the City and explained a tax of 1-3% can be imposed on him as the seller, a “good margin when it comes a yearly thing.” Discussion ensued about the time period that Sumpt- er had for opting out of allowing marijuana sales. Woolf stated because the County overwhelmingly denied marijuana, cities had a period in which they could opt out. Sumpter did nothing, and there- fore automatically “opted in.” Julie McKinney said that the City must pass an ordinance and have it go to the vote of the people that sales are taxed. Armbruster asked why not set up outside the City limits? Julie McKinney stated if it’s outside the City, that would be in the County and sales are banned in the County. Woolf said she tells people interested in grow- ing marijuana in the City that Sumpter has a re- ally short growing season. Julie McKinney added that the deer love it, too. Armbruster stated it’s an issue of gateway when talking of medical versus recreational use and that it’s the social element that has people concerned. Kathi Vinson said she has a number of adopted children with epilepsy and medical marijuana is the “only thing that’s keeping them upright.” She stated her concern is having the store be the first thing people see when coming into town. She would prefer it could be “off the main drag a little.” Jeff McKinney stated the law has been passed, marijuana use is legal, there’s no way to stop it, and the City Recorder has researched how the City can benefit monetarily. Clarke asked what’s the point of revenue when it ruins the town. McKinney said he is against mari- juana, but “we don’t have a choice.” Farnsworth responded Huntington was dead with no business to speak of, but the town is making a turn around since allowing marijuana sales. Myers said the issue could not be immedi- ately resolved and asked Farnsworth to present his written information to the City Recorder. “We will take it under advisement and probably appoint a committee.” Vinson said ordinances take at least 60 days, so it will need some time. Farnsworth stated he is unfortunately one of many with a need. Mayor’s Report Myers said Sumpter received a letter stating what they need to do to obtain the Wright House (Superintendant’s House). The City must include a revisionary clause that if they plan to no longer use the property for a nonprofit purpose, the title goes back to the State. The City must state its intent to use the property for a public pur- pose. And, the City must be willing to grant ve- hicular easement between the Wright House and the museum. Myers stated there is an alleyway that can be used for access and that the last request should be protested as the city-owned lot between the buildings couldn’t be used for any future plans if there was an easement there. Woolf read a draft of a letter agreeing to the first two terms and proposing the alley as a permanent form of access. John Young suggested adding that there are two property owners who only have ac- cess through the alley, so it cannot be vacated. Council voted to send the letter of acceptance with the addition of Young’s suggestion. Myers stated he gave copies to all Council members of an e-mail regarding the contract for the wastewater improve- ment project. He stated the first five pages are a “relatively standard clause contract” and suggested Council members take it home and work on it. The report also contained an attachment with specific things the engineering firm will do and a spreadsheet with estimated costs for the project. Myers stated they are working with Shanna Bailey at Infrastructure Financing Authority and looking at a 50% grant. Bailey is also working towards other grants. Parks Attendant Position An advertisement for the position has been put out with a deadline of 4/22. McKinney stated there have been no applicants. Bathrooms Jeff McKinney stated he wants to commend and compliment the volunteer caring for the bathrooms at Volunteer Park and that this happens to be the mayor who is very humble and doesn’t talk about everything he does for the town. McKinney said when the park and build- ing were planned, lots of people said they’d help clean the bathrooms but he hasn’t seem them actually volunteer. McKinney said, “When the mayor of the City is cleaning toilets, that is above and beyond and I want to recognize that.” Lawsuit It was voted to go to a jury trial. Myers said, “This little City cannot afford this any longer. I hope we understand we need to work together and get it resolved.” Benefits/Budget Jeff McKinney stated he received an undated letter to staff, Councilors, etc. from Councilor Oakley. He stated there are allega- tions in the letter and that Vinson and himself have responses to the allega- tions. Myers stated this Meghan Andersch / The Baker County Press Carson Farnsworth (center, left) addresses the Sumpter City Council. should be taken care of in a different arena. McKinney stated he had another letter concerning things said in a Council meeting that reflect poorly on employees and he would like them addressed. He asked if the mayor would like to do that later, too? Myers responded that some of what needs to be done should be ac- complished behind closed doors. McKinney stated the comments were made during a public meeting. Oakley stated that at a recent meeting allegations were made about her being on drugs and not needing to be driving. McKinney stated that was said after a meeting, but was inappro- priate, and he apologized. The ensuing discus- sion was headed by Cary Clarke (voted at a previous meeting as liaison between Council and City em- ployees.) Myers sat back from the Council table and listened to the discussion. Clarke reviewed the writ- ten responses of City staff and asked that a copy be given to Oakley. Oakley stated that if an attack is to be made on a Councilor, the Councilor should be asked if they want an open or closed meeting. McK- inney stated this was not an attack, but respectful responses to her questions and was all very positive. Clarke handed the copy he had reviewed down the table to Oakley. McKin- ney read aloud through the letter by Oakley, also reading the answers by City staff to each question or statement. Several had to do with benefits to City employees in comparison to employees in other nearby cities. Others had to do with maintenance, upcoming repairs, and reserve funds. Bookkeeper Vinson then explained the cur- rent budget was passed before these issues came up. It was approved by the Budget Committee, which included Council. Oakley said every year between April and July, Council must get together and see if they can afford the increases. Vinson said that is very true, but changes can’t start in the middle. Vinson is working on the new budget. Information from local cities was discussed, in- cluding Halfway employ- ing an outside firm to do their bookkeeping. Young stated under a previous mayor, Sumpter looked into hiring an account- ing firm and found it cost 20-30% more than hiring a part-time bookkeeper. Vinson said she talked to several cities and Halfway is the only one requir- ing employees to pay a percentage of benefits. She stated it’s fine if that’s what Council wants, but that must be negotiated with personnel and it is not their fault the Council did not discuss this option for the current budget year. Clarke stated it is neither employee nor City fault that insurance costs are increasing. Both McKin- neys and Vinson shared examples of how their benefit costs are increasing and coverage reduced. Oakley stated when a business is not profit- ing, cuts have to be made somewhere and that Sumpter keeps adding things on. Clarke said the City needs to figure out how to keep a balanced budget without taking money from employees. Jeff McKinney stated he believes Oakley has a con- ception of a budget short- age but hasn’t conferred with the City Recorder or Bookkeeper. Armbruster said he is hearing a lot of numbers and that they need a matrix that compares cities and populations with employee compensation and benefits. Vinson stated she is con- centrating on the budget and can’t spend more hours on this issue. McKinney asked Vinson permission to read a line from a letter she submitted to Council. Vinson stated, “I suppose so,” and left the room temporarily. McKin- ney read, “Get someone else, if you feel I am not qualified.” Armbruster said it has been a year since employee evaluations were conduct- ed and that Council needs to set a time for an Execu- tive Session to redo them. Myers said he asked for an extension on the reviews and wants to stand by that. He said part of the reason is that the manual (Employee Handbook) is in question and asked for a motion to put off the reviews until September. Clarke motioned to put off the reviews for further education. Motion passed three to two with Arm- bruster and Oakley against. Armbruster stated there are in “excess of fifteen review areas that have gone un- touched for 9-10 months.” He said, “If that’s account- ability and what we expect, so be it.” Public Input Young stated the snowmobile club usually donates $400 to the City for rent of the hall for all meetings and the Poker Run. This year, the club proposes the alternative of donating $800 towards construction of a canopy over the walkway into the schoolhouse The funds would be put in the control of the Sumpter Valley Community Volunteers (SVCV). Young said hopefully at the SVCV meeting, they will agree to put up the remain- ing funds. Clarke gave an estimate of $1200 for materials. SVCV and the snowmobile club would do the construction them- selves, including cover and handrails. They would like to include electricity, but are not sure about per- mits. The lighting may be left to the City to put out to bid after the project is turned over to them. If this project doesn’t go forward, the snowmobile club will donate the $400 as usual. Motion to allow the project and appoint Clarke liaison was carried.
