PORT ANGELES — Clallam County commissioners are headed for a showdown that could involve a future court date with Treasurer Selinda Barkhuis if, as expected, they approve $1.3 million in disputed Opportunity Fund grants to the city and Port of Port Angeles.
At their work session Monday, commissioners did not discuss Barkhuis’ settlement offer to avoid a court battle.
She has suggested including the grants in the 2016 budget and assuring the city and port the funds would be available in January instead of within weeks.
Rather, board Chairman Jim McEntire and commissioners Mike Chapman and Bill Peach hardened their positions over the grants, allocations that McEntire said afterward that they will likely approve in two resolutions today.
Chapman said in a later interview that he plans to vote against the resolutions.
They meet in regular session in the commissioners’ chambers at the courthouse at 10 a.m.
But that approval won’t be a fait accompli for the port and city.
McEntire said afterward that the commissioners still must decide what they will do after the grants are awarded.
“We need to get on with whatever course of action we need to take,” he said.
In a later interview Barkhuis, who was not at Monday’s meeting, said the next step will still be the commissioners’ after today’s action.
She has said that hearings must be held on the grants as debatable budget emergencies and that when awarded, they must be subject to contracts — positions disputed by the commissioners, Prosecuting Attorney Mark Nichols and the state Auditor’s Office.
“This is just a general resolution. It’s just a wish to make these grants,” said Barkhuis, who is represented by special Deputy Prosecuting Attorney David Alvarez of the Jefferson County Prosecuting Attorney’s Office.
“The next step would still be a debatable budget emergency to appropriate those funds,” she said.
“They still have to properly appropriate the funds and make them available.
“My decision will not come until I am presented with some warrants to make sure the funds are being disbursed according to law.
“I don’t know when that will be.”
Nichols told commissioners at the work session that the impasse was unprecedented.
The commissioners can fashion a solution “or do you want a solution to be fashioned by a judge?” he said.
McEntire said Barkhuis was “outside her lane” as treasurer by refusing to process the infrastructure grants.
He said she had precipitated a “constitutional crisis” by vetoing legislative acts of the commissioners in violation of the county charter and the state constitution — and that other counties were keeping an eye on the dispute.
Peach said that Barkhuis’ actions are “not the behavior of a rational individual.
Later he said: “People have brought to my attention that she may have broken four RCWs that result in a misdemeanor and one RCW that results in a felony.”
Chapman, who said later he plans to vote against the resolutions, seemed beside himself during the meeting, looking around the room as he pleaded with commissioners to add the grants to the 2016 budget.
The public thinks of the board as “intransigent,” Chapman said.
“I’m confused, will somebody tell me, we have a budget process that works,” he said.
“Otherwise, you know what? You have to go to court.
“She’s not going to release the money.
“When someone takes the treasurer to court, the whole community loses.”
Port and city officials testified on the impact of a five-month delay in receiving the grants.
The award of $285,952 to the city would pay for landscaping and other improvements to Phase 2 of the waterfront improvement project, a stage scheduled for completion in September.
“Enough is enough,” Deputy Mayor Patrick Downie said as he sat across from Chapman at the work-session table.
He reminded the commissioners that the county Opportunity Fund Advisory Board had twice recommended approval, the second time in an effort to address Barkhuis’ concerns that a hearing needed to be held.
“I’m just so frustrated, I don’t think I can overstate my frustration,” Downie said.
“Do the right thing. Do what you essentially agreed to do. Provide us the money.”
Chapman, saying “thank you very much, I appreciate that,” asserted that he did not understand why the city and port could not wait until January.
“We want to support your project, but you are talking to the wrong people,” he told Downie.
Nathan West, city community and economic development director, said the delay would result in an incomplete project that could be more expensive in 2016.
“Help us find the solution,” Chapman responded.
“Have you asked her for a solution?
“People need to realize we have an elected official who has said no.
“I’m curious why you are still here asking for something you can’t have.”
The $1 million grant to the port is intended to help match a $2 million federal grant awarded for 2015 to complete a building that will house the planned Composite Recycling Technology Center.
Jennifer States, the port’s director of business development, told the commissioners the port “is on the hook” to pay the match if the county doesn’t.
She said next year’s planned ground breaking has already been delayed more than once.
“Timing-wise, we need to be able to moved forward with this schedule we’ve established with other agencies,” States said.
As Monday’s meeting ended, Chapman said that, in effect, McEntire and Peach had rejected Barkhuis’ settlement offer “out of hand.”
“I’m giving you a way out,” Chapman said.
“Take her to court.
“Good luck with that.”
________
Senior Staff Writer Paul Gottlieb can be reached at 360-452-2345, ext. 5060, or at pgottlieb@peninsuladailynews.com.
