TOWN OF CATHLAMET

September 15, 2008

COUNCIL MEETING

 

CALL TO ORDER – Mayor Richard Swart

 

The regular council meeting for the Town of Cathlamet was called to order by Mayor Richard Swart at 7:02 P.M. Monday, September 15, 2008.

 

PLEDGE OF ALLEGIANCE

 

ROLL CALL – Clerk/Treasurer Sylvia Costich

 

Present: Council Members Walter Wright, Robert Rendler, David Goodroe, William Talbott, and Mayor Richard Swart.

 

Absent: John Hannah

 

Also present were Town Attorney Thomas Doumit, Clerk/Treasurer Sylvia Costich, Wahkiakum Eagle reporter Rick Nelson, Citizen Eric Erickson and members of the public.                                                                                 

ADDITIONS, CORRECTIONS, DELETIONS TO THE AGENDA

 

Council Member David Goodroe said that he has copies of the final report on the business park feasibility study to distribute to the Council.

 

Council Member Bob Rendler said that there was a correction to the agenda under Unfinished Business item #4.  Mr. Rendler said that the sub-committee was composed of John Hannah and William Talbott instead of Bob Rendler.

 

Motion to approve agenda as amended was made by David Goodroe and seconded by Wally Wright.  Motion carried 4 Yes, 0 No, 0 Abstentions.

 

VOUCHER REVIEW COMMITTEE

 

1.      Voucher Review Committee Report – Robert Rendler and Walter Wright reported no errors except for the absence of the warrant register for one voucher and accepted the vouchers

2.      The Voucher Review Committee for the October 20, 2008 meeting consists of David Goodroe and John Hannah.   William Talbott will be the alternate.

 

 

 

 

 

 

CONSENT AGENDA

 

Motion to approve the Consent Agenda made by Bob Rendler, second by David Goodroe.  The consent agenda consists of the Minutes of August 18, 2008 Regular Meeting, Special Meeting Minutes of August 20, 2008,  Special Meeting Minutes of August 27, 2008, Payroll for August 29, 2008 in the amount of $32,868.34 and Claims Vouchers for August 22, 2008 through September 16, 2008  in the amount of $109,293.35.  Council Member David Goodroe said that he does not recall comments attributed to him at the last meeting item #5, 3rd sentence, sixth line “Goodroe said that the dirt had been taken from the Elochoman Hatchery and stored on contractor Sam Longtain’s property until it was supposed to be delivered to the site next to Mr. Snyder” and would like to strike that comment. Clerk/Treasurer Costich said that she would review the tape and make changes if necessary. Council Member Goodroe also questioned the Capital Expenditure Natural Resources voucher of $2,940.00.  Mr. Goodroe wanted to know what work was associated with that voucher.  The Clerk/Treasurer responded that the expenditure in question is not part of the current vouchers submitted for approval.  Council member Goodroe was reviewing the budget report which shows a prior month expenditure.  Council Member Goodroe said that he would still like to review the voucher and Clerk/Treasurer Costich said she would locate it for him. Council Member David Goodroe withdrew his original motion and Council Member Rendler withdrew his second. Motion to table to Minutes of August 18, 2008 until further review and to approve the substitute motion approving the remainder of the Consent Agenda was made by David Goodroe and seconded by Bob Rendler. Motion carried 4Yes, 0 No, 0 Abstentions.

 

 

CITIZEN’S PARTICIPATION

 

Citizen Eric Erickson discussed the need for control of dogs and dog licensing enforcement within the town.  Mr. Erickson told the Council that his dog had been attacked by other dogs while walking near the marina.  Mr. Erickson requested that the town review their current dog ordinance and allow him and other citizens to form a volunteer committee to look at licensing and enforcement issues for possible solutions.  Mr. Erickson said that he would like to work closely with the county to form a consistent policy on the issue.  Mr. Erickson, who has law enforcement experience, volunteered to act as an animal control officer. Mr. Erickson suggested that by increasing licensing fees and fines, 80% of dog licensing revenues could be used to provide enforcement of the ordinance. Mayor Swart thanked Mr. Erickson for his proposal and his willingness to support a solution to the problem.  Council Member Goodroe also thanked Mr. Erickson and said that he applauded his efforts.  Council Member Bob Rendler also wanted to express his appreciation for Mr. Erickson’s suggestions.  Mayor Swart asked Mr. Erickson to proceed with his request to investigate the subject and report back at the next meeting.

 

PROCLAMATIONS and PRESENTATIONS

None

 

 

PUBLIC HEARINGS

None

 

 

 

ORDINANCES

 

Town Attorney Doumit read Budget Revision Ordinance No. 504.  Clerk/Treasurer Costich reviewed the major changes.   Motion to approve Budget Revision Ordinance No. 504 was made by David Goodroe and seconded by William Talbott.  Council Member Goodroe asked the Mayor about why there was a need for such a large increase in the Pool utilities.  The Clerk/Treasurer said that this was the amount estimated for propane through  September.  Motion carried 4 Yes, 0 No, 0 Abstentions.

 

Town Attorney Doumit read Ordinance No. 505.  Motion to approve Ordinance No. 505; an Ordinance establishing Rules and Signage for Town Parks for the first reading was made by William Talbott and seconded by David Goodroe.  Mayor Swart told the Council that the reason for the new ordinance is because of a recent evaluation by the Town’s Risk Management that recommended that the Town develop and post park usage rules.  Motion carried 4 Yes, 0 No, 0 Abstentions. 

 

 

UNFINISHED BUSINESS

 

1.      Item #6 was taken out of order since Mr. Sam Longtain was present to discuss the item.  Mayor Swart asked Town Attorney Tom Doumit to summarize the discussion that he had with Mr. Longtain regarding the issue of the dirt that had been delivered by Mr. Longtain to town property.  Attorney Doumit stated that Mr. Longtain had told him that dirt from the hatchery had been delivered to his property by a hauler for the hatchery instead of having to pay for it to be stored elsewhere and that Mr. Longtain had delivered soil from the East Valley Creek in Skamokawa to the town’s property at a later date.  Mr. Doumit stated that Mr. Longtain had said that the dirt he delivered to the town site is also quality soil. Mr. Doumit said that Mr. Longtain assures his customers 100% satisfaction and proposed that we hold his invoice until the growing season begins to see the results of the grass planted and then pay him after satisfaction is achieved. Mayor Swart asked Mr. Longtain if he agreed with Attorney Doumit’s summation.  Mr. Longtain said that he did not agree totally with Attorney Doumit’s recollection and said that he proposed that the town pay his invoice as presented and then wait for one year to see what results are achieved and if the results are unsatisfactory to the town, he will redo the job to the town’s satisfaction.  Mr. Longtain stated that the type of soil he delivered to the town is the same that he has delivered to many other places in the county and it has produced good results for all projects.  Motion to approve paying the invoice for Sam Longtain was made by David Goodroe and seconded by Wally Wright.  Council Member Wright stated that he had avoided becoming too involved in the project because Mr. Snyder is his cousin; but that he had taken samples of the soil delivered by Mr. Longtain and that it appeared to be clay instead of topsoil.  Mr. Wright said that he did not think that this soil was going to do the job, but is glad to hear that Mr. Longtain will honor the agreement if the soil fails to produce the desired result.  Mr. Longtain stated that the soil had not been delivered until August and that the weather has been quite dry since then.  Council Member David Goodroe said that he must comment – the reason the town does not have the hatchery dirt is because we were not on point.  Mr. Goodroe said he has spoken with individuals involved and that he was the one who made the call that is referenced in the letter from the Mayor and that the town would have had free delivery of the dirt if we had had taken it on the day it was available.  Goodroe said that he told a town employee this information and feels that Mr. Longtain is the victim in this issue and recommends that the invoice from Mr. Longtain be paid. Mr. Longtain said that he would agree to meet with the town attorney to draft an agreement that will protect both parties.  Motion to approve the payment of the invoice subject to the agreement carried 4 Yes, 0 No, 0 Abstentions.

2.       Mayor Swart discussed with the Council the two draft letters regarding the proposed privatization of the new Waste Water Treatment Plant. Council Member David Goodroe said that he thought that the longer draft letter might not be favorable to recipients because of the potential red flags and impediments and that it might just get thrown in the trash and suggested that it not be sent out until the town receives a response from the parties who are sent the shorter version. Motion to approve the mailing of letters to Waste Water Treatment companies with the initial letter being the short version draft and subsequent longer version to be sent to responding parties regarding the possible privatization of the proposed new Town of Cathlamet plant was made by Bob Rendler and seconded by David Goodroe.  Motion carried 4 Yes, 0 No, 0 Abstentions.

3.      Mayor Swart queried the Council about their opinions on what the next steps should be in the Town Hall/Library remodel project.  Council Member Goodroe said that he would at least like to see a structural beam replaced in the engine bays of the old Fire Station and suggested that the town consider replacing the old oil furnace with a heat pump.  Mayor Swart asked Mr. Goodroe and Mr. Rendler if they might be able to meet and come back with suggestions at the next Council meeting. 

4.      The Council discussed the proposed changes to the zoning ordinance that Council Members Goodroe and Rendler had drafted. Council Member Goodroe said that both he and Council Member Rendler had agreed that Ordinance 18.05 A which was submitted by the Planning Commission was a flawed document and that they went through and tried to mark up the changes that they felt were appropriate in that document. Mr. Goodroe said that there are only three zoning areas which are residential, commercial and commercial/industrial.  Both Council Member Rendler and Goodroe agreed that there should be a fourth zoning designation and split the commercial and industrial designation.  They came up with residential multi-family, residential, industrial and commercial.  Goodroe said they marked up the map and in concept wish to make the area around the DeBriae Logging as industrial, the Marina area all the way to downtown and Main St. as commercial, the residential area be Messinger Hill area and the north side of Columbia St., and the south side of Columbia St. from Broadway east would be residential multi-family. Council Member Goodroe said that the only potential problem with the changes might be in the change of the north side of Columbia St. to residential as it could affect current multi-family units which would become existing non-conforming residences and pose problems when it came time to sell or refinance. Goodroe suggested that those situations should be looked at on an individual basis and perhaps rezone certain blocks as being appropriately zoned as multi-family. Council Member Goodroe said that he and Council Member Rendler feel that the hedge heights provisions should be removed and also feel that the town should have a separate sign ordinance. Goodroe handed out copies of the current nuisance ordinance 8.20 that they have modified to include the hedge height restrictions in the prohibitive conditions section and suggest that it expand to include physical construction that may affect visibility. Council Member Rendler said he would volunteer to look at other sign ordinances and try to put something together that would work for the town.  Council Member Goodroe said that they will present copies of their work to the Planning Commission for review. Motion to approve setting the Planning Commission draft aside and having the Town Attorney review and prepare in ordinance form, the Council draft of the Zoning Ordinance was made by David Goodroe and seconded by Bob Rendler.  Motion carried 4 Yes, 0 No, 0 Abstentions.

 

5.      Council Member Bob Rendler noted that the first draft of the proposed Poultry Ordinance did not include provisions to require enclosures for birds.  Council Member Rendler said that he had been advised by the town’s insurance company that this must be included to avoid potential liability for damages that could be caused by allowing poultry to roam.  Council Member Rendler said that there should also be an enforcement clause included in the ordinance.  Mayor Swart said that the ordinance will be submitted at the October meeting.  Citizen Frederic Carroll said that he was in favor of the ordinance because it allows citizens greater self-sufficiency and the ability to enjoy some of the benefits of rural living.  Citizen Jim Reed said that he is not in favor of poultry in town  and feels it should be dropped.  Council Member David Goodroe noted that other cities such as Seattle and Portland allow poultry within their city limits and if they can find a way to do it, Cathlamet should be able to also.

 

6.      Gray & Osborne engineer Ken Alexander gave a report to the Council on the status of projects including the proposed Waste Water Treatment Plant and conveyance system design.  Mr. Alexander said that the Water Rights investigation report has just been completed and suggested that the Council meet with Gray & Osborne to discuss the report. Mayor Swart asked if the meeting could occur sometime after October 6th when Council Members have returned from vacations.

7.      Attorney Doumit told the Council that he is still looking into the Charter Communications franchise renewal request and will report back at the next meeting.

8.      Council Member David Goodroe stated that he feels the Public Works Superintendent should make a ruling on the request by David Nelson to reduce the sewer rate for one of his tenants, Sharon’s Pizza, and put it in writing in a letter to Mr. Nelson.  Goodroe said that according to the ordinance, Mr. Nelson could have the right to appeal the decision.  Mayor Swart said that he will speak to the Public Works Superintendent.

9.      In regards to the current status of the 2006-2007 water provision contract with the PUD, Mayor Swart said that he has scheduled a meeting with Public Works Superintendent David Vik and Municipal Services Clerk Kerrie McNally, to go over the invoices of some associated costs that were being refused by the PUD to ensure that they are allowable by the terms of the contract. The Mayor said that he will then discuss the findings with the PUD Manager and if they cannot come to an agreement about them, the Mayor will recommend that the issue go to arbitration. Council Member Goodroe noted that the Puget Island Bridge meter had recently been tested and shown to be registering only 75% of the actual water flow to Puget Island since July. Council Member Goodroe said that he had made a good faith request for the PUD to provide him with the total consumption that they have billed for so that the town might make an adjustment and that his request was refused because it was not included in the contract and they don’t have to do it.  Goodroe said that the town is unable to acquire a 6” replacement meter, as required by the contract, until October and that the town is losing revenue as we wait. Council Member Goodroe said that if the town cannot account for the 25% that is going unreported, we could have some serious trouble with the state because we are pegged at 10% unaccounted for water currently on our system.  Council Member Rendler asked when was the last time the meter was checked and isn’t it supposed to be checked on a yearly basis? Town Attorney Doumit confirmed that the meter is supposed to be calibrated once a year.  Council Member Goodroe said that he would like to find a way to account for the lost water to resolve the issue of under billing the PUD. The Mayor said that the PUD is not willing to cooperate due to the associated costs. Council Member Goodroe said that he has asked PW Superintendent David Vik if he could somehow fix the meter so that it would come closer to accounting for the 25% currently being lost.  Council Member Rendler said that this problem should be a top priority public works project due to the lost revenue occurring.

10.  Mayor Swart told the Council that there has been no further discussion of the proposed Park district by the County.

11.  Council Member Wally Wright requested that the Everman/Hedman vacate request item be moved to later in the meeting to allow the Sheriff to give his quarterly report to the Council.

 

 

NEW BUSINESS

 

1.      Motion to approve the appointment of Jim Reed to the Planning Commission was made by David Goodroe and seconded by Bob Rendler.  Motion carried 4 Yes, 0 No, 0 Abstentions.

 

2.      Sheriff Dan Bardsley handed out copies of his quarterly law enforcement report to Council Members. The report stated that there were 40 cases investigated in the last three months, and 1400 calls for service. Sheriff Bardsley said that the town generated about 270 of the calls for service. Council Member Bob Rendler asked if the dog calls and animal calls were separate or if the dog calls are included in the list. Sheriff Bardsley replied that he was not certain but would look into it and let Mr. Rendler know. A discussion followed regarding the County Radio Communications study which was recently released.  Mayor Swart said that he has asked Public Works Superintendent Vik and Assistant Fire Chief Fred Johnson to review the report and comment on it. Sheriff Bardsley said that there would need to be grant money found to help implement the suggestions in the report.  

 

 

UNFINISHED BUSINESS (cont)

 

12.  Town Attorney Tom Doumit summarized the Everman/Hedman request for the town to vacate a small portion of a right-of-way. Attorney Doumit said that this request has been long in the works and involves some property that has a building on it that already encroaches on the right-of-way and recommended that a decision be made.  Council Member Bob Rendler asked if the parties are aware that the Town is entitled to the full assessed value of the property that would be vacated.  Town attorney Tom Doumit corrected council member Bob Rendler stating that the RWC stipulates the Town is entitled to the full appraisal value of the property vacated.  Council Member David Goodroe said that he doesn’t think the Everman’s or Hedman’s would be unwilling to pay.  Town Attorney Tom Doumit said that the Council would need to approve the request and then forward it to WSDOT where he believes that they will just “rubber stamp” it subject to the requirement that the Hedman’s and Everman’s pay all associated costs involved. Attorney Doumit said that the town should obtain an appraisal of the property which will be paid for by the Hedman’s and Everman’s. Motion to approve the vacate request subject to the provision that they pay the Town full appraised value of the property and all associated costs was made by David Goodroe and seconded by Bob Rendler.  Motion carried 4 Yes, 0 No, 0 Abstentions.

 

NEW BUSINESS (cont)

 

3.      Clerk/Treasurer Costich told the Council that the department heads have submitted their budget requests but she has not compiled that into one document to prepare against revenues. She said she has worked with David Vik on the Water/Sewer budget and prepared a report which she has given to the Mayor. There will be some changes with the 2009 Budget for instance the insurance coverage will be allocated differently so that central services will be functioning as the payment avenue for things that cover all the departments covered under Current Expense.  The Clerk/ Treasurer said that when the workshop is held, she hopes that the Council gives some thought to what we should be doing with our reserve funds because if any expenditures are going to occur during the year, for example the beam in Town Hall, we need to be putting placeholders in those funds.  Otherwise a budget amendment ordinance needs to occur before money can be spent.

 

4.      The Mayor announced that he had hired Kevin Patching as the new Utilities Maintenance Worker.  Mr. Patching was not present at the meeting.

5.      The Mayor said that he has had an informal inquiry regarding street striping and that he has spoken with Wahkiakum County Public Works Director Pete Ringen, but that the striping depends on the availability of equipment, if a sub-contractor is being used etc.  Public Works Superintendent David Vik said that he feels there should be an interlocal agreement with the County for such instances.  Mayor Swart said that he and David Vik will speak to Pete Ringen about a possible interlocal agreement and come back with the results to Council.

6.      Motion to approve the appointments of Diana Zimmerman and Michael Hertiford to the Library Board was made by David Goodroe and seconded by William Talbott.  Motion carried 4 Yes, 0 No, 0 Abstentions.

7.      Mayor Swart decided to dispense with the Department Head reports due to the lateness of the evening and called for an Executive Session regarding two potential legal actions.  It was estimated that the session will last approximately ten minutes.

8.      Public Works Superintendent David Vik said that has ordered a special replacement chamber for the Puget Island meter which will greatly improve the registration of the current meter and it should arrive within a week and a half.  Vik said that the 6” meter is on order and should arrive by the end of October.  Also, Mr. Vik said that he had heard from the Executive Director of Evergreen Rural Water who told him that Senator Patty Murray is expected to be named the Chairman of the Senate Appropriations Committee which may be helpful as she has good relations with the Town.

 

EXECUTIVE SESSION – Called by Mayor Swart to discuss litigation.  Estimated duration ten minutes.  The regular Council meeting was recessed at 9:38 p.m.  The Executive Session was called at 9:39 p.m.  The Executive Session ended at 9:50 p.m.  The regular meeting of the Council reconvened at 9:50 p.m.

 

Council Member William Talbott asked the Mayor if the Library Board has disclosed the information requested about the funds they are holding in the Blanche Bradley Memorial Library non-profit organization.  Mayor Swart said that he intends to request the information from the Library Board Chairman Mike McAvoy when he returns from vacation the week of September 22nd.

 

Council Member David Goodroe said that he is concerned that the missing Council Member, John Hannah, has missed the last two meetings and close to at least 60% of all of the meetings. Goodroe said that he feels his absence is a disservice to the town.  Mayor Swart said that he has spoken with the Council Member about this and was told that the Council Member’s family is more important to him than the Council.  Town Attorney Doumit said that according to the Municipal Code, if he misses three consecutive meetings, he can be removed from the Council.  A discussion followed about what the definition of an excused absence is and what the meeting protocol is.  Council Member Goodroe said that he would appreciate it if the attorney could look into the rules and maybe tighten up on the RCW relating to this subject.  Mayor Swart said that the attorney will look into it and report back at the next meeting.

 

ADJOURNMENT – at 10:06 p.m.

 

 

 

 


Richard A Swart, Mayor                                     Sylvia G. Costich, Clerk/Treasurer