TOWN OF CATHLAMET

OCTOBER 20, 2008

COUNCIL MEETING

DRAFT

CALL TO ORDER – Mayor Richard Swart

 

The regular council meeting for the Town of Cathlamet was called to order by Mayor Richard Swart at 7:00 p.m. Monday, October 20, 2008.

 

PLEDGE OF ALLEGIANCE – Mayor Richard Swart

 

 

ROLL CALL – Clerk/Treasurer Sylvia Costich

 

Present: Council Members John Hannah, Walter Wright, Bob Rendler, 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, Planning Commission member Jim Reed, Citizen Erick Erickson and members of the public.        

                                                                       

ADDITIONS, CORRECTIONS, DELETIONS TO THE AGENDA -

 

Motion to approve the agenda was made by David Goodroe and seconded by William Talbott.  Motion carried 5 Yes, 0 No, 0 Abstentions.

 

VOUCHER REVIEW COMMITTEE -

 

1.      Voucher Review Committee Report – John Hannah and David Goodroe reported no errors and accepted the vouchers. 

2.      The Voucher Review Committee for the November 17, 2008 meeting consists of Bob Rendler and William Talbott.   Walter Wright will be the alternate.

 

CONSENT AGENDA -

 

Motion to approve the Consent Agenda was made by David Goodroe, and seconded by William Talbott.  The consent agenda consists of the Minutes of September 15, 2008 Regular Meeting,  Amended Minutes of August 18, 2008 Regular Meeting, Special Meeting Budget Workshop Minutes of October 6, 2008,  approval of Payroll for September, 2008 in the amount of $37,666.53 and Vouchers dated  September 17, 2008 to October 21, 2008 in the amount of $87,010.06.  Council Member Bob Rendler stated that there should be changes to the September 15, 2008 Minutes under Unfinished Business, Item 12.   Council Member Rendler said that he would like the first sentence changed to say “Town Attorney Tom Doumit summarized the Everman/Hedman request for the town to vacate a small portion of a right-of-way.”  Council Member Rendler also said that he would like to add a sentence stating “Town Attorney Tom Doumit corrected Council Member Bob Rendler stating that the RCW stipulates that the town is entitled to the full appraisal value of the property vacated.” after the sentence in which Council Member Rendler asked if the parties are aware that the town is entitled to the full assessed value of the property that would be vacated. Mayor Richard Swart asked Attorney Doumit if he concurred with Mr. Rendler’s request.  Attorney Doumit agreed. The motion to approve the consent agenda as amended carried 5 Yes, 0 No, 0 Abstentions.

 

CITIZEN’S PARTICIPATION

None

 

PROCLAMATIONS and PRESENTATIONS

None

 

PUBLIC HEARINGS

 

The Public Hearing on the 2009 Preliminary Budget opened at 7:09 p.m.  No citizen spoke for or against the budget.  Wahkiakum Eagle reporter Rick Nelson asked what the plans for the Pool operation are in 2009.  Mr. Nelson asked if the town was planning on getting any money from the County.  Mayor Swart responded that the town has budgeted funds for that purpose based on the belief that the town will continue to receive $70,000 of support from the County with $50,000 for operations and $20,000 for major capital improvements and repairs.  The Mayor said that the town is also confident that the Sheriff’s office will continue to provide $2,000 for the boaters safety program, and that the Wahkiakum School District has also indicated that they will continue to make money available to help support the boater’s safety program. Council Member William Talbott said that a County Commissioner told him that there are plans to hold a special election in February in which there will be a request make the Pool into a special district along with the Johnson Park in Rosburg. Council Member Talbott said that the Commissioner asked him what would happen if the County did not provide funds for the pool and Council member Talbott said he told him that the pool would probably be mothballed. Eagle reporter Rick Nelson noted that there is $733,000 in the Timber Reserves and asked if there are restrictions on the use of those funds. Mayor Swart and the Clerk/Treasurer said that those funds are reserved for capital projects for the town. Hearing no other comments, the Budget Hearing closed at 7:15 p.m.

 

Clerk/Treasurer Sylvia Costich handed out a two-page item responding to a question posed at the Budget workshop regarding the REET taxes and how they can be spent, and a one-page item relating to the town utility tax.  The C/T said that the two-page information says that if the town has an existing capital improvements plan, the REET taxes may be used to help finance those projects.  If the town does not have a capital improvements plan, which it does not currently have, the RCW has a long list of capital improvements that the taxes can still be used for. The one–page item regards a question about the utility tax rate.  The C/T said that currently the town has a 3% utility tax on water/sewer, gas, telephone, garbage, cable and electric.  The C/T said that the electric, gas, and telephone utility tax rate can be raised to 6% without voter approval and at the current 3% rate generated about $31,000 in 2008.  The C/T said that the garbage, solid waste, cable and water/sewer can be raised higher than 6% without any vote of the people.  The total raised in utility taxes is about $58,000 in 2008 at the 3% rate.  The Town Attorney said that not all of the utilities must be charged at the same rate, meaning that the water/sewer would not have to be raised if the other utilities are.   Council Member Bob Rendler said that he has some suggestions for amending the preliminary budget and wanted to know if the Council was going to vote on it at this meeting.  The Clerk/Treasurer said that Council can either take part of a regular meeting to work on the budget or schedule a workshop prior to the Nov. 17th final reading of the preliminary budget.  Council Member Rendler also said that times are hard financially for our citizens and was concerned about raising the utility taxes.  Mayor Swart suggested that the Council select a date they would be available to schedule another budget workshop. 

 

The Clerk/Treasurer said that in response to a question from Council Member Goodroe regarding the current year revenues for service and connections for water and sewer, she discovered that the town had overestimated the anticipated revenues for the connections for the water fund and that using current year-to-date information, it was necessary to decrease the water connections by about $20,000. As a result of that, the town must decrease the total water/sewer department by $10,216 this year.  The C/T also said that the RMSA insurance premium has gone up by 52%.  Attorney Doumit said that he wanted to add something for Council Member Rendler’s consideration and the others.  In addressing a little bit of his concerns about the public acceptance or capacity for absorbing any kind of tax increase,  Mr. Doumit said that every utility tax ordinance should contain a referendum clause.  A referendum clause would give citizens seven days to contact the town.  The Town would designate a filing official who would work out the language of a referendum and a ballot title.  Then the citizen would then have 30 days to collect signatures of 15% of the voters on a petition in order to put the issue on the next general ballot or special ballot measure.

 

ORDINANCES

 

Town attorney Doumit read Ordinance 505 for the second, third and final reading.  Motion to approve Ordinance 505; an Ordinance establishing Rules and Signage for Town Parks for the second, third and final reading was made by David Goodroe and seconded by Bob Rendler.  Motion carried 5 Yes, 0 No, 0 Abstentions.

 

 

Mayor Swart asked the Clerk/Treasurer to distribute copies of the proposed Zoning Ordinance No. 506 with changes made by Council Members Rendler and Goodroe along with a memo detailing the changes that were made, to the Council and recommended looking at the timetable for implementing the language as there is a public hearing requirement involved. The Mayor said that there would need to be two public hearings held which would make the ordinance if approved, effective five days after the January council meeting.  Council Member David Goodroe said that he is hoping to have the Ordinance approved by the first of the next year and is willing to wait for the Planning Commission to review the changes made before making a motion to approve it as is. Council Member Bob Rendler agreed.  Both Council Member Goodroe and Rendler said that they did not see the section with descriptions of the proposed new zoning areas.  Mayor Swart said that he will make sure that the new sections are added. 

 

 

 

 

 

Mayor Swart told the Council that Ordinance no 507, an Ordinance Establishing Rules for Keeping Poultry within the Town Limits for the first reading is not in the packets because of the proposed Animal Control Ordinance that was submitted by Citizen Erick Erickson.  This is under new business.  Motion to table Ordinance No. 507; an Ordinance Establishing Rules for Keeping Poultry within the Town Limits for the first reading was made by David Goodroe and seconded by William Talbott. Council Member Goodroe said that it was appropriate for the proposed Animal Control ordinance to include poultry rather than passing a splintered legislation and it should be looked at as a whole. Motion carried 5 Yes, 0 No, 0 Abstentions.

 

 

Motion to approve Ordinance No. 508; an Ordinance Increasing the Regular Property Tax Levy for the Town of Cathlamet for the first reading was made by Bob Rendler and seconded by David Goodroe.  Motion carried 4 Yes, 1 No, 0 Abstentions.  Council Member John Hannah cast the “No” vote.

 

 

RESOLUTIONS

 

 

UNFINISHED BUSINESS

 

Council Member Bob Rendler proposed that the Council take the single New Business item before the Unfinished Business items as a courtesy to Mr. Erickson.  Council agreed.

 

 

NEW BUSINESS

 

1. Mayor Swart recognized Mr. Erick Erickson who has presented the Council with a proposed Animal Control Ordinance.  The Mayor commented that probably one of the most thorough citizen proposals he has seen submitted to the Town.  Mr. Erickson told the Council that he had reviewed other town’s animal control ordinances online and has consulted with Rick Johnson of the Cowlitz County Humane Society who was an enormous help.  Mr. Erickson said that he had taken Cathlamet Municipal Code Title 6 and incorporated items taken from the other city’s ordinances to apply to the Town of Cathlamet.  Mr. Erickson called attention to the different documents that he has included such as the Oath of Office for the Animal Control Officer and the Ordinance to create a Cumulative Reserve fund.  Mr. Erickson said that Cowlitz County will provide on-the-job training for animal control officers and would charge Wahkiakum County approximately $25.00 to shelter confiscated animals. Mayor Swart suggested that the Council form a sub-committee to examine the draft ordinance and make suggestions if necessary.  Council Members John Hannah and Bob Rendler volunteered to be on the sub-committee and will report back at the November Council meeting.  Mayor Swart thanked Mr. Erickson for such extraordinary efforts.

 

 

 

 

 

UNFINISHED BUSINESS

 

1.      Mayor Swart told the Council that he has heard back from two firms who are interested in meeting with the Council in response to the letters mailed out last month regarding the potential privatization of the new Waste Water Treatment Plant.  The Mayor said that Veolia Water System and Ecology Associates Advocates had expressed interest in the project and that he is in the process of setting up dates in which the Council can meet with them to view their presentations.  Mayor Swart said that he will announce the dates when they are available.

 

2.      Mayor Swart said that at the last Council meeting there were some suggestions about the remodel of the Town Hall/Library including seismic beam reinforcement and other improvements.  The Mayor suggested that this discussion be wrapped into the budget workshop.  Mayor Swart told the Council that he has requested estimates for replacing the broken palladium windows and the broken heat pump in the Library.

 

3.      Mayor Swart told the Council that he feels that the Zoning Ordinance Revision has already been discussed and suggested that they move on in the agenda.

 

4.      Engineer Ken Alexander of Gray & Osborne, Inc. reported that they are still working on the warranty work on the Greenwood Reservoir and that the Water Plan had two items left to address and that it should be completed soon.  Mr. Alexander also said that G&O is interested in presenting their summary of the pre-design plan for the new Waste Water Treatment Plant to the Council on Nov. 3rd.  Mr. Alexander told the Council that the water rights evaluation is still being conducted and will let the Council know what the findings are when it is completed.

 

5.      Attorney Tom Doumit told the Council that he has spoken with the director of the Oregon group of Charter Communications and that they had not sent a franchise renewal request earlier this year.  They had hped that there would be a statewide franchise granted by the legislature.  That did not occur and Charter Communications is again interested in renewing the franchise.  Mr. Doumit said that the director will send the renewal documents for his review.

 

6.      Public Works Superintendent David Vik said that he has looked at the David Nelson building and determined that the Sharon’s Pizza portion should be considered a unit of two rather than the typical three.  Mr. Vik then said that he thought he should look at the entire building and has considered other multi-use buildings in the town that are similar and thinks they should be carefully evaluated as well.  Vik said he is not ready to make a recommendation and suggested that the Water/Sewer Committee look at the situation.  At this this point he is not ready to give a number for the whole building.  Council Member David Goodroe said that before council can act on Mr Nelsons request, the Council needs a ruling by public works.  That’s in the Code.  We need to have your ruling.  Mr. Vik said that in his opinion the Sharon’s Pizza portion should be two units.  Mayor Swart instructed Public Works Superintendent Vik to complete his work and have a finding on what the Nelson building should have in terms of ERUs within two weeks.  Council Member William Talbott and Bob Rendler both stated that they did not think there was an issue about any part of the Nelson building except for the Sharon’s Pizza portion.  Mayor Swart told Mr. Vik that he expects an answer to the question within two weeks.

 

7.      Mayor Swart told the Council that the PUD water contract issue will be discussed at the Executive Session at the end of the meeting.

 

8.      Mayor Swart said that until Council Member Talbott had commented on it earlier in the meeting, he did not think that the County Park District proposal was still an item of discussion.  Council Member Talbott asked if it was possible for the County to include the Town owned pool in a Parks District.  He was told that the County could fund the pool operating in their budget if it is part of the district.  Mayor Swart suggested that the issue should be looked at after the November election.

 

9.       Public Works Superintendent David Vik said that a formal Interlocal Agreement with the Wahkiakum County Road Department is not actively being pursued at this time. 

 

10.   Mayor Swart said that the issue of Council Members absences was brought up at a prior council meeting and that he has asked Attorney Doumit to review the RCWs and advise the council.  Attorney Doumit read RCW 35.27.140 which allows the council to declare a position vacant if a councilmember has three consecutive unexcused absences.  Mr. Doumit said that for code cities, RCW 35A specifically states that if a Council Member misses three consecutive “regular” meetings they may be removed.  Attorney Doumit explained that as he reads the RCWs, the missed meetings can be regular or special meetings. The council can set its own rules, as I understand it as to how they want compel their own performance as a council.  Attorney Doumit stated that it will be the Council who decides what is or is not an excused absence, on the record at the time of the meeting.  .  Mayor Swart asked the Council if any of them would like the Mayor and Town Attorney to develop some potential proposed rules for their consideration.  Council Member Rendler said “Yes” and the Mayor then directed the Town Attorney to begin working on it.  Council Member David Goodroe asked Mr. Doumit if it was possible to create rules more stringent than the current RCW’s.  Mr. Doumit said that the Town could do this if it wished.

 

11.  Attorney Doumit said that he has sent letters of request to two appraisers regarding an appraisal on the right-of-way area that is the focus of the vacate request for the Everman/Hedman parties.  Mr. Doumit said that he received one agreement in the amount of $400.00 from one of the appraisers. Mayor Swart asked if it would make more sense for the Everman’s or Hedman’s to acquire their own appraisal rather than having the town go to the trouble of having it done. Council Member Goodroe said that he thought it would be best for the Town to have the appraisal done.  The Council agreed by consensus.  Motion to authorize funding from the Street fund in the amount of $600.00 to be used for an appraisalof property subject to vacate request  was made by David Goodroe and seconded by John Hannah.  Motion carried 5 Yes, 0 No, 0 Abstentions.

 

 

 

 

COMMITTEE REPORTS

 

Council Member Goodroe asked if the Town had ordered benches to be placed on the Town Dock.  Mayor Swart responded that we had received the quote but that we are waiting for a revised quote due to the fact that the quote did not include correct freight charges.

 

 

Mayor Swart said that the Pool Advisory Committee report was in the packet and that they had recommended that the Council increase pool fees. 

 

 

ANNOUNCEMENTS – none

 

The regular meeting of the Town Council was recessed at 9:03 p.m and reconvened at 9:10 pm. 

 

EXECUTIVE SESSION –

 

An executive session of approximately 20 minutes duration, for purpose of discussing potential litigation was announced.  The regular session was recessed at 9:10 pm.  The Executive Session was called at 9:10 p.m.  The Executive Session ended at 9:36 p.m.  The regular meeting was reconvened at 9:36 p.m.

 

 

Motion to direct the Town Attorney to immediately proceed to request arbitration pursuant to the PUD contract between the PUD and the Town was made by David Goodroe and seconded by William Talbott.  Discussion none.  Motion carried 5 Yes, 0 No, 0 Abstentions.

 

Mayor Swart asked if there was any further business for this council.  Town Attorney Tom Doumit suggested that for the record someone discuss why the Town is taking this action.  Mayor Swart explained that his understanding of the purpose of the motion is:

The Council feels that the Town has acted in good faith since 2006.  That the PUD has raised barriers or obstructions to achieving a timely resolution to the 2006, 2007, and now the 2008  iterations of the contract and having made a number of good faith efforts and being rebuffed that the Town feels that there is no alternative but to request arbitration I order to achieve a fair outcome.

 

Council member Goodroe made a specific request that the minutes of this portion of the regular session be furnished to Rick Nelson at the Eagle Tuesday morning since Rick was not present after the Council meeting reconvened after the executive session.  Council member Rendler agreed.

 

Mayor Swart asked if there was any other business?  Council member Wright asked if it was possible to receive some of the reading material by email before the packets are ready?  Clerk/Treasurer Costich said that she had no problem with the creator of electronic documents emailing them to council members at the same time they were being submitted to the office for inclusion in the packets.  This is already happening with some documents and maybe more could be handled in this manner.

. 

 

ADJOURNMENT – at 9:44

 

 

 

 


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