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HomeMy WebLinkAbout2013 February 12, 2013 Special ElectionCanvassing Board Meeting Certification of the February 12, 2013 Special Election Date: February 26, 2013 Meeting began: 3:02 p.m. In attendance: Debbie Adelstein, (Canvassing Board Member) Royce Buckingham, Civil Prosecuting Attorney (Canvassing Board Member) Kathy Kershner, County Council Member (Canvassing Board Member) Diana Bradrick, Chief Deputy Auditor Matt Shepherd and Nancy Moore, Auditor Staff Steve Oliver, Whatcom County Treasurer Observers Debbie Adelstein called the meeting to order at 3:02 p.m. and declared the purpose of the meeting was to certify the February 12, 2013 Special Election. Kathy Kershner gave the Oath of Auditor to Debbie Adelstein; Debbie signed the Oath and Kathy and Royce Buckingham signed as witnesses. The Chair had received a request from Bill Geyer, observer and interested party to the February 12 Special Election, to give a short presentation to the Canvass Board. The first item of business was to hear from Mr. Geyer. Prior to the meeting Mr. Geyer sent an informational letter and packet (attached to these minutes) to Debbie Adelstein, Kathy Kershner, and Royce Buckingham, all of whom acknowledged receipt of said packet. Mr. Geyer referred the Canvassing Board to the "key points" addressed in his letter. After a detailed elaboration of the alleged "deficiencies" in the formation of the park district regarding SEPA review of the project, he added that it was "premature for the Canvass Board to certify the election today" and is asking the Board to not certify the February 12, 2013 Special Election results. Discussion ensued regarding the role of the Canvassing Board. Kathy inquired about several procedural questions with regard to the information presented. Debbie said this was a very unusual situation where there are SEPA questions as well as Canvassing Board actions that may or may not conflict. It is not something the Canvassing Board has very often dealt with. Royce stated the RCW provides only that the Canvass Board complete the canvass and certify the election results (see RCW 29A.60.200 and WAC 434-262-010.) Royce further explained that litigating legal issues is not part of this Board's certification process and that the Board does not hold up the certification of an election due to a legal challenge of the SEPA process. Debbie stated that the Canvassing Board is here to validate the counting and reporting of ballot results, and there are other avenues such as the courts to challenge the validity of the SEPA process. No action was taken. Mr. Geyer's presentation documents will be placed on record with the minutes of this meeting. The next order on the agenda was presentation of staff reports. Diana presented and reviewed the Canvassing Ballot Reconciliation and the Certification Reconciliation Report (attached to these minutes) required by the Secretary of State. The number of ballots that were counted matched the total number of ballot envelopes received with 100% accuracy. Royce made a motion to reject the challenged ballots as listed. The motion passed unanimously. Matt Shepherd presented the Official Summary Report inclusive of over -votes and under - votes. He then presented the precinct abstract report that contains detailed information regarding votes in each precinct. Debbie made a motion to accept the reports presented and to certify the election; the motion passed unanimously. Nancy Moore presented the following certification to the Canvassing Board: • Formation of Chuckanut Community Forest Park District (Proposition Passed 51.73%) Debbie, Kathy, and Royce signed the aforementioned certifications and the Certification of the General Election. Meeting adjourned at 3:50 p.m. Minutes Approved By: Debbie Adelstein, Whatcom County Auditor Date Royce in Ivil Prosecuting Attorney Date Kathy Kershner, County Council Member Date Final Canvassing Board Meeting 02/26/2013 Page 2 �GoM sA Official Canvass of the Special Election for the Formation of Chuckanut Community Forest Park District Whatcom County, Washington Held Tuesday, February 12, 2013 State of Washington County of Whatcom The undersigned, being the officers designated by law as constituting the Whatcom County Canvassing Board, have completed the canvass of votes as it pertains to the Special Election held February 12, 2013, in precincts 250, 251, 252, 256, 257, 258, 260, 261, 262, 263, 264, 265, and the portion of precinct 259 west of Interstate 5, all within the boundaries of the City of Bellingham, Whatcom County, State of Washington. The proposition concerned the formation of Chuckanut Community Forest Park District. A simple majority was needed for passage. The vote count for the Formation of Chuckanut Community Forest Park District was: Yes — 1,926 51.73% No — 1,796 48.27% Total votes — 3,721 The proposition received the majority required and therefore PASSED. WITNESS our hand and seal this 26th day of February, 2013. WHATCOM COUNTY CANVASSING BOARD Kathy Kershner, County Council Chair Royce`Buckingliam, Civil Deputy Prosecuting Attorney 111- C- Debbie Adelstein, County Auditor bk(WL Raj) (kJ F t Lin� FoOLL cu OP i� i Y � C 0 C;CU STATF ...4- ,����11111111\�- Whatcom County Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Phone: (360) 676-6740 Fax: (360) 738-4556 Email: auditor@co.whatcom.wa.us Internet: www.whatcomcounty.us/auditor ELECTION RESULTS RECEIPT Debbie Adelstein County Auditor Diana Bradrick Chief Deputy Auditor Copies of the Formation of Chuckanut Community Forest Park District, election results from the February 12, 2013 Special Election, have been delivered to the Assessor's and Treasurer's Office. Receipt Acknowledged: ASSESSOR'S OFFICE: qn"e Na TREASURER'S OFFICE: ame - Date 7 4, - Date Licensing Recording Elections Administration Licensing@co.whatcom.wa.us Recording@co.whatcom.wa.us Elections@co.whatcornma.us Auditor@co.whatcom.wa.us 360-676-6740 360-676-6740 360-676-6742 360-715-7474 TTY 360-738-4555 Oath of County Auditor or Supervisor of Elections STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) I solemnly swear that the returns of the Special Election held on February 12, 2013, in Whatcom County, State of Washington, have been in no way altered and that they are the same as when they were deposited in my office. Debbie Adelstein, Whatcom County Auditor Subscribed and sworn to me this 26rnday of February 2013. CUB. Kathy Kershner, Council Member; County Legislative;A t NTY '. r. STATE OF Deputy Prosecuting Attorney } + �- OM co "&AfiNG��t� Certification by the Canvassing Board STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) The undersigned officers designated by law as constituting the Canvassing Board for the County of Whatcom, State of Washington, hereby certify that this is a full, true and correct copy of the Abstract of Votes including the cumulative results, precinct results, and a reconciliation report of votes cast at the Special Election held on February 12, 2013, in Whatcom County, State of Washington, and that the following are the true and reconciled numbers of voters and votes counted. Witness our hands and official seal this 26rh day of February 2013. Debbie Adelstein, Whatcom County Auditor \ . . . . . • , Kathy Kershner, Council Member, County ter'' Royce Buckingham, Deputy Prosecuting Attorney �If 111111\, WHATCOM COUNTY CANVASSING BOARD Certification Meeting for February 12, 2013 Special Election Tuesday, February 26, 2013 1. Presentation of Request for Consideration — Bill Geyer 2. Administration of Oath 3. Review of Reports ■ Information Summary — Motion Accept Report to Reject Necessary Ballots • Reconciliation Report • Official Election Results • Precinct Abstract Report i. Motion to Accept Reports ii. Motion to Certify Results 4. Signing of Certifications ' 5. Other questions or comments 6. Meeting Adjourned Canvassing Ballot Reconciliation Whatcom County ;a Special Election February 12 2013 - February 12, 2013 Registration Counts Total Active Registered Voters Absentee/Vote by Mail Ballots Issued: Confidential 1 Email 74 Mail 8,004 My Ballot 2 Replacement/Counter 29 Replacement/Mailed 1 Total Issued: 8,111 Ballots Returned: Confidential 0 E-Mail 3 Fax 2 Mail 3,895 Total Returned: 3,900 Ballots Challenged: Confidentials 0 Contain No Ballot 0 No Ballot 2 No Signature 2 No Signature Match 13 Too Late 17 Undeliverable 72 Total Challenged: 106 Good Ballots from EMS: Good Confidential Ballots: Provisional Ballots Total Provisional Ballots Counted: Total Ballots to be Counted (from EMS): Ballot Counting System Total: Voting History Breakdown Voted by Mail Ballot Total Voting History: Comments/Notes: i 2_$ vbCA Vl*, to r...i 3,794 0 0 3,794 3,794 8,062 EWMR072 - Canvassing Ballot Reconciliation Page 1 of Printed:2/25/2013 4:56:24PM Reconciliation Report County Name: Whatcom County Election Date: 2/12/2013 Active registered voters 8062 Overall ballot reconcilation Total ballots received 3828 Inactive registered voters 1041 Total ballots counted 3794 Total registered voters 9103 Total ballots rejected 34 Credited voters 37941 Not reconciled 0 Ballot Reconciliation by Category Ballot Categories Issued Returned (include provisionals from other counties) Accepted / counted Rejected (include provisionals sent to other counties) Ballot category discrepancy Totals 8111 3828 3794 34 0 UOCAVA 128 13 13 0 0 Federal write -In n/a 0 0 0 0 Provisional 0 0 0 0 0 Ballots cast on DRE's 0 0 0 0 0 All other ballots not reported above (include Regular & ACP) 7983 3815 37811 34 0 F Yes r- No Are both the Overall ballot reconciliation and total Ballot category discrepancy cells showing zero? Does the number of credited voters equal the number of ballots counted? If not, attach an explanation of the discrepancies and/or the process followed to resolve the discrepancies per WAC 434-262-060, 434-262-070 and 434-262-100. Additional information requested by the Secretary of State Of the ballots returned, how many were returned by email or fax? 5 Of the ballots returned (including returned by email or fax), how many were from MyBallot, another online program or a pdf sent from the county? 2 AutoMark counties: Please enter an estimate of voters using the AutoMark in the box to the right. Report prepared by: I Debbie Adelstein Contact number: 1 360-715-7474 �`SHING�0 Whatcom County, Washington February 12, 2013 Special Election Official Precinct by Precinct Canvas Certification Date February 26, 2013 7 Pages Whatcom OFFICIAL Precinct Canvas February Special Election 2013 February 12, 2013 Precinct Formation of Chuckanut Community Forest Park District x N. (D Q m v o n y -1 O ° ca 194 164 15 211 77 218 85 159 172 182 69 231 148 1925 1 Z O p CD W � a C CD N o0 w M d O 250 855 478 55.91% 280 4 251 701 363 51.78% 195 4 252 394 19 4.82% 4 256 755 341 45.17% 117 13 257 533 127 23.83% 47 3 258 830 329 39.64% 106 5 259 495 151 30.51 % 63 3 260 596 395 66.28% 227 9 261 568 346 60.92% 171 3 1 262 659 291 44.16% 106 3 263 327 135 41.28% 63 3 264 739 472 63.87% 236 5 265 575 333 57.91% 181 4 Confess T04 8027 3780 47.09.°b' 5796 59 1 Page 1 of 7 Whatcom February Special Election 2013 OFFICIAL Precinct Canvas February 12, 2013 Chuckanut Forest Park District Commissioner 1 _• (D Q. o N N C N (D O rt� ! (D 91 a fD 5 U3 3 OC O. N. J N. fD 0 N fD Precinct 187 143 9 171 64 186 78 126 158 140 65 209 138 1674 250 855 478 55.91 % 34 6 251 701 363 51.78% 22 10 252 394 19 4.82% 2 256 755 341 45.17% 31 6 257 533 127 23.83% 11 1 258 830 329 39.64% 18 6 259 495 151 30.51 % 13 3 260 596 395 66.28% 41 10 261 568 346 60.92% 26 9 262 659 291 44.16% 22 1 263 327 135 41.28% 13 1 264 739 1 472 63.87% 37 5 265 575 333 57.91% 41 5 Contest Total 9027 3780 47.09% 311 63 251 188 8 133 51 119 57 218 153 1 128 56 221 149 Page 2 of 7 Whatcom OFFICIAL Precinct Canvas February Special Election 2013 February 12, 2013 Chuckanut Forest Park District Commissioner 2 m D < a 7 y (p to C 2 � CDf < Jp (D N G 7� co Q UN»1 ^ ov 3 N 3 ID J 3 N N O N Precinct 106 75 4 106 36 145 56 86 250 855 478 55.91% 100 6 266 251 701 363 51.78% 83 10 195 252 394 19 4.82% 7 8 256 755 341 45.17% 81 7 2 145 257 533 127 23.83% 33 1 57 258 830 329 39.64% 68 5 111 259 495 151 30.51 % 40 3 52 260 596 395 66.28% 73 10 226 261 568 346 60.92% 93 75 42 119 81 1024 82 10 161 1 262 659 291 44.16% 86 1 129 263 327 135 41.28% 39 1 53 264 739 472 63.87% 113 7 233 265 575 333 57.91% 89 5 158 Contest 7olal 6027 3780 47.09% 894. 66 2 1794 1 Page 3 of 7 Whatcom OFFICIAL Precinct Canvas February Special Election 2013 February 12, 2013 Chuckanut Forest Park District Commissioner 3 �U ao --I C cn C N 0 < C J O. m N J (D O N 0 O ^ ' A JCD m � -_m f o M G F W � CD a)m .�-. � O O V1 Precinct 160 122 10 156 57 171 67 128 149 132 65 202 135 FS 4 250 855 478 55.91% 46 6 266 251 701 363 51.78% 41 10 190 252 394 19 4.82% 1 8 256 755 341 45.17% 44 5 1 135 257 533 127 23.83% 12 1 57 258 830 329 39.64% 34 7 117 259 495 151 30.51% 22 5 57 260 596 395 66.28% 19 13 235 261 568 346 60.92% 37 9 151 1 262 659 291 44.16% 25 1 133 263 327 135 41.28% 13 1 56 264 739 472 63.87% 40 6 224 265 575 333 57.91% 38 5 155 Contest Tmzlf 8027 3780 47.09 % 372 6g s7 i Page 4 of 7 Whatcom February Special Election 2013 OFFICIAL Precinct Canvas February 12, 2013 Chuckanut Forest Park District Commissioner 4 0 N C O ao N o 0 n m x N N 0 '� > [>I_�. p < D 3 ° p�j — CDm N (D C N y Precinct 7 m N 193 151 11 203 250 855 478 55.91% 11 274 251 701 363 51.78% 13 199 252 394 19 4.82% 8 256 755 341 45.17% 16 122 257 533 127 23.83% 67 196 77 141 185 151 �4229 196 1 59 258 830 329 39.64% 6 127 259 495 151 30.51 % 6 68 260 596 395 66.28% 14 240 261 568 346 60.92% 10 151 1 262 659 291 44.16% 1 139 263 327 135 41.28% 3 55 264 739 472 63.87% 10. 233 265 575 333 57.91% 5 161 Contest Total 8027 3760 47.U'.i 1835 1 Page 5 of 7 Whatcom February Special Election 2013 OFFICIAL Precinct Canvas February 12, 2013 Chuckanut Forest Park District Commissioner 5 m o c a)m c 3 > :3 iv O 3 > n1 l d 3 03 < m d o d M a d 3 3 N N N Precinct 139 114 8 138 48 160 65 120 136 111 58 198 118 1413 250 855 478 55.91 % 117 2 220 251 701 363 51.78% 79 10 160 252 394 19 4.82% 4 7 256 755 341 45.17°% 73 7 123 257 533 127 23.83% 27 1 51 258 830 329 39.64% 56 4 109 259 495 151 30.51% 33 3 50 260 596 395 66.28% 87 6 182 261 568 346 60.92% 73 3 134 1 262 659 291 44.16% 60 1 119 263 327 135 41.28% 21 1 1 54 264 739 1 472 63.87% 77 6 191 265 575 333 57.91% 72 5 138 [:ontest Tntai 8027 3780 47.09% T 19 49 1 1538 1 Page 6 of 7 Whatcom February Special Election 2013 OFFICIAL Precinct Canvas February 12, 2013 Concrete School District Prop. No. 1 m1 m -+ m c m m o o m m m < m a m �c � N C7 .-. { Z < O < m O7 Precinct d N o U 0 N N N O u 183 35 14 40.00% 13 1 Contes! Total 35 14 40.00% 13 1 Page 7 of 7 RCW 29A.60.200: Canvassing board — Canvassing procedure — Penalty. Page 1 of 1 Inside the Legislature * Find Your Legislator • Visiting the Legislature • Agendas, Schedules and Calendars * Bill Information * Laws and Agency Rules * Legislative Committees * Legislative Agencies f Legislative Information Center * E-mail Notifications • Civic Education • History of the State Legislature Outside the Legislature * Congress -the Other Washington • TVW * Washington Courts * OFM Fiscal Note Website Access 1+►Washingtone 0 H1c1a131.M Gavarnm.nl YWWln 20l0 scm. rin�iar r k moc ran A-40 RCWs > Title 29A > Chapter 29A.60 > Section 29A.60.200 29A.60.195 << 29A.60.200 >> 29A.60.210 .P I Help RCW 29A.60.200 Canvassing board — Canvassing procedure — Penalty. Before canvassing the returns of a primary or election, the chair of the county legislative authority or the chair's designee shall administer an oath to the county auditor or the auditor's designee attesting to the authenticity of the information presented to the canvassing board. This oath must be signed by the county auditor or designee and filed with the returns of the primary or election. The county canvassing board shall proceed to verify the results from the ballots received. The board shall execute a certificate of the results of the primary or election signed by all members of the board or their designees. Failure to certify the returns, if they can be ascertained with reasonable certainty, is a crime under RCW 29A.84.720. [2011 c 10 § 60; 2003 c 111 § 1520; 1990 c 59 § 63; 1965 c 9 § 29.62.040. Prior: 1957 c 195 § 17; prior: (i) 1919 c 163 § 21, part; Code 1881 § 3095, part; 1868 p 20 § 1, part; 1865 p 39 § 6, part; RRS § 5340, part. (ii) 1893 c 112 § 2; RRS § 5342. (iii) 1903 c 85 § 1, part; Code 1881 § 3094, part; 1865 p 38 § 4, part; RRS § 5339, part. Formerly RCW 29.62.040.] Notes: Notice to registered poll voters -- Elections by mail -- 2011 c 10: See note following RCW 29A.04.008. Intent -- Effective date --1990 c 59: See notes following RCW 29A.04.013. http://apps.leg.wa.gov/RCW/default.aspx?cite=29A.60.200 2/28/2013 WAC 434-262-010: Definitions. Page 1 of 1 Mobile WACs > Title 434 > Chanter 434-262 > Section 434-262-010 Inside the Legislature * Find Your Legislator Beginning of Chapter << 434-262-010 >> 434-262-013 * Visiting the Legislature * Agendas, Schedules and WAC 434-262-010 6 ene filings afFectin this section Calendars * Bill Information Definitions. * Laws and Agency Rules As used in these regulations: * Legislative Committees * Legislative Agencies (1) "Canvassing" is that process of examining in detail a ballot, groups of ballots, election * Legislative Information subtotals, or grand totals, in order to determine the final official returns of a primary, special, or Center general election, and to safeguard the integrity of the election process. * E-mail Notifications (2) "County canvassing board" is that body charged by law with the duty of canvassing * Civic Education ballots, ruling on the validity of questioned or challenged ballots, verifying all unofficial returns * History of the State as listed in the auditor's abstract of votes, and producing the official county canvass report; it Legislature shall be composed of the county auditor, prosecuting attorney, and chair of the board of the county legislative authority, or their designated representatives. Outside the Legislature * Congress - the Other Washington [Statutory Authority: RCW 29A.04.611. 12-14-074, § 434-262-010, filed 7/2/12, effective 8/2/12. Statutory * TVW Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. 11-24-064, § 434-262-010, filed 1216/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611.06-14-046, § 434-262-010, filed 6/28/06, effective 7/29/06; 05-17- * Washington Courts 145, § 434-262-010, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 29A.04.610.04-15-089, § 434-262- * OFM Fiscal Note Website 010, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.04.080. 03-15-054, § 434-262-010, filed 7/11/03, effective 8/11/03. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-262-010, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080. 80-15-008 (Order 80-3), ACCeSS �Washi ngtonm afliclal S1ad G-nmanl Wamlm § 434-62-010, filed 10/3/80.] http://apps.leg.wa.gov/WAC/default.aspx?cite=434-262-010 2/27/2013 G E Y E R & Associates, Inc, 1 0 0 8 1 6 t h Street Bellingham, WA 98225 360.224.6317 bi11@billgeyer.com www. billgeyer. co m FEB 2 6 2013 DEBBIE ADELSTEIN February 26, 2013 WHATCOM COUNTY AUDITOR Ms. Debbie Adelstein, Whatcom County Auditor And Whatcom County Canvassing Board Members Whatcom County Court House 311 Grand Ave Bellingham, WA 98225 RE: February 12, 2013 Special Election Certification Regarding Proposition 1 — Formation of a Metropolitan Parks District Dear Ms. Adelstein and Canvassing Board Members, The Canvassing Board is scheduled today to consider certification of the February 12, 2013 Special Election for Proposition 1, formation of the Chuckanut Community Forest Park District. As a follow-up to my February 21, 2013 meeting with Ms. Adelstein and Mr. Buckingham and my email of the same date, this letter provides additional documentation of the fatal deficiencies in the formation of the proposed metropolitan parks district (MPD) that invalidates the ability to certify the election, which thereby creates the MPD. The key points are: 1. Creation of a metropolitan parks district is required to comply with all mandates of the State Environmental Policy Act (SEPA) [see (WAC 197-11-704(2)(b)(iv)]. 2. The SEPA steps taken for the formation of the proposed MPD violated technical, procedural and substantive requirements; therefore the SEPA review is incomplete and invalid [see attached February 11, 2013 letter to Mr. Jeff Thomas]. 3. The Whatcom County Canvassing Board is the sole agency authorized to certify the Proposition 1 Special Election [RCW 29A.60.190]. The proposed MPD is created upon certification by the Canvassing Board. [RCW 35.61.040] 4. SEPA must be accomplished prior to creating the new MPD [WAC 197-11-055 and 197-11-310]; however the SEPA review and actions to date are invalid. 5. Due to non-compliance with SEPA requirements for the formation of the proposed MPD, the Whatcom County Canvassing Board is presently not 11Page February 25, 2013 Letter to Canvassing Board authorized to certify the election that would create the proposed Chuckanut Community Forest Park District. 6. The Whatcom County Canvassing Board should withhold final certification of the Proposition 1 February 12, 2013 Special Election results as certification at this time violates the State Environmental Policy Act and related State laws regarding formation of a metropolitan parks district. I respectfully request the Board take action to not certify the February 12, 2013 Special Election results. [Copies of the controlling authorities cited above are attached to this letter.] One of the many SEPA deficiencies cited is the failure to complete the SEPA process prior to the decision makers making a decision. The decision makers, the voters, began their decision making when ballots were mailed on January 24, 2013 and continued until February 12, 2013. The SEPA Threshold Determination was signed on January 28, 2013 with a 14 day comment period that ran until February 11, 2013. The SEPA Threshold Determination by the Bellingham SEPA Responsible Official was never published, a clear violation of SEPA regulations. Many other deficiencies listed in my letter to Mr. Jeff Thomas (attached) will be presented at today's meeting. For the Board's information, I am a registered voter and property owner in the proposed MPD boundaries and I voted in the February 12 Special Election. County Auditor Adelstein appointed me and another voter to write the CON position on Proposition 1 for the Auditor's election pamphlet mailed to all registered voters in the proposed district. I am familiar with State laws regarding formation of a MPD, election procedures and have been an expert witness for SEPA issues in Superior Court. I reviewed numerous public documents filed with the Auditor's Office including but not limited to the voters' proposed petition to initiate Proposition 1, the Auditor's approval of the petition form, the Auditor's receipt of the signed petitions, the Auditor's Ballot Measure pamphlet, the Auditors Notice of Special Election and Requirements, the Auditor's Sample ballot, reports of the Opening Boards, the Election Logic and Accuracy certification, and ballot tabulation reports by the Auditor's staff. I reviewed the SEPA file of record (SEP2013-00002) by the City of Bellingham SEPA Responsible Official Jeff Thomas. I am a Party of Record for SEP2013-00002. Thank you for the opportunity to address the Canvassing Board on this important issue Sincerely, Bill Geyer, AICP President, Geyer & Associates, Inc. 2 1 P a g e February 25, 2013 Letter to Canvassing Board Controlling Authorities Cited: WAC 197-11-704 Action. (2) Actions fall within one of two categories: (a) Project actions. A project action involves a decision on a specific project, such as a construction or management activity located in a defined geographic area. Projects include and are limited to agency decisions to: (i) License, fund, or undertake any activity that will directly modify the environment, whether the activity will be conducted by the agency, an applicant, or under contract. (ii) Purchase, sell, lease, transfer, or exchange natural resources, including publicly owned land, whether or not the environment is directly modified. (b) Nonproject actions. Nonproject actions involve decisions on policies, plans, or programs. (i) The adoption or amendment of legislation, ordinances, rules, or regulations that contain standards controlling use or modification of the environment; (ii) The adoption or amendment of comprehensive land use plans or zoning ordinances; (iii) The adoption of any policy, plan, or program that will govern the development of a series of connected actions (WAC 197-11 -060, but not including any policy, plan, or program for which approval must be obtained from any federal agency prior to implementation; (iv) Creation of a district or annexations to any city, town or district; (v) Capital budgets; and (vi) Road, street, and highway plans. RCW 29A.60.190 Certification of election results. (Effective until July 1, 2013.) (1) Except as provided by subsection (2) of this section, fourteen days after a primary or special election and twenty-one days after a general election, the county canvassing board shall complete the canvass and certify the results. The county canvassing board must complete the canvass and certify the results of the April 17, 2012, special election ten days after election day. Each ballot that was returned before 8:00 p.m. on the day of the special election, general election, or primary, and each ballot bearing a postmark on or before the date of the special election, general election, or primary and received no later than the day before certification, must be included in the canvass report. RCW 36.61.040 Election — Creation of district If a majority of the voters voting on the ballot proposition authorizing the creation of the metropolitan park district vote in favor of the formation of a metropolitan park district, the metropolitan park district shall be created as a municipal corporation effective immediately upon certification of the election results and its name shall be that designated in the ballot proposition. 3 1 P a g e February 25, 2013 Letter to Canvassing Board WAC 197-11-055 Timing of the SEPA process. (1) Integrating SEPA and agency activities. The SEPA process shall be integrated with agency activities at the earliest possible time to ensure that planning and decisions reflect environmental values, to avoid delays later in the process, and to seek to resolve potential problems. (2) Timing of review of proposals. The lead agency shall prepare its threshold determination and environmental impact statement (EIS), if required, at the earliest possible point in the planning and decision -making process, when the principal features of a proposal and its environmental impacts can be reasonably identified. (a) A proposal exists when an agency is presented with an application or has a goal and is actively preparing to make a decision on one or more alternative means of accomplishing that goal and the environmental effects can be meaningfully evaluated. (i) The fact that proposals may require future agency approvals or environmental review shall not preclude current consideration, as long as proposed future activities are specific enough to allow some evaluation of their probable environmental impacts. (ii) Preliminary steps or decisions are sometimes needed before an action is sufficiently definite to allow meaningful environmental analysis. (b) Agencies shall identify the times at which the environmental review shall be conducted either in their procedures or on a case -by -case basis. Agencies may also organize environmental review in phases, as specked in WAC 197-11-060(5). (c) Appropriate consideration of environmental information shall be completed before an agency commits to a particular course of action (WAC 197-11_-070]. (d) A GMA county/city is subject to additional timing requirements (see WAC 197-11-310 . (3) Applications and rule making. The timing of environmental review for applications and for rule making shall be as follows: (a) At the latest, the lead agency shall begin environmental review, if required, when an application is complete. The lead agency may initiate review earlier and may have informal conferences with applicants. A final threshold determination or FEIS shall normally precede or accompany the final staff recommendation, if any, in a quasi-judicial proceeding on an application. Agency procedures shall specify the type and timing of environmental documents that shall be submitted to planning commissions and similar advisory bodies (WAC 197-11- 9t)6). WAG 197-11-310 Threshold determination required. (1) A threshold determination is required for any proposal which meets the definition of action and is not categorically exempt, subject to the limitations in WAC197-11-600(3) concerning proposals for which a threshold determination has already been issued, or statutorily exempt as provided in chapter 43.21 C RCW. A threshold determination is not required for a planned action (refer to WAC 197-11-164 through197-11-172 ). 4 1 P a g e February 25, 2013 Letter to Canvassing Board (2) The responsible official of the lead agency shall make the threshold determination, which shall be made as close as possible to the time an agency has developed or is presented with a proposal (WAC 197-11-784). If the lead agency is a GMA county/city, that agency must meet the timing requirements in subsection (6) of this section. (3) The responsible official shall make a threshold determination no later than ninety days after the application and supporting documentation are determined to be complete. The applicant may request an additional thirty days for the threshold determination (RCW 43.21 C.033 . (4) The time limit in subsection (3) of this section shall not apply to a county/city that: (a) By ordinance adopted prior to April 1, 1992, has adopted procedures to integrate permit and land use decisions with SEPA requirements; or (b) Is planning under RCW 36.70A.040 (GMA) and is subject to the requirements of subsection (6) of this section. (5) All threshold determinations shall be documented in: (a) A determination of nonsignificance (DNS) (WAC 197-11-340 ; or (b) A determination of significance (DS) (WAC 197-1.1-360}. (6) When a GMA county/city with an integrated project review process under RCW 36.7013.060 is lead agency for a project, the following timing requirements apply: (a) If a DS is made concurrent with the notice of application, the DS and scoping notice shall be combined with the notice of application (RCW 36.70B.110). Nothing in this subsection prevents the DS/scoping notice from being issued before the notice of application. If sufficient information is not available to make a threshold determination when the notice of application is issued, the DS may be issued later in the review process. (b) Nothing in this section prevents a lead agency, when it is a project proponent or is funding a project, from conducting its review under SEPA or from allowing appeals of procedural determinations prior to submitting a project permit application. (c) If an open record predecision hearing is required, the threshold determination shall be issued at least fifteen days before the open record predecision hearing (RCW 36.70B.110 (6)(b)). (d) The optional DNS process in WAC 197-11-355 may be used to indicate on the notice of application that the lead agency is likely to issue a DNS. If this optional process is used, a separate comment period on the DNS may not be required (refer to WAC 197-11-355(4)). [Statutory Authority: RCW 4321A.090, chapter 43.21 C RCW, RCW 43.21 C.035, 43.21C.037, 43.21 C.038. 43.21 C.0381, 43.21 C,0382, 43.21 C.0383, 43.21 C.110, 43.21 C.222. 03-16-067 (Omer 02-12), § 197-11-310, filed 811/03, effective 9/1W. Statutory Authority: 1995 c 347 (ESHB 1724) and RCW 4321 C.110.97-21-030 (Order 95-16), § 197-11-310, filed 10/10/97, effective 11/10/97. Statutory Authority: RCW 43.21 C.110.84-05-020 (Order DE 83-39), § 197-11-310, filed 2/10/84, effective 4/4/84.] 5 1 P a g e G E Y E R & Associates, Inc. E��z 1008 16tb Strccr ■�■ Bellingham, WA 98225 February 11, 2013 Mr. Jeff Thomas, Director SEPA Responsible Official Bellingham Planning & Community Development 210 Lottie Street Bellingham, WA 98225 360.224.6317 bill@biligeyer.com www.biligeyer.com RE: SEP2013-00002 Threshold Determination, Non -project Action Formation of Metropolitan Parks District Dear Mr. Thomas, Per your request for public comment in Determination of Non -Significance (DNS) SEP2013-00002 issued January 28, 2013, 1 am commenting as a Party of Record within the 14 day comment period. Please consider these comments as you determine whether DNS SEP2013-00002 stands as issued or you decide another course of action. I am a resident and property owner in the proposed Metropolitan Parks District (MPD) boundaries, all within the Bellingham City limits. The January 23, 2013 SEPA Checklist and DNS SEP2013-00002 were emailed to me on January 29 by Planner Jackie Lynch, AICP. I requested and was confirmed via email as a Party of Record by Ms. Lynch on January 29. Copies of all further communication and actions regarding this DNS should be sent to me via email at biliceveC@comcast.net or to my mailing address above. I have evaluated the SEPA Checklist and DNS SEP2013-00002 in detail. I am a familiar with the City and State SEPA requirements having served as Bellingham's Planning and Development Director and SEPA Responsible Official (1985—1991), and during the subsequent 22 years in private practice. I am a certified by the American Institute of Certified Planners with 35 years of professional experience including service as an expert witness in US Federal District Court and County Superior Courts. I am registered with the State Public Disclosure Commission (PDC) as the Chair of Protect Bellingham Parks to advocate against the passage of Proposition 1 on the February 12, 2103 Special Election. County Auditor Debbie Adelstein appointed me and George Munger to write the CON position on Proposition 1 for the Auditor's election pamphlet mailed to all registered voters in the proposed district. I am familiar with State laws regarding formation of a metropolitan parks district and election procedures. 1IPage February 11, 2013 Comment Letter re DNS — SEPA2013-00002 SEQUENCE OF STEPS TAKEN FOR THE NON -PROJECT ACTION The MPD was initiated by a petition of registered voters within the proposed district boundaries per RCW 35.61.020. On April 2, 2012, four people registered with the PDC as the Chuckanut Community Forest Steering Committee (CCF) to initiate a ballot measure to establish the MPD (see Form C1, Exhibit 1). CCF submitted a revised C1 to the PDC on June 6, 2012. Shortly thereafter, several distinct steps were taken by the originators to validate the issue for the ballot, all occurring prior to completing any SEPA Checklist or accomplishing any required SEPA review. On June 18, Daniel Remsen submitted a proposed petition (Exhibits 3A and 313) to County Auditor Adelstein for review and approval. The Auditor and County Prosecutor reviewed and approved same on July 3, 2012 (Exhibit 4). On October 2, 2012, Daniel Remsen submitted 118 petitions with 1,664 signatures to the Auditor for validation (Exhibit 5). The Auditor determined the petitions contained the sufficient number of valid signatures and certified the issue for the February 12, 2013 Special Election. The Auditor began the election process in December 2012 by requesting a ballot Explanatory Statement which was submitted by Daniel Remsen. The County Prosecutor reviewed and approved the Explanatory Statement for inclusion in the Official Voters Guide. The Auditor solicited a ballot PRO statement from CCF and a CON statement from me to publish in the Voter Guide. The PRO and CON statements with rebuttals were submitted to the Auditor by January 3, 2013. On January 7, 2013, the Auditor published the official Notice of the February 12 Special Election (Exhibit 6). On January 24, 2013, ballots (Exhibit 7) were mailed to approximately 7,946 registered voters in the proposed MPD boundaries. Ballots could be submitted the next day and on January 31, 2013, the Auditor's Office reported 1,254 ballots had been received. Ballot processing began January 25, 2013 and continues through February 25, 2013 per the deadlines in the Election Notice (see Exhibit 6). Al of the above actions occurred prior to completion of a valid SEPA checklist and any action by the SEPA Responsible Official. The checklist was signed by City Planner II Jacki Lynch on January 24, 2013. The SEPA Responsible Official issued the DNS on January 28, 2013. II. SEPA CHECKLIST IS INVALID As documented above, up to ten (10) specific pubic actions were completed prior to providing the most rudimentary SEPA Checklist or conducting any SEPA review. This is in direct violation of the requirement to perform SEPA"at the earliest possible point in the planning and decision -making process" (WAC 197-11-055). Many of these actions were published by the County Auditor in due course of conducting an election. Some were broadly reported by the Bellingham Herald, the local newspaper recognized as the news source of the general public record. Ballots were already in the hand of the 2 1 P a g e February 11, 2013 Comment Letter re DNS — SEPA2013-00002 decision -makers, the voters, when the Checklist was signed, and ballots had already been returned to the Auditor when the DNS was issued. SEPA is required to be performed to create a new MPD (WAC 197-11-310 and WAC 197-11-704(1)(b), RCW 43.21 C). In this case, the time to initiate and complete the required SEPA review had long past when the Checklist was published and the DNS was issued. The second fatal flaw is on Page 1 of the January 24, 2013 SEPA Checklist: "A. BACKGROUND 2. Name of Applicant Cily of Bellin ham" Formation of the MPD is a function of two very distinct groups — the 1,664 registered voters who petitioned to validate the issue for the ballot; and the 7,946 registered voters that are solely empowered to decide the issue. Mailing addresses for all are in the public record easily obtained by anyone from the County Auditor's Office. The City of Bellingham municipal corporation does not qualify for inclusion on either list. For the purpose of SEPA, the only valid "applicant" can be: Daniel Remsen, the originator of the petition; CCF Committee, as affiliated with Mr. Remsen; or Any of the 1,664 registered voters who signed the petition. These distinct and known individuals have applied to effect an election. The decision - makers are the 7,946 voters, a majority thereof. Per RCW 29A, the County Auditor is the administrator of the election process and compiles the election results. The election results are certified by the County Canvassing Board made up of the County Auditor, County Prosecutor and County Council President (RCW 29A,60.190). For the purpose of SEPA, the final certification of the Canvassing Board on February 26, 2013 is the "decision -making action! The City of Bellingham is not a valid party as an applicant or a reviewer to any step in the electoral process. If this statement is in error, please define the specific "application" for which the City is the applicant Please document the relevant section of the City code or administrative determination authorizing such application, if any. By substituting the City of Bellingham as the "Applicant', the petitioners' rights and obligations to act as the "Applicant" have been removed. I understand this was your decision per your December 11, 2012 email to Robyn du Pre of CCF: "4. Who is the applicant requesting SEPA review given there is no metropolitan park district yet? Since the metropolitan park district would cover a portion of the city, for this purpose the City of Bellingham is the applicant." 3 1 P a g e February 11, 2013 Comment Letter re DNS — SEPA2013-00002 This fatal flaw must be corrected and the proper Applicant designated to facilitate any valid SEPA actions. The third fatal flaw is on Page 1 of the January 24, 2013 SEPA Checklist: "A. BACKGROUND 3. Address and phone number of applicant and contact person: This response line is blank. There is no information identify anyone to respond to any question from a member of the public or an agency representative. Had any private applicant omitted this information, their Checklist would have been returned as incomplete. Yet, the subject Checklist was forwarded for review and was the basis for a DNS. This violates the basic requirement for complete information to enable the review (WAC 197-11-080). Please define how anyone reading the Checklist is informed sufficiently to know who to call regarding preparation of the Checklist signed on January 24, 2013, four days prior to issuance of the DNS. A fourth flaw in the SEPA process is the City requesting Lead Agency status for the review. I understand through a series of emails initiated by you, Whatcom County SEPA Responsible Official Tyler Schroeder on January 25, 2013 emailed his acknowledgement for the City to assume Lead Agency status. As defined above, the election process is totally independent from the City of Bellingham as the City has no advisory or decision making in the non -project action to form the MPD. The proper Lead Agency would be Whatcom County due to the election certification performed by the Whatcom County Canvassing Board (see above). III. COMMENTS ON CHECKLIST ELEMENTS Information provided in the Checklist is insufficient and incomplete to make a reasonable estimate of the potential environmental impact from formation of a new MPD. The little information provided includes prior environmental documents for an 82 acre site known as "Chuckanut Woods". However, the proposed MPD consists of about 6113 acres of south Bellingham, all within the City limits of Bellingham. There is no description of the geological or environmental features within this large area, nor is there any comparative analysis of how this proposal relates to those resources. Also absent is the relationship of the MPD to the Build Environment, both private and public ownership. The Checklist takes a presumptive approach that formation of the MPD relates only to one 82 acre site. This is incorrect. The formation of the MPD encompasses over 6113 acres constituted within a separate unit of government, totally independent from the City of Bellingham. The Growth Management Act (GMA) requires all units of government to be compliant, yet the Checklist is absent any significant discussion of the current City Comprehensive Plan and its relationship to a new MPD. The Checklist also lacks any description of how an MPD must conduct required studies so that its agency actions are 4 1 P a g e February 11, 2013 Comment Letter re DNS — SEPA2013-00002 compliant with the City's Comprehensive Plan and GMA. Minimally the City of Bellingham, as a responding agency, would detail these steps to remain compliant with GMA. Most telling is an absence of a discussion of the existing Parks Level of Service (LOS) in the City's Comprehensive Plan in relation to the proposed MPD. The City's LOS was the critical issue in the City's defense of the Comprehensive Plan before the Western Washington Growth Management Hearings Board. The final decision on that rase affirmed Bellingham's Comprehensive Plan is compliant with the GMA, but only after an additional analysis was performed to validate the Parks LOS. That factor is so significant that it should have been discussed in detail in this Checklist. However the analysis provided to date is incomplete. in a similar fashion, the discussion regarding the relationship of the MPD to the City's Transportation Policies and road system is inadequate. Per RCW 35.61.010 and RCW 35.61.130, an MPD can construct road systems or condemn private property for same. The Checklist is absent a discussion of how formation of the MPD would be compliant with the provisions of the City Comprehensive Plan Transportation Element or the Whatcom County Council of Government Coordinated Transportation Plan. Other items in the Checklist are lacking in detail or otherwise take a presumptive position relative only to the 82 acre site instead of the entire 6113 acre proposed MPD. These deficiencies occur in the following sections, and are too numerous to list herein: B. Environmental Elements. 1. Earth. 2. Air 3. Water. 4. Plants. 5. Animals 6. Energy and natural resources. 7. Environmental health. 8. Land and shoreline use. 9. Housing. 10. Aesthetics. 11. Light and glare. 12. Recreation. 13. Historic and cultural preservation. 14. Transportation. 15. Public services. 16. Utilities. Responses to our comments are anticipated to be along the lines of this is a phased review, or only the first step in forming the MPD. However, district formation is an important step requiring timely disclosure for all Bellingham residents. Formation of a new unit of government entirely within the City limits of Bellingham is dysfunctional with 5 1 P a g e February 11, 2013 Comment Letter re DNS — SEPA2013-00002 the mandates of Article I of the Bellingham City Charter. It also begs the question of why we have invested so much precious time and money to become (and remain) compliant with the GMA. These are not esoteric discussions, but rather real issues that require full documentation and disclosure for the decision -makers prior to performing their role. In this case, the disclosure did not occur by the real applicants (Daniel Remsen and the voters on the petition), the City usurped the applicants' rights by inserting itself, the SEPA process was not timely, and the voters began to make their decision prior to initiation of the SEPA process. I await your review and written response to the issues above. Sincerely, 64zv Bill Geyer, AICP President, Geyer & Associates, Inc. Cc: Peter Ruffato, City Attorney Kurt Nabbefeld, Senior Planner Jacki Lynch, AICP, Planner II 61 Page MV11-1101T 7 POUX aM`°dt'°"�` `°"`" "°" ill..." Lnarerhsts Political Committee DATE FILED PDC PUPP"MOK40M M Registration fssN'rsst,s� PC nazi - 5 2012 Me APR Can'aiM se Name (Ndude sponsw n oonv=" name. See nett pope *w dWWtIon of 'aporheor.' Stow entire olicial nerve. Do not uw abalnriaticns or aaa ne In this box.) A=tyrn: CCF Chuckanut Community Forest Steering Committee Tekphone (360) 715-W28 MaftAddrew 2203 22dd Street Fax City county tip +4 Bellingham Whatcom 98225 Email: chuckanutcommun%ftrest@gmal.com NEW OR AMENDED REGISTRATION? C.OfIMIfM E STATUS ® NEW. Complale antes lam. ❑ Contirwag (Ongoeg; not asubWied in anbcapabw of any pane" campaign election.) ❑ AMENDS previous FOWL Campble entire fan. ® 2012 electron year only. Oats of general or optical elactiwh:AUMMIL2012 MOM t. Wht is tha purpose ordasr ip" m of the c wrxn ttee7 1 ❑ Bona F kb PollOM Party CoMMI tee - amciw state or eounflr central conenittes or 18gks1zr v district cpnm Mee. If you are not supporting the entire parry ticket attach s list of Ih names of the candiaales you support ® Ballot Commkba -Initiative. Bond, Levy, Retell, etc. Name or desorpdan of besot measure: Be t Number FOR AGAINST ® ❑ unknown ❑ Od w PoINIal CosemtBee - PAC, caucus eommiffee, political club, etc. Mcomnilfee is nettled or aflirrated wtlh a business. asavaabon, union or aimiler entity. specify name: (nm ceatlnuirg CMmtttses): is v* committee suppMN or WPasinp (a) one or more cwK dahea7 0 Yet ®No *yam• static a zest ar esott carhdidaie's nsnhe krl6oe spkrgtd and potitiral Dadll afNia [ikon. (b) lh entire ticket of a pofrlital party? ❑ Yes ® No If yes. WM* One party: 2 Related or altiNated oonxnamea. List name, address and relationship. ❑ catYiom on awaw ewK 3. How much do you plan to spend during this entire election campagn, inks ai;ng the pwrwry and gwwW ete0ions7 Based on that est taste. choose one of the RIF 0 "n9 optlons below. (if your CommitlW atat a is c ontrivaQ, estimate spendrq on a canendar year bM4-) Ono box Is checked you areobligated to use Fug Reporting. Sea batruction manuals for Wannatbn about reports required and eheig" reponft oplfom. WM REPORTING ® FULL REPORTING Mini Reporbng is Selerted. No more man $5.000 wen W raised or speM f N rta mom Full Reporting is selected. The frequent seLL6ed campaign reports than SW In fha aggregate will be aaapted from arty one conurbuior mandated by taw will be filed as regnired. 4. Campaign wkrkK ads or mKus contacre Name and Address Telephone Robyn du Pre 2203 22nd Street, Bellingham (360 ) 7153828 5, Treesurees Name and Address. Does Nasurer perform l* mv"Wna1 fa cbwm% Yes _ No sea WAC 390-Q5-243 and Daytime Telephone Number next page for detaiis. LMA deputy tOOPMn on atfached Wmd on W;ad W.W. (360 ) 6767573 Joanne Peterson 922 KeyStreet, Belli ham, WA 98225 e. Parson who ptaform only rrhirhiaarid (unmans m bell of Out conunOae Edon bW*ff of rarhdidaiea or oOher PO beat cWrvnivaea List none, title, and address of 4aee persons. ❑ Caaiwsd 0n aaaard whoa. Sae WAC 3804DS U3 and rent VW far dadiI - 7. Gano*We Of cm and oOur persaa who andhatae ejqertWm or make decisions foroormmotle. LW name. title. 2W addrasa- See nod page for+ielVWW of'oflfoer' ❑ C**rww 0n - I - whet Robyn du Pre President, 2203 22nd street, Bellingham, WA 98225 Dan Remsen Vice President 2203 22nd street, Bellingham, WA e. Gwwgn Bank or 13"= ory Branch CRY Whatcom Educational Credit Union Holly Street Branch Belli ham 9. Canr<hwpn books must be open loft public by appantrnent between a a.ra and 6 p.m. durug the eight days before the election, etoept Sattrdays, Sundays, end Ispal fwldaya Yt the apace below, provide ebrdart inbrnhation Lou acthednYlrq an appoihtrrhrld and the sdtlrese where Ohs i nspacbm will take place. R is not atCaptable to provide a post olica box or an oul-gt-8re9 address. !beat Addms, Roan Pcwnbtr, C*j whwv carnpabgn boob vM be avaaablt for Yhtpec m Joanne Peterson, 922 Key Street, Bellingham, WA 98225 ti order d nub an mfrfaes the st ta+c a 360 767573 10. ETigr■ty b Wo b Pobical CaaaMHM and snot OfAce Candidaaas: A owrot Me l ice * that Ohs paeerrhtrk a thha mmpistt Mild ntoaive $10 or more each Oem ten Washington State rapis- Valera Ihelora and correct m to !rest of my knowledpe. CWft bL*V t0 a Wasltlnptoe State f COeajMM• AWi6o Q*. duriffg the six mbmhs Dide prior to maldnp a cmtibubon b a stage ofkce Cmubdam Yotx canal Ow must harm oortcmutiorls ofS10 or more each Dom at least tenWeshirgktrn State ElpSStrsed Rbre Trassurer's �f ?/�MI voiletwkwed ❑ A check there irOoMtas your &&Wwaass of and pledge to kximpry with nhese provm4n1 Abeence of a check mark meant your committee does not qualify b give to Washfrgton SWW cornmean =lAw slate W+'hce candidates. .ICG II�J I RW r Iv1�.7 vl� nrr�• r..vr PUBLIC DISCLOSURE COYI/ISSION 711 CAPITOL WAY RN 206 Political Committee Cl PC Po Box 40906 100467303 OLYNPIA WA 06504-00o6 Registration (360)753-111, (1f12) 7W I Fro a 1-077-001- Ufa 06-06-2012 Committee Name (Include sponsor in committee name. See next page for definition of "sponsor." Show entire official name. Do not use abbreviations or acronyms in this box) Acronym: CHUCKANUT COMMUNITY FOREST STEERING COMMITTEE Telephone: 3 6 0— 715 —3 8 2 8 Mailing Address 2203 22ND STREET IFax, City County Zip + 4 BELLINGHAM WHATCOY, 98225 E-mail: CHIM.'9ERA5@CO-M-CAST.NET NEW OR AMENDED REGISTRATION? COMMITTEE STATUS ® NEW. Complete entire form. ❑ Continuing (Ongoing; net established in anticipation of arty particular campaign election.) ❑ AMENDS previous report Complete entire form. ® 2023 election year only. Dale o1 general or special election: 11 / 0 5 2 013 {Year 1. What is the purpose or description of the committee? ❑ Bona Fide Political Party Committee - official state or county central committee or legislative district committee. If you are not supporting the entire party ticket, attach a list of the names of the candidates you support ® Ballot Committee - Initiative, Bond, Levy, Recall, etc. Name or description of ballot measure: Ballot Number FOR AGAINST METROPOLITAN PARK DISTRICT MEASURE ® ❑ ❑ Other Political Committee - PAC, caucus committee, political club, etc. If committee is related or affiliated with a business, association, union or similar entity, specify name: Fgj single eiectipn�=r only Comm (not continuing Committees): Is the committee supporting or opposing (a) one or more candidates? © Yes ❑ No It yes, attach a list of each candidate's name, office sought and political party affiliation. (b) the entire ticket of a political party? ❑ Yes ❑ No If yes, identify the party: 2. Related or affiliated committees. List name, address and relationship. ❑ Continued an attached shoot. 3. How much do you purr to spend during this entire election campaign, including the primary and general elections? Based on that estimate, choose one of the reporting options below. (If your committee status is continuing, esd mate spending on a calendar year basis.) If no box Is checked you are obligated to use Full Reporting. See Instruction manuals for Information about reports required and changing reporting options. r ❑ MINI REPORTING X❑ FULL REPORTING Mini Reporting is selected. No more than $5,000 will be raised or spent an no more Full Reporting is selected. The irequerlt. detailed campaign reports than $500 in the aggregate will be accepted from any one contributor. mandated by law will be filed as required. 4. Campaign Manager's or Media Contacts Name and Address Telephone Number: ROBYN DU PRE MS 360-715-3828 2203 22ND STREET, BELLINGHAM WA 98225 5. Treasurer's Name and Address. Does treasurer perform qnk ministerial functions? Yes _ No X . See WAC 390-05-243 and Daytime Telephone Number next agefordetails. List deputy treasurers on attached sheet [3 Continued an attached sheet 360-676-7573 JO'E C PETERSON MRS. 922 KEY STREET BELLINGHAM WA 98225 6. Persons who perform only ministerial functions on behalf of this committee and on behalf of candidates or other political committees. List name, title, and address of these persons. See WAC 390-05-243 and next page for details. ❑ CorArtued on attached sheel 7. Committee Officers and other persons who authorize expenditures or make decisions for committee. List name, title, and address. See next page for definition of "officer." ❑ Continued on attached sheet 8. Campaign Bank or Depository Branch City WHATCOM ED CU HOLLY STREET BELLINGHAM 9. Campaign books must be open to the public by appointment between 8 am. and 0 p.m. during the eight days before the election, except Saturdays, Sundays, and legal holidays. In the space below, provide contact inlormatien for srdteduting an appointment and the address where the inspection will take place. It is not acceptable to provide a post office box or an out -of -area address. Street Address, Room Number, City where campaign books will be avallabie for Inspection 922 KEY STREET, BELLINGHAM In order to make an appointment, contact the campaign at (telephone, fax, e-mail): ( 3 6 0 ) 6 7 6 — 7 5 7 3 CH IMAERA5 @ C OMCAS T . NET 10. Ellglblllty to Give to PoIM=l Committees and State Office Candidates: A committee 11. Signature and Certification. I certify that this statement is true, complete must receive $10 or more each from ten Washington State registered voters before and correct to the best of my knowledge. contributing to a Washington State political committee. Additionally. during the six months prior to making a contribution to a state office candidate your committee must have Committee Treasurses Signature Date received contributions of $10 or more each tram at least ten Washington State registered JOANNE C PETERSON MRS . 06-06-2012 voters. ❑ A check here indicates your awareness of and Pledge to comply with these provisions. Absence of a check mark means your committee does not qualify to give to Washington State political committees and/or state office candidates. EXHIBIT 3A Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 9MSA038 - -� 36a676-6740 360-738-4556 FAX 360-738-4555 TTY E-mail: auditor@co.whatcom.wa.us www.co.whatcom.wa.uslauditor 'R'44 1;0 V 1 RECEIPT FOR BALLOT TITLE Date: U0. i E5.1 Z Received From: an I zl 13em Sen r41A (Tittle) �D) qL1- L473 2 (Phone) 1�2irrt5enci � �ahc�y. Con-, (Email) Whatcom County Auditor's Office Election Division The Auditors Office, Election Division, acknowledges receipt of the Ballot Title for: ' raOL2se61 C,hucka MA Cntmun i d-r f FDreSf f°Gcrlc b15}n d [Pyr �•f ceYepLAy Audito . . Notification will be provided to proponents: LWolicies & ProceduresOectionsW_Other Processes109 Initiatives & PetilionsVnitiativeslFRM receipt for ballot Ude.aOC EXHIBIT 3B RECEIVED PETITION TO CREATE THE CHUCKANUT COMMUNITY FOREST PARKMSVO19T Whereas the Chwkaw Community Forest and a =uD&nginn area supports a dimity ofnch ecological hahitagl � space with impartaw edu=onal and community value, and ►NIiAICVM Cd1SHTY Wherms, pffmaoeot protection o£tbese lauds has additional benefits to the surrounding humto comwun ty mcttxting lArra m and cminlmiiy health, fimcboniug transportation Ser'rices, and aesthetc value, arul W6crew the city of Beningbam purchases 82 of these acres m 2011 using Greenrreys funds, Park impact Fens, and an rotes -fund loan of $3,23V01 that requires repw1mentto ensure this entire property is permaneatl protwxd for the beacfrf of current and farure gmmeralions; and Wkerew RCW 35.61.010 and 35.61.020, Sections l and 3, provide for creation ofa, metropolitan park district by the petition method and for boundaries of the park district as set forth in the petition; and Whereas RCW 35.61,050, Sections 1 and 2, provide that five elected commissioner positions may bedesigaated in the formation of a Park DLgn t; and Wie teas RCW 35.61110 permits a Metropolitan Park District to levy a property tax not to exceed seventy five cells per thousand and Whet earn a general tax an a l operty located in. said Park District notes exceed tw"-ci& cents per thousand of assessed value each year and not to exceed 10 years would be smffiCiem to pay aif£dx letter -find loam, assuming that a minimum of 90 percent of the levy is used to repay the City ofBelli ngham D3=-fond loan of$3,232,201, piers applicable iuteaest, and assuming that ao more than tau pCccat of the levy is be used by the commissiomm for administrative purposes and for swwardship of the Community Forest m cooperation with tttc City and commauty. NOW, THEREFORE 1 The Chuci=ul Community Forest Park District should be hereby created. The district boundaries gemerally would include all ofS*whwest Bellvbam west oflnterswe Five aad south of Wesmn Wnhingtoa University and spwiFcslly. would include an ofFmiWS 250, 251, 252, 256, 757, 258, 260. 261, 267, 263. 264 and 265 and the potion of M0 inet 259 west of Interstele Five. 0-he specific legal descriptions & Map ofthe proposedl]mul are primed on the bade ofthis pulbom) 2. Pmumint to RCW 35A1.050, the District's hoard of ouu misstoners shall be camposcd as follo►%s. five elected Park commissioners. 3. The petitienen eocoamp the Comity Auditor to place this meman on the baBd at the earliest possible opportunity. The following ballot mcwnre sboald be preaer W to the voters: ❑ "For the formation of a marapolkan perk district to be governed by five elected Park Commissioners,: ❑"Against the formation of a metropolitan park district" Warca}ag: E►rry P� who'*n tbio PKi ion with ally od.nr thin his w lim tape mr or wl.v lma ins sip" nory dmo OPe or tlrx pdiiiops, or ftm a pew m:kft u dection whey be or abe s hot ■ te0 voter a vgm a paddon w►ea he or she s eth.enrsc ttegaildrA eu silp, or who aoatrn heseis +my fake summot ahaa he gmary of a wiadeieanar. Petitiox to the voters of the proposed Chudranot Community Forest Park District To Debbie AdeWxia,Auditor of Whatcom Conch= we, tie wdasatped eleicets and lapel raters die proposed Ckbamrr Cq.oa+a#y Forest Purr Dbttiet, rrpectfamy direct that the pecpcned wsemm know a the Ckackaeat Colw=smfty Forest Park Finn-;M a tree and correct cWY of rtt kb is prim" kweoe. shall he tabmHtm to Ne lust voten of the propased Pw*DkWM and eaeh of as as sigema state I have persouDy WVed thb petiion, I an a legal voter wdhs the boandaries ortbe proposed D'etrid rill nq Wren is corm ft Hued on dib Residsoe Address, Petitioner's Signature Prtut name 10t POSiliVe Street and Na aber (ir 'L' malt crf (Kip in imk) Identifrealion any) is Bellfilrgbam Zap Date avaBable) Legal description of the boundaries of the Chuckanut Community Forest Park District Beginning at the ittesseam of the extended sboreline o£Scilinghmn Bay being the city limits of the City of Bellingham and the cenwrline of the cxoeasson of Olive Street; tb= southeasterly along said centerline of the paeasmit of Olive Strew and Olive Street to the intersection of the cen=hnes of Olive Street and Garden Street; then nanhrastez ip along the omvrrume of S Garden Street to the centerline of 17th Street; Then southerly along said amerlize of l7th Street to its interswdon with the cenedine of S Garden Terrucr; Thm northeUWly along said centerline of S Garden Terrace to its imems ction with the uxaterEue of the e)acusion of Consolidation Avenue; then east along said centerline of the extension of Consolidation Avenue to its intetsee ion Wish the ceateriiuc of Highland Drive; Them soutltrrty along said owwrline of Highland Drive to its iaterxciion With the ceateriine of W Gca lege Way; Then soWhalsbmiy and eastmiy along said oeoudine of W Collage Way and its eoptmuatiun as E College way to its iIIhseetion With the ecatcdine ofthe extension of 25th 'treed then south along said extension of7Stit Street and 25th Snl= to its intersection with the centerline of Bill McDonald Parkway; then west along said centerline of Bill McDonald Parkway to its irmerseclion with the =aerline of the mftnsion of 23rd Sheet; then south along said centaiine of the extension of 23rd Street and 23rd Street to its Wwrsecti oa with the omtcrline of bough Avenue; then easz along said centerline of Douglas Avenue w 5 th Strut; rhea north along saki octM!rlinz of 30th Street to its intusection with the acnmdine of Taylor Avenue; then east alaug said centedine ofTaylor Avenue to its ixuxredon with tbs cemerlme of Interstate 5; Then southerly and saudsastrziy along said omwAine of latarstate 5 to its intets=doa With the city limits of the City of BeWmghVq; then west miy along said City limits and around Clerks point W iorrrsxt with the outer harbor line thence northerly to the point of begu ring. Map of the boundaries of the Chuckanut Community Forest Park District EXHIBIT 4 Whatcom County" ���� Debbie Adelstein '�~" Auditor's Office =" County Auditor Whatcorn County Courthouse f 311 Grand Avenue, Suite 103 Bellingham, WA 98225-43.38 Phone: (360) 676-6740 Fax: (360) 738.4556 Emwk auditcr@pm.whatcomma-us Internet: www.whatconnunty.uslauditor MAILED VIA EMAIL ON July 3, 2012 July 3, 2012 Dan Remsen remsend@yahoo.com RE: Petition to Form Chuckanut Community Forest Park District Dear Mr. Remsen: My office and the Prosecuting Attorney have reviewed the petition you have submitted and with the corrections to the legal description find it meets the requirements. You may proceed to collect signatures on your petition. Pursuant to RCW 35.61.020 in order to validate your petition, you will need to submit at least 1,111 signatures of registered voters residing in the area to be included within the proposed district. If you have any questions, please feel free to contact my office. Sincerely, 6: 4 � �' I /Z' /-'� Debbie Adelstein County Auditor Lkensing P.ecarding Elections AdministratiwulntemalAudit TTY Licensing&o.whatcomma.us Recordh9&o.whatcomma.us Eledions@co.whatc=.wa.us Audbr&o.whatcom.wa.us 36M76.6740 360-6676-b740 360-676.6742 360-676.6740 360-7384555 EXHIBIT 5 Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 982254186 360-676-6740 360.738.4556 FAX 360-738-4555 TTY auditor&o.whatcom.wa.us www.whatcom.wa.ustauditor PETITION RECEIPT OCT 01. 2012 Date Received: Whatcom County Auditor's Office Election Division Received From: rmzaf el Re.mS2./7 Name of Submitter &uLc, kA,w f i�YY1 rY1l cat c �Cr� 5 t m P� Name of organization _ aao3 "nc�- Address Phone Email Petition Name: %_XbU_:1LLLf,11-e4 177W?l /1 T number of pages submitted we 7' approximate number of signatures received The Auditor's Office, Election Division, ackna edges receipt of the above - named named Initiative Petition. L4b1z2Z__, Depult Auditor 1:10011cies & ProcedureMElections106_0ther Processes101_Initiafives & Petitions\General Petitions\FRM RECEIPT for Petition.DOC EXHIBIT 6 Whatcom County ��_'"' �G ��' Debbie Adelstein Auditor's Office County Auditor Whatcom County Courthouse Diana Bradrick 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 �H Chief Deputy Auditor Phone: (360) 676-6740 Fax: (360) 7384556 Email: auditor@co.whatcom.wa.us Internet: www.whatcomcounty.us/audkor Notice of February 12, 2013 Special Election The last date to register online, through the mail, and to transfer or update an existing registration is Monday, January 14"'. Voters not currently registered in Washington can register in person until 4:30 p.m., Monday, February 41h at the Whatcom County Auditor's Office, 311 Grand Ave., Suite 103, Bellingham, WA. The election will be conducted entirely by mail and ballots will be mailed to all registered voters within precincts 250, 251, 252, 256, 257, 258, 260, 261, 262, 263, 264, and 265, and the portion of Precinct 259 west of Interstate 5, all within the City of Bellingham, at their mailing address on record. Ballots will also be mailed to registered voters in Concrete School District No. 11. Voters requiring assistance: Election ballots, registration forms, voting assistance for elderly and disabled persons, and other election and voter registration information are available at the Whatcom County Auditor's Office or you may call (360) 676-6742 or TTY (360) 738-4555. The February 12 ballot will include: Proposition No. 1 Formation of Chuckanut Community Forest Park District Chuckanut Community Forest Park District Commissioner Positions 1, 2, 3, 4, 5 Concrete School District No.11 Proposition No. 1 Replacement Educational Programs and Operations Levy The Canvassing Board of Whatcom County will hold open public meetings for the February 12, 2013 Special Election on the dates and times listed below in the Whatcom County Courthouse, 311 Grand Ave, Bellingham. For exact meeting times and locations call (360) 676-6742 or TTY (360) 738-4555. Jan. 22, 2013 9:00 a.m. Logic & Accuracy Test of the AVUs (Accessible Voting Units) Jan. 25 - Feb. 25, 2013 Processing of Ballots 8:30 a.m. — 4:30 p.m. Feb. 7, 2013 2:00 p.m. Logic $ Accuracy Test of the 400C Optical Scan Readers Feb. 21, 2013 2:00 p.m. Canvassing Board Meeting/Signature Reviews Feb. 26, 2013 3:00 p.m. Canvassing Board Meeting/Certification of Election Dated this 3`d day of January 2013. Debbie Adelstein, Whatcom County Auditor and Ex-officio Supervisor of Elections Publish: January 7, 2013 Licensing Recording Elections AdminisbatioMMemal Audit Try Ucensing&o.whalmmma.us Reoo;d,*g@w.whatcwn.wa.us EM*as@oo.what=n.wa.us Auditor@cowhabni ma.us 360-676-6740 360.676-6740 360-676-6742 360-676-6740 360-738-1555 Sample Ballot EXHIBIT 7 Whatcom County, Washington Special Election - February 12, 2013 To Vote: Use either blue or black ink. Do not use a felt tip pen or penal. Conned the Head and Tail of the arrow that points to your choice with a Single Line as shown. To Correct A Mistake: Draw a line through the incorrect choice like this: lei4peve You then have the option of making another choice if you wish. Write -In: To vote for a person not on the ballot, conned the anew and write in the name of the person on the line provided. In any race you choose to vote, vote for only one candidate. Formation of Chuckanut Community Forest Park district Special Election — Proposition No. 1 Formation of Chuckanut Community Forest Park District Shall the Chuckanut Community Forest Park District with boundaries encompassing Precincts 250, 251, 252, 256, 257, 258, 260, 261, 262, 263, 264, 265, and the portion of Precinct 259 west of Interstate 5, all within the City of Bellingham, be created? YES NO Chuckanut Community Forest Park DisMct Commissioner Position 1 Nonpartisan Vote For One Cathy McKenzie Patricia Montgomery Write-in Commissioner Position 2 Nonpartisan Vote For One John Hymas Daniel Remsen Write -In y 00 y ON No Commissioner Position 3 Nonpartisan Vote For One Susan Kaun Jan Brown Write -In Commissioner Position 4 Nonpartisan Vote For One Vincute (Vince) Biciunas Write4n Commissioner Position 5 Nonpartisan Vote For One John Brown Anna Williams Write -In The election of park commissioners shall be null and void if the park district is not created. Only those voters within the propa Chuckanut Forest Park District or, Concrete School District will recen ballot for this election. Sample Ballot " ON N ON " � y sed he e a C, PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT 21$ Lottle Street. Bellingham, WA 98225 Telephone: (0) 778.83i3Q Fax: (36t3) 77$-8302 TTY_ (380) 778-83$2 SEP2013-00002 Ist-II N�Determination of Non-Significance(DNS) Date of Issuance of Threshold Determine .m January28, 2013 Description of Proposal: Formation of a Metropolitan Park District, dependent upon: the results of an election on: February 12,, 2013. This is a noes -project action and a phased environmental review. It evaluates the impacts of approval and creation of a Metropolitan Park District in southwest Bellingham. Site development (such as trails, parking areas, and/or public buildings) is not evaluated. This District may be used to create a public revenue stream to repay purchase of part of an area variously known as "The Hundred -Acre Wood", "Chuckanut Ridge", "Fairhaven Highlands", and 'The Chuckanut Community Forest" (CCf). Additional SEPA review may be required for development in or near the W.F. Project. Location This District's area generally includes the southwest ccgner of the City of Bellingham west of Interstate 6 and sow of Western Washingtoo University, See the attached map for the exact boundary of the Metropolitan Park District. Proponent: City of Bellingham, Planning and Community Developrnent'Departrnent (PeDD), Lead Agency: City of Bellingham, Planning and:Commtunity Development Deparkcnent (PCOD): Environmental Information Considered: EnVironmentW Checklist. The lead agency for this proposal has determined that the project does not have a probable adverse impact on the environment. An env=ronmentai impact statement is not required sander RCW 43.21.C.030(2) c. This decision was made after review of a completed environmental checklist on ffie with the lead agency_ This information is available to the public, on request This DNS is issued under WAC 1:97-11-340(2)a- v.; he lead agency will not act on this proposal for 14 days from the date of issuance. Anyone wishing to comment on this threshold determination is invited to submit written comment(s) to the: PCDD by 5:00 pm on February 11, 2013. Responsible Official: Jeff Thomas, Director Planning and Community Development Department 210 Lottie ellingham, WA 98225 signature OT staff Contact: Jaccuelyr� Lynch, Pl ner Planning and Community Development Department 210 Loge Street, Bellingham, WA 98225 (360) 778-8350 or email. jiynch@cob.org Appeal rights: Pursuant to BMC 16.20.240(D), there is no administrative appeal of this :en. determination. An appeal to the Growth Management, Hearings Board'shall be of the governmental action together with its:accornpanying environmental deterthination as required by RCW 4121C.076(2)(a) and RON 36.7QA-280 (1)(a). The City of BeWinghem seeks to:cornplywith the American DisaNdifies Act. if you have special reeds: please call (360) 77M8 00 (voice) or (360)576-6883 (TDD). ENVIRONMENTAL CHECKLIST X BACKGROUND. - Name:of proposed project; if applicable: The FgLmatior of a Metropolitan Park District. 2013. 2. Name of applicaf3t: C�elElncyt�am 3. Address and phane nuir ber of -applicant and contact person, __....._, 4. Date checklist preparers: January 23.2013. 51 Ag of y reguestird dhOe eiiat: City of Bellincham. 6. Proposed iminn OF schedute.(InciJ idingphasing; `appli�#iEe): FgbLtJary_'€2� s}€#��_-- �cia€ Bender:. 7. Do you have any plans for fuwre additiitris, expansirin; or further :�eWity:related to or connected wilt this. Proposal? if yes; explam'. See below; B: List any environmental information you know about. that has been prepared, or wilt be prepared, directly related-tn.triis proposal. Fairhaven NF hiands Draft Environmental Ern acl S€a ement QEIQ S 'tentw2dit9. 9. Do you know whethat application: am per:ttir:g for governmental approvais of other proposals. directly affecting the property covered by ►roue' proposal? if yes,.explaln. None knayr.. 10. i.;st any government approvals or permits.thal will: be beieded1br your proposal:: if known, l_;mAed-Area. voter approval o$ this Park District. .. 11' Give brief, com- plei te:.description of your proposal. includi% the proposed uses and the size of the:prc ject acid site. There are sL+veral questions later irti this checkiist that ask you to describe certa,m aspects of your propos�:l. You da not, need to repeat those answe-m on Ns page. (Lead agencies may rnndi y.this form to. indude addifional specift information an project descnplion.) Formation of a'metr000€itaii narks district. dependent uoon the resulls.o€ ar: election on February 12, 2013. This is a phased environrrtentat review. it evgguates the icrt gct.s f^ Public development of this. site tsu& as traces-.garit3n�, reas�andlor KNOW buildings) is not eva uated. This DisMct may be used to Create a public revenue stream to.regay purchase of part of an area variously knn,,vn as "The H rtdred Acre.Wood "Qhuckant:t Rrd e`. "FMrhaven Hi hiand " and Mie ChuckanutComm«nil Forest" fCCF?. Addiitiorsa€ SEFA review may he required for development in or near the CCF. F2. o.cation of the proposal. Give sufficient information for a: parson to understan.0 the prec.se location of your proposed prpject, ip lEtding:a:street:adctress, if any, and. sect Qn; township, and range, i# knaWn, if a proposal would occur .over a rartcge of area, prUvide the range or boundaries of the s; eja), Provide:a legal description. site plan, vicinity map. -and topographic map, if reasonably availzble. While, you shoed submit any: plans required by the agency, you are not required to duplicate reaps or detailed plans subaii Jed With any perinit appliaelions related to: this checklist. The Metro clitart Par ' Qist ic; s area gefIgg& includes M tltywest carrier of the t"a .of Bellin ham ,A-est o; interstate Sand south oflAfestern Washin .ors gniversi y. B, ENVIRONMENTAL ELEMENTS 1: tail ; . General descriptl& a# the:site (circle fine):: Flat, rolling, h lly, steep slopes, mountainbus, o'har....... This arm l.2dut3es jp variet►r of siorre^�w b. What is: the sieepest slci pe on the siie .(ap? fib°ra. c. 1,01hat c3erseral types.Od soils are. foLmd an the site#or example, .day, sand, gravel, peat, mucky? Wyou. know.the classikation of agricultural soils, specify thern an(i. note any prime farmland. A wide vari t ofsoft are found in $outr sues+ Ste*;Hn harts. includim all of the above. d. Are there surface indications. or Nstory of L'O Stable soils in the. immediale vioioi'y? If sip,. describe. Some readily erasa fe. landslide.�arsd seismic twzard soils in th s_area. e. Describe the -purpose, typQ.j and apjirbximate..cuan it€es of any li 40C) or grading pmQPused. indi :.ate sduree;of fill. None articivated. f. Could erosions occur as a result of rlearinq, constriction, or use? if :so, generai;.y describ,. sbofficant cfarinci. construction. or land disturbance anticipaW; Aboik what percent df the site iA411 be hovered with impe kouls surfacesMe.r project Construction: (for ex rr:p•.e, ,as,phali or buildings)? No consfrociicn antjOpated. h. Proposed rneasures to reduces ar conVol erosion; or dtber impacts to:tFe.aarth, if any :Fo€€i. all %eater quality grotection retirements. a. V trot types of en:issioPs to the air �vou€d result frem :the proposaf (i:e., dUstt automotslie., odors., industr at wood -smoke.) during construction and when the:prcjeyt is completed? If a: generally: descri!3-e-and give approximate guanfi.ies if icr Am. None ant€ci � ert_ b. Are there -any -off=site source's of ernissions or, odor that niay affect yourproposai? if so; generally t be. None known. c_ Proposed measures to reduce or control emissions or other impacts: to air; if any: None ant�ted. 3, Mister a. Surface: 1) Is there any surface water body o:) Or its the immediate vicinity of the site (including yeas round anal seasonal stre�;ms, sa€twater,.lakes. ponds, wetlands)? If yes, describe type arse: provide names. If appropriate, state what steam or river is Rows into. Yes This are. - includes the Padden ar.d. ChsLgki fwsi it seek drx�sin4t�es w�Elirs arse Ci€v of �e1#ir7 i��r d seuonda 1 drai;1age5 t f3 I i9piiam 3ey and whatcoom [,reek. 2) 11I the project; require any Work over, in; or aujacent to (%Mthi!7 200 feet) the described raters? tf yes, please desciiGe arlc attach available plans. None ai7ticipcd. 31 Estimate.lbe arnounl o' fi€I aril dredges material That rrrou':d l p€ate €n of rPsnrr�fec! from surface water or wet4 ands and indicate the. -area of #* site .that WmW be affected. AvOcate the suur:e of fill -material. None. 4)'VVJR the prop.Osal require :surface water withdrawals ordiueisioris? Give getserA -tdeschprw, purer, and appioxsnlate quaq ities If known_ .dune, z 5) Does the:proposa.: ie within a 'l.P`J-year €lood3 plain,? tf so,:note. location on the site gla'a. Port irxss of this area are within floodvlains. 6) Does the propasal involve: any+ discharges of Waste materials to surface Viatets? if sa; describe the type of waste andzintietpated Volume of disc large. None anticipated. b. Ground:: I3 /'Jill ground of wili water:be 6scharged U ground v+ ater? Give.: general description; pufpcse; and approximate: quantities 1€tnowm, None anticipated. 2) Describe waste material that will be discharged into the ground from septic taift or otht sources., 9 stay {for example: Oci estic:sewage: industrial, containi;tg'.tt*J6ttGWing chc4mir_ agriru4iurel; eir,3: Describe the:generai size of the systern, she number of such syster the number:of houses to be served cif applicab> ),:or the huimber cf animais cr humans tht- system (s) are -expected to: serve.. Nine anticianted. c, Water ran.dff (Including.stprmwaier): 1) Dsscribe the source d runoff (mdu6n9 storm waver) and method of cotlect m) and &sposal, if any (include quantities. If, tSnown). Where will this water flow? MA this crater flo, into other waters? if so, describe. Source: Rab ater. QraiDage is into the.creek ys:em and Bellirmham Bay,�d scussed bove. 2) Cauld %Sstee rrtaterials en & ground or surface waters? if so, gendrallj describe. tune ar►tiotpated. d. Prpposed mersgrees to reduce or control sur€vlpe, ground, and runoff water impacts:: if any: No irrt Cts-aneicipa°ed. no nagasureas proposed at Ulis tifne. 4. Plants a. Check or circle types of vegetatipn found an the: Fle: See.Fairbaven Hianlands QQS_ for : Site! FC,2lansS_t_. x— Deciduous trea: Alder. maple, aspen, other X Evergreen tree_ Fir. cedar. t tine. other X-- Shrubs X— Grass -- Pasture Crab —Or elr81A x-- VVet soft Plants: Galaii. buftercup, bullrush. sLunk.cabba a othw X-_ Water Plants: Water MY, ee€arass._mittuil,_aiher --- athe. Wes of vegetation; b. What kod and amount of vegetation vstill be removed or altered? None antjp aced. c. l_"isHiteatened or endAneted socittes known to be:bn or near tl~e site. There are no knm end-rnmred U':ants in €his.aree. e. Proposed landscaping; use of native .plants. or a :sr.measume-s to preserve oreciiance vegetation oil the site, if any, $lQrYs:: pr¢i�i,'$@' illy turne, 5. Animals a. Circle any birds a e.been sb�erved on or nee., Ahe site or are k.nQwn i be on or pear-t e site: See Fairhave; H" lands ©EIS. fora list of animal in tiR vicinity. 3 Mr,ds; Hawki t-eron, eagit� 4ongbirds., other: ............ MamrrWs: Deer, be*. 61k, beavor, .othe,r .... > ..-.. Fish. Bass, :sal rnim trout,. her6n9, she fish, trtl'ler:..:...:. _... . b List aM threatened -or endarWxed species known 1d.be:on or near: the site. As Rer the State of lNlashir on's Fish and 'vYiidAweb site. threatemd endangered— and sensithve speder, in and near WE ar a irrci d : P i n •e A�:#c PerE rid Si7r n: i7 a ass Arab Pacific herring. Blue Herten. Tow ser4's Brown Land S@t. -IabSeW. Bald . Surf Smelt.Coast Residt� Cutthroat, Chinook Salmon. Steeftad Trout Co'no-Salmon and Churn Salmon, See atvv the Fainhave N ghlar:ds DEIS's Table B-3, C, lS:the sit8:per i of:a migratIon ror�tc? if �a, ezplain. Yr s. 5aimoriid F_a le h$ lftifest i �'at 1=ivv,�ay. d. Ptoposed measures. to preserve or: enhance ,*Wdlife, if :any:: None oraoused �. Enemy and:naturat resources -a.: What kiods.of-e-nergy (efectric, natural gas; oil: wood stove -Li solar) uAlt be ased *to: meet th compietett proier, senercly-needs? €3esdrlhe Whether it wiil. be used fat heat4rrg, manirfacta)ring; etc. Noneproposed al NS titre. b. Would ya6r prr*t affect the peter-tial use of solarenergy:byad.jacent prowties? fso, generally describe. r inknotivrr_ Continged tree gMwth l l y—C11at;'tPmate pra2e�T�► c. Nliat i�irsds of:es�erj� c4nservaf'scii.�.featarss are..:ir:cii�ci�ii ir�.t�e.pians of ctiia_prt��osei?. t.i: other proposer, rneasurces .to reduce.or control if any: Norte ❑rtraose at this'trnie. 7. Errvircnmentat health a: Rre fi- ie:at-jr errvironrY,entsi heatih: azarcis, i icEudirtg exppsure to toxic then rirels;:risk c fire and explosion, spill, of lhazardtous'%�esle; that could. occur'as .arestnil of this proposai? If so, 4eascribe: None ars "ci aZted at this tiMe:: 9:) -Deswribe. special. ernergendy: servipes,ftiat igE t be required_ Nrs_t A time(N Z).Proposed measures, tc`reduce or control environmental healtl} hazards, if:ahy:: None promsed at this ti:-ne. b_ Moise- 'i)"°N110t typ" of noise:emst in:the arm wMah mayai#ect your prgject (kir example: traffic equipment. operation_. 6therj? ft WMIane. 2)'J hat tyi}es and levels of noise ;+,rcaufd,be created: by of assoc:ialed Mth the prbject tan t shot#-teritl or a iorig,:tetr#r basis:(forsza plc .#raffrc,:corrs#ruciiori, operation:; other)7 Indicate t,;jhathours noisy woutri come r"rom the site:__ done bropg5 at ibis clang. {) Proposer measures to reduce contrpl noise impacts, if any: -None_pso�ased at:this tine: 8. Land and shoreline use a. What is ttke current Use of the site and adjareni.properties? The ama is oars€ally, dev- €glib A0recdptztiat cornren;iai, nubiic, and inslusirial. rrr:ilrlirags- a street grid and se._ _Erai `1 vaft and trails. b. Has the :site bean used 4oT agricu tune? It so, describe. Lo(mJ;nc'and_small CroA farMn, iorcharding n H&a Valley. c: Describe apy sbructures on the:si e. Residential. Commercial, nEkstrial. go Ptttliic. d. NIA e. W6at:is: ,- :ciirrent zoriir)g dassif€gOion of the site? Th;s area includes a v�_tde rarge of zanin c=.assilkafions. residential. commerciaL industrial.. and= tab€ic. f What is the current c:r mpr". rsive plant desVation of: the site?` T ils area includes a Vidt -rancie of m a reherisive mart classifications. resideritW. commercial.. industrial, and 161ic- c, if applicable, What is the cur.ma s# oreline master. program designation:of the site? Nature. Catrservart . Rural. arld Urban h, Has -any par' of the site. teen classified as ar "envtronmext ally sentsitiW area? If so, specify. Yes. Wet%arrds Stuep Slo s Ri anil"lood lain, and Goal Mining, i. Approximately howproject? NA j. Approximateiy. .how manly people wo0dthe coumpleted :proj% N.A. k. :Proposed rneasi ores to avoid 4 reduce displacerne� imj)oc s; If aq; NIA Proposed measures to ensure the `pfaposal :is compatible vAth existing and projected land uses anti }Mans.. if any. P o osa€ tivili be coM atible with exisfing and 2LOject land o,'e! att�3. 9' Housing a. Approxirr:a ely how many units wouid be pmvided, if;any? lndica±e .whether. high, middle, f low-income housing. IWA h. Approximateiv liow rtiany ur�ts, if ar3y.1^»ld be eliritinat6d? indirat6 whetf er high, middle or -low-income come hopsing. N!A. C. Proposed r easures to reduce or cotitrul housing impacts:, if any None Proposed. 10. Aesthefics a. What is thfo taiiest heigN of any proposed structure{si, not including antennas- what is the pnnelpai e.x4erior building rnater al(s) proposed? NiA b. What Views: in the F?;trr9£Etiic' a vJ50hiEvowduld be a1;ered brobstructed? Ng proWsed. c. Proposed measures to reduce or c bz 01 aesthetic inanacts; ii zany. Aesthetic imp ris�l Drotaosetf_at. tMS time. RI I I . Light and glare a. What type. of NN or glare: %W111ae Oraposal o-uE'vc.e? That tinge Of(.JaY:vV tid' El:mamly. occur? None mnami�IIIS fi�me_ b. Could Ilght.er glare-frorri the f€nisi ed project be a.safe€y hazard'or.intErieie:with views? N.: c. What exis.�irag rsft-sife stxErces:of iight:or:glare may affect your proposal? Norie, di Proposed rneasures to reduce of contrpf liii fht avid glare irnpacts, i any'. horse sed a this time. 12. :Recreation a. What designated anO 1d6nnal rec;reatiottal oppodunities are in the:immediate vicinity Ti-.. area irscladesseverV trail aystems and parks. Informal recreatiomis_avai€able throughout:#he area on undeyelomd parcels. b: VV&—id. the:.Pmposed project displace ar y existing recreational cases?-lfsos .4escribe: anticiaatipd. c. Proposed inieasures In reduce arcontroi imparts. orl: recreatibrs: inci.cioing:recreation opportunities to be provided .by Jhe:proJJect:or applicant, if any: Approva€ of f its Metropolitan Park District. 13. Historic: and cultural preservatlon a, Are :lucre any places or objects listed on. or proposed lot, national, :state, or local Preservation registers knmr. to be on or next to the site? If so.. generally describe. There are several H€Stong Reciister buildings. and hD Natianal ReaisLer Historic Districts in this area: There are also sat -s with ider0sad m rural artifacts. It. Generally describe any landmarks or evidence psi historic, archaeotocjical, scientific, or cultUrai impor a:3r..e known to be on or next. to the. site. See above. Several €rider sin ?� " & homes th .area. Mg be eligible for historic fish c. Proposed nieasurei s tosedlice or C-0trol ihipaets; i..f a r: NIA_ 14. Transportation al Iden lfy public streets and highways sawing the site~ and describe! proposed access o U,e existingstreet system. ahpw an site plans; if any. This large area is bound by to.the east. Arterials include Clxc€canut DrlveJIP.fF:nnegarj l"I S: Statelf oulevard, Harris Avertue..Sarnislt.Way, 32'r�Street. Bill McDofiald Parkway. .and Old .Fakhayen Rar':cway. b, is site currentty:served:by public lransV €f clot. what is the approximate d€s3i3rtce to the nearest -tear it stop? Yes. Several trarxs=.t lines serve this .area. Cb6akc &rsui Iila:ir}€al_r3_is approximately I mile from, a.bLis line. C. Hovamanv barkft spaces +na6ld the c&f4eted broject haw? Hate irm yawduld Ibe prolea.,elitninste? MA. Will the proposal require arty, riew roads.or streets, or improvements to-e*ik ltng-romds c streets, ml iroluding (idveways.? Il spa,:general(yoe�ci=be (iridipate:w�srt�r Public pri:�atEr): None roogsed a- this time. 0 e, Wi I the Orb . bi I jecl use: (or. oL--u.r M the imm6&ite v icit hity qf)�vvateie. rail. or �aj r1tairisborta a if gpnarally dese-tibe. No. f. I.-fow many Vehicular trips per.day would be -generated by he completed project? if known, indicate v0ien oeak volumes would :occur. NLA 9, Propo' s'e' d measures to reduce or control transportation -impacts, if anr. Nonepropomet a0his'*', 15; Public S'ervice''s a. Would the project result in an increased need fdr !)ubbc seroces (for. ffxarnifile: Fire protection, Police protectiori, heaffil cerqi: schools, other)? ff so.: generally des-cribe.. Not anticipated: b. Proposer6mea-Aifes to rK-dtxz or,cpqnlrol. direw4aiopc % <art:liE;blse canlices. if.any. None proposedal this1irne. a. ciede.ut!lives.curr e*n'lly" ay.ailable At: the site: Electricity, r-;Mural gran, water,:refuse ser-Ace, telephone, saMafy sewer, sep"tic.systern, Other. Most public 111ilities are availaNe tbEgggh6of ihi exce t to iaLger areas of undeveloped lw�ds, such as ChLw*anut _q Mountain. b- Describe the. ufflifies ViAt are proposed for lbepftiject! the utIM4 proVidftiq th6 seNice, and t gpneral:construction activities on ft site of in the imyr.6diate vicinity Which mightbe, needed: .None pmg edat-1hislime. C. :SIGNAT.URE�. The a. b o-ve -answers . a . re:, I tru . e and comp . I . ete to t€ e. nest of -ny knoMedge. I understand that the agency is telOng or., ltieio to make its decision. xi Signature'. Date Submitted 1J, D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS How, would the proposal be Wkely to increase discharge to water- emissiqns to air; productic storage. or release of toxic or.h-azard.ous substances.; of pr6duction of noise? Not :Proposed measures to avoid or reducasuch increases ate, NIA How would the pidposal be likely to affectplaritq; arrimals, fish, or nor rite life'? This is ar h'aM'.&on!y. Ef fects to life fp&as are not anticipated. Proposed measures to protector conserve: plants.,: animals, fish; or marme life: are, Not L 3; Howwould the: proposal be liki*:ta deplete energy or natural res, urces? Not antidD -zd 0 1*7 Proposed rneasures'to protector conserve onerg1,! and natural reSLi�;�re: :�1t3t.�iD37DSQ_ 4. 4aw %vou.d the proposai bi likely to use:or affect environmenta4y sensitive areas or areas designated (or eligiible ar' Un SEE'sludy) for goverE m6ntal prot£ction .such a!§pa iCs,: wilderness. t+vHd nd scentic rWem.:fteate ' :.or "a Vered species`hebi€at; hiso c or dultiiral sites. Wetlands, flood: plaim. or prirne i`armlanft? This is an administrative el:anr�e OIL Ef-feets to sensitive areas aresat anb6 ated_ PFopospd' rieasures to protect $arch resources or to avoid or reduce iMapact5 are. Impacts� aol ar-€crated. `s. How would the. proposal he Nicely to affeAct: and. and shovel rte use, inclbding vArl%ether it iwoul allow or:e:�c=rag�e Wid-or sh rel'•�e raises' r�con-pa6ble. uft.h. kistip plans? Chang a Id land and sl reline trsa are not anti .i ated under this ro Qsat. Proposeid rr*murex to avoid: or reduce shoreline and taod use. i{npacfs. are. TSucn jmgacls g not arificj6ated. 6. How Would the .propos6l be likely to increase demands an transportation ae powic.servicos and t,filities? Not anticipated. Proposed trFeasures to reduce or respond to such demands) are: Such irnpaots are net ar�ticir�ated. Ider;tlfy, if' possible, whether the propose! may conflic! with local, state, Or, federal laws or requirements for the protection of ii'=.e ern+ironment..None known. No WHA_20130212_E February 12, 2013 Summary Report Whatcom OFFICIAL RESULTS Registration & Turnout 8,062 Voters Mail Ballot Turnout 3,794 47.06% AVC Edge Turnout 0 0.00% Total... 3,794 47.06% Formation of Chuckanut Community Forest Park Dist 13/13 100.00% Under Votes: 59 Over Votes: 0 YES 1,925 51.73% NO 1,796 48.27% Total ... 3,721 100.00% Chuckanut Forest Park District Commissioner 1 13/13 100.00% Under Votes: 1732 Over Votes: 0 NP - Cathy McKenzie 1,674 81.74% NP - Patricia Montgomery 311 15.19% Write -In 63 3.08% Total ... 2,048 100.00% Chuckanut Forest Park District Commissioner 2 13/13 100.00% Under Votes: 1794 Over Votes: 2 NP - John Hymas 1,024 51.61% NP - Daniel Remsen 894 45.06% Write -In 66 3.33% Total ... 1,984 100.00% Chuckanut Forest Park District Commissioner 3 13/13 100.00% Under Votes: 1784 Over Votes: 1 NP - Susan Kaun 1,554 77.89% NP - Jan Brown 372 18.65% Write -In 69 3.46% Total ... 1,995 100.00% Chuckanut Forest Park District Commissioner 4 13/13 100.00% Under Votes: 1836 Over Votes: 0 NP - Vincute (Vince) Biciunas 1,848 95.06% Write -In 96 4.94% Total ... 1,944 100.00% Chuckanut Forest Park District Commissioner 5 13/13 100.00% Under Votes: 1538 Over Votes: 1 NP - John Brown NP - Anna Williams February 26, 2013 9:13 AM 1,413 63.05% 779 34.76% Page 1 of 2 WHA_20130212_E February 12, 2013 ` Summary Report Whatcom OFFICIAL RESULTS Chuckanut Forest Park District Commissioner 5 (continued...) 13/13 100.00% Write -In 49 2.19% Total ... 2,241 100.00% Concrete School District Prop.'No. 1- 1/1 100.00% Under Votes: 0 Over Votes: 0 LEVY YES 13 92.86% LEVY NO 1 7.14% Total ... 14 100.00% February 26, 2013 9:13 AM Page 2 of 2 Canvass Board Special Meeting Date: February 25, 2013 Meeting began: 10:05 a.m. In attendance: Debbie Adelstein, (Canvassing Board Member) Royce Buckingham, Civil Prosecuting Attorney (Canvassing Board Member) Bill Knutzen, County Council Member (Canvassing Board Member) Diana Bradrick, Chief Deputy Auditor Matt Shepherd and Nancy Moore, Auditor Staff Hue Beattie and Vincute Biciunas, Observers Debbie Adelstein called the meeting to order at 10:00 a.m. and declared the purpose of the meeting was to re -open the discussion on a ballot that was rejected in the February 21 Canvass Board meeting. Debbie presented a copy of WAC 434-261-075 to all those in attendance as a reference (attached to these minutes.) In the February 21 Canvass Board meeting a voter returned a voted insert in the signed ballot return envelope instead of the ballot. The insert was rejected because the voter did not mark and return the ballot. Subsequent to the meeting it was learned that WAC 434-261-075 provides for "votes on something other than a ballot" as long as all other conditions are met. Royce Buckingham made a motion to accept the voted insert as a ballot since all criteria stated in the WAC were met; the motion was unanimous. The insert will be duplicated onto a ballot and run through a 400C optical scan reader. Meeting adjourned at 10:10 a.m. Minutes Approved By: �tif.Li Lu�"vL� Debbie Adelstein, Whatcom County Auditor Rayce.B�l�iflgham, Civil Prosecuting Attorney 1�te4�v� �, Bill nutze , dbunkf Council Member Date .2 Date qi623 Date References (continued) as provided in WAC 434-261-086.The county canvassing board shall make the final determina- tion of voter intent for ballots not addressed in the statewide standards on what is a vote. (4)The county canvassing board may delegate duplication of the ballots consistent with RCW 29A.60.140. WAC�4-261-0.75"Votes on something otherthaf the voter returns voting responses by mail on any form other than the ballot sent, the votes thereon shall be acceptable and tallied provided that: (1) Only votes for offices or measures for which the voter is eligible are counted. (2)The candidate or measure response posi- tion for which the voter is voting can be clearly identified. (3)The ballot issued is not returned, or if re- turned, contains no marks indicating an attempt to vote it. (4) A valid signature on an absentee oath is received with the voting responses. The votes accepted must then be duplicated to a ballot that can be read by the electronic vot- ing equipment. WAC 434-261-086 Statewide standards on what is a vote. (1) Pursuant to 42 U.S.C. § 15481(a)(6) and Bush v. Gore, 531 U.S. 98 (2000), the following standards determine whether ir- regular marks on a ballot constitute a valid vote that may be counted. ... (2)The secretary of state shall publish an illustrated version of these standards in each optical scan and digital scan voting system used in the state.The secretary of state shall distribute the illustrated version to each county canvassing board and post it on the web site. (3)The secretary of state shall periodically review and update the manual as necessary, and seek input from county canvassing boards and other interested parties to ensure that the standards remain current and comprehensive. WAC 434-262-031 Rejection of ballots or parts of ballots. (1)The disposition of provi- sional ballots is governed by WAC 434-253-047. The county canvassing board must reject any ballot cast by a voter who was not qualified to vote, or for other reasons required by law or ad- ministrative rule. A log must be kept of all voted ballots rejected, and must be included in the min- utes of each county canvassing board meeting. (2) Ballots or parts of ballots shall be rejected by the canvassing board in the following instances: (a) Where a voter has already voted one ballot; (b) Where two voted ballots are contained within a returned mail ballot envelope contain- ing only one valid signature under the affidavit, unless both ballots are voted identically, in which case one ballot will be counted. If there are two valid signatures under the affidavit, both ballots must be counted; (c) Where a ballot or parts of a ballot are marked in such a way that it is not possible to determine the voter's intent consistent with WAC 434-261-086; (d) Where the voter has voted for candidates or issues for whom he or she is not entitled to vote; (e) Where the voter has overvoted; (f) Where the voter validly transferred out of the county. June 2009 77 Canvassing Board Meeting for the February 12, 2013 Special Election Date: February 21, 2013 Meeting began: 2:03 p.m. In attendance: Debbie Adelstein, Whatcom County Auditor (Canvassing Board Member) Royce Buckingham, Civil Prosecuting Attorney (Canvassing Board Member) Bill Knutzen, County Council Member (Canvassing Board Member) Diana Bradrick, Chief Deputy Auditor Nancy Moore, Lori Starkovich, Amy Grasher, Matt Shepherd, Auditor Staff Hue Beattie and Bill Geyer, Observers Debbie Adelstein called the meeting to order at 2:03 p.m. and declared the purpose of the meeting was to review and make a determination on challenged ballots to be presented to the Canvassing Board. Lori presented a copy of the insert that was included with the ballot for this election that mirrored a typical ballot measure page from the Local Voters' Pamphlet (attached to these minutes.) The insert included the ballot measure, explanatory statement, pro and con committee statements, and rebuttals to the committee statements. The insert was presented to the Board to assist in the review of some of the ballots to be presented. Lori Starkovich presented the foliowinq: 1. One ballot — Voter returned the ballot in a secrecy envelope without the return envelope that contains the voter's declaration signature block. Canvass Board Determination: Reject ballot; no ability to determine voter or compare it against any signature. Voter declaration is required. 2. One ballot — Ballot was picked up from post office on 02/14/13 (two days after the election.) Ballot envelope was not postmarked and voter did not date the signature block on the envelope. Canvass Board Determination: Reject ballot; late. 3. One ballot — Postmarked on 02/13/13 from Canada but signature block was dated 2/12/13. Attempts to notify voter to confirm UOCAVA status were unsuccessful. C.B Determination: Reject ballot; no UOCAVA status, late. 4. Nine ballots — Voter returned the voter insert and the ballot. Voter marked choice for the ballot measure on the insert, not on the ballot, and marked choice for the commissioners on the actual ballot. Canvass Board Determination: Reject the choice marked on the ballot insert; count the votes for the commissioners on the actual ballot. 5. Three ballots — Voter returned insert and the ballot. Voter marked choice for the ballot measure on the insert and marked the contrary choice on the ballot. C. B. Determination: Reject choices made on the inserts; count all votes on the ballot. 6. One ballot — Voter returned insert and ballot. Voter marked choice for the ballot measure on the insert. Voter marked choice for the commissioners on the ballot. The ballot was torn at the portion of the ballot that contained the measure. Voter taped the ballot back together without the measure. C.B. Determination: Reject the choice marked on the ballot insert; count the votes for the commissioners on the actual ballot. 7. One ballot — Voter marked choice for the ballot measure on the insert. Voter did not return the ballot. C.B. Determination: Reject ballot insert; actual ballot not returned. Lori presented 20 ballot envelopes with questionable signature matches. Of the 20 ballot envelopes presented with questionable signatures, 4 were accepted and 16 were rejected. Bill Knutzen made a motion to count the ballots that were accepted today and any "no signature match" ballot envelopes that are cured by 4:30 p.m. Monday, February 25, 2013. The motion passed unanimously. Royce Buckingham made a motion to reject the miscellaneous ballots presented at the beginning of the meeting (aforementioned items #1 - #5 and #7) and to accept the ballot (item #6) that was torn. The motion passed unanimously. The final Canvassing Board meeting to certify the February 12, 2013 Special Election will be Tuesday, February 26, 2013 at 3:00 p.m. Meeting adjourned at 2:30 p.m. Minutes Approved By -- Debbie Adelstein, Whatcom County Auditor Date Royce 6 ckingham, Civil Prosecuting Attorney Date - 5 i3 Bill Knutzen, to6rity gZuncil Member Date Canvassing Board Meeting Page 2 02/21 /13 CANVASS BOARD February 12, 2013 Special Election Miscellaneous: 02/12/13 - dropped in Auditor Office Large Vault Drop Box 1 1 without Signature Envelope Accept Reject Reg # 1 270348 2/14/13 - Ballot picked up from Post Office with no Postal Mark or dated by voter Accept Reject 2/19/13 - Ballot picked up from Post Office with 2/13/13 Postal Mark but Canada, Postage. To determine UOCAVA status, called voter's phone number and spoke to father who was vague, said "voter is living in Canada, could be a week, could be indefinate", wants all mailings to continue to go to Bellingham home, said he would keep in mind for future elections providing UOCAVA 1 339453 information to receive earlier ballots. Accept Reject Opening Board: Dup to include CB2 265 Insert Measure Voted, Ballot Measure is not insert vote Ballot AS 1 Dup to include CB3 265 insert vote Ballot AS IS Dup to include CB4 256 insert vote Ballot AS IS Dup to include CBS 256 insert vote Ballot AS IS Dup to include CB6 257 insert vote Ballot AS IS Dup to include C138 260 insert vote Ballot AS IS Dup to include CB11 250 insert vote Ballot AS IS Dup to include CB12 264 insert vote Ballot AS I� Dup to include CB14 258 insert vote Ballot AS IS 9 ITOTAL Dup ballot to change vote to CB1 265 Insert measure voted differently than on Ballot insert vote Ballot AS IS Dup ballot to ' change vote to CB7 262 " insert vote Ballot AS IS Dup ballot to change vote to CB10 256 insert vote Ballot AS IS 3 TOTAL Insert measure voted, Ballot is damaged and missing Dup to include CB9 259 measure insert vote Dup ballot AS 1 Dup Insert vote to CB13 ? No Ballot, insert returned with measure voted largest Precinct Reject No Ballot �j WHAT/04 0212 518 1 ATWA INST-BT 2 BALLOT MEASURE �j� I ��(oss I rnAoEs Proposition No. 1 Formation of Chuckanut Community Forest Park District Shall the Chuckanut Community Forest Park District with boundaries encompassing Precincts 250, 251, 252, 256, 257, 258, 260, 261, 262, 263, 264 and 265, and the portion 'of Precinct 259 west of Interstate 5, all within the City of Bellingham, be created? Yes No EXPLANATORY STATEMENT Voter approval will create a "Chuckanut Community Forest Park District" governed by the board of commissioners elected simultaneously. The District would have all the powers provided in Ch.35.61 RCW, including, but not limited to, maintaining, improving and acquiring parks and recreational facilities; issuing bonds; and levying general taxes to the limit spelled out in RCW 35.61.100 upon real property within the District. The intended property tax levy rate of twenty eight cents per thousand dollars of assessed value would, in ten years, repay the inter -fund loan made from the Greenways Endowment Fund for the purchase of the "Hundred Acre Wood" by providing a dedicated funding �' source. STATEMENT FOR: The singular purpose of this Park District is to repay the loan that enabled the City's purchase of the Chuckanut Community Forest (aka Chuckanut Ridge), thereby assuring its preservation as a park, forever. The alternative is that an unknown portion of the land may be sold. Greenways paid more than half of the purchase price. The rest is up to us Southsiders who will most benefit from the forest's preservation or be impacted by its sale. With its lush, forested wetlands nestled between two salmon -bearing streams, the property's ecological merits are beyond challenge. As a park, the forest offers easy access to healthy outdoor recreation to five nearby Southside neighborhoods, while reducing the need for an expensive expansion of the 12th Street bridge. The commissioners, elected from among your neighbors, will assure its preservation, leaving management to Bellingham Parks. Proven around the state, the Park District model has empowered communities to keep what they hold dear, and ensure a legacy for generations to come. This much -loved forest has been defended by you and your neighbors for over twenty years. Now is finally the time to secure it once and for all. Vote YES for our forest. Learn more at www.chuckanutcommunitv-forest.com. Rebuttal of Statement Against: The CCFD is committed solely to repaying the loan by levying $28/$100,000 for 10 years; preserving the park forever. Park Districts work successfully throughout the state. Other financing avenues were explored, none were feasible. Sale of "large", not "small portion" is needed to raise $3.2M. If sold, public will pay toward infrastructure. This is the last, best chance for preservation. We can buy into fear of park district power, or we can buy a park. STATEMENT AGAINST: A new park district (RCW 35.61) can 1) be independent of City government, 2) levy annual property taxes up to $75/$100,000 value, 3) operate parks, 4) pay District Commissioners' salary, and 5) condemn property "within or without" the District. These powers exceed the statements of the park district supporters. Our need is financial — repay City Council's $3.2 million loan to restore our Greenways Endowment. Our need is NOT to create a competing branch of government with vast powers inside our City limits. First explore all solutions to repay the loan, such as: keep the land but sell the density rights to another location; sell a small portion of the site; include the loan in future Greenways levy. Or, a private capital campaign by Park supporters. Divide $3,200,000 among 1,600 park supporters equals $2,000 each. Each could sign a personal note to pay the City over 10 years, thereby erasing the need for a parks district. Other financial solutions deserve a thorough review before we create a district with no end to its life, new taxing power over our current taxes and the power to condemn property. Get informed at www.proteatbellinghomparks.com and VOTE NO on PROPOSITION 1. Rebuttal of Statement For: Proponents cannot guarantee the Park district's future. State law permits perpetual operations (no sunset), condemnation of land inside and outside its boundaries, taxes levied at over twice the proponents' suggestion. Existing annual City. Greenways 3 taxes are $133/year on a $250,000 house. A new parks district adds $187.50/year on the same house. Apartments are also taxed; taxes will pass on to renters. Not a good deal. Read www.p-rotectbellin-ghgMarks.com and VOTE NO on PROPOSITION 1. Statement For prepared by: Chuckanut Community Forest District Steering Committee Statement Against prepared by: Bill Geyer and George Munger Statements For, Statements Against, and Rebuttals are the opinions of the authors and have not been checked for accuracy by any government agency. Alpha List of Absent Voters By Return Status/Challenge Reason 4 Special Election February 12 2013 - February 12 2013 �• .- P rY rY Return Status: Challenged Challenge Reason: No Signature Match Return from: 112512013 to 211912013 Adams, Anna Marie 602 12th St N/A 251 -251 AtA Geed---�- 02/12/2013 044-0007-1152-1 Bellingham WA 98225 002 _No Challenged ,,,,,, No Signature Match 044-0008-1216-1 Carlson, Lauren R 044-0007-1892-1 Cassidy, Caitlin Dobrawa 044-0008-1073-1 Eis, Robert E 044-0007-4074-1 Gray, Gerald Allen 044-0008-1591-1 Bellinqham WA 98225 RmtoL0 t) 1 Cih 04V 632 Fairhaven Residence N/A 252 - 252 Bellinqham WA 98225 002 1437 Iris Ln N/A 262 - 262 Bellinqham WA 98229 002 No Challenged No Signature Match Good 01 /31 /2013 --NU— Challenged No Signature Match Good 02/12/2013 Challenged No Signature Match 1021 32nd St N/A 259 - 259 Bellinqham WA 98225 002 JL 5 2400 Donovan Ave Trlr 32 N/A 263 - 263 Bellinqham WA 98225 002 Hallett, Carolyn Doris 1712 Larrabee Ave N/A 258 - 258 044-0007-3743-1 Bellinqham WA 98225 002 Higgins, Dennis A 044-0008-1435-1 3100 Wilson Ave N/A 263 - 263 Bellinqham WA 98225 002 James, Matthias J 3511 Chuckanut Ave N/A 264 - 264 044-0008-2013-1 Bellinqham WA 98229 002 Logan, Cheryl L 104 Briza Ct N/A 264 - 264 ,L 044-0008-1698-1 Bellinqham WA 98229 002 �T I Mather, Dan Charles 600 S State St Apt 308 N/A 251 -251 j 044-0007-1222-1 Bellinqham WA 98225 002 I} McNicholl, Roslyn Iris PC Box 821 N/A 259 - 259 044-0007-4192-1 Everson, WA 98247 002 -dam12 Good -G a& No Good —No -- Good Flo— Good N(r— Good —No Good —No— Good --No- 01 /30/2013 Challenged No Signature Match 02/11 /2013 Challenged No Signature Match 02/13/2013 Challenged No Signature Match 01 /31 /2013 Challenged No Signature Match 02/04/2013 Challenged No Signature Match 01 /30/2013 Challenged No Signature Match 02/13/2013 Challenged ,No Signature Match 02/13/2013 Challenged No Signature Match AVMR171 - Alpha List of Absent Voters by Return Status/Challenge Reason * Voter is not in the Election Workspace Page 1 of 2 Printed:2/20/2013 3:54:45PM Return Status: Challenged Challenge Reason: No Signature Match Return from: 1125/2013'to 2/19/2013 Olney, Michael W 408 17th St 044-0007-0574-1 Bellingham WA 98225 Ovens, Heath W P 1119 20th St 044-0007-3853-1 Bellingham WA 98225 Paltrow, Robert S 2501 College Ave 044-0008-2450-1 Bellingham WA 98225 Patton, Doris C 2600 Old Fairhaven Pkwy Rm 21 044-0008-2487-1 Bellingham WA 98225 Schuette, Kate C 903 Cowgill Ave 044-0008-0323-1 Bellingham WA 98225 Soloff, Daniel Raymond 3120 Wilson Ave 044-0008-1337-1 Bellingham WA 98225 Swaney, Andrew M 044-0008-0354-1 Veitch, Robert L 044-0007-2724-1 Ziegler, Adam Richard 044-0008-2127-1 No Signature Match Total: Grand Total: 21 400 Chuckanut Dr N Bellinqham WA 98229 1022 17th St Bellinqham WA 98225 714 Fieldston Rd Bellinqham WA 98225 20 N/A 250 - 250 Good 02/13/2013 002 1 —No—, Challenged No Signature Match N/A 258 - 258 Sot-d— 02/14/2013 002 I No Challenged No Signature Match N/A 265 - 265 Good 02/13/2013 002 I -No-- Challenged No Signature Match N/A 265 - 265 Good 01 /31 /2013 002 -� I rn --No—�• Challenged VJ No Signature Match N/A 261 -261 Good 02/12/2013 002 I -No Challenged No Signature Match N/A 263 - 263 Good 02/13/2013 002 ";c — Challenged No Signature Match N/A 261 -261 / Good_ 02/11/2013 002 I l� No Challenged No Signature Match N/A 257 - 257 Good 02/12/2013 002 zD --Aia--�, Challenged No Signature Match N/A 264 - 264 'y Good 02/08/2013 002 I _.— Nv-- Challenged No Signature Match AVMR171 - Alpha List of Absent Voters by Return Status/Challenge Reason • Voter is not in the Election Workspace Page 2 of 2 Printed:2/20/2013 3:54:45PM 11 ) Auditor - Re: Le ed Notice to be ubIished Mon. 01/07 (ebril )1— -, of }— - — � --p' Febn�. -r . 2013 - Srecial�leciiaa Page 1 The last date to register online, through the mail, arld o transfer or update an existing From: "Legals, BLH" <legals@bellinghamherald.com> restraon- day, Jan°uary 1is 4th. To: Auditor Auditor <Auditor@co.whatcom.wa.us> voters not t registered in Wash- in Wa h- Date: 1/3/2013 9:02 AM ington tan register in Subject: Re: Legal Notice to be published Mon. 01/07 person until 4:30 p.m., Monday, Fete raary 4th at the Whatcom County Hi Nancy, Auditor's Office, 311 Grand Ave., Suite 103, Bellingham, Jill's last day at the Herald was yesterday, I will be managing the legals from here on out if you have any notices or questions. Thank you for The election will be conducted entirely letting me know about the last line, I have made sure to exclude the will belm ilea to atli publish date. To run the notice January 7th will be $138.99. Let me know if regis.tered voters there's anything else I can do at this time. within precincts 250, 251, 252, 256, 257, 258, 260, 261 262, . 264, ana 265 � the ois Caitlin portion Precinct A west of Interstate 5, all with - On Thu, Jan 3, 2013 at 8:19 AM, Auditor Auditor <Auditorin co.whatcom.wa.us>wrotE li the City of Be[- bn&ham, at their maMrig address on > Good Morning Jill: record. Ballots will also be mailed to > registered voters in Concrete School > Attached is a legal notice from Debbie Adelstein, Whatcom County Auditor, District No.11. > to be published on Monday, 01/07/13. Please send confirmation of e-mail Voters requiring assistance: Elec- > and publish date. tionballots, registra- tion sor > > Also, can you please make sure that the words, "Publish: January 7, 2013" a sistance eldevotir-r- sons, a otherelec- > do not appear in the printed legal notice? The publish date was published tion and voter relis- > in a recent notice and it should not have appeared in the legal. Thank you tratian information are available at the > very much, Jill. Whatcom County Auditor's Office or > you may call (360) > Sincerely, 676-6742 or TTY (360) 7384555. > Nanc Moore Y The February12 bal- lot will inclde: > Proposition No.1 > Whatcom County Auditor's Office ch> ckanut Com- > 311 Grand Avenue, Suite 103 Purity Forest munity Park District > Bellingham, Washington 98225 Chuckanut Com- > (360) 676-6740 mignRy Forest Park District Com- > http://www.co.whatcom.wa.us/auditor/index.jsp missioner Posi- tions 1, 2, 3, 4, 5 > auditor@co.whatcom.wa.us Concrete School > District No. Proposition No. I Edu- > NOTICE: This e-mail message and all attachments transmitted with it may Replacement cational> contain legally privileged and confidential information intended solely for Operattions > the use of the addressee. If the reader of this message is not the intended Le he Canvassing > recipient, you are hereby notified that any dissemination, distribution, Board of Whatcom > copying, or other use of this message or its attachments is strictly County will hold open public meet- > prohibited. Please destroy an hard copies you may have printed and remove p Y Y p� Y Y p ingsehru- for the pedal 2013 Special > all copies of the email from your mailbox and hard drive. F�ection the dates and rimer ist- > ed below in the > Whatcom County Courthouse, 311 > Grand Ave, Belling- ham. For exact meeting tunes and ]°rations call (360) 676-6742 or TTY -- (360) 738-4555. Caitlin Robinson am.Lo 'cl& Ae u- Legals Coordinator raccyy Test of the AWs (Accessible Bellingham Herald Voting Units) 360.756.2843 Jan- 25 - Feb. 25, 2013 Processing of 360.676.2660 Ballots. 8:30 a.m. - 4:30 p.m. Feb. 7, 2013 2:00 p.m. Logic & Accu- racy Test of the 460C Optical Scan Read- ers Feb. 21, 2013 2:00 p.m. Canvassing B o a r d Meeting/Signature �J Bel I ingha m Hera Id.com ll,LK,al NOTlffS 1 Reviews Feb. 26, 2013 3:00 p.m.Canvassing B o a r d MeetinglCertMcatio n of Election Dated this 3rd day of January 2013. Debbie Adelstein, Whatcom County Auditor and Ex- officio Supervisor of Elections Whatcom County Auditor's Office� V�* OM you Debbie Adelstein County Auditor Whatcom County Courthouse4 311 Grand Avenue, Suite 103 �� '�H�M�" o Diana Bradrick Bellingham, WA 98225-4038 Chief Deputy Auditor Phone: (360) 676-6740 Fax: (360) 738-4556 Email: auditor@co.whatcom.wa.us Internet: www.whatcomcounty.us/auditor Notice of February 12, 2013 Special Election The last date to register online, through the mail, and to transfer or update an existing registration is Monday, January 14th. Voters not currently registered in Washington can register in person until 4:30 p.m., Monday, February 4th at the Whatcom County Auditor's Office, 311 Grand Ave., Suite 103, Bellingham, WA. The election will be conducted entirely by mail and ballots will be mailed to all registered voters within precincts 250, 251, 252, 256, 257, 258, 260, 261, 262, 263, 264, and 265, and the portion of Precinct 259 west of Interstate 5, all within the City of Bellingham, at their mailing address on record. Ballots will also be mailed to registered voters in Concrete School District No. 11. Voters requiring assistance: Election ballots, registration forms, voting assistance for elderly and disabled persons, and other election and voter registration information are available at the Whatcom County Auditor's Office or you may call (360) 676-6742 or TTY (360) 738-4555. The February 12 ballot will include: Proposition No. 1 Formation of Chuckanut Community Forest Park District Chuckanut Community Forest Park District Commissioner Positions 1, 2, 3, 4, 5 Concrete School District No. 11 Proposition No. 1 Replacement Educational Programs and Operations Levy The Canvassing Board of Whatcom County will hold open public meetings for the February 12, 2013 Special Election on the dates and times listed below in the Whatcom County Courthouse, 311 Grand Ave, Bellingham. For exact meeting times and locations call (360) 676-6742 or TTY (360) 738-4555. Jan. 22, 2013 9:00 a.m. Logic & Accuracy Test of the AVUs (Accessible Voting Units) Jan. 25 - Feb. 25, 2013 Processing of Ballots 8:30 a.m. — 4:30 p.m. Feb. 7, 2013 2:00 p.m. Logic & Accuracy Test of the 400C Optical Scan Readers Feb. 21, 2013 2:00 p.m. Canvassing Board Meeting/Signature Reviews Feb. 26, 2013 3:00 p.m. Canvassing Board Meeting/Certification of Election Dated this 3rd day of January 2013. Debbie Adelstein, Whatcom County Auditor and Ex-officio Supervisor of Elections Publish: January 7, 2013 Licensing Recording Elections Ad min istrationllnternal Audit TTY Licensing@comhatcornma.us Recording@co.whatcornma.us Elections@co.whatcom.wa.us Auditor@comhatcomma.us 360-676-6740 360-676-6740 360-676-6742 360-676-6740 360-738- 4555 Whatcom County Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Phone: (360) 676-6740 Fax: (360) 738-4556 Email: auditor@co.whatcom.wa.us Internet: www.whatcomcounty.us/auditor �GOM eo k L- 4` �9`gH1NGt�i' 1� Notice of February 12, 2013 Special Election Debbie Adelstein County Auditor Diana Bradrick Chief Deputy Auditor The last date to register online, through the mail, and to transfer or update an existing registration is Monday, January 14th. Voters not currently registered in Washington can register in person until 4:30 p.m., Monday, February 4th at the Whatcom County Auditor's Office, 311 Grand Ave., Suite 103, Bellingham, WA. The election will be conducted entirely by mail and ballots will be mailed to all registered voters within precincts 250, 251, 252, 256, 257, 258, 260, 261, 262, 263, 264, and 265, and the portion of Precinct 259 west of Interstate 5, all within the City of Bellingham, at their mailing address on record. Ballots will also be mailed to registered voters in Concrete School District No. 11. Voters requiring assistance: Election ballots, registration forms, voting assistance for elderly and disabled persons, and other election and voter registration information are available at the Whatcom County Auditor's Office or you may call (360) 676-6742 or TTY (360) 738-4555. The February 12 ballot will include: Proposition No. 1 Formation of Chuckanut Community Forest Park District Chuckanut Community Forest Park District Commissioner Positions 1, 2, 3, 4, 5 Concrete School District No. 11 Proposition No. 1 Replacement Educational Programs and Operations Levy The Canvassing Board of Whatcom County will hold open public meetings for the February 12, 2013 Special Election on the dates and times listed below in the Whatcom County Courthouse, 311 Grand Ave, Bellingham. For exact meeting times and locations call (360) 676-6742 or TTY (360) 738-4555. Jan. 22, 2013 9:00 a.m. Logic &Accuracy Test of the AVUs (Accessible Voting Units) �� `'�� •1� Jan. 25 - Feb,25-,-2013 —Rfbcessing of Ballots ! . 8:30 a.m: = 4:30 p.m. Feb,` 7, 2013 2:00 p.m. Logic & Ac uracy Test of the 400C Optical Scan Readers Fe . 21, 2013 1O.m. anvassi Board Meeting/Signature Reviews I� l Feb. 2 113 3.00 p.m. Canvassing Board Meeting/Certification of Election �& Dated this 3rd day of January 2013. Debbie Adelstein, Whatcom County Auditor and Ex-officio Supervisor of Elections Publish: January 7, 2013 �; b Licensing Recording Elections Administrationlinternal Audit TTY Licensing@comhatcornma.us Recording@comhatoornma.us Elections@oomhatcornma.us Auditor@comhatcornma.us 360-676-6740 360-676-6740 360-676-6742 360-676-6740 360-738-4555 STATE OF WASHINGTON,} ss Affidavit of Publication COUNTY OF WHATCOM,} Caitlin Robinson, being first duly sworn on oath says: That she is the Public Notices Clerk of The Bellingham Herald, a daily newspaper of general circulation in said county and state and of McClatchy Co. (publisher of said newspaper), and authorized to make this affidavit; that the legal notice entitled in the cause and court named on the attached copy which is a true an correct copy of the original (and hereinafter referred to as "Notice") was published in the regular an entire issue, and not in supplement, of each number of said newspaper published and circulated on the following dates, to wit: that for more than six months prim to the date of the first publication of said Notice, at all times since, and now, the said "The Bellingham Herald" has been established, published and circulated in the English language continuously and continually as a daily newspaper in the city of Bellingham, Whatcom County, Washington, the same being at all times printed either in whole or in part in an office maintained at said place of publication; that such newspaper has been approved as a legal newspaper by order of the Superior Court of Whatcom County, Washington; that the full amount of the fee charged for such publication Subscribed and sworn to before me this ►►i11111�l+��� �,,.■'��K GF�.,,� day of (,LYI V GL� , 2013 _� to :o _ ' p��0 CO yF�;o�GCD SL1� 0 % r1.2p1, QTARY PUBLIC in and for +++'++0� • ASH *' "N the State of Washington, residing at Bellingham ++�s181111I n►►o Tge iot+zu for Jobs, Homes, Wheels, and Stuff. 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H..- in-°r°"0:�.e'�w Sell Your shMaf .��'=*62.` ursnm � �� w +ti}y"g TheS:l7arjh.mlNer.Tlrl.com/dassfieds s%rR • • • • 4Yxa. f arri Han. and keep every Penny ,fa.S89 s_ �/• n b wn ►1A.dlL a. ,,•,-s w law trrrm. ♦«� L i�`ign•'"^'~'�� Barleans w.. w �""L' •'�°#*1 a" " r Fishery 7 K'y 38E0325 NFL rL W�O�e r.�'�'"` TheBeIlinghamHemld.com .ant s N �w Feed•.,.. •i:,. 5-�..f- :.Y.. .vnks, a� kds. tnrCe"k""e, $7.9916. Eat � Drink & Be Inspired Pick up the Tuesday Herald for the Food Page. Dig in to recipes by Whatcom Locavore Nancy Ging, wine columns and more. THE 16 " HERALD The BeIlinghamHerald.com