10 — THE BAKER COUNTY PRESS
FRIDAY, OCTOBER 28, 2016
Local
Drug
lab
site
CONTINUED FROM
PAGE 1
The hospital was put on
alert in order to enact the
specialized protocol they
have established for treat-
ing potential methamphet-
amine-affected patients.
Street was transported
to the hospital to be treated
for exposure to the gases.
Neighbors were tempo-
rarily evacuated from their
homes while the source
of the gaseous cloud was
investigated. No one else,
including the Bork family,
required medical attention.
The scene was immedi-
ately secured and locked
down. Police quickly
worked to obtain a search
warrant for the property.
Members of OSP’s Drug
Enforcement Section re-
sponded to the scene, from
Central Oregon, to assist
with the investigation.
Then, over the next year
an a half, a lengthy process
ensued regarding the
property.
On February 6, 2015,
Lohner sent a letter to
property owner, David
Baggerly, advising him
that the house had been
determined to be an illegal
drug manufacturing site,
and that due to the health
risks associated with that
contamination, would need
to be barred from entry
and vacated. Possessions
located inside, also consid-
ered contaminated, were
not to be removed until
assessed.
Under State law, Bag-
gerly had 180 days to have
the property assessed and
cleaned as necessary to
become fi t for use.
In what later appeared
to be an unrelated incident,
Street, after being released
from custody, was reported
by his wife as a missing
person. Weeks later, Street
reappeared.
Meanwhile, the assess-
ment and cleanup of the
Second Street house never
happened.
Said Lohner, “We got an
order to abate the property,
which started with the City
having to get the property-
Kerry McQuisten / The Baker County Press
Police made the meth-related arrest at 301 2nd Street last year while nearby neighbors were temporarily
evacuated.
tested.”
Tester, Karl Kunkle, an
authorized Clandestine
Drug Lab testing profes-
sional in the State
of Oregon, performed a
methamphetamine contam-
ination test of this property,
including multiple rooms
and a van.
Samples were sent via
UPS to Analytical Chem-
istry, Inc. in Tukwila,
Washington.
According to the fi nal
report, twelve four-point
composite samples were
taken, representing forty-
eight sample points.
“Levels in this house
rank as one of the highest
that contractor has seen in
our 15 years’ experience.
Based on these levels prop-
erty should be mitigated by
a licensed drug lab cleanup
contractor before being
placed back into use.”
Lohner said the site, as
he understands it, is not a
health danger to surround-
ing neighbors who would
naturally not be in direct
contact with the property.
The assessment cost the
City $1,450 to complete.
The matter then passed
from the Police Depart-
ment to the City’s Building
Department.
In a letter dated October
25, building offi cial Ken
Hall explained to Bag-
gerly that the house is in
violation of the Baker City
Code of Ordinances 97.42,
Unsafe Buildings.
The letter further reads,
“Due to the above viola-
tion, the Building Offi cial
is classifying this property
as an ‘imminent hazard.’
I am requiring immediate
action, Ordinance 97.43.
When a structure or por-
tion thereof is determined
to be an imminent hazard
to life, health, property or
public welfare, the Build-
ing Offi cial may order or
cause immediate emergen-
cy abatement of the condi-
tion causing the imminent
hazard.
“This may include
boarding-up of openings
in order to render such
structure temporarily safe.
After such abatement, the
Building Offi cial shall
notify the owner of the
property within 20 work-
ing days of the abatement
that the abatement action
took place, the cost of the
abatement. Due to this
classifi cation, a Notice
of Unsafe Occupancy
has been posted on the
property as of October 20,
2016, Ordinance 97.45.
“You are being issued
this Notice of Violation in
conformance to Ordinance
97.44. This notice will be
mailed via Certifi ed Mail,
regular mail, and posted on
the property as of October
25, 2016.
“The Building Offi cial
requires that you make
arrangements to abate this
issue within the next 14
days.
“This can be achieved
only two ways. The fi rst
option is to hire a licensed
drug lab cleanup contractor
to mitigate the contamina-
tion. The second option is
to demolish the structure.”
There is no word yet
as to the steps the owner
plans to take.
Sumpter holds third marijuana workshop
BY MEGHAN ANDERSCH
Meghan@TheBakerCountyPress.com
Sumpter City Council
held a third workshop to
discuss proposed mari-
juana Ordinance 2016-3
on October 21st. Mayor
Cary Clarke and Council
members Samantha Rowan
and Greg Lucas attended.
Clarke stated he had
been inundated with calls
and visits regarding this
issue and requested several
additions and amendments
based on concerns shared
by citizens. Updated cop-
ies of the draft ordinance
and changes to be re-
viewed were available.
LeAnne Woolf asked
if city attorney Dan Van
Thiel reviewed each of
the additions and Clarke
replied that he had and said
they sounded good.
Fees
The draft ordinance
states the permit applica-
tion fee to be $50. Clarke
said other municipalities
have various fees in place,
some up to $1800 for the
initial application, and that
he is good with the $50.
Consumption
The draft ordinance
states marijuana products
are not to be used in pub-
lic. It was asked who will
monitor this, for example
in the state park. Clarke
stated honest citizens
will police themselves,
as with alcohol, and he is
sure there will plenty of
signage.
Operating Hours
There was much discus-
sion of the wording that,
“Three days prior to the
Flea Markets, during the
Flea Markets and three
days after the Flea Mar-
kets, dispensaries will be
closed to the public.”
One concern cited was
parking during events.
Lucas explained that if
parking is already an is-
sue, marijuana business
customers will add to the
logistics and that will
be a concern if it affects
residents negatively. It
was pointed out that liquor
store parking goes else-
where during the markets.
Rowan stated it would be
unfair to require a business
be closed for potentially
ten days. Others com-
mented on the fact that
there would probably be
more business on those
days as well.
Clarke stated wording
can be removed, and if it
becomes a future problem,
it can be taken to a vote of
the people. City Recorder
Julie McKinney pointed
out that Council can
always go back and amend
the ordinance if necessary.
The draft ordinance
states that hours must be
no earlier than 9 a.m. or
later than 5 p.m. Monday
through Sunday. There
were questions about
whether marijuana busi-
nesses would be open
seven days a week. Rowan
clarifi ed that the business
owner would have the
option to decide which
day to be closed. Clarke
suggested the wording be
that the business be open
six days a week, with the
owner to choose which day
to close.
Grow Sites
Clarke stated grow sites
was one of the number
one concerns brought to
him, with water use so
restricted in the summer.
Woolf said that accord-
ing to a document sent to
the planning commission,
a typical grow uses less
water than a four-person
family home without a
lawn. Rowan said that
there are less people and
less impact for a grow site
than a marijuana retail
site. McKinney stated she
believes any grow sites
would be hydroponic and
not sucking down water.
Clarke said that before the
Council decides anything
on grow sites, they should
get legal clarifi cation.
Accounting System and
Record Keeping
These sections of the
draft ordinance stated that
“any and all costs incurred
by the permittee” associ-
ated with the required ac-
counting or record-keeping
practices must be paid
by the permittee. Karen
Peters asked if this section
should not read “costs
incurred by the City” as a
business has to pay its own
bills anyway. McKinney
noted this change for both
sections.
Business Location
Woolf asked if Van Thiel
commented on whether an
implicit ban is the same
as an effective ban. The
draft ordinance states “a
dispensary or retail sales
outlet must not be located
within 1,000 feet of the
real property comprising
a public state, county, or
city park.” Woolf pointed
out that 1,000 feet from
the Dredge State Park goes
to Bonanza Street and the
highway, eliminating the
whole “CR zone.” Be-
cause the businesses can-
not by state law be located
in a residential district, the
City would effectively ban
marijuana business.
Lucas stated that he can
see this issue is headed for
general referendum. He
said that if the negative
impact is so big that it goes
to referendum anyway,
it would not be fair to let
businesses invest and then
“pull the rug out.” He
said on the other hand, the
Council has to consider
what the people who live
in town want yet.
Lucas said that whether
he is for or against mari-
juana doesn’t matter. “I
sit at this table because I
represent who lives in this
town.” He said Council
does not have the privilege
to bring their own bias. He
said if the people want the
marijuana businesses to
operate, Council needs to
expedite the process, and
enable businesses to be
successful, while allowing
individuals to be impacted
in a minimal way. He said
if the majority doesn’t
want it, Council will have
to ban the businesses.
Peters stated that due to
being run out, laughed at,
embarrassed, or attacked,
there are elderly people
who attended Council
meetings and shared their
opinions who will not be
back. Lucas stated that
will be addressed in up-
coming months.
Dennis Farnsworth said
he heard citizens in Half-
way got together a petition
against marijuana busi-
nesses and lost because the
State said they’d lost their
turn to opt out. He said he
could see Oregon saying,
“You’ve already opted in
because you didn’t opt
out.”
Lucas stated a special
election cannot be held.
It must be addressed in a
general election.
Several people men-
tioned the length of the
process to date. Lucas said
in the interest of expedi-
ency, the Council needs to
get the ordinance written
up and approved as legally
right, and get the approval
or disapproval of citizens.
If they send the ordinance
in to OLCC and OHA and
tell them they’re referring
this to referendum, it puts
a moratorium on the issue
until then. Clarke stated his
feeling is it has to go to a
vote of the people. Lucas
will also arrange a meeting
with Van Thiel.
VAL’S VEGGIES’
Corn Maze and
Pumpkin Patch
Midnight in the maze!
Come out and see if you can find your way through the
corn maze and solve the scavenger hunt on the way. Then
head over to the pumpkin patch and pick the perfect
pumpkin for carving. Pumpkins are priced by the pound.
Admission: $8/ person, ages 12 and under are $5/ person
Kiddie Maze available for ages 6 and under for $3/ person
Group rates available for 15 or more upon request.
Sunday 10 a.m. to 6 p.m.
Monday-Thursday 10 a.m. to 4 p.m. by appointment only
Friday 10 a.m. to 4 p.m.
Saturday 7 p.m. to 9 p.m. only
Oct 29 ~ Midnight in the
Maze, 7 pm - Midnight.
Featuring the band steve
k and the bounty hunters
playing from 7 to 9 pm.
Oct 30 ~ family day...
discounted tickets and
games.
Oct 31 ~ open 5 pm to
midnight for Halloween.
Directions: Take Hwy. 203 to Medi-
cal Springs. At mile marker 26, turn
on Blue Mt. Ridge Road, go a half-
mile and turn right on
Houghton Creek Rd. Go 2
miles. Maze is on left.
Call 541-853-2358
or go to www.valsveggies.
com for more information.