HomeMy WebLinkAboutPublic Works March 31 2015WHATCOM COUNTY COUNCIL
Public Works, Health and Safety Committee
March 31, 2015
CALL TO ORDER
Committee Chair Barbara Brenner called the meeting to order at 1:31 p.m. in the
Council Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner and Ken Mann
Absent: Pete Kremen
COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL
1. RESOLUTION TO CONSIDER VACATING A PORTION OF DELTA LINE ROAD
(AB2015 -115)
Joe Rutan, Public Works Department, gave a staff report and stated this is just a
consideration of vacation.
Brenner moved to recommend approval to the full Council. She proposes adding
language to the resolution on Council packet page 366, "...any and all public utilities and
services now or in the future located on or in the vacated portion..." It's still the County's
right -of -way, and she would like to protect it.
Rutan stated he needs to discuss the wording with legal counsel.
Brenner stated it may have been an oversight. It would be in everyone's interest to
allow improvements to the utilities if necessary. Rutan stated the interest allows access by
existing utilities, but not new utilities. New utilities would have to negotiate directly with
the property owner once the property is vacated. Once the County vacates the property,
the franchise is no longer in force. The County has left an easement for the existing
utilities. He's not sure the County can reserve the right for a new utility to come into the
easement in the future.
Brenner stated the County could allow that access if it didn't vacate the property.
Rutan stated that's correct.
Brenner stated this is the right -of -way, and it's for utilities.
Mann asked the point of the vacation, and what right is being given up.
Brenner stated it won't allow anything except utilities.
Rutan stated the property now is a right -of -way that allows the County to use it for
public transportation and utilities. The neighbors are asking to vacate it, so it becomes their
property. The County would no longer be involved with it.
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Mann asked if it would be attached to their existing parcels. Rutan stated it would
be. The County would no longer be involved, but the vacation requires the property owner
to have an easement for the existing utilities to maintain their infrastructure. If they allow
access by future utilities, then any utility could come in and build something on the property
owner's easement, without permission of the property owner. The easement is between the
property owner and the utility. The County is out of it. The legal relationship is between
the utility and the property owner. The County can't force the property owner to grant a
future easement without any compensation.
Brenner asked why they want it to be vacated.
Max Perry stated there is no gain for Perry Pallet or the Loomer's. Scott Harksell,
who owns the Grange Hall, may want the property to be vacated, because it might be used
for parking.
Brenner asked if it would be a problem in the future if the Massetts wanted to put in
a different kind of utility. Perry stated he didn't think it would be a problem.
Mann asked about the benefit to the County in vacating the road. Rutan stated it
puts the property back on the tax role and removes County liability. The County just has a
legal right -of -way, but the property is already owned by the underlying property owner.
The benefit to the County is more for the benefit of the citizens' full use of the property.
When staff make their report on the vacation, the report will include which utilities are in
the right -of -way.
The motion carried by the following vote:
Ayes: Brenner and Mann (2)
Nays: None (0)
Absent: Kremen (1)
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 1:45 p.m.
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DarfS Brown -Davy tincil Clerk
Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Barbara Brenner, Committee Chair
Public Works, Health and Safety Committee, 3/31/2015, Page 2