BINGEN CITY COUNCIL MINUTES
February 21, 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, Bruce Brending, Wayne Wooster, Steve Koontz.
Public Comment
Steve Koontz, White Salmon
Steven Koontz said he has rarely attended a council meeting. He said that
when he has it has been usually in favor or against something specific. Koontz
said that as a community member he is distressed with the police chief decision
and the results. He said that he was not in favor of Linda Jones’ decision to
place Rich Cortese as Chief of Police over Bruce Brending. Koontz said however
that being an adult he recognized the decision that was made and welcomed and
supported Rich Cortese as police chief. He said that as an outsider to the
situation he feels Cortese has done a good job. Koontz noted that he is not an
elected official. He said he is concerned with the comments from both sides that
have been made about the situation. Koontz said he does not remember a similar
outcry two years ago when the decision was made by Linda Jones. He said that in
fact very little was said but everyone took the decision that was made. Koontz
said Roger Holen’s decision has been painful but he has taken the decision. He
said he feels the outcry is really against Roger Holen. Koontz said he is
concerned that people are taking two good men and running their characters
through the gutter. He said that he does not think the people who signed the
petition supported either man prior to this issue. Koontz said it is important
to keep in mind that both men are human. He said he is friends with both Rich
Cortese and Bruce Brending and knows Roger Holen and Brian Prigel as council
members. Koontz asked the city council not to use a political agenda to damage
the character of the two men.
Brian Prigel thanked Steve Koontz for his comments.
Ruth Winner, Gorge Heritage Museum
Ruth Winner provided architectural drawings related to the Gorge Heritage
Museum and ADA accessibility. She said that she will be providing information to
the city council regarding the flume at the council’s next meeting.
Approval of Minutes – February 6, 2006
The following changes were noted to the February 6 council meeting minutes:
Page 2, 10th paragraph, 1st sentence should read as follows: “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.”
Terry Trantow moved to approve the minutes of the February 6, 2006 city council meeting as amended. Randy Anderson seconded the motion and it was unanimously passed.
Public Hearing – Proposed Ordinance 2006-01-522,
Amending BMC 15.12.020, Review of Sign Applications
Brian Prigel said the proposed ordinance provides that the mayor will review
and approve sign applications instead of having them come before the city
council. He said this is an issue that has been discussed by the city council at
past meetings. Prigel said instead of waiting until a complete overhaul of the
ordinance takes place this addresses just the review and approval of signs.
Betty Barnes moved to approve Ordinance 2006-01-522, Amending BMC 15.20.020, Review of Sign Applications. Randy Anderson seconded the motion.
Tim Hearn asked why the city council wants to give up the authority of reviewing and approving sign applications.
Betty Barnes said that because the city council only meets twice a month it ties up businesses who are trying to get their signs approved and installed.
Tim Hearn said he thought the review and approval of sign applications had been turned over to the building official.
Brian Prigel said at the present time, the city council must determine whether a proposed sign meets the requirements of the city’s sign ordinance. He said the building official reviews signs for installation purposes only through the building permit process.
Tim Hearn said he is opposed to anything that takes control out of the council’s hands.
Betty Barnes said she feels there are protections in place. She noted that the businesses get a copy of the sign ordinance when they request an application.
Jan Brending noted that an individual could apply for a variance if their sign does not comply with the ordinance.
The motion to approve Ordinance 2006-01-522, amending BMC 15.12.020, Review of Sign Applications was passed 4 to 1 with the following vote: Anderson – Aye, Barnes – Aye, Hearn – Nay, Mann – Aye, Trantow – Aye.
Interlocal Agreement for Law Enforcement Services –
Review and Discussion
Laura Mann said it was her intention when she asked that the agreement be
placed on the agenda for discussion that council members would take time to
review the document. She asked if there are questions as to how things are and
were being followed in the agreement and what to do with the agreement in the
future.
Tim Hearn said he believes Roger Holen had the right do to what he did.
Laura Mann asked if the city or the mayor was notified of the decisions that were made by the City of White Salmon.
Brian Prigel said yes.
Randy Anderson asked if the mayor was informed of the civil service issue.
Brian Prigel said yes.
Randy Anderson asked why the city council was not informed.
Brian Prigel said he did not think at the time that is was important.
Terry Trantow said that he believes everything was handled correctly based on the existing agreement.
Tim Hearn said he doesn’t believe the council has been given all the facts.
Randy Anderson suggested the city of Bingen establish a police committee that could then meet with White Salmon’s police committee.
Brian Prigel asked if the council would like to see a stand-alone police committee or a joint police committee with White Salmon.
Betty Barnes said a combination.
Brian Prigel said he thinks a police committee would be appropriate.
Betty Barnes said the police committee issue should be part of the agreement.
Brian Prigel asked if there are other things in the agreement that the council would like to see changed or things added to the agreement.
Randy Anderson noted that when the city council of Bingen approved the interlocal agreement, all police officers including the police chief were under the civil service commission. He said he would like to see the police chief position reinstated as being under civil service.
Tim Hearn said that he feels a mayor needs to be able to remove a bad chief. He said he does not believe the Bingen city council has all the facts. Hearn said it is important that Bingen be involved because it is the city’s money that is being spent.
Betty Barnes said that she feels the police chief would be more protected under the civil service process.
Brian Prigel asked if the council wants to ask that the police chief be reinstated under the civil service process.
Betty Barnes said she thinks the nature of policeman enforcing laws is different from other positions. She said she is concerned that a mayor who doesn’t like how a police chief enforces the law can fire that person.
Brian Prigel said he agrees but there is much more to the chief of police position than enforcing laws. He said there is also a down-side to having the position under civil service.
Tad Connors noted that a position under civil service or tenure require specific steps that have to be taken to fire someone.
Jan Brending said another option for the police chief is to require an employment contract whereby if the police chief is fired for any other reason than doing the job wrong then a separation package is provided.
Tim Hearn said he thinks Rich Cortese knew what he was getting himself into. He said however that Cortese probably thought he had a certain term of office but because of the change in mayor that has changed.
Brian Prigel said he thinks that a suggestion of protecting the position under civil service or requiring an employment contract is appropriate.
City council members discussed item 9 which provides for the appointment of the police chief by White Salmon with advice of the Mayor of Bingen and the police chief is directly supervised by the mayor of White Salmon who consults regularly with the mayor of Bingen.
Betty Barnes said that disciplining needs to be done by one person but that the councils should be notified if there are any problems.
Laura Mann noted that the agreement calls for Bingen to maintain a police office.
Brian Prigel noted that in the old city hall there was a separate office used by the police department. Jan Brending said the police department has used the city council meeting room for meetings and taking reports. She said the department does not currently have a key to the facilities.
Bruce Brending said there was some discussion with Bingen about the police department coming in and out of city hall. He said limited access might be practicable and that it is up to Bingen to grant access. Brending said he does not see much of a need for after hour’s use of the facility.
Brian Prigel said the city should be cautious given what is going on. He said he feels it is reasonable to ask for a joint meeting either with the full council or with the police committee. Prigel said opening up the full agreement at this time may not be wise.
Randy Anderson said he agreed.
Brian Prigel asked if there were other issues that might need to be addressed.
Jan Brending said the compensation clause may need some attention in the near future. She said the issue has been discussed at the clerk/treasurer level and with Tad Connors. Brending said additional information is required before the issue can be brought to the city council.
Laura Mann asked if Bingen would be liable for a lawsuit against White Salmon given the language in the indemnification clause.
Tad Connors said he does not think it is anything for Bingen to worry about yet. He said if something is White Salmon’s fault then it will be White Salmon’s concern and if it is Bingen’s fault then it is Bingen’s concern.
Betty Barnes asked about the “consultation with the mayor of Bingen” clause and suggested it might be better if it was “consultation with the council”.
Laura Mann said it really depends on how the council is informed. She said consultation could come through a committee or directly with the council.
Laura Mann asked if Bingen is going to establish a police committee.
Brian Prigel asked if the committee would be separate from White Salmon’s.
Laura Mann said she thinks Bingen should put its own committee together. Randy Anderson agreed saying that it might save some time when the joint committee meets.
Brian Prigel suggested that a two-member committee meet and develop suggestions and then meet with White Salmon’s committee.
Tim Hearn and Betty Barnes volunteered to be members of the City of Bingen police committee.
Ordinance Requiring Confirmation by City Council of
City Employees Hired by the Mayor
Jan Brending said she has prepared a draft ordinance in response to council
members request for a discussion on a possible ordinance requiring confirmation
by the city council of city employees hired by the mayor. She said the proposed
ordinance requires confirmation of all employees hired but she noted that some
cities just require confirmation of city officials and department heads.
Tim Hearn said he would like to table discussion of this issue until the issue with Rich Cortese is hashed out.
Betty Barnes said she feels there are two different issues. She said the proposed ordinance would apply only to Bingen employees.
Jan Brending noted that the ordinance is not up for adoption at the present meeting.
Tad Connors asked that the following language “where qualifications for the office or position have not been established by ordinance” be added to section 2.06.010.
Laura Mann said it is important for the city council to think about what they want. She said it is good for the council to be proactive.
Betty Barnes said this is designed for the future. She said she would recommend that the ordinance only apply to city officials and department heads and not to all employees.
Laura Mann asked if there are other controls in place.
Brian Prigel said Bingen has no union contract.
There was a consensus of the city council that the proposed ordinance be brought back to the city council for adoption. Tim Hearn said he does not want to see it brought back at this time.
Jan Brending said she will schedule a public hearing for the proposed ordinance at the March 7 council meeting.
Proposed Contract Amendment – Anderson Perry &
Associates, Inc.
Jan Brending said the proposed amendment extends the time of the contract
from December 31, 2005 to June 30, 2006. She said this is the contract is for
developing the water plan for the Fordyce Husum Water System.
Tim Hearn moved to approve the contract amendment with Anderson Perry & Associates, Inc. Laura Mann seconded the motion and it was unanimously passed.
Proposed Contract Amendment – Cogan Owens Cogan LLC
Jan Brending said the proposed amendment extends the time of the contract
from February 28 to March 31, 2006. She said Cogan Owens Cogan will be printing
the city a final copy of the Community Action Plan along with providing a
memorandum regarding funding sources for some of the projects.
Laura Mann moved to approve the contract amendment with Cogan Owens Cogan LLC. Terry Trantow seconded the motion and it was unanimously passed.
Proposed Contract Amendment – Golder Associates Inc.
Jan Brending reviewed the status of the well rehabilitation and water
management plan contract with Golder Associates (see memorandum dated February
17, 2006 – Proposed Contract Amendment, Golder Associates Inc.). She said Golder
Associates performed a number of tasks that were out of scope of the original
contract. Brending said these tasks were directly related to the M-K Drilling
contract to try and remove a pump from one of the wells and to try to deepen
both wells. She said Golder had originally identified two tasks as out-of-scope
that have been removed from the list and will be covered by Golder. Brending
said the city has received a letter from Golder Associates stating that the
remainder of the work can be completed, including the water management plan for
the original contract price and $14,153 covering the out-of-scope work. She said
the proposed amendment increases the contract amount by $14,153 and extends the
contract through December 31, 2006.
Randy Anderson said he would like to schedule a committee meeting to review the status of the water management plan.
Randy Anderson moved to approve the proposed contract amendment with Golder Associates. Betty Barnes seconded the motion and it was unanimously passed.
Old Business
Brian Prigel said that an agenda item has been added for “Old Business.” He
said this is where council members can review the minutes of a previous meeting
and raise issues and hold discussions about those items that were previously
covered.
Treasurer’s Report – December 2005 and January 2006
Jan Brending presented the treasurer’s reports for December 2005 and January
2006.
Laura Mann moved to accept the treasurer’s reports for December 2005 and January 2006. Betty Barnes seconded the motion and it was unanimously passed.
Mayor’s Update and Council Comments
Klickitat County EDA Grants
Brian Prigel reported that the Klickitat County EDA Board funded all of the
first requests for funding. He said the community of Klickitat also received
funding for its second request. Prigel said Bingen will receive $36,000 for
repairing the north basement wall at the Gorge Heritage Museum. He noted that he
volunteered to give up a few thousand dollars to fund another request. Prigel
said the city will move forward to hire an engineer for the project.
Brian Prigel noted that the City of White Salmon did receive funding for its request for air fill station at the fire department. He said this will be of assistance to the City of Bingen.
Tim Hearn said he noticed that there were a lot of requests related to fire districts. Brian Prigel said that is normal.
Highway 14 Sewer Line Construction
Randy Anderson said he has received a request from businesses on the west
end of Bingen on the north side asking that Bingen request construction in that
area be done at night. He said the businesses are worried about losing revenue
due to the construction.
Brian Prigel said the city can forward the request to Wil Keyser and Roger Holen.
Brian Prigel noted that because the highway was widened and the project will be outside of the roadway area there should be very little disruption to most businesses.
Jan Brending noted that in the area mentioned by Randy Anderson there will need to be removal of some of the sidewalk and would likely be more disruption to those businesses on the north side from Century 21 to Willow Street.
White Salmon Residential Development
Randy Anderson said he would like to receive information about the number of
new residences for the last couple of years located in White Salmon.
Wastewater Treatment Operator
Brian Prigel said interviews will be held with applicants for the wastewater
treatment plant operator on Friday.
Disposal of Brush and Yard/Garden Debris
Tim Hearn said he had asked that the discussion of disposal of brush and
yard/garden debris be placed on the agenda.
Jan Brending said that was correct and apologized that it had not been included. It will be included on the March 7 agenda.
Dangerous Dog
Tim Hearn noted that a dog brought a fawn down on the east of town.
Brian Prigel said that when something like that occurs the police should be called.
Tim Hearn noted the police were called – he just wanted people to be aware that the incident had occurred and that a dangerous dog may be loose.
Fire Hydrant
Betty Barnes asked if the fire hydrant at the corner of Walnut and Humboldt
had been installed. Brian Prigel said no but he has asked city crew to install
it.
Letter to City of White Salmon
Betty Barnes presented a draft copy of a letter that would be sent to the
City of White Salmon.
Tad Connors said that if the letter is going to be addressed at this time he would like to go into executive session to discuss it due to potential litigation and contract issues.
Randy Anderson said he does not believe the contents of the letter require discussion in executive session.
Tad Connors said that due to potential consequences it would be preferable to discuss it in executive session.
Laura Mann said she thinks it is important to listen to the city’s attorney.
Executive Session
Brian Prigel announced at 9:00 p.m. the city council will enter into
executive session for 30 minutes to discuss real estate issues and potential
litigation.
The city council resumed its regular session at 9:30 p.m.
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 21, 2006. The council by unanimous vote does approve for payment the
following list: warrants 7335 through 7358 totaling $23,569.78; manual warrants
7334 and 501043 totaling $12,406.45; and payroll warrants 6521 through 6536
totaling $9,659.34 for a total of $45,635.57: Current - $10,851.40; Street -
$1,943.26; Community Development - $500.00; Water - $1,720.36; Sewer - $723.76;
Treatment Plant - $4,738.69; Dallesport Treatment Plant - $4,244.77; Water
Construction & Maintenance - $8,606.88; Dallesport Billing Trust Fund
–$12,306.45.
At 9:30 p.m. the Council adjourned.
Jan Brending
Brian Prigel
City Clerk
Mayor