TOWN OF CATHLAMET

APRIL 20, 2009

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 7:00 p.m. Monday, April 20, 2009 at the Cathlamet Fire Department, 255 second St., Cathlamet, WA.

PLEDGE OF ALLEGIANCE

ROLL CALL – Clerk/Treasurer Sylvia Costich

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

Absent: 0

Also present were Town Attorney Thomas Doumit, Clerk/Treasurer Sylvia Costich, Gray & Osborne engineer Ken Alexander, Wahkiakum Eagle reporter Rick Nelson, Town employees and members of the public

ADDITIONS, CORRECTIONS, DELETIONS TO THE AGENDA

Councilman Goodroe noted that John Hannah was listed on the Public Services and Public Safety Committees. This should be Steve McNicholas. Motion to approve the agenda, as corrected, 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 – David Goodroe reported there were no exceptions.

2. The Voucher Review Committee for the May 18, 2009 meeting consists of Robert Rendler and Steve McNicholas. Walter Wright is the alternate.

CONSENT AGENDA

Motion to approve the Consent Agenda made by David Goodroe, second by Robert Rendler. The consent agenda consists of the Minutes of March 16, 2009 Regular Meeting, Payroll for March 2009 in the amount of $26,251.39, and Claim Vouchers for March 27, 2009 through April 21, 2009 in the amount of $40,825.46. 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

1. Public hearing on a request for a $50,000 contribution from the Town of Cathlamet to Wahkiakum County to provide operating funds for the Wahkiakum Family Practice Clinic.

· Councilman Goodroe requested that the following be read into the record: “Councilman Goodroe requests that the Council consider providing financial support to the Wahkiakum Family Practice Clinic in the amount of $50,000 to be used for the operating expenses of the clinic. The reason for this request is that the clinic is under significant financial duress and is in danger of closing or seriously curtailing its operations if financial support cannot be secured.”

· Mayor Swart asked Tom Doumit, Town Attorney, if the Council had the authority to grant such a request, if it so desires. Town Attorney Doumit replied that if it is part of an interlocal agreement between the Town and the County, there should be authority to do that. There is some problem if the source is the Current Expense Cumulative Reserve Fund, due to stated purposes of that fund. Mr. Doumit recommended that the Town amend CMC 3.15 to include RCW language that allows other uses of cumulative reserve funds if approved by a 2/3 vote of the council.

· Mayor Swart reviewed the hearing rules and opened the hearing at 7:18 pm.

· Mayor Swart called for comments from anyone who wished to speak in favor. The following citizens spoke in support: Sandi Benbrook Reider, Andrew Lea, Jim Reed, Fred Johnson, Doug Martin, Mike Heriford, Tom Doumit, Carol Wegdahl, David Vik, Lisa Marsyla, Dan Cothren, Jennifer Hannigan, Cynthia Faubion, Richard Erickson, Dr. Janice McClean, and Crystal Stanley. Letters of support were submitted by the following: Carolyn Mitchell; Sandi Benbrook Rieder; and Duncan Cruickshank, Administrator, Columbia View Care Center.

· Mayor Swart called for comments from anyone who wished to speak in opposition. Hearing none, the Mayor closed the hearing at 7:58 pm.

Council chose to take up item 13.b – Proposed support for the Wahkiakum Family Practice Clinic (WFPC) at this time. Mayor Swart called the regular meeting back into session. Motion to direct Town Attorney to prepare language to amend Cathlamet Municipal Code 3.15.030 to authorize the contribution of the funds was made by Walter Wright and seconded by Robert Rendler. Discussion regarding timeline for enacting an ordinance amendment ensued. Motion to amend his prior motion as follows: to hold a special council meeting within the next two weeks to present an ordinance to amend Cathlamet Municipal Code 3.15.030, with second, third, and final reading at the next scheduled council meeting was made by Walter Wright and seconded by Robert Rendler. Question by David Goodroe regarding vote required to adopt amending ordinace, due to possible absences. Motion carried 5 Yes, 0 No, 0 Abstentions.

No discussion on original motion, as amended, which carried 5 Yes, 0 No, 0 Abstentions.

Motion that Town council authorize funds be directed from any appropriate Town account in the amount of $50,000 to the Wahkiakum Family Practice Clinic for the support of the operating expenses and that such funds be transferred to the clinic in the most expeditious manner was made by David Goodroe and seconded by William Talbott. Council discussed various options and concerns, including loan vs contribution, three years vs one, Town WWTP project which will require unknown amount of Town funds, and commitment of County to provide ongoing WFPC funding. Motion to table this motion until CMC 3.15 language is amended was made by William Talbott and seconded by Robert Rendler. With no discussion, the motion carried 5 Yes, 0 No, 0 Abstentions.

Clerk-Treasurer Costich reported on the Town’s first quarter financial condition regarding Current Expense. She also recapped the 2009 budget cutting decisions made by council, in lieu of using any funds from Fund 107 for capital projects, maintenance, or operations.

Mayor Swart called a five minute recess at 8:38 pm.

Mayor Swart called council back into session at 8:46 pm. Mayor Swart proposed that Council not attempt to conduct all of the agenda business tonight and continue a portion of the meeting to the following Monday.

2. Public hearing on application for $987,600 USDA funding for two water main replacement projects. Mayor Swart opened the hearing at 8:47 pm. There was no public input regarding the application. The hearing was closed at 8:50 pm.

Mayor Swart called the council back in regular session. Motion to affirm USDA funding application made by William Talbott and seconded by David Goodroe. Council member Goodroe asked Gray & Osborne staff reason for decrease in amount from original documents to most recent. Ken Alexander responded that after walking line runs, it was determined that actual runs were significantly less than those in original water plan. Discussion regarding best funding mix occurred. It was noted that the Town will need a bridge loan prior to receiving USDA loan proceeds. Mayor Swart suggested putting this over pending receipt of more information. David Goodroe moved to table the motion and Robert Rendler seconded. The motion carried 5 Yes, 0 No, 0 Abstentions.

ORDINANCES

1. Ordinance No. 513; an Ordinance Amending Cathlamet Municipal Code Section 13.20.070 Relating to the Collection of Water and Sewer Charges was read by Town Attorney Tom Doumit. Motion to approve Ordinance No. 513 for the second, third, and final reading was made by David Goodroe and seconded by William Talbott. With no discussion, the motion carried 5 Yes, 0 No, 0 Abstentions.

2. Ordinance No. 514: Relating to the Operation of the Cathlamet Public Library was read by Town Attorney Tom Doumit. Motion to approve Ordinance No. 514 for the second, third, and final reading was made by David Goodroe and seconded by William Talbott. Councilman Goodroe noted that it reflected all of the changes from the last meeting. The motion carried 5 Yes, 0 No, 0 Abstentions.

RESOLUTIONS

1. Resolution No 263-09; a Resolution Authorizing a Franchise Agreement Between the Town of Cathlamet and Charter Communications. Attorney Doumit discussed the changes to the resolution and attached franchise agreement that had been made after the last council meeting. Representatives from Charter Communications explained what the revenue changes for the Town would be and answered questions about selection of stations that they carry. Attorney Doumit read Resolution 263-09. Motion to approve Resolution 263-09 was made by David Goodroe and seconded by Robert Rendler. With no discussion, the motion carried 5 Yes, 0 No, 0 Abstentions.

2. Resolution No 264-09; a Resolution Declaring Items as Surplus, was read by Attorney Doumit. Motion to approve Resolution 264-09 was made by David Goodroe and seconded by William Talbott. With no discussion, the motion carried 5 Yes, 0 No, 0 Abstentions.

UNFINISHED BUSINESS

1. Ken Alexander, of Gray & Osborne, gave a report regarding funding options available to the Town to proceed with the Waste Water Treatment Plant project. Discussion assumed that privatization was not an option due to lack of interested private partners. A realistic assumption of a 40/60 funding package would require a $100 basic sewer rate for customers. However, it is possible to have a lower rate, if the Town is able to procure more grant funding or more in lower interest-rate loans. Mr. Alexander asked the council for direction regarding an application due May 5, 2009. Motion to approve application for a Public Works Trust Fund pre-construction loan, in the amount of $850,000, to cover design costs was made by Walter Wright and seconded by William Talbott. Councilman Goodroe asked if this is a commitment to go down one path or the other and Mr. Alexander replied “no”. The motion carried 5 Yes, 0 No, 0 Abstentions.

Mayor Swart proposed that council recess the meeting for one week to April 27, 2009.

The meeting was recessed at 10:20 p.m.

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

TOWN OF CATHLAMET

APRIL 20, 2009 COUNCIL MEETING

CONTINUED APRIL 27, 2009

CALL TO ORDER – Mayor Pro Tempore Walter Wright

The April 20, 2009 regular council meeting for the Town of Cathlamet was called back in session by Mayor Pro Tempore Walter Wright at 7:02 p.m. Monday, April 27, 2009 at the Cathlamet Fire Department, 255 Second St., Cathlamet, WA.

PLEDGE OF ALLEGIANCE

ROLL CALL – Clerk/Treasurer Sylvia Costich

Present: Council Members Steve McNicholas, Walter Wright, David Goodroe, and William Talbott.

Absent: Council Member Robert Rendler and Mayor Richard Swart. Note that this is a continuation of a meeting and council member Rendler is not deemed absent for purposes of Ordinance 511 relating to council members’ attendance at regular and special meetings.

Also present were Town Attorney Thomas Doumit, Clerk/Treasurer Sylvia Costich, Gray & Osborne engineer Ken Alexander, Wahkiakum Eagle reporter Rick Nelson, Public Works Superintendent David Vik, Interim Librarian Connie Christopher, Planning Commission member Jim Reed, and members of the public

ADDITIONS, CORRECTIONS, DELETIONS TO THE AGENDA

Motion to add Ordinance 515 for first reading and invoices from Gray & Osborne and LCEDC to the agenda was made by David Goodroe and seconded by William Talbott. Motion carried 4 Yes, 0 No, 0 Abstentions.

ORDINANCES

3. Ordinance No. 515; an Ordinance Amending Cathlamet Municipal Code (CMC) 3.15 Relating to the Current Expense Cumulative Reserve fund (Fund 107); and Providing Authority to Expend Funds for Purposes Other Than Those Specified Upon Approval of Two-Thirds Majority of Town Council; and Providing an Effective was read by Town Attorney Tom Doumit. Motion to accept Ordinance No. 515 for the first reading was made by Steve McNicholas and seconded by Walter Wright. With no discussion, the motion carried 4 Yes, 0 No, 0 Abstentions.

SPECIAL MEETING

Council set a special meeting to be held at 11:00 a.m. on April 29, 2009 in the Library to have the second, third, and final reading of Ordinance 515. Council later added a second item to the agenda – acceptance or rejection of Department of Ecology’s funding offer for the Waste Water Treatment Plant (WWTP) Relocation conveyance Infrastructure Project.

VOUCHER APPROVAL

Motion to approve Claim Vouchers for March 28, 2009 in the amount of $17,862.57 was made by William Talbott and seconded by Steve McNicholas. Council member Goodroe recused himself, since he is Director of LCEDC, one of the voucher payees. The motion carried 3 Yes, 0 No, 1 Abstention.

UNFINISHED BUSINESS – the agenda was resumed at item 12.e

1. Active Enterprises was the sole bidder to provide propane for the pool. Motion to accept Active Enterprises bid was made by Walter Wright and seconded by David Goodroe. The motion carried 4 Yes, 1 No, 0 Abstentions.

2. Motion to reject all proposals for bath house painting and repairs was made by David Goodroe and seconded by William Talbott. With no discussion, the motion carried 4 Yes, 0 No, 0 Abstentions.

3. No proposals were received for the solar water heater system for the pool. Councilman Wright reported information he received at a Portland workshop. He will obtain additional information. Motion to withdraw RFP for solar water heater for pool was made by David Goodroe and seconded by William Talbott. With no discussion, the motion carried 4 Yes, 0 No, 0 Abstentions.

4. Councilman McNicholas reported on status of possible windmill farm on Town forest land. He has found sources for investment capital but Town needs to expend some funds to proceed. Actions needed are:

Clear roads to provide access to proposed location.
Place anemometer to provide data on wind conditions.

Clerk/Treasurer Costich noted that there is not a budget appropriation available for this project. Council indicated that it should not be needed if volunteers such as FFA are available to clear the roads.

5. Councilman McNicholas reported on various items related to heating of building and plan to drop ceiling to 10 feet with added insulation. Councilman Wright noted that the Energy Audit provided by the BPA included charts showing the years of payback for various improvements. Councilman Wright recommended tabling decision on these items until the next budget amendment.

6. The zoning ordinance revision discussion was tabled, as Planning Commission Chairman Fred Johnson was not present.

NEW BUSINESS

1. Proposed rate/service fees changes for Cathlamet Fire Dept was tabled as Beau Renfro was not present.

2. Council members discussed condition of Town Hall/Library building and seismic retrofit issues identified in architectural study received late in 2008. Council members expressed concern with stability of building should an earthquake occur and whether or not it presented an emergency situation. Mayor Pro Tempore Wright asked council for suggestions for next step. Motion to contact TCA and G&O for estimates on cost for structural engineering of seismic upgrades for Town Hall was made by David Goodroe and seconded by Walter Wright. Councilman Talbott questioned if building is worth saving. The motion carried 4 Yes, 0 No, 0 Abstentions.

Mayor Pro Tempore Wright called a five minute recess at 8:57 p.m.

Mayor Pro Tempore Wright called council back into session at 9:03 p.m.

3. Sandi Benbrook Reider provided information on a proposed long boarding event, with potential community benefits and actions needed from the Town. Motion to approve request to proceed with long boarding event was made by David Goodroe and seconded by Walter Wright. Council discussed event benefits and need to sweep streets and clear parked cars. The motion carried 4 Yes, 0 No, 0 Abstentions.

4. Motion to approve one-time water bill adjustment for Millie Kerstetter Estate was made by David Goodroe and seconded by Walter Wright. With no discussion, the motion carried 4 Yes, 0 No, 0 Abstentions.

5. Motion to approve Cooperative Funding Agreement between Wahkiakum County and Town of Cathlamet for operation and maintenance of Julia Butler Hansen Swimming Pool was made by David Goodroe and seconded by Walter Wright. With no discussion, the motion carried 4 Yes, 0 No, 0 Abstentions.

UNFINISHED BUSINESS – resumed

Planning Commission Chairman Fred Johnson presented the revised Zoning Ordinance (CMC Chapter 18) proposed by the Planning Commission. Mr. Johnson recommended that the council have a public hearing on the document to obtain input on language or use issues. Council members quizzed Mr. Johnson about various items and pointed out some contradictions in some permitted use language. Councilman Goodroe objected to leaving the marina area classified as industrial instead of commercial. Motion for a Special Council Meeting in conjunction with the regular June 3, 2009 meeting of the Planning Commission for the purpose of Council holding a public hearing on the proposed zoning ordinance was made by Walter Wright and seconded by Steve McNicholas. With no discussion, the motion carried 4 Yes, 0 No, 0 Abstentions.

8. Ken Alexander of Gray and Osborne discussed deadline to respond to Department of Ecology (DOE) on funding for Waste Water Treatment Plant relocation project. Mr. Alexander stated that there will be a meeting with DOE tomorrow in Cathlamet. Council discussed project funding options and the impact on sewer rates. Motion to accept DOE funding offer for the WWTP Relocation Conveyance Infrastructure Project (Lift Station and Conveyance Line) was made by Walter Wright and seconded by William Talbott. Councilman Goodroe stated he does not want to make a commitment without additional information. He proposed attending the DOE meeting on Tuesday and then Council could hold a special meeting to vote on the offer. Walter Wright withdrew his motion and William Talbott withdrew his second. Councilmen Goodroe and Wright will attend the April 28, 2009 11:00 a.m. meeting with DOE. Council action on the DOE funding offer will be added to the agenda for the special meeting already set for April 29, 2009.