TOWN OF
COUNCIL MEETING
DRAFT
CALL TO ORDER – Mayor Richard Swart
The regular council meeting for the Town of
PLEDGE OF ALLEGIANCE
ROLL CALL – Clerk/Treasurer Sylvia Costich
Present: Council Members John Hannah, Walter Wright, Danielle Erickson, David Goodroe, William Talbott, and Mayor Richard Swart.
Absent: 0
Also present were Town Attorney Thomas Doumit, Clerk/Treasurer Sylvia Costich, Wahkiakum Eagle reporter Rick Nelson, and members of the public.
ADDITIONS,
CORRECTIONS, DELETIONS TO THE AGENDA
Motion to approve agenda
was made by William Talbott and seconded by John Hannah. Motion carried 5 Yes, 0 No, 0 Abstentions.
VOUCHER REVIEW
COMMITTEE
1. Voucher Review Committee Report – John Hannah and Walter Wright reported no errors and accepted the vouchers with the exception of the voucher for Tapani Underground. This voucher to be paid out of the Street Fund was set aside pending approval of the Budget Amendment Ordinance 503 later in the meeting.
2.
The Voucher Review Committee for the
CONSENT AGENDA
Motion to approve the
Consent Agenda made by John Hannah, second by David Goodroe. The consent agenda consists of the Minutes of
April 21, 2008 Regular Meeting, Special
Meeting Minutes of May 12, 2008, Payroll for April 30, 2008 in the amount of $27,614.49
and Vouchers for May 20, 2008 in the amount of $68,644.94. With no changes to the consent agenda the
motion carried 5 Yes, 0 No, 0 Abstentions.
CITIZEN’S
PARTICIPATION
None
PROCLAMATIONS and
PRESENTATIONS
None
PUBLIC HEARINGS
None
ORDINANCES
Town Attorney Thomas Doumit read Ordinance No. 503; an
Ordinance Amending Ordinances No. 497 and 502 Adjusting Revenues and
Expenditures for the 2008 Budget to the current figure of $3,903,987.90. Clerk/Treasurer Costich reported that the
ordinance was related to the
Council Member David Goodroe said that he saw the $66,414.00 as an attachment to the ordinance but did not see any of the other things she was talking about. Ms. Costich said that they are included but have an offset in the same fund so net fund appropriations do not change. Mr. Goodroe then noted that $127,500.00 had been appropriated for capital improvements (in Water/Sewer Fund) and said that the $5,000.00 earmarked had been included in that amount. The Clerk/Treasurer told him that the $5,000.00 was not meant to cover this expense. Council Member Goodroe clarified that the $5,000.00 was funded as part of the professional services line-item. Ms. Costich said that she would scratch the part where the Town would need to decrease the fund transfers to come up with the $5,000.00 to correct the error.
The Clerk/Treasurer said that the Council will need to direct her in how to deal with the Pool Budget after the general discussion of the Pool is complete.
Motion to table action
on Ordinance 503 until after discussion on the pool was made by David Goodroe
and seconded by Walter Wright. Motion
carried 5 Yes, 0 No, 0 Abstentions.
RESOLUTIONS
Motion to approve
Resolution No. 257-08; a resolution regarding the services of Dr. Keith J.
Wright, M.D. was made by David Goodroe and seconded by Walter Wright. Motion carried 5 Yes, 0 No, 0 Abstentions.
UNFINISHED BUSINESS
1. Closeout of existing WWTP/Sewer Improvement
project - Council Member David Goodroe said that he had spoken with P.W.
Supervisor David Vik who told him that he had concerns that the original cost
of excess pipe that the Town had agreed to purchase from the contractor had
been inflated, but they now appear to have been reduced to the original
amount. The Clerk/Treasurer said that
she did not have a copy of the invoice for the pipe. Motion
to approve Change Order No. 3 in the amount of $18,943.63 was made by David
Goodroe and seconded by William Talbott. During discussion, Council Member
David Goodroe said that the letter to Mayor Swart from Jon Hinton of G&O
referred to clean-up and mobilization charges which sounded like retainage to
him. Mr. Goodroe said that the Change Order is on top of that. The Clerk/Treasurer
said that she thought the retainage had already been paid and will check on it
tomorrow. G&O engineer Ken Alexander
said that all the company is interested in tonight is the amount of Change
Order No. 3. Council Member Goodroe
withdrew his original motion and Council Member Talbott withdrew his
second. Motion to approve payment of Change Order No. 3 in the amount of
$4,584.98 was made by David Goodroe and seconded by John Hannah. Motion carried 5 Yes, 0 No, 0 Abstentions. The Council agreed by consensus to carry
over the remaining $14,358.65 until the next meeting when they are able to
review the documentation.
2. Master Key System recommendation put over to next meeting.
3. Motion to deny request of Keith Stavrum for PEG access on cable TV was made by William Talbott and seconded by David Goodroe. Motion carried 4 Yes, 1 No (John Hannah), 0 Abstentions. Town Attorney Doumit will send a letter to Stavrum.
4.
Motion to add appropriation for lagoon
geotech analysis to Fund 107 Current Expense Cumulative Reserve was made by
David Goodroe. After discussion, Council Member Goodroe
withdrew his motion so as not to create the perception of a possible conflict
of interest as he is the LCEDC Director.
Motion to add appropriation for
lagoon geotech analysis to Fund 107 Current Expense Cumulative Reserve was made
by William Talbott and seconded by Walter Wright.
Motion carried 4 Yes, 0 No, 1 Abstentions. Council Member Goodroe
abstained.
5. Mayor Richard Swart presented an updated report of Architect Assessment of Town Hall and Library building. David Goodroe noted that some items were not addressed. Mayor Richard Swart asked for comments back from council members to forward to TCA.
NEW BUSINESS
1. The
Belchers were not present and had emailed the Mayor asking to have the item
removed from the agenda.
2. Motion
to approve swimming pool budget revision to increase funds in the amount of
$7,812.00 available for lifeguard salaries and decease
amount for equipment capital outlay was made by John Hannah and seconded by
David Goodroe. Motion carried 5 Yes, 0 No, 0 Abstentions.
3. Motion
to approve swimming pool Interlocal Agreement with
4. Motion to abolish the hedge height ordinance No. 18.20.020, subsection 8A, 1-3 was made by William Talbott and seconded by David Goodroe. Mayor Swart asked the authors of the motion and second to amend the motion to direct them to repair a change to the ordinance deleting the hedge height provision. Council Member Walter Wright said that he felt there was a need for the ordinance in instances that included corner lots that may be made dangerous by tall hedges that may impair vision. Council Member John Hannah asked Council Member Goodroe if he had intended to remove the entire ordinance or just a section of it. Attorney Thomas Doumit read the ordinance aloud for the benefit of the Council. Council Member Hannah said that he felt that removing this ordinance would create a potential for making the town look like a “prison” if there were no restrictions on fence and hedge heights and would reduce the appeal of the town. Council Member Hannah said that he agreed with the Planning Commission recommendation to handle variance requests regarding fence and hedge heights. Council Member Goodroe said that this could cost the town by having violations go to the Municipal Court. Attorney Doumit said that the Municipal Code already stated that the Public Works supervisor is responsible for enforcing the nuisance weeds ordinance and if he is already responsible for enforcing that ordinance, he should be available for enforcing fence and hedge height issues as well. Council Member Danielle Erickson said that the ordinance should be enforced or not be there at all. Motion failed 2 Yes, 3 No, 0 Abstentions. Council Member Walter Wright asked to withdraw his Yes vote due to the fact that he has a hedge which is currently in violation of the ordinance. Mayor Swart voted Yes in order to direct the Town Attorney to prepare an amendment to the ordinance. Motion carried 3 Yes, 2 No, 0 Abstentions. Attorney Doumit said that the motion did not include a request to amend the ordinance. Council Member William Talbott amended his motion to direct Council to develop a proposed ordinance. Attorney Doumit said that he understood that an ordinance would need to be created in which to remove section 8 and the one paragraph of the current ordinance. Council Member Goodroe said that there is not even a clear definition of what a hedge is and could be argued in Municipal Court. Mayor Swart asked if there was agreement in that the existing ordinance has elements that are well intentioned, has elements that cause concern and that there is disagreement about how to make it better at this moment, but there may be a future solution to this. The Council agreed. The Mayor then asked if there was a motion to rescind the original motion and initiate a process to propose changes to the existing ordinance that address the concerns that Council Member Goodroe has raised about enforceability, or definitions or safety concerns. Motion to rescind the original motion and initiate a process to propose changes to the existing ordinance that address enforceability, definitions and safety concerns was made by John Hannah. Council Member Wright asked if it would be a conflict for him to vote for the motion due to the fact that he is being accused of being in violation of the current ordinance, but feels he is not guilty due to pre-existing non-conformity. Attorney Doumit said that Mr. Wright would not be in conflict if he were to second the motion. The motion was seconded by Walter Wright. Motion to amend his motion to include postponing any enforcement of the policy until Council returns with new language was made by John Hannah and seconded by Walter Wright. Council Member John Hannah proposed that he and David Goodroe meet to create a proposal to amend the ordinance. Motion carried 5 Yes, 0 No, 0 Abstentions.
5. Motion to amend the Street Fund budget to
appropriate funds to close out the
6.
Mayor Swart explained revised WWTP access road location
proposal. No action by Council was
required.
7.
The water tank inspection proposal from Liquivision
Technology was put over until the next Council meeting.
8.
The Mayor called the Council’s attention to their draft
copies of the Six-Year Street Improvement Plan which will be addressed at the
June Council meeting. There will be a Public Hearing at that time to take
comments from the public and Council.
9.
Mayor Swart said that the Town Attorney had informed
him that the person who had appeared before Council several months ago asking
for changes to the Pit Bull Ordinance had not met with him as had been agreed
at the meeting. Attorney Doumit said
that a meeting had been scheduled but that it was cancelled due to a work
related emergency and that he had not heard back from Mr. Davis since. Mayor Swart said that he felt it was time to
move forward with the enforcement, and the Council agreed.
10. Mayor Swart asked for Council approval to send
a letter of support to CWOG regarding a USDA loan application for the PUD. The Council approved by consensus.
Motion to take Ordinance 503 off the table was made by David Goodroe
and seconded by John Hannah. Motion
carried 5 Yes, 0 No, 0 Abstentions.
Town Attorney Thomas Doumit read Ordinance No 503; an Ordinance Amending the 2008 Budget for the first and final reading. Clerk/Treasurer Sylvia Costich reviewed the changes to the budget and noted changes needed as a result of actions taken by Council earlier in the meeting.
Motion to approve the 2008 Budget Amendment Ordinance No. 503, as
modified, was made by David Goodroe and seconded by William Talbott. Motion carried 5 Yes, 0 No, 0 Abstentions.
Mayor Richard Swart dispensed with the Department Head’s reports due to the lateness of the evening.
ANNOUNCEMENTS – none
EXECUTIVE SESSION – none.
ADJOURNMENT – at
9:34
Richard
A Swart, Mayor Sylvia
G. Costich, Clerk/Treasurer