BINGEN CITY COUNCIL MINUTES
December 19, 2006
The meeting was called to order by Mayor Prigel at 7:00 p.m. Council members present: Terry Trantow, Tim Hearn, Laura Mann, Sandi Dickey and Betty Barnes. Clerk Jan Brending and Attorney Tad Connors were present. Audience: Jeniffer Panko, Natasha Campbell, Shane Scott, Julie Howard, Ruth Winner, Jesse Burkhardt, Roberta Grant, Sven Bergstrom, Myra L. Stanley, E. Conklin, Daniel Conner
Public Comment
Bruce Brending,
Bingen-White Salmon Police Department
Bruce Brending
introduced Joshua Gines as a new police officer with the Bingen-White Salmon
Police Department.
Ruth Winner, Gorge Heritage Museum
Ruth Winner said that the Gorge Heritage Museum is fully heated. She thanked
the city for its cooperation. Winner noted that the inside wall and floor is
almost complete.
Julie Howard asked if the city owns the museum property.
Ruth Winner said yes.
Flume Flag Lighting
Bruce Brending said he has obtained information about how much the solar
lighting cost that was recently stolen from the flume site. He said the cost was
$300 and the theft would be a felony. Brending said there are no suspects.
Approval of Minutes – December 5
Corrections to the December 5 minutes were noted as follows:
Page 3, 7th paragraph, last sentence should read as follows: “Connors said that making dogs running at large a crime will get the dog owner’s attention.”
Page 3, 10th paragraph should read as follows: “Jan Brending suggested that the council address any dog running loose. She said there is an ongoing problem with single dogs running loose in the city.”
Page 7, 4th paragraph should read as follows: “Betty Barnes said she has met the new officer and he seems like a very nice person.”
Betty Barnes moved to approve the minutes of the December 5 city council meeting as amended. Terry Trantow seconded the motion and it was passed unanimously.
Public Hearing – Proposed Ordinance 06-14-535, Adding
a New Section to BMC 6.04-Dogs Regarding Dogs of the Same Owner or Household
Congregating or Running Together
Tad Connors said the proposed ordinance would make dogs running at large a
misdemeanor and punishable as a misdemeanor.
Julie Howard said that she is aware of other dogs running at large and wondered if they had been cited for running at large. She asked if the ordinance is targeting everyone or just certain people.
Brian Prigel said the ordinance would apply to everyone.
Laura Conklin asked what happens to cats that are at large.
Brian Prigel said the city does not have an ordinance for cats.
Terry Trantow said that one of the problems facing the city is there is no place to impound dogs.
Julie Howard said she feels that a specific house is being targeted.
Brian Prigel said the city has received complaints regarding her dogs.
Shane Scott said he has seen other dogs running at large and they were not addressed in the newspaper article.
Myra Stanley said she knows that Julie Howard has done as much as possible. She said Howard has tried to put up a fence but there is a problem with the fence between the Howard property and the museum.
Shane Scott said the fence is on property the city owns.
Brian Prigel said it is not the responsibility of the city to fence dogs.
Julie Howard said she did not want to remove the fence if it did not belong to her.
Laura Mann asked Howard if she was interested in building a fence.
Julie Howard said yes. She said she has tried to build a fence 3 different times.
Laura Mann noted that if a fence was built it would make the neighbors very happy.
Betty Barnes said the dogs in question are not an isolated event. She said the ordinance would apply to all dogs. Barnes noted that at the last meeting she referenced two dogs that came at her near the park. She said her comments were not printed in the paper.
Julie Howard said there may be a prejudice with the neighbor. She said the neighbor’s dog did not like her family. Howard said the neighbor would spray her dogs with a hose and aggravate them.
Laura Mann said she has two dogs and has had to build a kennel because the dogs were leaving the yard.
Brian Prigel said the city can take a look at the fence. He said he does not think it serves a purpose for the museum and there shouldn’t be any problem with them replacing it.
Julie Howard said she will work on getting the fence fixed.
Jeniffer Panko said that single dogs are of a concern to her. She asked what her rights are if a dog is off of their property and on her property.
Tad Connors said the dangerous dog statute might apply but he would need to understand what happened.
Jeniffer Panko said a neighbor’s dog came off of the owner’s property and onto her property and followed her up the driveway. Panko said she has felt trapped by the dog. She said there have been several other instances with the same dog.
Tad Connors said that the complaints should be filed with the police and that a running at large charge could be brought under the current ordinance.
Laura Mann said she believes Panko has the right to deal with the dog when it comes onto her property.
Jeniffer Panko said the latest incident involved a dog fight with another dog that came onto the dog owner’s property. She said she is very strongly concerned about the particular dog in question.
Bruce Brending said he was called to the last incident involving the two dogs. He said a dog chewed through a lead and then came onto the property and attacked the dog Panko has referred to. Brending said in this case he did not issue an infraction because the owner of the dog had tried to keep it tied up and the owner incurred a large vet bill. He said this was the first time that he has dealt with the dog that Panko is referring to.
Betty Barnes noted that in the budget report there is no revenue in the “dog violations” category.
Bruce Brending said it will depend on how the court categorizes the fine. Brending said absolute zero tolerance would be great if the city had facilities for impounding and the officers were trained to deal with dogs.
Brian Prigel said that anything the city does now will not solve all the problems. He said the city will contact Hood River county to see if the facility they are building would be available for impounds. Prigel noted the city also does not have necessary equipment. He said that if a facility for impounds was available it might be easier to obtain equipment and contract for animal control.
Betty Barnes asked if the police department has a transportation cage for dogs.
Bruce Brending said the department does have a kennel that fits in the back of a truck. He said however that by the time a police officer went and got a vehicle and the kennel and then returned the dog would be gone. Brending said officers usually just put the dog in the back of the police car.
Terry Trantow asked how many owners do not pick up the dogs when they are impounded.
Bruce Brending said he estimates approximately 25% are not claimed.
Laura Mann said that much more needs to be done regarding the dog ordinance. She noted that the proposed amendment to the dog ordinance is just a short-term fix.
Jeniffer Panko said that if dogs have been a problem for such a long time why doesn’t the city do anything about it.
Brian Prigel said it comes down to money. He said the city has explored developing a partnership in which a facility would be built. Prigel said that a number of years ago it was estimated that it would cost at least $150,000.
Jeniffer Panko said that standing on a street with a 4-year old and loose dogs is a concern. She asked that the city provide something for the police department even if it means starting out small.
Brian Prigel said if a impound facility was available the city might be able to find funding for equipment. He said officers will still need training. Prigel noted that it is always a challenge in responding to a dog at large call and catching the dog.
Tim Hearn asked what ordinance 1.16.010 says. He noted that the proposed amendment references 1.16.010.
Tad Connors said it is a general classification. He said a misdemeanor can result in up to 90 days of jail time and $1000 maximum fine.
Tim Hearn said that it is not considered a felony.
Tad Connors said that is correct.
Tim Hearn asked if it could become a felony.
Tad Connors said the city doesn’t do felonies that is something handled by the county.
Laura Mann asked if the judge makes the determination as to jail time and the amount of the fine.
Tad Connors said yes. He noted that the prosecuting attorney usually makes a recommendation to the judge.
Tim Hearn asked if there is an appeals process.
Tad Connors said the decision can be appealed to Klickitat County Superior Court and then to the state Court of Appeals and on up.
Tim Hearn asked if the mayor has a way to void the ticket.
Tad Connors said no.
Tim Hearn asked that if once a violation has occurred then is it out of the city’s hands.
Tad Connors said that once a conviction has taken place the city can’t dismiss it. He said the prosecutor has the discretion as to whether to charge someone or not. Connors said the attorney can dismiss the case permanently or temporarily but the city council does not have a role.
Tim Hearn asked what happens if a dog bites someone.
Tad Connors said that the state’s dangerous dog statute would come into play.
Tim Hearn asked what would constitute a felony.
Tad Connors said that if someone sicks a dog on someone else that would be considered an assault and could be constituted as a felony.
Tim Hearn asked what happens if a dog bites someone 3 times.
Tad Connors said the dog could be designated a dangerous dog under the state statute. He noted that there can be a lengthy appeals process involving the designation of a dangerous dog.
Tim Hearn asked Tad Connors if he is comfortable with the language in the proposed ordinance amendment.
Tad Connors said yes.
Betty Barnes asked why the ordinance addresses two dogs and not just one.
Tad Connors said one dog at large does not create the problems that 2 or more dogs do.
Tim Hearn asked that if there are two dogs running at large but one is from one owner and household and the other is from a different owner and household then the ordinance does not apply.
Jan Brending said that is correct.
Tim Hearn said he does not think the ordinance is strong enough. He said that it should apply to dogs running at large whether or not they are from the same household.
Betty Barnes said the city should pass the proposed ordinance and then make revising the entire dog ordinance a priority for 2007.
Laura Mann asked if the ordinance can be made effective at a later date.
Jan Brending said the ordinance will not become effective until 5 days after publishing the ordinance adoption in the newspaper. She said if the council adopts the ordinance tonight it will be published in next week’s newspaper with the ordinance becoming effective after the first of the year.
Laura Mann moved to adopt ordinance 06-14-535, Adding New Section to BMC 6.04-Dogs Regarding Dogs of the Same Owner or Same Household Congregating or Running Together. Betty Barnes seconded the motion and it was passed unanimously.
Tim Hearn asked what type of responses is categorized under “animals” on the police report.
Bruce Brending said he can be anything from barking dogs to dogs running at large.
Tim Hearn asked what kind of liquor violation was reported in the November report.
Bruce Brending said it was a MIP – Minor in Possession.
Tim Hearn asked if a business can have a liquor license without having a business license.
Jan Brending said yes.
Laura Mann asked if might be a good idea for the city to provide collars to dog owners.
Bruce Brending said there might be a liability problem if the equipment were to fail.
Laura Mann asked Bruce Brending what he thinks of banning pit bulls.
Bruce Brending said such a ban can be effective. He said the issue is really about education. Brending said one of the problems is that there are certain types of people that are attracted to certain types of dogs.
Laura Mann asked if there are problems with pit bulls in White Salmon.
Bruce Brending said yes but not as much as there is in Bingen.
Betty Barnes asked if the fines in White Salmon are higher.
Bruce Brending said no. He said that fines are not much of deterrent. Brending said looking at dogs running a large in a more aggressive manner might be helpful.
Betty Barnes asked if it is effective using a tazer on dogs.
Bruce Brending said it can be but the tazer needs to remain engaged or the dog will be up and off.
Public Hearing – Proposed Ordinance 06-13-534 Amending
the 2006 Budget
Jan Brending provided a review of the proposed amendments to the 2006
budget.
Terry Trantow moved to approve ordinance 06-13-534 amending the 2006 budget. Laura Mann seconded the motion and it was unanimously passed.
Franchise Agreement Extension – Charter Communications
Brian Prigel said the city has been working with Charter Communications in
renewing a franchise agreement that expired over a year ago. He said the
proposed franchise agreement extension extends the current franchise until June
30.
Tad Connors said he sent Charter a proposed agreement with changes. He said the agreement is probably not as flexible as Charter would like it to be. Connors said he has not heard back from Charter but has also not followed up himself. He said that he suspects Charter was waiting to see if the federal telecommunications legislation was going to pass.
Tim Hearn asked if the federal legislation is dead until the next session.
Tad Connors said yes.
Brian Prigel said he recommends that the extension be approved and that the city then put pressure on Charter to complete an agreement.
Laura Mann asked what would happen if there is no agreement.
Tad Connors said the city would then have to go through a formal negotiation which he does not believe would be beneficial to the city.
Tim Hearn asked what can the city get or not get from Charter.
Tad Connors said the city can have a discussion about what fees the city is going to get but it is important to realize that the fees are passed onto the consumer.
Tim Hearn said he would like to see Charter provide the local channels for free under basic service.
Jan Brending said she believes that the base fee includes the Portland channels. She said she can provide information on what the base fees includes.
Terry Trantow moved to approve the franchise agreement extension with Charter Communications. Tim Hearn seconded the motion and it was unanimously passed.
Contract with Klickitat County for Jail Services
Jan Brending said the contract that has been provided to the council members
is a copy of a proposed contract that Goldendale is negotiating with the county.
She said the main difference in the contract is that Goldendale will be paying a
flat fee for the year instead of paying a fee per day or hour for each
individual that is housed in the jail. Brending said her main concern is that
the city really should reconcile the billing at the end of the year to determine
what actual costs were incurred. She said that requiring reconciliation may not
alleviate the issues with the county billing.
Tad Connors said the county has always done a poor job with the billing for jail services. He said the county would like Bingen to consider the proposed contract using a flat fee and would like Bingen to let the county know how much it is recommending for a flat fee.
The city council and staff discussed the proposed contract. There was an agreement to recommend to the county the use of a $12,000 flat fee for 2007. Tad Connors will review the entire contract for language changes.
Treasurer’s Report – November 2006
Jan Brending presented the Treasurer’s Report for November 2006.
Betty Barnes moved to accept the Treasurer’s Report for November 2006. Terry Trantow seconded the motion and it was unanimously passed.
Mayor’s Update and Council Comments
Dry Creek
Jan Brending reported that some minor flooding occurred with Dry Creek over
the last week. She said debris built up in the grate at Walnut and Steuben which
then caused the creek to overflow and run down Highway 14. Brending said water
then ran into the packing shed at Dickey Farms. She said staff has since been
working to keep the grate cleared along with all highway storm drains. Brending
said the reconstruction of the highway did not cause the creek to flood however
it has changed how water flows to the west. She said because the storm drains
were plugged the water overflowed the curbs and driveways and ran into the
Dickey Farms property including Pilot Knob.
Tim Hearn said he believes something needs to be done with the grate at Walnut and Steuben.
Brian Prigel said he is not sure that David Spratt was aware of the potential for problems with Dry Creek. He said the city tried to fix the problem with Dry Creek when it was working on Highway 14 but at that time there were suggestions of using Dry Creek as spawning habitat for salmon and the city decided to leave Dry Creek alone.
Discussion regarding Dry Creek and potential flooding issues was discussed by the city council and staff.
Betty Barnes said it is important to keep Dry Creek free of debris to prevent flooding.
Web Site
Tim Hearn noted that he has received a phone call from Mrs. Starr regarding
the minutes on the web page. He said she is concerned that the minutes from
November are not yet posted.
Jan Brending said she tries to get the minutes posted as quickly as possible.
BNSF Gates at Maple Street
Jan Brending reported that she has spoken with a representative from BNSF
and the installation of the gates at the Maple Street crossing is scheduled for
January 2007.
White Salmon Letter Regarding Water Rates
Jan Brending reported that the letter to White Salmon requesting negotiation
of the water rate is being signed by Brian Prigel tonight and will be delivered
to White Salmon on Wednesday.
Humboldt and Alder – Junk in Right-of-Way
It was noted that an old couch is in the right-of-way at Humboldt and Alder.
Jan Brending said she will contact the property owner about removing the couch.
Holiday Lights
Betty Barnes asked if the issues regarding the electrical outlets for tree
lights have been resolved. Brian Prigel said not yet. It was decided to leave
the lights up through Valentine’s Day.
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
December 19, 2006. The council by unanimous vote does approve for payment the
following list: warrants 8070 through 8096 totaling $$23,692.40; manual warrants
8066 and 8097 totaling $6,688.63, and payroll warrants 6794 through 6811
totaling $12,029.53 for a total of $42,410.56: Current - $16,646.61; Street -
$2,282.89; Police Car Reserve - $1,477.42; Building Construction - $2,488.63;
Water – $5,073.75; Sewer - $9,17.43; Treatment Plant - $4,510.23; Dallesport
Treatment Plant - $4,813.60; 1973/1995 Water/Sewer Bond Redemption - $4,200.
The council adjourned at 9:20 p.m.
Jan Brending
Brian Prigel
City Clerk
Mayor