HomeMy WebLinkAboutCounty Council September 11 1990Y
WHATCOM COUNTY COUNCIL
September 11, 1990
fih+a meti =ng was call
le
,Prege��t wire,:.
Yacht
to order by Chairman Don Hansey at 7
Absent:
Mary Vanderpol
EXE�UT�VE TTENIS
AWARD FOR THE RECONSTRUCTION OF THE NORTH LAKE
fnTLATCOM'TRAIL TO THE LOW B.IDDER., NORTHWEST TRAILS, INC.,
INCLUDING= OPTION NO. 1 FOR APPROX. $85,220 (AB90 -312)
Sutber ":ry °explained this bid award.
darner °reported the Finance Committee recommends approval to
Cc�unci,l.
677ARNER SO MOVED..
Motion carried unanimously.
2:. AWARD FOR HIGHEST RATED' - PROPOSAL FROM RFPS FOR A PC -BASED
ELECTION BALLOT TABULATION SYSTEM TO DIVERSE INTEGRATED
SYSTEMS, APPROlC. COST $3`8,541 (AB90 -313)
Warner reported the Finance Committee recommended approval to
the Council.
WARNER SO MOVED.
`p?Ioton carried unanimously.
3. REQUEST FOR AUTHORIZATION TO ENTER INTO AGREEMENT WITH
TELECOM MANAGEMENT FOR TELECOMMUNICATIONS CONSULTING
SERUi =CES, NOT TO EXCEED $20,000 (AB90 -314)
- Warner reported the Finance Committee recommended approval to
the Council.
WARNER SO MOVED.
Motion carried unanimously.
Minutes, 9/11/90, Page 1
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4. REQUEST FOR AYTTH0912ATION TO ENTER INTO AN AGREEMENT WITH
REiABCO FOR SUPPORTED EMPLOYMENT ASSISTANCE FOR $31,270
War br reported the Finance Committee recommended approval to
the Council.
w400 'SO MOVED.
Jackson; asked how the four were chosen and where the money
came rn
Waer said it was allocated by the state; it helps but
ou
is not engh to do what is needed in the County.
Motion carried unanimously.
OPEN 409SION
No one spoke at open session.
HEARINGS:: AATD::- FINAL .CONSI•DERATON
1 RECEIPT` 6P PETITION TO VACATE PORTIONS OF A PLATTED
UNNAMED 20 =F66T ALLEY ABUTTING WEST LINE OF LOT 6,
JOHNSON -'S MARINE VIEW (AB90 -274)
01i".1 Seiko:, 400 N. Commercial Street, Attorney representing
Wendt and Phillips %: He said his clients have discovered that part
of heir;praperty is encroaching on the alleyway; this encroachment
has aused . ;prob =Lem with the marketability of their property. The
plat was approved in 195,9; the alleyway beach access rights are
owned by-prvate each property owners. Serka said his clients do
not` °want: to di =s.courage :access but want to vacate enough property so
their pr;.esent property will not be encroaching on the County alley.
He said this alley does not provide public access but rather
private access. Serka noted a precedent in 1968 showing the
vac;atort of a 10 foot alley between Lot 14 and the east line of
J6 nson's Marine View Plat, Government Lot 1, Section 10, Township
40 nortbi Range 3 west, Willamette Meridian. The vacation
requestedd by Wendt and Phillips would give them value for their
property they do not have because of the encroachment; there would
still b'e access to the water. Serka stated the vacated property
ld
wou be Added to the tax rolls.
Warner asked about other options. Serka said it Would mean
cutting off part of the bulkhead that is there to keep debris off
home's if they were forced to move their property line to avoid
encroaching. Warner said he thought a vacation into the waterway
could no longer be done.
Randy Watts, Whatcom County Prosecutor's Office: RCW
36..87.130 came into effect after the 1968 decision. There was
discussion whether water would come up during a storm and touch the
alley. Serka said storms are unusual situations.
Minutes, 9/11/90, Page 2
goh�* -Wendt:, Point Roberts: shoved pictures and said the last
tine .th water came up cost hi-M thousands of dollars. He said he
was when he found he was six and a half feet on the County
pr I a , p, . e I rt-y- 'thl' s vacation would certainly make him happy.
#1
-000&tka said there would still be a 14 foot access for the
publtb,.
Rob Steele;, Point Roberts:
He said his house blew down in a
stotpri- he <rebnit further forward and has built a bulkhead with Mr.
W6601- Steele said he supports the Wendt vacation. He said there
has n, a I�Ot of misinformation ation about this situation; rumors were
- :
q6i1*114,r1'.--=d,that 'there would be a ZO foot paved alley. He said a
4 to 5 fdot lk Ay. is all that is really necessary for beach
access va- - 'W
are concerned about who will be using this
access, Steele said. Most people use their own access and do not
use th�ia alley.
Dan gender, 322 N. Commercial Attorney appearing on behalf of
Polht Robert Matina Inc.: This corporation is not associated with
the p
ia�. He . said he can sympathize hize with the Wendt/Phillips
problem ° Point Rokierts .Marina-, loc. owns a portion of the property
owhe,
r,.:_S:".al .access Zender said Point Roberts Marina,
o he beach.
Ent is -s'eii1ing homes in the area across from this with the
un,-.e,r.s..a-n,d,li,-n.gl,.th-e bU'.y.'4t,.s will be using the alley for access to the
water , He. state'd there is considerable reliance on this public
at- ce 1 er --nd"d-, said in -Wilbur v Gallagher the public's right
df., access --;`to-the water was established and roads cannot be vacated
that terminate at the water. He said he thinks the petitioners
should be <allow.ed tokeep the property and get a revocable permit.
Z-e-hd'e-r .,. said -his clients are interested in keeping the full 20 feet
and not l'avirig any of it vacated. Imhof wonders how someone can
Own a percentage of beach access and sell it to many other home
dwhers.4
Under sal -id he thinks his clients own about three out of
ZO beach rights and the people purchasing their lots are buying
baAbh rights as well as lots. Jackson and Imhof said tender's
clfeit is selling Wendt's rights as well.
'4020--nne Trasolini, officer of Point Roberts Marina, Inc.:
showed A a drawing on the blackboard that explained the area that was
being; - discussed.
, - I' . Jackson asked if she objects to the vacation and
7:t 411-11a
, .-Vini said yes. She said Point Roberts Marina, Inc. owns one
A I I I
so,,,
out of 19 rights.
Jdhn Tyler, Deputy Director Public Works: He said they are
unqqr at this time if the vacation would be appropriate under
the -law. Public Works has initially taken the position that the
encroachment could continue to exist until such time as the County
develop.. Tyler suggested the County could sell the encroachment,
give a revokable encroachment permit or grant an easement in
perpetuity.
Watts said RCW 36.87.130 states that no county shall vacate
Minutes, 9/11/90, Page 3
W
ohich abuts on a body of salt water. Watts said it is not
a it t road ends at the salt water or at the property
it statute does not refer specif ically to private or
owned property. Watts said there is a condition where
-
-OWn.ed! property can be exchanged for publicly owned
The 106uhtV does not have to vacate to divest of
Barka said that Mr. Zender stated he objects to a vacation of
any% of the Z`0 todt. Easement would accomplisb the same thing and
if his ;as g00tbd his clients would be happy with this solution.
-'---'V 'dtdr1& Vh'ki_,-408 11449 Edwards: Phillips said they shared a
with the e� �.e driveway Ay- .4 next door and this may have caused the
_pe
encroachment in the be" gin n- g. She stated that bulkhead or
retaining �ia11 is wary ky nec e-ssa.-r;',y to avoid damage when the water is
Public hearing closed.
-�4 � 0 MOVED T
-,0 GRANT AN EASEMENT TO THE PETITIONERS OF THE
MINIMUM dUNT. NECESSARY C,E8SAR1Y TO ACCOMMODATE THE ENCROACHMENT
AND HAVE PUBLIC WORKS ESTABLISH A FAIR MARKET APPRAISAL FOR THE
�
'thh-f ,nbt ed this would still leave a 13 and a half foot
V aw, asked Watts if the
" County could legally grant an
Watts said the County could grant an easement.
on sa=id" she supports the concept of easement for the
h carried unanimously.
tNTk6bbcttaN, or....'RESOLUTIONS AND ORDINANCES (*CONSENT ITEMS
1,e *RESOLUTION TO ESTABLISH WETLAND POLICIES AND REGULATIONS
TO SE E US ED UNTIL SUCH TIME AS WHATCOM COUNTY HAS A
NA
WI ANCE (AB90-315) (FOR INFORMATION; WILL BE
;WETLANDS W iigUtJ�D FOR PLANNING AND DEVELOPMENT AND COUNCIL
2. *`ORDINANCE AMENDING WCC CHAPTER 17, "FLOOD DAMAGE
,Pk N-TION,11 TO INCORPORATE NEW FEDERAL FLOOD MAPS AS
REQUIRED BY THE NATIONAL FLOOD INSURANCE PROGRAM (AB90-
11-6) (PUBLIC SERVICES)
The above two items will be referred to the appropriate
committees and will be on the September 25th Council agenda.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Warner said Bob Moore is interested in attending a workshop on
Minutes, 9/11/90, Page 4
CA
on September 24a -25, 1990 at Fort
He stated that Moore had worked
ues and it would be a benefit to
with payment to come out of the
im Zrxan Humphrey, a student at Western
5 wondered if the Council would be
o an internship for $1500 -2000. Warner
the budget and point out the effect of
discussion about the cost and whether
geed in time to help with this year's
d- .h °e w l I inf oa m Mr. Humphrey that there
for
7th-it purpose.
van. -Zanten has asked for a Committee of
Waste issues, Thursday, September 20 at
Tlae meetsag- adjoutned at 8 :-28 p.m.
WHATCOM COUNTY COUNCIL
ATTEST, 6�HATCOM COUNTS, WASHINGTON
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