Council tables moorage ordinance

The Cathlamet town council tabled action Monday evening on a proposed ordinance regulating boat moorage after a boat house owner accused town Attorney Bill Faubion of aiming it solely at him.

Faubion had presented the ordinance at the council’s February meeting and said it was needed to allow the town to regulate people living on boats, houseboats and other floating vessels in waters under the town’s jurisdiction.

The council passed the ordinance for its first reading February 20 and could have held its final two hearings at the Monday meeting.

However, Long Beach resident Dr. Robert Rich, who also owns property on Puget Island, asked that the ordinance be denied.

In a written statement, Rich alleged that Faubion was biased against him because he represents a contractor with whom Rich has been involved in a small claims suit over the cost of work performed on the boathouse which Rich owns.

Rich explained that he entered a contract for refurbishing the boathouse, which was moored in the Elochoman Slough Marina. When marina managers wanted boathouses taken out of the marina last year, the contractor had the boathouse towed into Elochoman Slough. Some work was performed on the boathouse, and Rich and the contractor became embroiled in a dispute over costs and ended up in small claims court proceeding January 31 in Pacific County.

“Merely three weeks later, Mr. Faubion has presented to this city council a proposed ordinance which serves no purpose except to harass me in retaliation for the legal process outcome which was not to the liking of himself or his client,” Rich said.

At that point, Mayor Dick Swart recommended the council table action on the proposed ordinance so that they could look into the allegations.

Faubion made a statement to respond to Rich. He emphasized that he didn’t represent the contractor in the small claims action; the judgment ordered Rich to pay part of the claim the plaintiff had filed; he was asked by the plaintiff to get a garnishment to collect, and although Rich has paid over $500, he and the plaintiff feel more is owed.

He also said work was underway on the ordinance before the small claims court hearing occurred, so the ordinance wasn’t in response to that hearing.

Faubion said he knew that Rich had the boathouse in Elochoman Slough and that he planned to move it to his Puget Island property along Welcome Slough when repairs were completed, so there was no reason to write the ordinance to address Rich.

“There was no conflict of interest; there never has been,” he said.