BINGEN CITY COUNCIL MINUTES
 

April 17, 2007

 

The meeting was called to order by Mayor Prigel at 7:00 p.m. Council members present: Terry Trantow, Sandi Dickey, Tim Hearn, Laura Mann and Betty Barnes. Clerk Jan Brending and Attorney Tad Connors were present. Audience: Mike Madden, Ruth Winner, Jim Donnelly.

 

Approval of Minutes – April 3, 2007

Corrections to the draft minutes of the April 3 city council meeting were noted as follows:

 

Page 4, 3rd paragraph should read: “The city council authorized city staff to pick up yard and garden debris the week of Community Pride. The newsletter will provide information on what day it needs to be set out.”

 

Terry Trantow moved to approve the minutes of the April 3 city council meeting as amended. Sandi Dickey seconded the motion and it was unanimously passed.

 

Skyline Hospital EMS Levy Presentation – Mike Madden

Mike Madden said he is the administrator at Skyline Hospital and is also a member of the EMS Levy Committee. He said Skyline Hospital operates the primary ambulance service for this part of the county which also serves Underwood in Skamania County. Madden said the hospital is asking for a renewal of the EMS levy at 42 cents per $1000 valuation for a period of six years. He said he is asking for support of the levy on the ballots which are due on May 15. Madden noted that the election will be conducted by mail and the levy is the only thing on the ballot. He said the level of services currently provided will not be continued if the levy is not passed.

 

Brian Prigel asked if the hospital operates two bases – one at White Salmon and one at Dallesport.

 

Mike Madden said yes. He said that establishing a base at Dallesport has helped reduce response time. He said that when the White Salmon ambulance is on a call the Dallesport ambulance moves into Lyle or White Salmon. Madden said Bingen and White Salmon are about one half of all calls.

 

Betty Barnes asked how many medics are on staff.

 

Mike Madden said 15. He said they work two 24-hour shifts and are bunked at White Salmon and Dallesport.

 

Betty Barnes asked if two medics are required per ambulance.

 

Mike Madden said yes – an EMT and a paramedic.

 

Laura Mann asked if the ballot is a yes or no ballot.

 

Mike Madden said that is correct. He said the levy requires a 60% approval with 40% of the individuals voting who voted in the last general election.

 

Betty Barnes asked why the ambulance is seen driving in town.

 

Mike Madden said medics are allowed to run errands and to eat lunch. He said the hospital allows them a little freedom. Madden said in addition new employees are asked to drive around and familiarize themselves with the streets.

 

Brian Prigel said he feels the area has a pretty good service and he personally supports the levy and hopes it passes.

 

Mike Madden said that brochures about the levy will have his personal home phone number if anyone wants additional information.

 

Terry Trantow said that when some of the Lifeflight helicopters come in it doesn’t appear that they know where to land.

 

Mike Madden said that all of the pilots have been to the facility and anytime a new pilot is hired they are brought out. He said the pilots have to consider wind and also are watching the new development that is taking place below the hospital. Madden said Skyline has the only FAA approve pad in the Gorge. He said it is important that it is maintained.

 

Depot Street Sewer Project

Brian Prigel said the water/sewer committees of Bingen and White Salmon met jointly last night. He said White Salmon provided an update on the Highway 14 sewer project. Prigel said White Salmon has concerns about their project related to the status and funding. He said these issues tie into the ability for White Salmon to pay for their share of the Depot Street sewer project.

 

Brian Prigel said the joint committee did talk about the proposed interlocal agreement and tried to come to an agreement to the language. He said there were 3 particular issues of discussion: capping the amount that White Salmon would contribute to the project, paying for engineering costs, and double indemnification language.  Prigel said that based on the bid results the project should come well within the original engineer’s estimate which is what White Salmon’s cap is based on. He said there is language in the proposed agreement that would allow for negotiation to address costs if the project exceeds the engineer’s estimate. Prigel said the committee agreed the interlocal agreement should include double indemnification language. He said language was reworded so that costs only exclude “administrative” costs. Prigel said the intent is that White Salmon would pay for construction engineering which is basically oversight and inspection of the project.

 

Brian Prigel said the City of White Salmon will discuss the language at their meeting tomorrow night but will not necessarily vote on the interlocal agreement. Prigel noted that White Salmon is meeting with the Corps of Engineers the following week and wants to wait until information from that meeting is available. He said the timeline for awarding the contract has been considered and it can be delayed until the first meeting in May. Prigel said he hopes White Salmon will agree to the language tomorrow night and then approve the agreement at the first meeting in May.

 

Brian Prigel said there are alternatives that can be considered if White Salmon does not agree to the interlocal agreement and none of them are pleasant. He said Bingen can not award the contract; put off the project and rebid it at a future date; identify funding through Bingen’s own sources and award the contract and possibly other scenarios.

 

Laura Mann asked if the city can do the project and then try to get funding from somewhere else.

 

Jan Brending said the city would not be able to obtain state or federal funding after the fact.

 

Tad Connors said he has several things he would like to point out. He said he is concerned with White Salmon’s cap and whether Bingen should be subsidizing White Salmon’s growth. Connors said he does not know why White Salmon would not include double indemnification. He said he is also concerned with the idea of accepting White Salmon’s cap and then negotiating in good faith if there is problem. Connors said Bingen would have no leverage. He asked what would make White Salmon pay more money.

 

Betty Barnes asked what Tad Connors would recommend to a private client.

 

Tad Connors said he would recommend the client not sign the proposed agreement.

 

Laura Mann asked what the 75% cap is set at.

 

Jan Brending and Brian Prigel said it is 75% of the engineer’s estimate of $193,000.

 

Brian Prigel said the issue is what happens if the project goes over $193,000. He said there are threats of changed conditions. Prigel said he does understand where White Salmon is coming from because they don’t’ have a clue about their financial status. He said that some people do not understand that 75% of the sewer flow into the treatment plant comes from White Salmon. Prigel said the two cities have an agreement that charges White Salmon fees for operation of the treatment plan but says nothing about transmission lines.

 

Tim Hearn asked if there is a flow meter on the lines comes in from White Salmon.

 

Brian Prigel said no.

 

Tim Hearn asked if the project can be put off for one more year.

 

Brian Prigel said it really depends on several factors. He said Bingen really needs to decide whether to take on the cap in the interlocal agreement with the language providing for negotiation in good faith if the costs go over.

 

Laura Mann said she is comfortable with the language. Tim Hearn agreed.

 

Betty Barnes said she is not comfortable.

 

Brian Prigel said a new wastewater agreement needs to be negotiated that would address transmission lines and maintenance.

 

Brian Prigel said he is reasonably comfortable that the project will not exceed the engineer’s estimate.

 

Tad Connors said that if there is no risk then there is no reason to have a cap. He said that if Bingen agrees to the language then Bingen is taking all the risk.

 

Tim Hearn said there is language that the costs could be renegotiated.

 

Tad Connors said White Salmon would have no reason to pay anything more.

 

Betty Barnes moved not to accept the cap in the interlocal agreement and that White Salmon should pay 75% of the construction costs including construction engineering and the agreement should include double indemnification. Terry Trantow seconded the motion and it was unanimously passed.

 

Treasurer’s Report – March 2007

Jan Brending presented the Treasurer’s report for March 2007. She noted that changes have been made to the reconciliation page since the city has now moved to using checks instead of warrants.

 

Betty Barnes moved to accept the Treasurer’s Report for March 2007. Laura Mann seconded the motion and it was unanimously passed.

 

Attorney Response – Amendments to Interlocal Agreement for Law Enforcement Services

Brian Prigel said Tad Connors provided an opinion letter on one of the proposed amendments to the interlocal agreement for law enforcement services. He said it was the one area where the city has some real legal questions.

 

Tim Hearn said he is fine with Tad Connor’s recommendation.

 

Laura Mann said she understand the level of responsibility the city takes on if the decision on hiring a police chief is made an equal decision between the two mayors. She said she thinks that issue is where everything started from. Mann said she is comfortable with the recommendation if others are as well.

 

Terry Trantow said he is comfortable with the White Salmon mayor making the decision with continual discussion with the Bingen mayor. He said that he feels Tad Connors points out too many problems if the decision to hire is shared equally.

 

Brian Prigel said it would be a new area of law that has never been tried or challenged.

 

Sandi Dickey said she is comfortable leaving the language as it currently exists because the police chief is now covered by civil service.

 

Betty Barnes said she agrees with Laura Mann. She said she is not entirely happy but leans on Tad Connor’s advice. Barnes said White Salmon has put the police chief position back under civil service and there is a functioning civil service commission. She said she would like Section 6.2 to reference the particular state RCW.  Barnes suggested that an additional amendment be added at Section 12.4 requiring White Salmon to notify Bingen of any policy or ordinance that might have an affect on the interlocal agreement.

 

Laura Mann asked if section 11 needs to remain.

 

Jan Brending said making the ordinances the same is not required and that the language could be left in so that where possible the two city’s ordinances can be made more similar.

 

Tad Connors said the language is advisory.

 

Betty Barnes asked that a joint police committee meeting be set up to talk about the proposed amendments to the agreement.

 

Maple Street Reconstruction

Brian Prigel said the city is at a point where it needs to authorize its engineers to develop final plans. He said he is asking for authorization to proceed based on getting an agreement for the easement needed at the southeast corner of Steuben and Maple.

 

Brian Prigel provided an overview of the preliminary design for the project.

 

Betty Barnes moved to authorize Brian Prigel to go ahead with the final design based on the preliminary design. Laura Mann seconded the motion and it was unanimously passed.

 

Mayor’s Update and Council Member Comments

Stonecliff Development Property

Brian Prigel reported the Stonecliff Development property has sold.

 

Jan Brending reported that the property has been sold, including the Dry Creek property, to Hood River Cliffs LLC which Michael Hilb is a member.

 

Quiet Zone Workshop

Betty Barnes asked that a bolder flyer advertising the Quiet Zone workshop be placed at city hall and the post office.

 

Landscaping

Betty Barnes said the landscaping on Steuben looks terrible and she would like to see the city hire a landscape maintenance firm to do a one time cleaning for the spring.

 

Laura Mann moved to authorize the city hire a landscape maintenance company to do a one time spring cleaning for the landscaping on Steuben Street. Betty Barnes seconded the motion and it was unanimously passed.

 

Gorge Heritage Museum

Ruth Winner noted that the grass at the museum needs mowed. She also noted that the roof where the chimney was located still needs repaired. Winner also noted that the city had said it would place gravel in front of the wall at the front the building.

 

Brian Prigel said he will contact staff about mowing the grass.

 

Jan Brending said Brown Roofing will be repairing the roof when they come into the area to do several projects.

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 April 17, 2007. The council by unanimous vote does approve for payment the following list: checks 8709 through 8747 totaling $61,667.02; payroll checks 8688 through 8708 totaling $15,666.33, for a total of $77,333.35. Current - $53,020.16; Street - $2,332.58; Street Equipment Reserve - $434.50; Water – $5,338.39; Sewer - $2,710.03; Treatment Plant - $6,250.98; Dallesport Treatment Plant – $6,377.71; Water and Sewer Equipment Reserve - $869.00.

Executive Session
At 8:55 p.m., Brian Prigel said the city council will meet in executive session for 20 minutes to discuss potential litigation.

The council resumed regular session at 9:15 p.m.

The city council agreed to write a letter to the US Army Corps of Engineers regarding the White Salmon Highway 14 project expressing concern about the completion of the project.

The city council adjourned at 9:17 p.m.

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City Clerk                                                                    Mayor