BINGEN CITY COUNCIL MINUTES
February 6, 2006
The meeting was called to order by Mayor Prigel at 7:00 p.m. Council members present: Terry Trantow, Betty Barnes, Randy Anderson, Tim Hearn and Laura Mann. Clerk Jan Brending and Attorney Tad Connors were present. Audience: Ruth Winner, Jesse Burkhardt, Linda Jones, Jerry Jones, Jerry Bertschi, Chris Connolly, Barney Connolly, Etta Hepner, Mark Zoller, Sharon Martin.
Public Comment
Tim Hearn, Bingen
Tim Hearn thanked Ruth Winner for a private tour of the Gorge Heritage
Museum. He said the museum is something to be proud of. Hearn said the tour of
the museum has changed how he feels about the museum.
Ruth Winner, Gorge Heritage Museum
Ruth Winner referenced a newspaper article that discussed a water tower as
serving as a hometown landmark that inspires community pride. Winner said
Bingen’s hometown landmark is the Broughton flume.
Winner said a committee met and came up with 12 to 13 ideas related to the flume and Daubenspeck Park. She said that some of the ideas include relocating the flume parallel to Highway 14, leave it where it is located, and put it over Willow Street. Winner said other ideas including doing something with the basketball court, posting current events near the flume, providing historical signs along Highway 14, providing a border for the flume using a picket fence or railroad ties, installing a flag pole and getting a flag donated, lighting the flume 24 hours, etc. She said that the committee wants to highlight the history of the flume and provide low to no maintenance landscaping. Winner said she has also received information from the company that provides the National Scenic Area interpretative signage. She asked that discussion of the flume be put on the agenda in the near future.
Randy Anderson, Bingen
Randy Anderson said he is speaking as a citizen of Bingen and not a city
council member. He said that after the city council was informed of Rich
Cortese’s removal from the position of Police Chief he heard an outcry from the
local community. Anderson said there are 404 signatures on the petition that has
been presented to both city councils. He said there was no advertising about the
petition and feels that if there had been advertising more signatures would have
been collected. Anderson said the petition calls for the reinstatement of Rich
Cortese as Police Chief. He said he would like the Bingen City Council to send a
letter to White Salmon calling for the reinstatement of Rich Cortese.
Linda Jones, White Salmon
Linda Jones said she is a resident of White Salmon and supports the
reinstatement of Rich Cortese. She said that Roger Holen’s actions are an abuse
of power, unethical, and wrong. Jones said that the removal of Cortese as Police
Chief will have an adverse impact on the police department and the community.
Jerry Bertschi, Lyle
Jerry Bertschi said he agrees with Randy Anderson and Linda Jones. Bertschi
asked Mayor Brian Prigel if he was quoted correctly in the newspaper as being in
agreement with the removal.
Brian Prigel said he was quoted correctly. He said he will not discuss personnel issues in public. Prigel said the City of Bingen does provide funding for the Bingen-White Salmon Police Department. He said the agreement between the two cities provides for the mayor of White Salmon to hire and fire the police chief.
Laura Mann said she would like to have a copy of the contract with White Salmon that provides for law enforcement services. She asked that review and discussion of the contract be placed on the agenda to see if there are any changes that need to be made. Mann said that as she stated at the last city council meeting she is shocked that something like this could happen. She said she would like to read through the contract and see what kind of position the City of Bingen has and possibly consider changes that need to be made to the contract.
Randy Anderson noted that Rich Cortese has been placed on administrative leave and not fired. He said that Mayor Holen can reinstatement Rich Cortese at any time.
Sharon Martin, White Salmon
Sharon Martin said she feels that the removal of Rich Cortese as Police
Chief sends a horrible message to the people coming to the community.
Chris Connolly, Snowden
Chris Connolly asked if the mayor’s position is similar to that of a state
governor or the president of the United States in that they name their own
cabinet.
Brian Prigel said that is correct.
Randy Anderson said there is a state statute that would allow the city to create an ordinance where the council has a voice in the selection process of employees but not in the firing of employees.
Betty Barnes said that about 60 people attending the City of White Salmon council meeting the prior week. She provided the city council with a copy of RCW 35A.12.090 that allows a city to pass an ordinance requiring confirmation of appointments made by the mayor. Barnes asked that the issue of adopting an ordinance requiring confirmation of all appointments by the mayor be placed on the next city council meeting agenda. Betty Barnes said she wants to strongly state that her concerns and issues are not about the two men but about the fairness of the act.
Randy Anderson said he feels Mayor Holen’s actions are unethical.
Betty Barnes said she feels the city council should write a letter to White Salmon voicing displeasure with the dismissal of Rich Cortese and asked that a vote be taken on the issue of writing a letter. She suggested that the city’s attorney, Tad Connors, should draft the letter. Barnes said she wants the letter to state that the city is not objecting to Sgt. Brending but is objecting to the removal of Rich Cortese.
Tim Hearn said that he feels if Rich Cortese is not reinstated it is a deal breaker and that the City of Bingen should pull out of the contract with White Salmon and have its own police department.
Laura Mann, Bingen
Laura Mann asked that a section be added to the agenda where city council
can discuss things that were brought up at the last meeting but may not be
specific agenda items.
Brian Prigel said an “Old Business” section can be added.
Laura Mann provided the city council with a one page synopsis of the Community Action Plan. She said it was difficult to get everything on one page. Mann said she hopes the synopsis will be helpful to the city council.
Laura Mann asked if there are problems with the crosswalks. Jan Brending said she will be discussing the issue with the contractor who installed the crosswalks.
Tim Hearn asked what is happening with the trees that appear to be leaning into Dry Creek. It was clarified that the trees are located on private property and not city property.
Approval of Minutes – January 17, 2006
The following changes were noted to the minutes of the January 17, 2006 city
council meeting:
Page 2, 2nd paragraph, last word: change from “branding” to “brandy”
Page 2, 16th paragraph, last word: change from “checklist” to “synopsis”
Page 3, last paragraph should read as follows: “Brian Prigel said the city has received information from the City of White Salmon regarding a proposed annexation adjacent to the City of Bingen.”
Page 4, add the following after 4th paragraph: “Jan Brending said she will look into what the existing boundaries of the City of Bingen are.”
Page 4, 7th paragraph should read as follows: Brian Prigel said that the police chief is supposed to be hired in consultation with the Bingen mayor. He said that he feels Bingen has far better police coverage than it has ever had since he has been here with very little change in costs.”
Page 4, 11th paragraph, 1st sentence should read as follows: “Laura Mann said she does not know the other people up for the position but she has been impressed with the police presence and familiarity and feels that this has happened through Rich Cortese.”
Page 5, 6th paragraph, 1st sentence should read as follows: “Betty Barnes moved to accept the proposal from Broughton Lumber Company and that the city staff and city council would not micromanage Broughton Lumber Company and the Gorge Heritage Museum.”
Randy Anderson moved to approve the minutes of January 17, 2006 as corrected. Terry Trantow seconded the motion and it was unanimously passed.
Chris Connolly, Programs for Peaceful Living –
Domestic Violence and Sexual Assault Awareness Training Opportunity
Chris Connolly provided information regarding a training opportunity for
domestic violence and sexual assault awareness that Programs for Peaceful Living
is bringing to the area. She said the training will be done by Lt. Mark Wynn who
is a nationally recognized trainer on issues related to domestic violence and
sexual assault. Connolly provided a budget to the city council for bringing this
training to the area. She said she would like to have financial support from the
City of Bingen. Connolly said she feels the issue is important enough that staff
and city council members should attend.
Laura Mann suggested that city staff and members of the police department should attend. She said she feels the city should pay for staff to attend the training.
Jan Brending said funds could come out of the Community Development fund for this type of training.
Randy Anderson moved to provide $500 to Programs for Peaceful Living in exchange for the training opportunity on March 9 and 10. Betty Barnes seconded the motion and it was unanimously passed.
Recreational Highway Signage – Zoller’s Outdoor
Odysseys
Mark Zoller said that in the past several years the city has worked to make
Bingen worth driving through. He said he feels the community is a great
pedestrian center. Zoller said that he currently directs his customers to take
Alternate 141 to BZ Corners. He said that he has proposed that the two cities
make a request to Washington Department of Transportation (WSDOT) that signage
be placed on Highway 14 at the bridge and then at the intersection of Highway
14 and Highway 141 that states “White Water Rafting/Kayaking” with an arrow
directing travelers in the right direction. Zoller said that he feels this would
simplify directions for rafters and kayakers coming to the area. He said that he
would also change his web site if the signage was provided to direct people to
drive through Bingen and White Salmon instead of using the alternate. He said
that he would work to get the other guide services in the area to change their
websites also. Zoller said there are approximately 13,000 commercial users that
come to the area each year.
Brian Prigel said that WSDOT would likely want a resolution from both cities to add the additional signage. He said the signage would be an official highway sign. Prigel said he thinks this would be good for the businesses in the area. He said he would not want to see another sign post added but see the signs added to posts with other signage.
Randy Anderson said he thinks the idea is worth looking into.
Betty Barnes said this is one of the reasons for the downtown revitalization.
Mark Zoller noted that he currently sends his customers on their return trips through White Salmon and Bingen.
Terry Trantow said he also thinks it is worthwhile pursuing.
Ruth Winner noted that Zoller has directed customers to the Gorge Heritage Museum.
Brian Prigel said he is taking the direction that the council would like the city to proceed and find out what WSDOT needs to get the process going.
Mark Zoller said he might be able to provide a commitment from the outfitters to support the request from the cities. He said there is an outfitters meeting in March.
Sign Application – H & R Block
Jan Brending said a sign application has been submitted by H & R Block. She
said the business is located in the old Windermere Real Estate office. Brending
said the proposed signage meets the ordinance requirements including not being
more than 4% of the face of the building. She said the installation of the sign
will require a building permit.
Betty Barnes moved to approve the sign application by H & R Block. Randy Anderson seconded the motion and it was unanimously passed.
Jan Brending said she would like to bring forward a proposed ordinance amendment that would move review and approval of sign applications from the city council to the mayor. She said this would expedite review of the applications.
Betty Barnes said that if the council makes such a change she would like the council to receive a list of sign applications that have been approved or denied.
Washington Gorge Action Programs – Agreement Regarding
Utility Discount Applications
Jan Brending said the agreement and procedures puts into place how
applications for utility discounts for low-income seniors and low-income
disabled persons will be handled by Washington Gorge Action Programs.
Tad Connors said the language in the agreement and procedures allows some flexibility on how the applications are handled by both Gorge Action Programs and the City of Bingen.
Laura Mann asked if applicants are required to recertify annually. Jan Brending said yes.
Laura Mann noted that the word “of” needs to be inserted in the first sentence of the last paragraph of the agreement between “period” and “five”.
Laura Mann moved to approve the agreement with the noted change. Randy Anderson seconded the motion and it was unanimously passed.
Conditional Use Permit 2006-001, Decision – Review and
Approval
Jan Brending said decision puts into writing the decision made by the City
Council at the January 17 city council meeting on the conditional use permit
application submitted by HAC, LLC dba Bad Seed Cider.
Laura Mann asked Brian Prigel if his comments in the minutes regarding the conditional use permit application were correct. Brian Prigel said yes.
Tad Connors said the decision references Bingen Municipal Code 17.40.020E which is the code Brian Prigel was referring to during the last meeting.
Tim Hearn moved to accept the proposed “Findings of Fact, Conclusions of Law and Decision for Conditional Use Permit 2006-001, HAC, LLC dba Bad Seed Cider. Terry Trantow seconded the motion and it was unanimously passed.
Agreement for Legal Representation of Indigent Persons
Entitled to Representation at Public Expense – Annala, Carey, Baker & Thompson,
PC
Brian Prigel said the city has been contracting with Annala, Carey, Baker &
Thompson for several years to provide legal representation of indigent persons.
He said the council authorized Tad Connors to renegotiate the contract with the
current law firm. Prigel said the law firm has requested a $100 per month
increase for the second year of the contract.
Tad Connors said that based on 2004 statistics the city would be paying approximately $142 per case handled by the law firm. He said Klickitat County recently signed a contract providing legal representation at $133 per case.
Jan Brending noted that when the city was using “court appointed” attorneys it was paying much more than $142 per case.
Randy Anderson moved to accept the proposed agreement with Annala, Carey, Baker & Thompson PC for legal representation of indigent persons entitled to representation at public expense. Laura Mann seconded the motion and it was unanimously passed.
Title VI Plan, Nondiscrimination Agreement
Jan Brending said Washington State Department of Transportation is requiring
all cities under 100,000 sign the Title VI Plan, Nondiscrimination Agreement or
develop and adopt their own Title VI plan. She said any city that receives
federal funding is required to have a Title VI plan in place. Brending noted
that the agreement pertains to all services and programs provided by the city.
She said the city will be required to keep some statistics and develop an annual
report. Brending said training is provided by WSDOT to assist with some of the
reporting. She noted that if the city wants to keep getting federal funds and
also not to have to repay any federal funding for the Highway 14 project it will
need to sign the agreement or develop its own plan.
Brian Prigel said he thought the city had adopted such a plan in the past but staff was unable to find a copy or any resolution or ordinance adopting such a plan.
Betty Barnes moved to accept the Title VI Plan, Nondiscrimination Agreement. Tim Hearn seconded the motion and it was unanimously passed.
Mayor’s Update
Wastewater Treatment Plant Operator
Brian Prigel said the city received a substantial number of applications for
the vacant position. He said two individuals applied that had certifications and
experience but due to some concerns he has decided to look for someone local and
that would be a good candidate for training. Prigel said interviews with six
individuals are scheduled for February 17.
Betty Barnes asked if the candidates have experience. Brian Prigel said several have had some training. He said that all will require obtaining certification. Prigel said Micheal Robarge and Tom Hons will be conducting the training for the new hire. He said the city can use a noncertified operator while the operator is in the process of being certified.
Brian Prigel noted that he is reviewing staffing and has begun discussions about shifting staff to make better use of the employees. He said that he may make a presentation to the city council in the future regarding staffing levels.
Streamlined Sales Tax
Jan Brending provided information to the city council about legislation
pending in the state legislature regarding the streamlined sales tax agreement.
She said the legislation is close to passing. Brending said that when the
streamlines sales tax agreements are implemented the city may loose
approximately $6,000 in sales tax per year.
Electrical Outlets – Downtown Landscaping
Betty Barnes said that she feels that at the time WSDOT did the inspections
on the electrical outlets for the downtown landscaping there problems. Brian
Prigel said he will take a look at the issue.
White Salmon Highway 14 Sewer Line Project
Brian Prigel said White Salmon is holding a meeting on February 7 at 1:30
p.m. to provide public information about the White Salmon’s upcoming sewer line
project on Highway 14.
Police Report
Tim Hearn asked that the city council be provided with the police report for
the month of January 2006 by the next council meeting.
Letter to White Salmon Regarding Rich Cortese
Tim Hearn said he would like to see a letter written to White Salmon
regarding Rich Cortese.
Laura Mann said she would like to see a copy of the contract.
Betty Barnes asked staff to make copies of the contract for the city council at the meeting.
Laura Mann asked what the letter would say.
Randy Anderson said the citizens of Bingen and White Salmon want to see Rich Cortese reinstated as Police Chief.
Betty Barnes said she would like the letter to state that the City of Bingen is not against Sgt. Brending but against the removal of Rich Cortese from his duties.
Laura Mann said she would like to read the contract first before deciding to send a letter.
Terry Trantow said he thinks it is appropriate to have some time to reflect on the comments made to the city council and to review the letter.
Laura Mann said that the ultimate decision of hiring or firing the Police Chief is up to the mayor of White Salmon. She said the mayor of Bingen does not have any decision making power but that in light of this situation maybe that is something that could be changed in the contract.
Betty Barnes said she has difficulty with the decision that was made by Mayor Roger Holen.
Brian Prigel asked the city council to think carefully about what it would say in a letter to White Salmon. He said there is always more to the story. Prigel asked the council to think carefully before sending a harsh letter.
Laura Mann asked if there are things that the city council is not aware of. She said that the paper reported that Cortese was not removed from duties due to any particular performance issue.
Brian Prigel said he cannot talk about personnel performance in public. He said that Mayor Roger Holen works more closely with Rich Cortese.
Tad Connors noted that reasons for holding an executive session are limited. He said that the city of Bingen can hold executive session to discuss personnel issues about the city of Bingen’s employees but not the City of White Salmon’s employees.
Randy Anderson said Rich Cortese only had two meetings with the Mayor of White Salmon before he was removed from his duties.
Betty Barnes said she does not want to send a harsh letter but feels it is not a bad idea to let the City of White Salmon know that Bingen thinks the removal of Rich Cortese is wrong.
Laura Mann said she feels that Cortese was doing a good job and was surprised that he was let go because she wasn’t aware of any poor performance.
Randy Anderson said the issue is the ethical conduct of the Mayor of White Salmon.
Tad Connors noted that Bingen could discuss issues related to the contract with White Salmon because of possible litigation. He said the issue could be addressed in executive session from a different perspective.
Laura Mann said she doesn’t think Bingen has many options in the current contract. She said she would like to consider changes for the future.
Randy Anderson said the letter has nothing to do with the contract.
Betty Barnes said the letter would state that Bingen does not agree with the decision made by Mayor Roger Holen.
Laura Mann asked Betty Barnes if she is comfortable in writing the letter.
Betty Barnes asked council members to giver her ideas.
Brian Prigel said the letter should come from the city council and be written by the city council. He said he does not feel there are any legal matters involved.
Vouchers
Vouchers audited and certified as required by RCW 42.24.080 and expense
reimbursement claims certified as required by RCW 42.24.090 as of this date
February 6, 2006. The council by unanimous vote does approve for payment the
following list: warrants 7277 through 7333 totaling $66,016.91; manual warrants
7272 through 7276 and 986520 totaling $6,985.57; and payroll warrants 6487, 6510
through 6519 totaling $17,995.92 for a total of $90,998.40: Current -
$13,985.55; Street - $3,467.05; Community Development - $1,417.93; Street
Construction and Maintenance - $16,117.26; Water - $7,396.23; Sewer - $3,443.56;
Treatment Plant - $11,180.60; Dallesport Treatment Plant - $7,640.46; Water
Construction & Maintenance - $26,349.76.
Executive Session
Brian Prigel announced at 8:30 p.m. the city council will enter into
executive session for 45 minutes to discuss real estate issues.
The city council resumed its regular session at 9:07 p.m.
At 9:10 p.m. the Council adjourned.
Jan Brending
Brian Prigel
City Clerk
Mayor