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HomeMy WebLinkAbout1993-1995 - Birch Bay Water and Sewer District Don Montfort Position F1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 '"CIEIYED SHIRLEY FORSLOF TCOM COUNTY AUDITOR Ir MAY 1 1 1995 FILED IN 0 EN CO 19 WfiATGGh� COUNTY CLERK By .. ,. Deputy —0 - •_-_jNJTUJ.")SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY -OF WHATCOM IN RE: } } NO. 95-2-00521-3 THE RECALL OF DONALD MONTFORT, } COMNIISSIONER OF BIRCH BAY WATER ) ORDER DISMISSING AND SEWER DISTRICT. } RECALL PETITION This matter having come on for hearing before the above entitled court on Friday, March 31, 1995, and the court having determined that all of the allegations contained in the Petition herein are either factually or legally insufficient, or both, to support recall of Respondent Commissioner, NOW, THEREFORE, IT IS HEREBY ORDERED that the recall petition filed herein is hereby dismissed. - /trr— IT IS FURTHER ORDERED that statutory attorneys' fees ar?�warded�' Sjj lYagainst WILLIAM E. BURCH, PetitionerJiemin in favor of Respondent herein. DONE IN OPEN COURT this day of kJ1T3GVCOURT"COMMISSIONER Presented by: , i' SIMONARS oun SER, { ZENDERT0N TER VJy4SS9R, WSBA#3175 Attorn Commissioner WILLIAM E. BURCH, Petitioner 4324 Bridger Road Blaine, WA 98230 _ C, ORDER - Page 1 fApete\bbwd\reca11.or.d SIMONARSON, VISSER, ZENDER & THURSTON P.O. BOX 631 LYNDEN, WA 98264 (360) 354-4494 632 11 WHATCOM COUNTY PROSECUTING ATTORNEY David S. McEachran CIVIL DIVISION Whatcom County Courthouse 311 Grand Avenue, 2nd Floor Bellingham, -WA 98225 CHIEF CIVIL PROSECUTING ATTORNEY Randall J. Watts MEMORANDUM TO: FROM: RE: DATE: Shirley Forslof Audit 0 Randall J. Wa ;ts Chief Civil Deputy Prosecuting CIVIL DEPUTY PROSECUTING ATTORNEYS Karen N. Frakes Daniel L. *M E l V E D SHIRLEY FORSLOF WHaTCOM COUNTY AUMOR MAY 0 8 1995 Attorney Recall of Peter Lewis, Donald Montfort and Carl Reichhardt May 5, 1995 Today Judge Moynihan signed and entered the Order Dismissing the Recall Petitions of Peter Lewis, Donald Montfort and Carl Reichhardt. Pete Visser, attorney for the Commissioners, indicated that he would make sure your received a copy of that Order. If you have not received a copy by Wednesday of next week, give me a call and I will obtain one for your files. However, Mr. Visser did indicate to me that he would send you one. Thank you. RJW:tz a Phone (360) 676-6940 FAX 738-2532 COUNTY 398-1310 SCAN 676-6940 WHATCOM COUNTY PROSECUTING ATTORNEY David S. McEachran CIVIL DIVISION Whatcom County Courthouse 311 Grand Avenue, 2nd Floor Bellingham, WA 98225 CHIEF CIVIL PROSECUTING ATTORNEY Randall J. Watts MEMORANDUM TO: Shirley Forslof Auditor CIVIL DEPUTY PROSECUTING ATTORNEYS Karen N. Frakes Daniel L. Gibson RE CEIVED SHIRLEY FORSLOF WHATC6A COUNrf AUDITOR APR 2 0 1995 AND TO: N.F. Jackson Superior Court Clerk FROM: Randall J. Watts Chief Civil Deputy Prosecuting Attorney RE: Recall of John Lesow DATE: April 18, 1995 It is now my understanding that the synopsis with regards to John Lesow has been issued. In addition I have been in contact with Mr. Visser who has indicated that he is going to be noting in for entry the Order of Insufficiency on the Birch Bay matter. If you have any further questions, please do not hesitate to contact me. RJW:tz rl Phone (360) 676-6940 FAX 738-2532 COUNTY 398-1310 SCAN 676-6940 i no undersigned ceralies under penalty of perjury under the laws of the State of Washington, that on the below date, 1 mawod, o tau ,ad daItve t e e oopy a the foregoing to: at the regular ofine �9lden"MAroof. DATEDthls /?Wtv ct QQoY7 tout Lyndon, W (Copy Receipt) RSC'AE1VED SHIRLEY FORSLOF WHATCOM COUNTY AUDITOR :�r R 2 0 1995 (Clerk's Date Stamp) SUPERIOR COURT OF WASHINGTON FOR WHATCOM COUNTY IN RE: THE RECALL OF DONALD MON EFORT, COMMISSIONER OF BIRCH BAY WATER AND SEWER DISTRICT. ❑ NOTE FOR TRIAL DOCKET Please take note that this case is now at issue and the clerk is requested to note it on the trial docket to be brought on for trial at the time set by the court. NOTE FOR MOTION DOCKET j Please take note that the issue in this case will be heard on the date set out in the margin and the clerk is requested to note the same on the motion docket for that day. TO THE CLERK OF COURT and to opposing parties (Name and Address of Opposing Parties) r- William E. Burch Rmll11 J. Watts, VEM9 314 uU'/Bridger Road 3U Grand Aveme Blaine, WA 98230 Bal l irr#Ern VA 98225 L NOTE FOR: Presentation of Order (Lift and Continue List of Opposing Attorneys on Reverse Side) No. 95-2-00521-3 NOTE FOR: PRESENTATION OF ORDER (Use separate sheet for each noting) CALENDAR NOTE: Must be filed with Clerk not later than nine (9) working days preceding date noted. Date/Time of Hearing; (hour) Estimated Length of Trial Date/Time of Hearing: 4Z2 8 j 9 5 AT 1: 3 0 P.M. (HOUR) Nature of Motion Presentation of Order Dismissi= Petition �type Name) PI"T AY SSER #3175 of Counsel for pan nt (Name, ad sand telephone of Attorneys) SIMONARSON, VISSER, ZENDER & THURSTON 1610 Grover St., #A-1 Post Office Box 631 Lynden, WA 98264 -J (360) 647-1500 1 2 3 4 5 6 71 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF WHATCOM IN RE: ) NO. 95-2-00521-3 , THE RECALL OF DONALD MONTFORT, ) COMMISSIONER OF BIRCH BAY WATER } ORDER DISMISSING AND SEWER DISTRICT. } RECALL PETITION This matter having come on for hearing before the above entitled court on Friday, March 31, 1995, and the court having determined that all of the allegations contained in the Petition herein are either factually or legally insufficient, or both, to support recall of Respondent Commissioner, NOW, THEREFORE, IT IS HEREBY ORDERED that the recall petition filed herein is hereby dismissed. IT IS FURTHER ORDERED that statutory attorneys' fees are awarded in the sum of $125.00 against WILLIAM E. BURCH, Petitioner herein in favor of Respondent herein. DONE IN OPEN COURT this _ day of , 1995. Presented by: WILLIAM E. BURCH, Petitioner 4324 Bridger Road Blaine, WA 98230 1 ORDER - Page 1 f.\petelbbwd\reca11.ord JUDGE/COURT COMMISSIONER SIMONARSON, VISSER, ZENDER & THURSTON P.O. BOX 631 LYNDEN, WA 98264 (360) 354-4494 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF WHATCOM IN RE: ) NO. 95-2-00521-3 THE RECALL OF DONALD ) MONTFORT, COMMISSIONER ) JUDGMENT SUMMARY OF BIRCH BAY WATER AND ) [CLERK'S ACTION REQUIRED] SEWER DISTRICT. ) Judgment Creditor: Judgment Creditor's Attorney: Judgment Debtor: Amount of Judgment (for Statutory Attorneys' Fees): Order Awarding Judgment entered: DATED this _ day of i JUDGMENT. - Page 1 fApete\bbwd\reca11 jud Donald Montfort Peter Jay Visser William E. Burch $125.00 1995. 1995. ;nSSER, WSBA#3175 Commissioner SIMONARSON, VISSER, ZENDER & THURSTON P.O. BOX 631 LYNDEN,WA 98264 (360) 354-4494 x WHATCOM COUNTYAUDITOR Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County March 24, 1995 TO WHOM IT MAY CONCERN: THIS IS TO CERTIFY that the total number of votes cast is 544 for all candidates for the office to which the officer whose recall is demanded was elected at the preceding election of Birch Bay Water and Sewer District 8 commissioners. General Election November 2, 1993 Position F, 6 Year Term Don Montfort Votes Cast 349 Stephen Nelson Votes Cast 195 Total Votes Cast 544 This is to certify that the foregoing is a true and correct copy as shown in the office of the County Auditor, Whatcom County, Washington. Whatcom Co ty Auditor Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 738-4556 WHATCOM COUNTYAUDITOR Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County MEMO TO: Deane Sandell, Chief Deputy Sheriff FROM: Shirley Forslof, County Auditor DATE: May 15, 1995 SUBJECT: Affidavit of Service Please serve the following Birch Bay Water District Commissioners with Demand for Recall filed by William E. Burch. Please provide the Auditor's office an Affidavit of Service upon completion. Peter Lewis 8557 Semiahmoo Drive Blaine, WA 98230 Don Montfort 8323 Harborview Road Birch Bay, WA 98230 Carl Reichhardt 8609 Semiahmoo Drive Blaine, WA 98230 Auditor - Accounting Recording Elections Motor Vehicle Licensing . FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 738A556 WHATCOM COUVIYAUDITOR Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County March 15, 1995 r David S. Mc Eachran Whatcom County Prosecuting Attorney Whatcom County Courthouse Bellingham, WA 98225 RE: Demand for Recall of Birch Bay Water District Commissioner Donald Montfort THIS IS TO CERTIFY that the attached is a true and correct copy filed in the Office of the Whatcom County Auditor, Bellingham, Washington on March 15, 1995 of the Demand for Recall of Birch Bay Water District Commissioner Donald Montfort filed by William E. Burch of 4324 Bridger Road, Blaine, WA 98230. Shirley Four of Whatco County Auditor Dated this 15th day of March, 1995. Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 738-4556 Y _ WHATCOM COUNTYAUDITOR Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County March 15, 1995 David S. Mc Eachran Whatcom County Prosecuting Attorney Whatcom County Courthouse Bellingham, WA 98225 RE: Demand for Recall of Birch Bay Water District Commissioner Donald Montfort THIS IS TO CERTIFY that the attached is a true and correct copy filed in the Office of the Whatcom County Auditor, Bellingham, Washington on March 15, 1995 of the Demand for Recall of Birch Bay Water District Commissioner Donald Montfort filed by William E. Burch of 4324 Bridger Road, Blaine, WA 98230. Shirley For of Whatco County Auditor Dated this 15th day of March, 1995. Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 738-4556 Under the provisions of Sections 33 and 34, Article 1 of the Constitution of the State of Washington and as provided for in RCW 29.82 I, William E. Burch a registerRIE I V voter, demand the recall and discharge of Donald Montfort, Commissioner Qf irdl FmSLOF ri �� Qµ Bay Water District. Ca0NW AUDMIt My charges against Mr. Montfort are malfeasance, misfeasance, and nonfeasance . 1995 Commissioner Montfort continued to try to find a way to proceed to form ULIDs by the resolution method after his right to do so had been divested by RCW-57.16.060. Evidence: 1.a Notice of hearing on creation of ULIDs 13 and 14, paragraph 3 - listings 1 and 2, Rights to proceed further were divested on Dec. 21, 1993 by a protest in excess of 40%. 1.b A copy of the minutes of the commissioners Jan. 13, 1994 meeting showing the commissioners were refusing to accept defeat of their resolution and looking for a way to carry on. 1.c A copy of the minutes of the commissioners Jan. 27, 1994 meeting showing the commissioners were still working on the resolution with no right to do so. Commissioner Montfort knowingly allowed Pat Sizemore, Manager Of Birch Bay Water and Sewer District to misrepresent the percentage of the protest against the resolutions. He has refused demands for a count of the protest by someone other than Water District associates. Evidence: 1.b Commissioners meeting minutes Jan. 13, 1994 where Mr.Sizemore's count was accepted over numerous objections which were only listed as "general discussion". 2.a A copy of a page from the water districts protest tally on which Mr. Sizemore incorrectly states that lot owners "had previously signed "NO PROTESTS" for both water and sewer". 2.b A copy of a "NO PROTEST" showing these were designed for sewer only and had no dealings with a new water service. This was Immediately pointed out to the commissioner in the "general discussion", but no action was taken. Commissioner Montfort did nothing when presented with proof that Manager Sizemore had conspired with Ranch Executive Billie Squires to get people to change their votes after all rights of the Water District had been divested. Votes were changed after a deadline set by the Water District. Evidence: 3.a Copy of a letter from Billie Squires in which she mentions changing votes on the advice from the Water District. 3.b A copy of the districts tally of withdrawal of protest, the majority of which were withdrawn over 20 days after the voting. Commissioner Montfort did assist in the obtaining of signatures on a new petition under deception and duress, a violation of Washington Criminal Code 9A.60.030. At the public meeting held January 27, 1994, Manager Sizemore stated that the district did not have a contract with the Double R Ranch to supply water to our system and might not be able to continue serving water in the future without the ULIDs. Note - the Double R Ranch has been receiving water from them since 1965. The Commissioners allowed this threat and followed up on it by telling the proponents of the ULIDs that they would accept a new petition. This threat of cutting off our water in order to obtain signatures is a direct violation of the above criminal code. Evidence: 1.c The copy of the Jan. 27, 1994 Commissioners meeting minutes. 4.a Washington State Criminal Code 9A.60.030 Commissioner Montfort accepted a new petition, the one set in motion with a threat of a water shut off, on which four swamp lots, (wet land that probably can not be developed) were included. These lots were purchased by the proponents of the ULIDs to get the tally over the required 51 %. This places the rate payers of the district in jeopardy of higher utility rates when the owners of these lots default and the district has to pick up the tab. Evidence: 5.a A copy of a letter from attorney Jack Swanson in which he mentions the possibility of the district ending up paying the assessments on these lots. There has been no response on this from Commissioner Montfort. Commissioner Montfort failed to investigate a situation where District Manager Sizemore provided advance information to investors about sewers going in the Double R Ranch. These investors bought land that would benefit. This put the District in a bind to force the ULIDs on Double R or face the investors. The Commissioners were given copies of real estate documents and a name and telephone number so they could follow up. Not one call was made. Evidence: 6.a and b Copies of real estate documents are attached. the buyer was Michael Murphy, Ph. (360) 733-6132. Commissioner Montfort has failed to protect the rate payers of this district from unfair and illegal assessments. State law prevents any assessment being placed for a utility that does not benefit the property at least in the amount of the assessment. About thirteen lot owners had appraisals done on their properties. In each case the amount of the assessment being levied against properties in the Double R Ranch was in excess of the benefit. Most will benefit less than 20% of the amount of the proposed assessments. Evidence: Copies of individual lot owners appraisals and assessments can be provided upon request. 2 Commissioner Montfort was influenced by the knowledge of Commissioner Lewis's bussiness arrangement which stands to profit by forcing the Double R Ranch into an overinflated ULID package. Commissioner Lewis is in a partnership which is marketing the land area in evidence just north of the Double R Ranch boundry. This act is a gross Malfeasance in that Mr. Montfort failed to protect the rate payers from this action. Evidence: 8.a A proposal offered by Bay Star Partnership / Windermere Real Estate. Page 2 under the heading of Location there is mention of benefit from the sewer utility being installed directly south of the marketed area. Page 6 shows the site as being directly affected by anything in the Double R Ranch. �J11 r ck K' U. LS 3 1,5-- �?6 NOTICE OF ADOPTION OF RESOLUTION OF INTENTION TO CREATE AND NOTICE OF HEARING ON CREATION OF UTILITY LOCAL EUPROVEMENT DISTRICT - U.L.I.D. NO. 13 YOU ARE NOTIFIED that on October 21, 1993, the Board of Commissioners of Birch Bay Water and Sewer District, Whatcom County, Washington, adopted Resolution No. 532 declaring its intention to create Utility Local Improvement District No. 13 ("ULID 13") and to order the construction of certain improvements to the sewer system of the District within said ULID 13. The boundaries of the proposed ULID are as set forth in that resolution. The proposed improvements consist of the acquisition, design, construction and installation of the following improvements: approximately 13,700 feet of eight-, twelve-' and fifteen -inch gravity sewer lines along Hickok, Custer, Boone, Masterson, Bridget, Cody and Carson Roads in the area of Birch Bay known as Double R Ranch. The estimated cost of these proposed improvements, and other expenses in connection with the improvements, is $1,185,794, of which 100% will be paid by special assessments levied against the property within the proposed ULID 13 specially benefited by the proposed improvements. The assessments levied in ULID 13 shall be for the sole purpose of payment into such revenue bond fund as may be specified by the Board of Commissioners for the payment of revenue bonds to be issued to defray the costs of the above improvements. Actual assessments may vary from the assessment estimate so long as they do not exceed a figure equal to increased true and fair value that the improvements add to the property. You are notified that a meeting of the Board of Commissioners will be held at the District office, 7096 Point Whitehorn Road, Birch Bay, Washington, at 1:00 p.m. on Saturday, December 11, 1993, which time and place are fixed for hearing of matters relating to such formation and improvements and for determining the method of payment thereof. Persons desiring to object to the improvements and the formation of the proposed ULID 13 may appear at the hearing to state their views. All persons desiring to object to the formation of the proposed utility local improvement district must file their written protests with the Secretary of the Board no later than ten (10) days following the public hearing. Protests should contain tax lot numbers or other identifying description. 2. If the owners of at least 40% of the area of land within the proposed utility local improvement district file written protests with the Secretary of the Board, the power of the Commissioners of the Board to proceed with the creation of the proposed utility local improvement district shall be divested. 3. Tlie name of the Secretary of the Board is Peter Lewis. The address of the Secretary of the Board is 7096 Whitehorn Road, Birch Bay, Washington 98230-9675. 4. The names of the property owners within the proposed utility local improvement district are kept available for public perusal at the District's office from 8:00 am. to 4:30 p.m., Monday through Friday. b:'bbwsd\dbinwr lrm19339 The estimated amount of the cost and expense of such improvement to be borne by and assessed against the described lot, tract or parcel of land of which you are the owner or reputed owner as shown on the tax rolls of the Whatcom County Asse or is as stated below. a Peter Lewis Secretary of the Board of Commissioners Birch Bay Water and Sewer District Name of Owner William E & Kerri L. Burch 4232 Br;dpr Rd Blaine WA 98230 Legal _Description of Property 400129 228317 Lot 11, Double R Ranch Plat, Whatcom County, Washington, as per the map thereof recorded in, Volume 9 of Plats, Page 87 in the Whatcom County, Auditor's Office. Estimated Amount of Assessment Against the Foregoing Property RECEIVED General facilities charge = $707.00 DEC 15 1993 Local facilities charge = $7738.50 •1,.Y WATER & SEWER DIST. Total = $8445.50 IF THIS NOTICE IS RECEIVED BY SOMEONE OTHER THAN THE OWNER OF THE HEREIN DESCRIBED PROPERTY, PLEASE FORWARD TO THE OWNER AND NOTIFY THE SECRETARY OF THE BOARD OF COMMISSIONERS. I NO N u,m� 1 : �2✓�r� l�� L��a1 �r- ,zr..J� dPl�r� �o r ,C_v 11 00 h:tbbu cd\dblrsu r.lrm%19139 7, 11'.- , 7 4PWD•_v This is a copy of *hat lot, owners signed to,get water service. P, Plea'se note that this is for sewer only. This is what Pat Sizemore and/or the district used to disallow water protest and try to kill the protest. ACREEMENT TO FUTURE UTILITY LOCAL IMPROV£,,MEHT DISTRICT WHEREAS, • is the owner o:�=ie�Pprap-'Xj � r (hereinafter called "Owner") 3irch 3av Water and SeweDi` v Sz�uated within the Boundaries of r strict described hereinafter; and WHEREAS, Owner des_ es to obtain v2ter orcperty f:cn 3; Bay ser-r-, to said called " « rr) and "z�e= and Sewer p (her_inaP�er D sc_;ct ist=4ct o ,-H=RZAS, sewer ice 5er•✓e said nraperty; znd 's not now reasonably available to in r1't•�e e �._5`.rwC� �iS~es tC aSS�re —at, as other theart/ area 4 a_ y"'a P-00erty described tie_ service is made a.raw_ab_e, and re -n devb?flood Tom. .Ve�-Cti a^t_c�W�tCC �_��� - d_ r�V ^..e^TeOisz__�t for ..15..�'i:SC d g?;4»�`'4_' 7 rrt_y�_ '.oc�l some __.. -^,e cs-2d Cc_-CL'.y :t)n sr tin.. • ..Ca; .! 'a?SCE �.".�::..' h9�6_... `.e nOpSC-- --he ,7r=M =n ;`liatca Ccu ty` ^?sha c-on an _?d tc ,`zero-n'is situ 'ed as. cllcws_ d is -ore pirticulsr' ✓ �? - _ate-a•'a_w;�—^�a �_��_'_c� ��1_ �rC�i�a �+ t described ?Are and/or Yrw: eta :ate, ser. ;ce '' ter o[ to t'�e �ropsrty uccn �aent e: all and/orct.he date l^:ticrin Pay^ -ant ❑E sz athe teao `eeaPa+ ca:�aare far CsPr✓ice execL'Cara, UT a on.Owner, h_ms?1ccoin � - �I:.^.�5; 353i^^IS h; s heiz s, iteres ' r-on tS M acmes to the strict tha-esje sL.r, `:r] enpye^ •`.... d❑ SC, - _ _ d.^•Y cZ.Zer 5_g•^i an., �a ��e„ nctice, 2cCCn y-gh i'C the =""alit^ 7 F`8-r^� ^�y �7' :C :.} �. .^.y , ° :� ���±� 5 0 for Zhe _ se ~` ^�1 ac31 rm^r o a desc_ b �a Yn ° �rov«d_-� se-Ar Sq,�• - cv n nc D«str=ct e{' -rein. ❑one= »� �.'o ^ �e c? yt� the PrCaerty a Y a , to actively Prcrnor, , the Str.r_•Mi]ia, of SSF3, :S ro E.i i TM�;4SC:.� W Frcc &OX 631 1 ;ATMFMC'CM :1t2S4, r: _•1 .� 1 J Cjas: 1 -:4. 1 TH=S IS H`: PERSONA RZ?LY TO LETTER DATED FE3 RU ARY 13 ch FROM a • 4__ JIM AND JOY HUNTER AND GEORGE AND SHIRLEY SARGEANT TO THE BOARD OF TRUSTEES IT IS VERY 7HAT SO i'r NV MMISL�iDERS=A_NDINGS HAVE OCCUR_ZD ARISING OUT THE THE SETTER AND WATER :.LIDS . L PRE.SU 'r' IT IS 'U'!AN NA U'RE =0 JL�L' TO BELIETi=. :v ?T YOT' WANT TO H.-EAR. YES, TIvE DID TRY TO C.:.A- GE,V07 S -TIE (OWNERS :r'z0 WANT SEVERS SOT izI- BOARD) W=R= TOLD BYT E- DISTRICT THAT TH ERF. -',;AS A "TL'R:V AROUND PTR70D" IN I,rHICF WE COULD GET OTrv-1ERS TO WIidDR W THEIR PROTESTS . TWEE DID THAT . WE ERE TOLD AT THA I TI;E THAT WATER 'r._-_D ?ASSED AND We WERE LATER TOLD THAT SIiiCE =HE OPPOSITION ;Yn �r�DE SO LL-0' % T ZATS rH' IS WHY BOTH WATER AND S�v�R A_F �LD S A _ . T:=__ 30�ID_N C0�'[_-Vy DID W71-DR,.A OUR F_NANC:�7G. _L., . :0'_' ._U`;:ER CzLLED `E R=G:_RDINC; HER CO�nT=_=V-'S ;D I TOLD 1 ER =0 WR==E A LETTER. WE :v� E CERTA:NLY VOT COVrRT_yiG UP THE "U=_ -ICV''" COSTS FOR ?ER.`!ITS , ETC. OF A30UT S! 5 0 AS THESE COSTS ;ERE ST-ATED AT EACH OF THE DECE:BER HEETINGS . AS FAR AS ME $oCC COST TO BRI�iG F30►I tiB =ER TO TRAILER, T:�a = WAS fir_ RELY AN -';DIC" =0V SINCE THE OWN —ER CAN DO HIS OWN DIGGING ADD HOOK- UP . I 'H 7— NEVER ..EARD ANY CWNER SAY TH- COS = WOULD 3E ONLY S1-0 =0 S50. C0 CER:i= J 0 H OSE 0?,i`_;=-`S v"0 CA0_ CRD =C _ AY TH : P_R �:0 :.CR` 3 : �r CO�iC�:Z.`:: C .0' 07 `'S AS TO _ _ := CCS- ;;_'_. r 3= `;OwT E S = =E C:' ;; _`iC- i IS 7y C:.T, _ _ J DO .`70: t:iv:v ;�-.'.- S E �IE.�_`;S _ . ?._ VO== . AS C ._" i-RS D=J •'�___ .V.._._ .V� �.�..._�r_. _.=1 .�.\ _ :^r .','. l-_-:-\IS_ u_J _ �.�`'r (_VCT -%.J .: '�_,__�,A=__♦J. ..._ ��C �.�._JR__:! ^ \IO ' THE- ,.= =OS=== ;.`i 3 _.r.Gly-'iJ-= --- CR._1`'_ CC_. R.ZCDU'A� �'- - -S J7_C DLD 30:l: A.ND =S S=G:;ED 3'_ _:E ?RES=D::i:' A:`iD .-E S=CZT.-Y 30----3 -- 0:i - ; E`;DS==? C:.`i:iC' 3= - � - - -- _ _ gin- ---� -.• _- -- -- - ,. - -_- `, --_ _ - =?-=� -- ?.-.SS=D ?- -'= 30:.:D. i _ ?=-"iS T-_•. =�;G ,-_ S_ =D_D ='C COC.�CrCa:SS RO_`_! OL:, ..;`; -_�_;:: - `;C=' DUES. ..r.._. _ ? v _ _.. _.._. v.._ J _T _.._ CJ -: r _C 3_ iC.'1: '- PAGE 2 BEFORE THE HEAVY RAINS . ALL OWNERS ARE. FAY -;NZ . (AC'`'U.-.LLY WHEN JOY CALLED ► E SHE GOT iIORE EXPLICIT PC=.N = I-"TG A F- INGER AT ONE OWNER WHO SHE SAID WAS ALWAYS LATE W_T- DUES A`TD NOW SHE HAS NEW CULVERTS & GRAVEL - I PRESLMEE S-E tNE',v ',, 0 ?AID ON MEE SINCE SHE ASS IS TED DERV WITH T:-i? BOOKS) . LAST, BUT NOT LEAST, BACK TO T E HUNL TER`S FAV7R:.TE 5L3.:EC". BILLIE SQUIRES ACTING AS -TRF.AST.:RF.R. S'r_ 7 IS VERY AW ARZ O WHY AND WHEN I TOOK OVER THE JOB OF ISSUING T:_E CHECKS BESIDES COLLECTION OF DUES. WE HAVE BEEN THROUGH TrBEFORE rh E'T A PREVIOUS TRUSTE- DEMANDED AUDIT BECAUSE OF ., �kT HE FEi.T WAS . NEGLECT IN REPORTING FINANC=AL INFOR.'-raT=O`4 MONT::LY, OT::F.3 ERRORS IN ALLOCATTOLlT OF F L1;D5 . W'H ; D=-'; Hi:�iT�R THE BOARD TO MOVE TO TORONTO, DOR�EV BARK=? �4LU"?iTEER;I-TD TAKE OVER THE BOOKS AND ST; `TG;:"'T OUT THE C0`;S-.DER.'3 E "IWS THAT THE. BOOKS Tk�RE TN. I AM. SURE DOREEN �i=L._ VOUC 'OR T�wS AS SHE REPORTED TO Tiiy B OA<RD rHAT IT TOO?{ CORRECT ALL THE ERRORS AND GET i?E BOOKS READY TO GO TG T E CPA FOR THE TAX WORK. IT W:+S !t-M61RTa1TT T::AT CUR TAXES 3E D0!iS ON TIME AS THE PREVIOUS YEAR UNDER TH? SA_%[-Z _ r�AS'' iR_ =R, WE 'ER FI!TE73350 FOR LA-E R ?OR=7NG OUT OF T#_�_I!cBY iG OF TA{Ea OUR Gw__ L. r�! _= AGA-!AND RZS R.S ILTORTANC= OF RE?ORT-;NG ON_7H7. I_ .; S r3C"- T E BOARD VOTED THAT T-=- C?A tv0UL DO Tom= XC!:-:L'_ R=?'"= A { A COST OF S30.0O PER C`;T: 3,.: _..E:; DO=...=E`; - .r` COV77N AS TREE. SUP.T.R A`;D-SA.� POINT WHEN RICK GUZ-77 30�T :� ~� -. "tzv '-:: JEti!AVDED I TURN _-.B-OOKSy_T.❑ D. aTO'i --OR IzVIO -. AND H'EN DORFE BACK AND S.-.7_D TO IT3w7Y7=-!: 7..�G G R=01: SO►3 CM7ROS . NY A^C _ -A -_ -.r- IOU`;D 3 LSF . OVER TEE TELE-2HON :O`.' .:i.. j77-� :•�0!:-z ".C— ..I!;DA IS RL�':V `;G A D.�Y CA_7 . i G�7D=—=_=3 !:CT TO ?CRSL= THAT, BUT :'Oc2 _--- RECO?J =!;DA CA FCR -_?. _ — AND jZAS G:._RD:ANSc 7? 0: ONE NOTICE OF ADOPTION OF RESOLUTION OF INTENTION TO CREATE AND NOTICE OF HEARING ON CREATION OF UT LITY LOCAL 11WPROVEIENT DISTRICT - U.L.I.D. NO. 14 YOU ARE NOTIFIED that on October 21, 1993, the Board of Commissioners of Birch Bay Water and Sewer District, Whatcom County, Washington, adopted Resolution No. 533 declaring its intention to create Utility Local Improvement District No. 14 ("ULID 14") and to order the construction of certain improvements to the water system of the District within said ULID 14. The boundaries of the proposed ULID are as set forth in that resolution. The proposed improvements consist of the acquisition, design, construction and installation of the following improvements: approximately 13,000 feet of eight- and ten -inch water line along Hickok, Custer, Boone. Masterson, Bridger, Crocket, Casey and Carson Roads (to replace existing water lines) with fire hydrants along said roads in the area of Birch Bay known as Double R Ranch, The estimated cost of these proposed improvements, and other expenses in connection with the improvements, is $753,428, of which 100 o will be paid by special assessments levied against the property within the proposed ULID 14 specially benefited by the proposed improvements. The assessments levied in ULID 14 shall be for the sole purpose of payment into such revenue bond fund as may be specified by the Board of Commissioners for the payment of revenue bonds to be issued to defray the costs of the above improvements. Actual assessments may vary from the assessment estimate so long as they do not exceed a figure equal to increased true and fair value that the improvements add to the property. You are notified Char a meeting of the Board of Commissioners will be held at the District office, 7096 Point Whitehorn Road, Birch Bay, Washington, at 1:00 p.m. on Saturday, December 11, 1993, which time and place are fixed for hearing of matters relating to such formation and improvements and for determining the method of payment thereof. Persons desiring to object to the improvements and the formation, of the proposed ULID 14 may appear at the hearing to state their views. 1. All persons desiring to object to the formation of the proposed utility local improvement district must file their written protests with the Secretary of the Board no later than ten (10) days following the public hearing. Protests should contain tax lot numbers or other identifying description. 2. If the owners of at least 40 0 of the area of land within the proposed utility local improvement district file written protests with the Secretary of the Board, the power of the Commissioners of the Board to proceed with the creation of the proposed utility local improvement district shall be divested. 3. The name of the Secretary of the Board is Peter Lewis. The address of the Secretary of the Board is 7096 Whitehorn Road, Birch Bay, Washington 98230-9675. 4. The names of the property owners within the proposed utility local improvement district are kept available for public perusal at the District's office from 8:00 am. to 4:30 p.m., Monday through Friday. D:` DE3«ti1'D` DbRCtJ1D.:rm+19338 �1i / 3 � J J . n The estimated amount of the cost and expense of such improvement to be borne by and assessed against the described lot, tract or parcel of land of which you are the owner or reputed owner as shown on the tax rolls of the Whatcom County Assessor is as stated below. iL2j'4 , t�J Peter Lewis Secretary of the Board of Commissioners Birch Bay Water and Sewer District Name of Owner William E & Kerri L. Burch 4232 Bridger Rd Blaine WA 98230 Le al Description of Property 400129 228317 Lot 11, Double R Ranch Plat, Whatcom County, Washington, as per the map thereof recorded in, Volume 9 of Plats, Page 87 in the Whatcom County Auditor's Office. Estimated Amount of Assessment Against the Foregoing Pro ert _ General facilities charge = $1497.00 Local facilities charge = $11896.50 Total = $13393.50 DEC 15 i993 at'NER GIST. IF THIS NOTICE IS RECEIVED BY SOMEONE OTHER THAN THE OWNER OF THE HEREIN DESCRIBED PROPERTY, PLEASE FORWARD TO THE OWNER AND NOTIFY THE SECRETARY OF THE BOARD OF COMMISSIONERS. (A�,� ;7 Fo c� � i7 C %tom LA I ',: bbwsd%db1rswr.1rm%19339 v.Vl'll'li u.71 VLY LZCr7 VZ D.L.Mon "AY WA:X L; Z AND HELD JANUARY 13, 1994 SEWER DISTRICT The meeting was called to order by Commissioner Lewis. Other persons present included Commissioners Montfort and Reichhardt, Scott Christensen, Pat Sizemore and Pete Visser. Minutes of the December 16, 1993 meeting were approved as printed. There was a general discussion regarding the Double R Ranch protests received. Pat Sizemore reviewed his recapitulation of the protests, withdrawal of protests and ownership questions with the Commissioners. There were some protests which were disallowed as being too late and some were disallowed because they had signed no protest agreements. There was a general discussion with various parties regarding the status of the project. It was moved, seconded and carried to have Pete Visser contact Bond Council to determine the validity of the withdrawal of protests and report back to the Commissioners at the next meeting. Pete Visser reported that he had heard nothing further from the attorney for Inca on the records. The Commissioners directed Pat Sizemore to contact Eastgate Sewer District and see if they are interested in pursuing this jointly. Pete Visser advised the Commissioners that there had been no response from Dixon on the assessment delinquency. Pete Visser was directed to proceed with a lawsuit to collect the delinquent assessments. The Ragu ULID. No. 2 delinquency was discussed. The Commissioners directed Pete Visser to send a delinquency notice on that assessment. Pete Visser discussed the Elite Concrete lawsuit with the Commissioners and advised them that he had entered an appearance in that matter. Resolution No. 537 was approved creating ULID No. 15 for the Holeman Avenue sewer project. Duane Nelson was present to ask about water and sewer service to several hundred acres of property on both sides of the Blaine Road, between the Double R Ranch and the Alderson Road. He will meet with District staff to go over the details of his proposal. Scott Christensen reported: 1. The Loomis Trail Developer Extension is almost ready to start. A pre -construction meeting has been scheduled for 1:00 P.M., Thursday, January 20, 1994. The Utility Companies will attend starting at 2:00 P.M. The bid opening for the crossings under California Creek near the intersection of the Loomis Trail • a� r COMMISSIONERS OF BIRCH BAY WATER AND SEWER DISTRICT HELD JANUARY 27, 1994. M3ii13038 The meeting was called to order by Commissioner Lewis. Other /,G persons present included Commissioners Montfort and Reichhardt, Pat Sizemore, Scott Christensen, Glenn Golay and Pete Visser. Minutes of the January 6, 1994 special meeting were approved as printed. Minutes of the January 13, 19,94 meeting were presented for approval but were not approved because the Commissioners had not had an opportunity to review them. Pete Visser reported on the Double R Ranch-ULID procedure and status. He advised the Commissioners that the bonding attorneys have suggested that a new notice be sent out and that a new protest period be instituted if the Commissioners want to proceed with the current ULID process. The Commissioners asked Pete Visser about the possibility of a new ULID petition and proceeding completely under the petition method for formation of the ULID. Attorney Visser advised them that that was an acceptable alternative. It was moved, seconded and unanimously passed not to proceed with ULIDs No. 13 and 14 at present. The Commissioners advised the proponents of the ULIDs that the Commissioners would be willing to consider a petition for water and sewer ULIDs from the Double R Ranch area -if a new petition was presented. Resolution No. 538 was approved, changing the meeting dates to the -second and-fourth.Thursdays of each month at 4:30 P.M. at the District office. _; t" r -. - Cellular phone agreements incorporating the State Attorney General's recommended procedure were signed and authorized by the Commissioners for five District employees and one Commissioner. The Commissioners set a special meeting for January 31, 1994 at 4:30 P.M. at the District office to continue budget deliberations for the 1994 Budget. Pat Sizemore announced that there was an open position on the Boundary Review Board and that the Commissioners could submit nominees if they so desired. There were no nominations made at this point. Scott Christensen reported: 1. Waterworks, Inc. was the low bidder at $453,086 plus tax plus engineering for the California Creek crossing. The Loomis Trail golf course developers' attorney has been advised that the developer was being asked to pay for a portion of that but no reply has been received yet from them. The Commissioners decided to hold off for now on awarding the bids for that project, but they will need to be awarded soon so that the bids do not expire. 2. Scott presented easements for the California Creek crossing. Pat Sizemore was authorized to attempt to get the owners of the property to sign the easements. 3. Scott presented a preliminary schedule for the time - frames on ULIDs No. 11, 12 and 15. The schedule calls for completion in June of 1995. Pete Visser was asked to check on �4 _n nr. P-- �1,n F: -I �c-a-nc�c-+nnnt�r..l i, am ri nf7 THE FOLLOWING :ARE NOT COUNTED REC'D THE FOLLOWING ON 12-23-93; BRENDA DISCOVERED THEM IN OUR MAILBOX, NOT POSTMARKED, BUT W/S.29 STAMP ON ENVELOPE'. 10, W 1/2 David D. Mobley, Sr. 12-23-93 4391 Masterson Rd Blaine, WA 98230-9797 10, E 1/2 David D. & Terri L Mobley, Sr. I2-23-93 4391 Masterson Rd Blaine. WA 98230-9797 'THE FOLLOWING PROTESTS WERE REC'D FROM FOLKS WHO E-kD PREVIOUSLY SIGNED "NO PROTESTS" FOR BOTH WATER & SEWER IN ORDER TO RECEIVE NZ`ATER SERVICE'. Z 17, N 1/2' 7`� 67, W 1/2 y 69 .o 70, W 1/2 1, 3. 7, John & Betty_ Kind 5240 Sprott St v Burnabv BC Canada V5G 1 T5 Paul Wadsworth =1 1 1-14881 104th Ave Surrev BC Canada %*3 R I Vi6 12- l 1-93 (signed no -protest) i (12-iS-92) 12-11-93 (signed no -protest) (03-30-93) David H. & Doreen C Barrie 12- l 1-93 04-5055 Imperial St (signed no -protest) Burnabv BC Canada V,-;J 1C9 (04-13-90) Llov_ d H. & Patricia R. Bunkowski 12-1 1-93 =21-1391 1 70th Ave (new address) (signed no -protest) Surrev BC Canada V3W 6B4 (08-06-90) 81 Jose A. Jr & aurora S. Manzano 13136 24th Ave Surrey BC Canada V4A 2G1 189 Theodore E. & Carol J Kostiuk 1128E Lougzhren Dr Surrev BC Canada %'3 R 4Z3 1 % l 1-93 (signed no -protest) (04-13-93) 12-11-93 (signed no -protest) (07-30-90) 1.4A 9a 3.h 104 Kelly Campbell (taxpayer) 12-11-93 4 16-9400 128th St Surrey BC Canada V3V 5W4 - 4246 Cody Rd Blaine, WA 98230 i RECEIVED NOTICE OF WITHDRAWAL OF PROTEST!! 7, W .1/2 Cosimo & Maria G. Scali 12-11-93 1962 E 49th Ave j Vancouver BC Canada V5P 1T3 01-13-94 9, W 1/2 Tim B. Breden 12-20-93 19869 28th Ave Langley BC Canada V3A 4P5 01-13-94 9, E 1/2 Tim B. Breden 12-20-93 19869 =8th Ave Lanslev BC Canada V3A 4P5 01-13-94 11A Par Mac Bav Inc. 12-10-93 361 NE Guilman Blvd TE Issaquah, WA 98027 01-13-94 11B Par Mac Bav Inc. 12-10-93 361 v-E Guilman Blvd =E Issaquah. W.-k 98027 01-13-94 32, N 1/2 Gilbert & Angela M Holloway 12-1 1-93 7909 Carson Rd Blaine, WA 98230 01-03-94 39 Gerry F & Leona Marsolais 12-1 1-93 7816 Carson Rd Blaine, WA 98230 12-23-93 84 A Par Mac Bav Inc. 12-10-93 361 NE Guilman Blvd =:E Issaquah, WA 98027 01-13-94 84B Par Mac Bav Inc. 121-10-93 361 ti-E GuiIman Blvd =E Issaquah, WA 48027 01-13-94 r 9A.60.030 WASB3NGTON CRIIVMVM CODE 9A_60.030. Obtaining a signature by deception or duress (1) A person is guilty of obtaining a signature by deception or duress if by deception or duress and with intent to defraud or deprive he causes another person to sign or execute a written instrument. (2) Obtaining a signature by deception or duress is a class C felony. Enacted by Laws 1975, 1st Ex.Sess., ch. 260, § 9A.60.030. Amended by Laws 1975176, 2nd Ex.Sess., ch. 38, § 14, eff. July 1, 1976. Historical Note Laws 1975-76. 2nd F-c.Sess., ch. 38. Laws 1911. ch. 46, § 1. § 14. inserted "or duress" in subset. (2). Laws 1937, ch. 78, § 1. Effective date -Sever -ability -Laws RRS §§ 2617, 2619. 2673, 2674, 2696- 1975--76. 2nd Ex.Sess.. ch. 38: See His- 2, 2696-4. eorsrzl Notes following § 9A.08.020. Former §§ 9.37.010 to 9.37.060. Source: Laws 1909. ch. 249. §§ 365. 367. 421. 422. Library References False Pretenses cat et seq. and elernents, see Wash.Prac. vol. C.j.S. False Pretenses § 1 et seq. 11, WPIC 130.05, 130,06. Jury instructions, obtaining signature by deception or duress. definition 9A.60.040. Criminal impersonation (1) A person i-v-guilty of criminal impersonation if he: (a) assumes a false identity and does an act in his assumed character with intent to defraud another or for anv other unlawful purpose; or (b) Pretends to be a representative of some person or organiza- :ion or a public servant and does an act in his pretended capacity with intent to defraud another or for any other unlawful purpose. (2) Criminal impersonation is a gross misdemeanor. Enacted by Laws 1975, 1st ExSess., ch. 260, § 9A.60.040. Historical Note iourcc Laws 1937. ch. 78. § 1. RR-S H. 2615 to 2617, 2673, 2674. Laws 1909, ch. 249, §§ 363 to 365. 421. 2696-2. 2696-4. 42 Former H 934.010. 9.34.020. 937.010. Laws 1911. ch. 46, § 1. 937.030 to 937.060. Cron References :ssumeng to be attorney or officer of court. see §§ 730.010(6). 9-23.010(8). -: , ncc: or land surveyor, practcuag illegally u. see § 1&43.120. 376 Liquor permit, procuring by false pretenses, se Military insignia, unlawful wearing, see § _38.: Optometry, using false license, see §§ 18.33.14 osteopathy, unlawful practices, see § 18.57.16( Pharmacy, using false license. see § 18.64.250. Registered nurses, using false diploma, etc., se Substitution of child, see § 9.45.020. Veterinarians, filing false license, see §§ 13.92 Library Refer. False Personation al, 2. C False Pretenses -1 et seq. C 9A.60.050. False certification (1) A person is guilty of false cer- authorized to take a proof or acknc which by law may be recorded, he k the execution of such instrument %va thereto or that the execution thereof (2) False certification is a gross m: Enacted by Laws 1975. 1st Ex.Sess., ch. Laws 1975-76, 2nd Ex.Sess.. ch. 38. Historical N Laws 1975-76. 2nd Ex.Sess.. ch. 38, L § 15. substituted "A" for "Any" in subset. C (I). I Effective date-Severabillty-Laws L 1975-76, 2nd Ex.Sess.. ch. 38: See His- L torical Notes following § 9A.08.020. F sottrce: Laws 1854, p. 85, § 37. ' orgery -7(5). CIS. Forgery § 26 et seq. Library Refer Notes of Dec! 1. Notaries public prc Person's notarisation outside presence Thc of those whose signatures he is notariz- %Va ing falls within conduct proscribed by 7 -, LAW OFFICES JOHN C. BELCHER JACK O. SWANSON CHESTER T. LACKEY JAMES M. DORAN TERRANCE G. LEWIS June 23, 1994 BELCHER, SWANSON, LACKEY, DORAN & LEWIS 103 EAST HOLLY STREET. SUITE 401 BELLINGHAM, WASHINGTON 9A225 A Commissioners Birch Bay Water and Sewer District 709G Point Whiteho= Road Blaine, WA 98230 RE: FORMATION OF UL•ID 94-A AND 94-1 Dear Commissioners: TELEPHONES (206) 734-6390 (206) 398-1146 FAX (206) 671-0753 We have written to you earlier expressing the concerns of many of the residents of Double R Ranch relating to the formation of ULID 94-A and 94-1. These two ULID's are being formed by the petition method. Our earlier concerns related principally to the manner in which signatures were obtained on the petitions and the resulting legality of the entire ULID formation process. At your meeting of June 23, 1994, you will be holding your hearing on the formation of these two ULID's and we urge you to reconsider the issues raised in our earlier letter. There are two other issues of a legal nature which we would have you consider before reaching a final decision on whether or not to go forward with the two ULID's. The authority of the District to impose assessments is based upon the presumption that the properties assessed will receive some special benefit as a result of the improvement. The amount of the special benefit accruing to the property located within a local improvement district is the difference between the fair market value of the property before and after the improvement. The property located within a local improvement district (this includes ULID's) is not subject to an assessment unless it is specifically benefitted by the improvement. Another way of stating this rule is that the fair market value of the properties assessed must at least be increased by the amount of the assessment against each of those properties. This issue more often arises at the time the District asks for con f'_rmation of the final assessment role. That normally occurs after the improvement is in the around and all the costs are determined. If properties do not receive sufficient special benefits, then the law requires that the District reduce the BELCHER. SWANSON, LACKEY. DORAN & LEWIS Commissioners Birch Bay Water June 23, 1994 Page 2 and Sewer District assessments against those properties until the assessment equals the increase in fair market value which the properties obtained from the improvement. The'difference between that special benefit and the amount of the assessment represents funds which the District must recover from other sources other than assessments such as operating revenues. It is our understanding that many of the properties in Double R Ranch will not be substantially benefitted by the two ULIDIs. Many of the property owners have obtained the services of an appraiser who will be making that presentation to you at the hearing. The relevance of this presentation is that these properties will not be responsible for the substantial portion of the assessment levied against them causing the District to pick up the tab. Is this in the District's benefit? Is it in the public interest? As commissioners, you may want to fully consider this problem before authorizing approval of the two ULID's in question. A second collateral issue also needs your consideration. We understand that some of the properties which signed the petitions in support of the ULID's may well have no value because of constraints on development such as wetlands. 'If that be the case, then the owners of those properties have little incentive to pay their ULID assessments. It is sort of paying good money after bad. They have land which is valueless. Providing water and sewer to valueless land does not increase its value. A default then occurs. We suppose that defaults on assessments are not an uncommon situation for the District. It must be remembered, however, that the land and its inherent value is the source of payment of the assessments and, in turn, repayment of the bonds. If the land is valueless to the owner, it is certainly valueless to the District as well. This means that a foreclosure for unpaid assessments will not yield an asset capable of being resold to cover the indebtedness attributable to it. Once again, the District will be required to pay its bondholders whether or not the assessments are paid and whether or not the foreclosed upon land subject to the assessment is able to be resold. If there is a great deal of undeve lopable land or if the assessments against it are especially high, financial difficulty created by these defaults could be large. As commissioners, before approving the ULID's, this problem must be taken into consideration. We are advised that there are at least four lots with assessments in the $i5,000 per lot range which may well fall into this ' BELCHER, SWANSON, LACKEY, DORAN & LEWIS r Commissioners Birch Bay Water and Sewer District June 23, 1994 Page 3 category. This could result in a $60,000 default on the assessments, valueless collateral, and create a situation where the District would have to repay the .bond payments and interest represented by those assessments. The petitions submitted for these improvements met the statutory requirement of 51% by only a to or 20. In light of all the allegations relating to misconduct and the lack of special benefit to many of the properties we have to wonder if these two ULID's are really a good idea. We know that when other jurisdictions are faced with such limited support for their ULID's that they rarely proceed with them. The risks of default and problems are simply too great. On behalf of our many clients at Double you use your discretion and decline to proposed by the petitioners. Thank you for your consideration. Sincerely yours, JAC�t O. SWANSON JOS:nff R Ranch, we request that go forward with the ULID's .r'6326171249 ' 93 tlli2l 11:1 4 ?02 f 77115 R.'RI iA.,vr,,FJt YACRNT u�IltrciUS�Ar't Allo SALE AaMp.Ek,Etf(t Plrq* Irit� !1ary r i�' !` 1 ECTS 't0,r/! ,•� Loth x 1 GU AA6.10 Y+S�f7 rL) AiDYICR SEF4h - + l e r C GG ,gyp _ s GNrrrrJ, rrl. 861) er' _. M i c h a e � ! 1` t1 1 r P 11 Y C Mc f o r A t i� .._ .._ IEMAB z^? NWr t11ir1i3 fti it�i, on �•� r9P.J«In'• tlmtl �� :.. - •L µTl E 5 7. -. rEa oI] Arnie Rti-�,,<ar►.. - �► 1 c :'.: y. h 1u ..�„ •.., �• .� ...��,� f7 P? 2l C t Ll c it F.• �' I3 + ! Crtsl 1sa,S [ a as >III _ � rc� � �vliul�. 6a L7r1Iaa„1: I� l/4t WrQ :Ad�r 094071 R�6M1I to _. 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IN6PEOTrON, 'R1a A;I�rfenl lij�] u 4 :'V rr)l CcnC" G ILJ Cn 1 prcG)SII�ISI rdl(L'l�:l rtittynt'j ,nel4:Corl 0; F e IJMaorl/. dll Ii. 911den P5111.A gain floe )�y'OOVS hi118:1aA I.^s�,,:t,ti AOC,;1Cu'it, 3;SO or C The hrkl, W"N'16d5e Viol A0*ml hill no e3;>9r�e w i,d-.L11.11;erl�l;. ar c1 rGat*. , +. ZONIN0. S641 Wvranu that r4 C.0+a•1 jOfi"'9 Je1'j')a60n 13; LMLffIrC. That pro cerr 1, ►, +No ^—• �,..__ 1'prf7en r j q; ❑pllOfi�nt,prr lln Dr.tto w�Y +-- OIL�IJ+�jyr�,lhOlonn'tH..ODy'n•./r.�liacCltolIn.icA11:.'.ti.e,,�yu.:lmej ��•/i�'"•'.,1^t,id,nl-`—` �'rt��•ti'tlvr.��LCti.lLlrn®1oClr•CC^tP110:.14/rt�n u w�: l>�,r. I;Qnvrrl+iT�rrclnc)1)IE r oaen,-i'r].,14 '•� Earl Eil IfEri.44, l .;lY rU YT ll:r'r w:w:'� ru`II G a.d,o'.v Ira pw of alitA1rbGi,tt1•U.a1Nr1-""7tlttn:,JD,r1'•rS+c,*!rt'e112'.r10r'lnl.ut.1;'.'x'c4:'f,'hf:., - Y N1, b ,A Oetr*4J a%It INS UbII';�rl, (Ir c� I llroltl,t ) p 04 t L CuCc nl/al Cv/Ir3 rt•9:1. Ir'+a,r�;:a A; ;llf 1Nll'dir hiL'1!:I:.:i�IR,r"CNOIGI C�OSI}idUP CAL;. Th:1 $4:r thilll 'r 9ccs,w �n t t a r r_t1 I Als1,L: Escrow NTE'.twor'i:1�T1iC oti::nL9arrcl l� 9.j orriA ,I fly Yy'remi^I':tr4Ge.till,ty.—`� r ~ us V OgCnl La Bv19r I1\SG aVs;r•r;e. POS9tSS)ON, aW9r Ir.1n W M.)U" L, w,tGn.e!on �1 qr, a 11nq ❑ - ..101:nq'R.Ct►�L V',0 t1,1191Jti wI11tl1.A Qp.,L,7nGAt1 e'/ r14� C17 t.^C C:a /.1 n 9r8i14^:;wr ]'y.aC f IO fr' GI 5tWr^ r--- h Ctlr Ortttrd 1xi,e';Yt nmr•r.X r.epr A'W fell fwepltJ .n� _1 gIr'1 I i ; rJ a Ccsst>:'cn (-- pv rll PJ mdnlJn :,1 tr^?a�' and ha�»�j, w ant AGEIiaY 0CSCL0SunE_ Af tl» t prinp pl -Ja a�rtl�+e• 1, ll+l 1Mrinp As:9n1 B 01J T_ Il -- , A r 9 Gi ����^t�vc Real F.9taLN In< r,pr...nlM_the teller rrFrinr~.rerScor`�jr.rinaj—p�� —t _VJlhILIrIInpApr 111r2 0F e Aec't) llra�ertiea rttarrr9�nt.d t. h C 3 61 l e i i•ii. r—i•rrw a I t i.:i'7 �?�l �•l�Ti�"":��� ✓'ar hl eMt fry ^a3CL on. Es Yi far r1 SQ11C� l Lpro4 F•,1 :�.';',ri'�. C':I V •a• CUa' 7:.1 Nnr.wl'l,IrNWrt p1iV."ai W1U L'PntlaG ro �: DEFAULT ANO AITOR NY'8 rGC9. l(IAt l jp•M;.q c• I Oro'-Q! &I :10 G..;cr la,' r,Vl ut �;�r a•CV,i (p e_till) IS e` n0:on Vt Lvr:nOld 0' M C�pCfit1.: l'.un131 mOr'.t/ dC00A'l rr-Wlk by Dl/ U:7d •,1a1 bu to.la W :0 re II 1- 21 11"t ►s • AIJ tr .'.,sr..' f •tu 3. �.; » r-4 Sells (1) The 9Arn971 morF*j-0W3 not 910"j St: ul :K tv•':r'11/ P ":4. (2) i�di.X/111�vrUl:uny!r,rprflc+:Yp•�'ran•/!;,rat•:cr.i'.'r++`" D�O�I+c•� ` �• _ ` -(^jr•rlILv.rr,VGat J.,�t 3� 11' '"'�•":s'II've i.-GhIrPWtgr. 11 U 1fr, r. EG N bon co"W"10 rl� am rot nL11'J J `� ~ `�.•i� l ���-.� �• ..�,� �y 4.1i0`/.1r.,.I� r'IrC..11pa,elca9' .�. : ; .•, _ l � t!I "� i17'nlrl•tfYiNllr-o,C/sal;y„d1:rC9.7-* .d;t1.(:1:eeC:3•,r".1-a�C1._,:)vC:„I.C1vfn``3.t�• eS:JrL,f"ti'! 7t'GIM�I�9.VC.YC.AC.,I:er;N( V BVret. BUIr.. I . N r lint jrC1 r n.1 C� I try^.! :. a'r r,l '9 :L:r't e.,•:v. :: s�.! :Ct� •r� t r..t?'..+1 SrY-yr 1 Lr I, 7q a .! .r 01�11'ynV IIOt4FCrll fStJ ./:tCG � r 1' Y• .•a .'1 ... 'r w. if �� pr:'�".-1 Il :14:►J 0'6-iii:N tJ11,,IIl6. yr�tU 0'f+a •w R SpCu'lU rr :'1 G'•1 '1.1 -4. , -rl,•� • e •�J!'r 1-.l,r L• ::�O:.L`'i 11 iKA-n_ 7?% 17'V wln� SNIN FC1 C".la 41V ':1 y !: � !. ►� I:�rta CC'+ere ti ,r _ ..ter_ . ' 'i Yi'u9 LI Ct U�J'.y 1,147Gr.• InL'k• i r'" • •^n 1!t 1, v+Il ',^r-: l'C•;�.f.r.G":1 nol rra;Orr3.r1 ert`^ ua [1cl tj �fi9r LA Or lsak'r0" ur-3,� •!• "r:::.:-J .':' .:, ,,' �•`:S I.YY.,:l7:r.;'n•:I r.Y:II ^.l 731�"w0 OY S..'r a. lry n TL I. fNSURAl1CF, 94J9r1^0114104 Ltr; /r f/. 101'nA;9 r; 31 t:F.•'l lr�rta .. ._ter '.'l r, -von in V'rG •'Aai:, Nc�',C'A• 9m}1 Irr•'J rr. _ 1 �' ^ 0..� e' , �......... . . . ..rv.r rp.e. ... .... ... `. _ ... _ .- .. ... ESTIMATED CLOSING STATEMENT BUYER MICHAEL J. MURPHY ROBERT D. PETRIE MARY E. PETRIE 2412 Dean Ave. Bellingham, WA 98225 Property: Parcel No. 400129-094071-0000, Blaine, WA 98230 CONSIDERATION: Total Consideration DEPOSITS: Deposit By: MICHAEL J. MURPHY EXISTING & NEW LOANS: Principal Balance - John M. Homenchuk and Marion M. Homenchuk Principal Balance - AUGUSTO G. sYJUCO AURORA L. SYJUCO PRORATIONS: County Taxes at $598.39 per year ESTIMATED From 03/01/93 to 07/01/93 DISBURSEMENTS: Accounting Fee Paid To: SHELMAR ACCOUNTING TITLE CHARGES: Record statutory Warranty Deed Record Trust Deed SCROW FEES: 3ecrow Fees Sales Tax 3alance Due Escrow totals Estimated Closing Date: March 1, 1993 Escrow No. 1840 Page 1 DEBITS 125,000.00 200.01 30.00 9.00 8.00 295.00 23.01 125,565.02 TOTICE: This estimated closing statement is subject to changes, corrections or additions at the time of final computation of closi escrow statement. r ' L !lIOiYAEIi J `RpHy ROSEFL D. PETRZE MARY E. PETRIE CREDITS 1,000.00 14,232.16 84,000.00 26,332.86 125,565.02 Y-eq- Windermere Real Estate Birch Bay BAY STAR A LIMITED PARTNERSHIP Presented By: PETER LEWIS STEPHEN NELSON, C.P.A 'Indermere Real Estate/Birch Bay, Inc. -905 org3,, p•:.e e ,,,an,, ;'on 96230 M6 371-7222 Fax 206-371-3340 1 LOCATION (continued) for the wide variety of uses allowed under the commercial . zonin9 Y Directl south of the property, a sewer system is being installed. Ultimately, the availability of this utility will allow the development of this property to a different use that will provide a greater return for the investor, when market conditions allow. The site could accommodate up to 70 apartment units, which would make the land cost per unit about $3,600 - a very reasonable amount H TERMS The partnership has rights to purchase this parcel at a very favorable price with owner financing. The purchase price is $260,000, with $60,000 down and monthly payments of $2,671. The loan would be paid off in ten years. ADVANTAGES The Bay Star limited partnership is designed to allow ten units to be purchased by the limited partners; initial investment is $8,000, and an additional investment of $7,000 when required for development. In order to make the monthly contract payment, each investor will make a $350 monthly payment, until cash flows are sufficient to reduce or eliminate this payment. This sized investment, when coupled with professional management, allows an investor to participate in a well designed investment program without having to commit large amounts. The partnership is purchasing this parcel for $1.52 per square foot, well under the area of $1.81 per foot asked for on other parcels in the vicinity. The entire project will be under local guidance and control. The organizers are Mr. Stephen Nelson and Mr. Peter Lewis, who will be the general partners. In that capacity they will be responsible for the development and operation of the business and management of the partnership. i 14 Windermere Real Estate Brc:;h Bad ANCf!0k MAl10R- (PROPOsEb) !9.2 A CR E-3 So 1-0 r'.S SI,V &4E F'A M /LY R c USMI G 19 20 SIR CH DAY VLYJVAAW R&Ab BORON 6A!'— CHAS JA880J A i4 M BROWN GLEMMAN ETAI -V•Jr►YgORq'rti..fl • 70 17 1 I.IV.� I ea.vu0. 4 85-4 1 I J * o � I �( X x r t SITE SITE ,,F• 19.11A 12.73A 12.73 A 12 73•A 10 LEM—_ .. 7 6 s Y e�flbti�nlx� 5 /3L X 1 5 �(� , ,..tnq•a I x0 - �7 1 , I �If 1�• 'r q �3y 113 1 0004rc1 MAf.'fr fCv qC= COMMON � :.4f4 ]� as s' o 17no 1 - cam` l ` DOUBLt o Z ID s� max--°w''�""1 � � � ± o� o,� ,� o°l ., i.���' � � � 1 �Q •y�� . opt• •x�' . '� COMMON AREA 0 40 i lWindermere Real Estate/Birch Bay. Inc. -_ _ - --- WHATCOM COUVIYAUDITOR Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County MARCH 15, 1995 WILLIAM E. BIRCH 4324 BRIDGER RD BLAINE WA 98230 RECEIVED FROM WILLIAM E. BURCH THE DEMAND AND RECALL AND DISCHARGE OF DONALD MONTFORT, COMMISSIONER OF BIRCH BAY WATER DISTRICT. SHIRLEY RSLOF WHATCO COUNTY AUDITOR Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 738-4556 R E T U R N 0 F S E R V I C E STATE OF WASHINGTON ) ss COUNTY OF WHATCOM ) William E. Burch Plaintiff Cause No. vs Donald Monfort Defendant I, DALE BRANDLAND, Sheriff of Whatcom County, State of Washington, do hereby certify Letter of Receipt of Demand For Recall By Whatcom County that I received the annexed Auditor ShirleyForslof f om William E. Bu ch• Demand �c Recall of Birch Bay Water Di—strictCommissioner Donaldon or an t ac e-n s ere on the 16th day of 19 95 for service upon the defendant Donald Monfort _ named therein: that I served same on the 16thday of March 19 95, at the hours of M. within the County of Whatcom, State of Washington, as follows: PERSONAL: By delivering to and leaving with Donald Mnnfnrt the said defendant personally, a copy of said above mentioned documents SUBSTITUTE: After diligent search and inquiry, was unable to find the defendant_ I served by delivering to and leaving with personally, he being a person of suitable age and discretion, then resident therein at the house and usual abode of said defendant, a copy of said above mentioned documents CORPORATION, On said BUSINESS, (Name of Organization) OTHER. by delivering to and leaving with (Name of Person) the of said (Position) (Type of Organization) a copy of said above mentioned documents GARNISHMENT: On said (Garnishee Defendant) by delivering to and leaving with (Name of Person) the of said (Position) (Type of Organization) at its office at (Address) (City) a copy of said Writ of Garnishment, accompanied by four answer forms, three postage prepaid envelopes which were pre -addressed to the Clerk of the Court, the Plaintiff or his attorney, and to the Defendant and a check in the amount of $10.00. Dated this 20th day of arch 199_ DALE BRANDLAND, Sheriff SHERIFF'S FEES: Whatcom County Service $ ' Travel $ By TOTAL $. Merlin Shcvang Deputy are plavzju 'WNArco M COUt4T. AUD170k AIAL; 2 1 1995 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR WHATCOM COUNTY IN RE: ) C j 51 THE RECALL OF DONALD MONTFORT, ) COMMISSIONER OF BIRCH BAY ) PETITION TO APPROVE WATER DISTRICT ) SYNOPSIS AND TO DETERMINE SUFFICIENCY OF CHARGES I. COMES NOW the preparer, RANDALL J. WATTS, in accordance with R.C.W. 29.82.021 and petitions this Court for approval of the synopsis and to determine the sufficiency of the charges. Said synopsis is certified to this Court under separate document. II. Said Court is the proper forum in that Donald Montfort is a commissioner in the Birch Bay Water District, said district being within Whatcom County. As such this court shall set a date for hearing within 15 days of this Petition and shall direct the Clerk of the Court to notify the one named in this Petition as well as the one bringing the charges to review the adequacy of this action in accordance with R.C.W. 29.82.023. DATED this A0 day of March, 1994. Respectfully submitted, RANDALL J. WA WSB # 6314 Chief Civil Depu Prosecuting Attorney Office of the Prosecuting Attorney Whatcom County Courthouse 311 Grand Avenue Bellingham, WA 98225 Phone: (206) 676-6940 Facsimile: (206) 738-2532 -Petition- SYNOPSIS OF THE CHARGE Commissioner Donald Montfort of the Birch Bay Water District continued to develop a ULID by resolution method after his right to do so had been divested by operation of law because the percentage of protest was in excess of 40%. When challenged Commissioner Montfort refused to allow a count to occur by an independent person. He is alleged to have knowingly allowed votes to change after a deadline set by the District. Commissioner Montfort did assist in obtaining signatures on a new Petition under deception and duress, by advising the electorate that unless the ULID was accepted the District would cut off water supply to the property within the ULID. In this new Petition four undevelopable lots were included in order to shift the percentages. Commissioner Montfort has failed to protect the rate payers of the District from illegal assessments in that the utility does not benefit the property in the amount of the assessment. Commissioner Montfort knew that one of the other commissioners was to gain personally by this action and allowed that to influence his decisions. STATE OF WASHINGTON ) ) ss. CERTIFICATE OF SYNOPSIS COUNTY OF WHATCOM ) I, RANDALL J. WATTS being the preparer of the synopsis, hereby certifiy to the Whatcom County Superior Court that I am forwarding to the Court a true and correct synopsis of the charges that have been laid against Donald Montfort. In addition, I certify that I am transmitting with this synopsis a true document of the charges which have been laid against Donald Montfort demanding his recall. Said certification is made in accordance with R.C.W. 29.82.021. DATED this -:2 6 day of -Certificate of Synopsis- 1995. 1 ANDALL J. T WSB # 6314 Chief Civil Dep y Prosecuting Attorney Office of the Prosecuting Attorney Whatcom County Courthouse 311 Grand Avenue Bellingham, WA 98225 Phone: (360) 676-6940 Facsimile: (360) 738-2532 I WHATCOM COUNTYAUDITOR Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County March 15, 1995 David S. Mc Eachran Whatcom County Prosecuting Attorney Whatcom County Courthouse Bellingham, WA 98225 RE: Demand for Recall of Birch Bay Water District Commissioner Donald Montfort THIS IS TO CERTIFY that the attached is a true and correct copy filed in the Office of the Whatcom County Auditor, Bellingham, Washington on March 15, 1995 of the Demand for Recall of Birch Bay Water District Commissioner Donald Montfort filed by William E. Burch of 4324 Bridger Road, Blaine, WA 98230. Shirley For of Whatco County Auditor Dated this 15th day of March, 1995. Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 738-4556 Under the provisions of Sections 33 and 34, Article 1 of the Constitution of the State of Washington and as provided for in RCW 29.82 I, William E. Burch a registerRJE 40 7I V E ] voter, demand the recall and discharge of Donald Montfort, Commissioner Q�� K0ItsloF Bay Water District. MAR 1 5 1"S My charges against Mr. Montfort are malfeasance, misfeasance, and nonfeasance. Commissioner Montfort continued to try to find a way to proceed to form ULIDs by the resolution method after his right to do so had been divested by RCVjL57-1fi.060. ,r .,.;...... Evidence: 1.a Notice of hearing on creation of ULIDs 13 and 14, paragraph 3 - listings 1 and 2, Rights to proceed further were divested on Dec. 21, 1993 by a protest in excess of 40%. 1.b A copy of the minutes of the commissioners Jan. 13, 1994 meeting showing the commissioners were refusing to accept defeat of their resolution and looking for a way to carry on. 1.c A copy of the minutes of the commissioners Jan. 27, 1994 meeting showing the commissioners were still working on the resolution with no right to do so. Commissioner Montfort knowingly allowed Pat Sizemore, Manager Of Birch Bay Water and Sewer District to misrepresent the percentage of the protest against the resolutions. He has refused demands for a count of the protest by someone other than Water District associates. Evidence: 1.b Commissioners meeting minutes Jan. 13, 1994 where Mr.Sizemore's count was accepted over numerous objections which were only listed as "general discussion". 2.a A copy of a page from the water districts protest tally on which Mr. Sizemore incorrectly states that lot owners "had previously signed "NO PROTESTS" for both water and sewer". 2.b A copy of a "NO PROTEST" showing these were designed for sewer only and had no dealings with a new water service. This was Immediately pointed out to the commissioner in the "general discussion", but no action was taken. Commissioner Montfort did nothing when presented with proof that Manager Sizemore had conspired with Ranch Executive Billie Squires to get people to change their votes after all rights of the Water District had been divested. Votes were changed after a deadline set by the Water District. Evidence: 3.a Copy of a letter from Billie Squires in which she mentions changing votes on the advice from the Water District. 3.b A copy of the districts tally of withdrawal of protest, the majority of which were withdrawn over 20 days after the voting. f Commissioner Montfort did assist in the obtaining of signatures on a new petition under deception and duress, a violation of Washington Criminal Code 9A.60.030. At the public meeting held January 27, 1994, Manager Sizemore stated that the district did not have a contract with the Double R Ranch to supply water to our system and might not be able to continue serving water in the future without the ULIDs. Note - the Double R Ranch has been receiving water from them since 1965. The Commissioners allowed this threat and followed up on it by telling the proponents of the ULIDs that they would accept a new petition. This threat of cutting off our water in order to obtain signatures is a direct violation of the above criminal code. Evidence: 1.c The copy of the Jan. 27, 1994 Commissioners meeting minutes. 4.a Washington State Criminal Code 9A.60.030 Commissioner Montfort accepted a new petition, the one set in motion with a threat of a water shut off, on which four swamp lots, (wet land that probably can not be developed) were included. These lots were purchased by the proponents of the ULIDs to get the tally over the required 51 %. This places the rate payers of the district in jeopardy of higher utility rates when the owners of these lots default and the district has to pick up the tab. Evidence: 5.a A copy of a letter from attorney Jack Swanson in which he mentions the possibility of the district ending up paying the assessments on these lots. There has been no response on this from Commissioner Montfort. Commissioner Montfort failed to investigate a situation where District Manager Sizemore provided advance information to investors about sewers going in the Double R Ranch. These investors bought land that would benefit. This put the District in a bind to force the ULIDs on Double R or face the investors. The Commissioners were given copies of real estate documents and a name and telephone number so they could follow up. Not one call was made. Evidence: 6.a and b Copies of real estate documents are attached. the buyer was Michael Murphy, Ph. (360) 733-6132. Commissioner Montfort has failed to protect the rate payers of this district from unfair and illegal assessments. State law prevents any assessment being placed for a utility that does not benefit the property at least in the amount of the assessment. About thirteen lot owners had appraisals done on their properties. In each case the amount of the assessment being levied against properties in the Double R Ranch was in excess of the benefit. Most will benefit less than 20% of the amount of the proposed assessments. Evidence: Copies of individual lot owners appraisals and assessments can be provided upon request. E T' Commissioner Montfort was influenced by the knowledge of Commissioner Lewis's bussiness arrangement which stands to profit by forcing the Double R Ranch into an overinflated ULID package. Commissioner Lewis is in a partnership which is marketing the land area in evidence just north of the Double R Ranch boundry. This act is a gross Malfeasance in that Mr. Montfort failed to protect the rate payers from this action. Evidence: 8.a A proposal offered by Bay Star Partnership / Windermere Real Estate. Page 2 under the heading of Location there is mention of benefit from the sewer utility being installed directly south of the marketed area. Page 6 shows the site as being directly affected by anything in the Double R Ranch. ''� II1 �• �UIr.� r 37/ ` 3 This is a copy of *hat lot; owners,signe�a to. get water service. 2.6 Plea'se note that .this is for sewer only. This is what Pat Sizemore and/or .the district used to disallow water. protest and try to kill the protest. AGRZEMENT TO FUTURE UTILITY LOCAL IMPROVMMENT DISTgICT :>. WHEREAS, the owner- o; :be fJ (hereinafter ca].ied._;,Ownes"j Prtsae r�r! _y situated" within the 8ou'ndarj-es of Birch Say Water and Sewer Dist—Zict described hereinaftker;'and Owner des°res to obtain prcoe�vp on :rote_ service to said Sav W ater called '• and Sewer l7ist=ict �o District"). and hereinafter IV rREAS, sewer se= ,-:ce is not now reasonably avai serve said property; and lable to WHEREAS, Vie Dwstr:.:t ais;;es to assure t as -hat, ❑'`iar prClCPr�y the area Of the property described herev Aced, service is aWde a r;-1 - -- e : and in s,ea-r r;. rove-e.~.35�ist__�t�fo�_:ct ant_cizat_s that 1 [�=_i_ty Local r-nst_ a t =7 0l octi.un - the _ %cep _1 d6sCr",--e d n as. wiCilastc�:sdsa .Couz-' ' referred to,:er�in is situatedtr, and is =ore -particularly described . wT` — j_' Az ._ - v -sue the D:.str_ct -ail, Ct of -a=-r avaz_ab__ztr and yr = = provide a le er desc='_bed he cc prcli z _a-ar ser•:ice to the arapertr Dist_ ,.,upcn aai-ent o: all fees and charges sat by the• J / ^-ct a s reso__ticns an the date o� aC ci i^.Zti�n for service any/ ❑y t~e date Cy =ZV:_Anti or S.A A - 3. _ _ L�_a_ zt�on. 01r �t executors, ad �i.~.ist=atars, e r himself, his heirs, as=i ns cr and acrees to t � succesYars in interest, requested by _-`e ni the District that :se wi=1, whenever Petition or ary o�:ser c-iastr,tc C'a' so, , s «ya a-y letter, notice. I;Si1��C the _`c� „Ztrc .3 �1^.7 • Fur `-hAr Lnq 'ar the -C:t' CSC 3 at�41i� _LOcZ L ar, - e ot+rr+�se a: •-av_dz - l 7�rauprapnt District described sewer• sP==ica rto the prcaA..y here_n. ❑rner __r►ner a -ea t . �- s a actively prcmats the I:.�a7:�, vtS;Ei, :S�OEi i :M,•�S';� ZIIICE lax 631 ... .� l-*oir. -a&SwjwC:rr nZA4. '''1 J 1 5 Paae: 141 File NO: :93 Ct4:= I714F �f THIS IS .`!`: PERSONA:.. Rr?LY TO LETTER DATED Fri t-'ARY I3 ca FROM JIM AND JOY HUNTER A.ND GEORGE AND SHIRLEY S ARGE_ NT TO THE BOAR] OF TRUSTEES IT IS VEITZ MN- FORTLTiA = THAT SO Mr NY MISM-NDERS=ENDINGS HAVE OCCURRF.D ARISING OUT rziE T::E SETATER A -ND WATER L? IDS . I PRE SL�!:- IT IS :L?LA- NA-;-URE 1-0 JU`M? TO BELIE,i:. :v A.T YOL WATT TO HEAR. Y:,S, WE: DID TRY TO CHA- GE,VOiES -_ T,,� (OWNERS, -WHO WA-VT� SEWERS ` ;. NOT -- iZ- BOLRD); WER;.ti_TOLD-BY- TL:E: DISTRICT THAT- VREU. --WAS, A�"TL%E%- �ROL'ND PERIOD'-'- IN Tjj:EIC'H WE'- COLZD`" GET O�v-YcRS T0� xNiia-iDR+�;+T� THEIR., .. �. r • ?ROTESTS TN ; DID T:-AT': T„r WERE TOLD AT THAT TIME THAT STATER "r. -D ?ASSZ.D AND WE TNERF. LATER TOLD THAT SINCE T:RE OPPOSITION • HAD �'r DL SO 'L-k-N-Y THRE ATS rH-, IS TdHy BOTHI WATER AND SEWER FAMED , AS THE 3ONDI`iG COMP -NY DID WIZ: DRAW OUR FINANCING. YES . Toy-;:`iTER CALLED �r- RED-RDING HER COUP '-ZNTS AND I TOLD HER, -0 yvR= A L_ET-T R. TNT WE'RE CERTAINLY NOT COVERING UP TciE "i.:?=RONT" COSTS FOR PER_`rITS, ETC. OF ABOUT S450 AS THESE COSTS :JER.:. STATED AT EAC:i OF THE DECE:BER ZHEETT_NGS . AS FAR AS THE $00C COST TO BRING FROM METER TO TRAILER, WAS `RELY A -. DICA''_'=OV__SINCETHE OWtiLR CAN DO HIS OWN DIGGING AND HOOK- L? . r �L= VVr3 _ ..-ARD ANY CWINER S*AY T: - COS - TNOLLD BE ONZ" $20 =0 S$0. :_•! COYC:.—C—ZD _ 0R --'.-.OS--- M-i"N .:S :v=0 CAN O: AFFORD _C = AY T::=. PER M-0 . -'= :_CR. 3 _ : �r %.OR= CONC=R`,=D _ 0_. :__ 0: 'S AS TO - 6 -_ _.:_ C�3 :vLL.. 37 !i0:v - _-- -= = S==- 0= :d__S=`:G-O`: S INt;cLT, -:OT t�:V:� :J:::._ C: _ �!=.i�iJ _ :. ;0"._. �_ AS C.- iL '7! 7 3=:.- %�- --'i AND ==^.S= :.�''.-A_�iS- D_D _ := S__•r_ (NOT AS 30.1 =OR::.:! J_ :v:.=E_Z -Nr -THE =`:C_- :v-- �i0: E 0= -'DS - = 3 : -HE O:vN' :Y =C �'::RNED ::T-=DS . 70R D=_S DECIDED .. y. BO..R:,' A.iD IS SIG:i=D 3'- _ :_ ?RES=D7.:i a ,:) 7 5=C3:.TA3Y n: _ _ :. 30 D VOTE . -- IS C: `i`;,0 3E D=3-=^r'_=C ti.=R `rCyi 30r D OUR. E�+_ =-'•_=---`::!_::_' C A.R:ERsc:: _ :-?:"S , T :_`::::NG=:;::0G „:S, S.S_5 :A0 O 0E XCi SC:_•'- =R0M 0L-R Cz_: FN0- D S. ---_-_::C R_.::C..: O-R 3'_-_.:�5 C:.*Z ---- -_- -_;.^:O=R _-=.:A::C=::G __ zt C...•.._... _ _ �.._ Cvr. Zv:1✓ y� .. -._ _.IV .. .V �.� BEFORE THE HEAVY RAINS. ALL OW�;ERS ARE PAY_`;G . (AC'`'%AL WHEN JOY CALLED ME SHE- GOT LIORE EXPLICIT PC=S=.NG A FINGER AT ONE -OWNER WHO SHE SAID WAS ALWAYS LATE W`THE DUES AND NOW SHE HAS N 1,,J CULVERTS & GRAVEL - I PRESLMEE S-E KNEW rN O ?A_`D ON TIME SINCE SHE ASSISTED DEAN WITH THE BOCKS) . LAST, BUT NOT LEAST, 3AC:t TO THE1ii:NTER' S FAVORITE SL3.:ECT BILLIE SQUIRES ACTING AS - .., -TREASURER. Sr_= IS wh-Y'"AND WHEN I TOOKOVER— THE, OF ISSUING i=:�RY C�ALT,vyC.{�S. :.BOEr S_I�_.n = ExS:�" �;iiwr,-�• •. mCOLLECTION OF DMES: WE HAVE BEEN THROi:G _c BEFORr, r� E!1 n T:= A PREVIOUS TRUSTEE DEMANDED AUDIT BECAUSE 07 SAT HE FELT WAS NEGLECT Iv RE?ORTI�iG FINA.VCEAT I:1FOR`�f-�T=O`l .IO�iT:?i.Y, LUND OT::ER ERRORS IN ALLOCATION Or :'U DS . W;:EN DE. ti 1:UNTER L - - . THE BOARD 0 MOVE To TORO:iTO , DOREEN BARRIZ it—, ' r'ER✓- .O TAKE OVER THE BOOKS AID STRA_G::TEN OUT THE CO`;==DER.=3L- `ASS THAT THE BOOKS WERE IN. I AM Si: RE DOREEN W_L=. VOUC:: FOR THIS " AS SHE REPORTED" TO THE BOARD THAT IT TOOK `f�`i':, iLAVY O!:RS­T0 CORRECT ALL THE ERRORS AND GET i �: BOOKS RL':-DY TO GO TO T::= CPA FOR THE TAX WORK. IT W.i S T_�E?ORTANT THAT CUR TA+C:.S 3E DONE ON THE AS THE ?REVIOUS YEAR UNDER 9.E SAL _?=ASiR=R, :vE WERE FINED �550 FOR LA:_ RE?OR TNG Or TAXES . OUR C?:. G07 ;:S OUT Or T:--:A=' FINE BY TELLING IRS T A- -- WC =D NG� ..:.?:-. AGAIN AND T': AT `��Y3E T_-= C:.NAX—l`' :R=:.Si:ZR y .,_� ,G . I:MORTANCE 0: RE?ORTI`;G O T_``, I_ N:_S :3C, _ -,:IS_..- T HE 30ARD VOTED is AT TH E C ? A W 0 n D DO TH_7 `!C`'— R=.?0=-S ' -' ` A COST 0- S50.00 PER M.00 =�.37'7DOR=EN -:E=R:?= =:D_�_D S0 _. :_�� �r. =v;=Tt-I ` = �� -CON ?O:NT SvaEN ABC:CiZ= HE MEM,AkNDED I TUR`30OtS OVER 0?`=-N':: I D:D CA�o� 0N V NAI RZ-_ _.-Q:-'. DOZE _: �- ;- 3ACt ADD SAID :0 77-3 I= jEr�EE.`:_-_ %vG G= __ - SO :;u 0UT SO:_` CONTROLS T::._ WEE ARE C^,:;'=`i;.I`;C :-HERE 0� ?EO?-.. K :_f-5-==•-=-';G l -`•1 I- SC 130 I: ND THE 3 � S'r. . OVER T::_ t-:.....?-.ONZ- , _TOY . U _w.? .•?:,_ 0�1_ `.0 . .- LIVDA ST=? E`iSIS RP.;NItiG A DAY CARZ._ GUESS _ _ TO ?i:RSL_ T ?T, BL'� FOR _--_ RECO:J L=�;DA CA �_ FCR -=i C•. ?`:DC =_C AND HAS RD:A_VS1:I? 0: 0`iE _EENAGE- _.. �� r NOTICE OF ADOPTION OF RESOLUTION OF INTENTION TO CREATE AND NOTICE OF HEARING ON CREATION OF UT LITY LOCAL BOROVEMENT DISTRICT - U.L.I.D. NO. 13 YOU ARE NOTIFIED that on October 21, 1993, the Board of Commissioners of Birch Bay Water and Sewer District, Whatcom County, Washington, adopted Resolution No. 532 declaring its intention to create Utility Local Improvement District No. 13 ("ULID 13") and to order the construction of certain improvements to the sewer system of the District within said ULID 13. The boundaries of the proposed ULID are as set. forth in that resolution. The proposed improvements consist of the acquisition, design, construction and installation of the following improvements: approximately 13,700 feet of eight-, twelve- and fifteen -inch gravity sewer lines along Hickok, Custer, Boone, Masterson, Bridger, Cody and Carson Roads in the area of Birch Bay known as Double R Ranch. The estimated cost of these proposed improvements, and other expenses in connection with the improvements, is $1,185,794, of which 100% will be paid by special assessments levied against the property within the proposed ULID 13 specially benefited by the proposed improvements. 'Me assessments levied in ULID 13 shall be for the sole purpose of payment into such revenue bond fund as may be specified by the Board of Commissioners for the payment of revenue bonds to be issued to defray the costs of the -above improvements. Actual assessments may vary from the assessment estimate so long as they do not exceed a figure equal to increased true and fair value that the improvements add to the property. You are notified that a meeting of the Board of Commissioners will be held at the District office. 7096 Point Whitehorn Road, Birch Bay, Washington, at 1:00 p.m. on Saturday. December 11, 1993, which time and place are fixed for hearing of matters relating to such formation and improvements and for determining the method of payment thereof. Persons desiring to object to the improvements and the formation of the proposed ULID 13 may appear at the hearing to state their views. 1. All persons desiring to object to the formation of the proposed utility local improvement district must file their written protests with the Secretary of the Board no later than ten (10) days following the public hearing. Protests should contain tax lot numbers or other identifying description. 2. If the owners of at least 40% of the area of land within the proposed utility local improvement district file written protests with the Secretary of the Board, the power of the Commissioners of the Board to proceed with the creation of the proposed utility local improvement district shall be divested. 3. 77te name of the Secretary of the Board is Peter Lewis. T7ie address of the Secretary of the Board is 7096 Whitehorn Road. Birch Bay, Washington 98230-9675. 4. 1'Ite names of the property owners within the proposed utility local improvement district are kept available for public perusal at the District's office from 8:00 am. to 4:30 p.m., Monday through Friday. b:•.bbwsd'.db1 ss•r.1tm%19339 The estimated amount of the cost and expense of such improvement to be borne by and assessed against the described lot, tract or parcel of land of which you are the owner or reputed owner as shown on the tax rolls of the Whatcom County Arse or is as stated below. 6 Peter Lewis Secretary of the Board of Commissioners Birch Bay Water and Sewer District Name of Owner William E & Kerri L. Burch 4232 Bri-Iger Rd Blaine WA 98230 Legal DescriRtion of Property 400129 228317 Lot 11, Double R Ranch Plat, Whatcom County, Washington, as per the map thereof recorded in, Volume 9 of Plats, Page 87 in the Whatcom County, Auditor's Office. Estimated Amount of Assessment A atnst the Foregoing Property RECEIVED General facilities charge = $707.00 DEC 15 1993 Local facilities charge = $7738.50 WATER & SEWER [)IST. Total = $8445.50 IF THIS NOTICE IS RECEIVED BY SOMEONE OTHER THAN THE OWNER OF THE HEREIN DESCRIBED PROPERTY, PLEASE FORWARD TO THE OWNER AND NOTIFY THE SECRETARY OF THE BOARD OF COMMISSIONERS. � a s1 {-o r A) ur•�2r / .� �2✓li(� �1� L it - �r..JL cP_(�%2 r� '_ rr; ��... I'll r:..-i'_•��.1-�..Y--_� t -��� ,1,.�,�t'.�� b .bAwW dtilrswr.lrm%ly339 NOTICE OF ADOPTION OF RESOLUTION OF INTENTION TO CREATE AND NOTICE OF HEARING ON CREATION OF UTILITY LOCAL HAPROVEMENT DISTRICT - U.L.I.D. NO. 14 YOU ARE NOTIFIED that on October 21, 1993, the Board of Commissioners of Birch Bay Water and Sewer. District, Whatcom County, Washington, adopted Resolution No. 533 declaring its intention to create Utility Local Improvement District No. 14 ("ULID 14") and to order the construction of certain improvements to the water system of the ,District within said ULID 14. The boundaries of the proposed ULID are as set forth in that resolution. The proposed improvements consist of the acquisition, design, construction and installation of the following improvements: approximately 13,000 feet of eight- and ten -inch water line along Hickok, Custer, Boone. Masterson, Bridger, Crock -et, Casey and Carson Roads (to replace existing water lines) with fire hydrants along said roads in the area of Birch Bay known as Double R Ranch. The estimated cost of these proposed improvements, and other expenses in connection with the improvements, is $753,428, of which 100 o will be paid by special assessments levied against the property within the proposed ULID 14 specially benefited by the proposed improvements. The assessments levied in ULID 14 shall be for the sole purpose of payment into such revenue bond fund as may be specified by the Board of Commissioners for the payment of revenue bonds to be issued to defray the costs of the .above improvements. Actual assessments may vary from the assessment estimate so long as they do not exceed a figure equal to increased true and fair value that the improvements add to the property. You are notified that a meeting of the Board of Commissioners will be held at the District office, 7096 Point Whitehorn Road, Birch Bay, Washington, at 1:00 p.m. on Saturdav, December 11, 1993, which time and place are fixed for hearing of matters relating to such formation and improvements and for determining the method of payment thereof. Persons desiring to object to the improvements and the formation of the proposed ULID 14 may appear at the hearing to state their views. 1. All persons desiring to object to the formation of the proposed utility local improvement district must file their written protests with the Secretary of the Board no later than ten (10) days following the public hearing. Protests should contain tax lot numbers or other identifying description. 2. If the owners of at least 40 0 of the area of land within the proposed utility local improvement district file written protests with the Secretary of the Board, the power of the Commissioners of the Board to proceed with the creation of the proposed utility local improvement district shall be divested. 3. The name of the Secretary of the Board is Peter Lewis. The address of'the Secretary of the Board is 7096 Whitehorn Road, Birch Bay, Washington 98230-9675. r 4. The names of the property owners within the proposed utility local improvement district are kept available for public perusal at the District's office from 8:00 am. to 4:30 p.m.. Monday through Friday. II:`.II©\V%D'DbRt'I�.:nn+19338 t / -3 L J.' •�. / �� ,Ll ice- I .1 The estimated amount of the cost and expense of such improvement to be borne by and assessed against the described lot, tract or parcel of land of which you are the owner or reputed owner as shown on the tax rolls of the Whatcom County Assessor is as stated below. Peter Lewis Secretary of the Board of Commissioners Birch Bay Water and Sewer District Name of Owner William E & Kerri L. Burch 4232 Bridger Rd Blaine WA 98230 Legal Description of PropeM 400129 228317 Lot 11, Double R Ranch Plat, Whatcom County, Washington, as per the map thereof recorded in, Volume 9 of Plats, Page 87 in the Whatcom County Auditor's Office. Estimated Amount of Assessment A;ainst the Foregoing Property , General facilities charge = $1497.00 Local facilities charge = Total = $11896.50 $13393.50 DEC 15 i993 '•dA 4 "a sx JtNER DIST. IF THIS NOTICE IS RECEIVED BY SOMEONE OTHER THAN THE OWNER OF THE HEREIN DESCRIBED PROPERTY, PLEASE FORWARD TO THE OWNER AND NOTIFY THE SECRETARY OF THE BOARD OF COMMISSIONERS. rj r-514 ilz k- r-- � � s�� � 0— / v joTz ort_ c/l }G, art �y„r / � y,.yL jv ��1.�r _:.:c.:� �.ro �'.r) �o r '1./�Z. 0.�C✓?• �7r+%��?ri ,� G' S: bbwsdNdh1rsw•r.:rrnA9339 DES OF THE BOARD OFF.. - x COMMISSIONERS OF BIRCH BAY WATER AND SEWER DISTRICT HELD JANUARY 13, 1994 The meeting was called to order by Commissioner Lewis. Other persons present included Commissioners Montfort and Reichhardt, Scott Christensen, Pat Sizemore and Pete Visser. Minutes of the December 16, 1993 meeting were approved as printed. There was a general discussion regarding the Double R Ranch protests received. Pat Sizemore reviewed his recapitulation of the protests, withdrawal of protests and ownership questions with the Commissioners. There were some protests which were disallowed as being too late and some were disallowed because they had signed no protest agreements. There was a general discussion with various parties regarding the status of the project. It was moved, seconded and carried to have Pete Visser contact Bond Council to determine the validity of the withdrawal of protests and report back to the Commissioners at the next meeting. Pete Visser reported that he had heard nothing further from the attorney for Inca on the records. The Commissioners directed Pat Sizemore to contact Eastgate Sewer District and see if they are interested in pursuing this jointly. Pete Visser advised the Commissioners that there had been no response from Dixon on the assessment delinquency. Pete Visser was directed to proceed with a lawsuit to collect the delinquent assessments. The Ragu ULID. No. 2 delinquency was discussed. The Commissioners directed Pete Visser to send a delinquency notice on that assessment. Pete Visser discussed the Elite Concrete lawsuit with the Commissioners and advised them that he had entered an appearance in that matter. Resolution No. 537 was approved creating ULID No. 15 for the Holeman Avenue sewer project. Duane Nelson was present to ask about water and sewer service to several hundred acres of property on both sides of the Blaine Road, between the Double R Ranch and the Alderson Road. He will meet with District staff to go over the details of his proposal. Scott Christensen reported: 1. The Loomis Trail Developer Extension is almost ready to start. A pre -construction meeting has been scheduled for 1:00 P.M., Thursday, January 20, 1994. The Utility Companies will attend starting at 2:00 P.M. The bid opening for the crossings under California Creek near the intersection of the Loomis Trail �. vl'1LJibI..�lvL. ii�\.7 VL �lA�..11 L7Ci1 frL11 Ll\ [�LYL JLIWL1ll L1J 1L\l a.i HELD JANUARY 27, 1994. COA13038 The meeting was called to order by Commissioner Lewis. Other �i G persons present included Commissioners Montfort and Reichhardt, Pat Sizemore,. Scott Christensen, Glenn Golay and Pete Visser. Minutes of the January 6, 1994 special meeting were approved as printed. Minutes of the January 13, 19,94 meeting were presented for approval but were not approved because the Commissioners had not had an opportunity to review them. Pete Visser reported on the Double R Ranch ULID procedure and status.* He advised the Commissioners that the bonding attorneys have suggested that a new notice be sent out'and that a new protest period be instituted if the Commissioners want to proceed with the current ULID process. The Commissioners asked Pete Visser about the possibility of a new ULID petition and proceeding completely under the petition method for formation of the ULID. Attorney Visser advised them that that was an acceptable. alternative. It was moved, seconded and unanimously passed not to proceed with ULIDs No. 13 and 14 at present. The Commissioners advised the proponents of the ULIDs that the Commissioners would be willing to consider a petition for water and sewer ULIDs from the Double R Ranch area -if a new petition was presented. Resolution No. 538 was approved, changing the meeting dates to the second and•fourth.Thursdays of each month at 4:30 P.M. at the District. office. Cellular phone agreements incorporating the State Attorney General's recommended procedure were signed and authorized by the Commissioners for five District employees and one Commissioner. The Commissioners set a special meeting for January 31, 1994 at 4:30 P.M. at the District office to continue budget deliberations for the 1994 Budget. Pat Sizemore announced that there was an open position on the Boundary Review Board and that the Commissioners could submit nominees if they so desired. There were no nominations made at this point. Scott Christensen reported: 1. Waterworks, Inc. was the low bidder at $453,086 plus tax plus engineering for the California Creek crossing. The Loomis Trail golf course developers' attorney has been advised that the developer was being asked to pay for a portion of that but no reply has been received yet from them. The Commissioners decided to hold off for now on awarding the bids for that project, but they will need to be awarded soon so that the bids do not expire. 2. Scott presented easements for the California Creek crossing. Pat Sizemore was authorized to attempt to get the owners of the property to sign the easements. 3. Scott presented a preliminary schedule for the time - frames on ULIDs No. 11, 12 and 15. The schedule calls for completion in June of 1995. Pete Visser was asked to check on CIN , 0— 2- )`If iy ME %, 3 f 95 3 THE FOLLOWING ARE NOT COUNTED REC'D THE FOLLOWING ON 12-23-93; BRENDA DISCOVERED THEM IN OUR ,MAILBOX, NOT POSTIMARIED, BUT W/S.29 STAID ON ENVELOPE, . 10, W 1/2 David D. Mobley, Sr. 12-23-93 4391 Masterson Rd Blaine, WA 98_30-9797 10, E 1/2 David D. & Terri L. Mobley, Sr. 12-23-93 4391 Masterson Rd Blaine. WA 98230-9797 THE FOLLOWING PROTESTS WERE REC'D FROM FOLKS WHO HAD PREVIOUSLY SIGNED "NO PROTESTS" FOR BOTH WATER & SEWER IN ORDER TO RECEIVE WATER SERVICE! 17. N 1/o' John & Berty_ Kina l =-1 1-93 ';240 Sprott St V (signed no -protest) Burnaby BC Canada %'5G IT5 (12-1.5-92) 67, W 1/2 Paul Wadsworth 1=-1 1-93 =I I 1-14881 104th Ave (signed no -protest) Surrey- BC Canada %*3 R 1 v16 (03-30-93) 69 David H. & Doreen C. Barrie 1 ZI-1 1-93 204-505; Imperial St (signed no -protest) Burnabv BC Canada V'-;J I C9 (04-13-90) 70, W 1/2 Lloyd H. & Patricia R. Bunkowski 1 -11-93 ==1-13911 70th Ave (new address) (signed no -protest) Surrev BC Canada V3W 6134 (08-06-90) 81 Jose A. Jr. & aurora S. Manzano I % 1.1-93 13136 =4th Ave (signed no -protest) Surrey BC Canada V4 2G1 (04-13-93) 89 Theodore E. & Carol J. Kostiuk 12-1 1-93 11282 Loughren Dr (signed no -protest) Surrev BC Canada %'3R 4Z3 (07-30-90) /.49a � -)7.oc- 3.b 104 Kelly Campbell (taxpayer) ;416-9400 128th St Surrey BC Canada V3V 5W4 - 4246 Cody Rd Blaine, WA 98230 RECEIVED NOTICE OF WITHDRAWAL OF PROTEST!! 7, W .1/2 Cosimo & Maria G. Scali 1962 E 49th Ave Vancouver BC Canada VIP 1T3 9, W 1/2 Tim B. Breden 19869 28th Ave Langley BC Canada V3A 4P5 9. E 1/2 Tim B. Breden 19869 =8th Ave Langley BC Canada V3A 4P5 11A Par Mac Bav Inc. 361 NE Guilman Blvd =E , Issaquah. WA 98027 11 B Par Mac Bav Inc. 361 `-E Guilman Blvd =E Issaquah. WA 98027 32, N 1/2 Gilbert & Angela M. Holloway 7909 Carson Rd Blaine, WA 98230 39 Gerry F. & Leona Marsolais 7316 Carson Rd Blaine, WA 98230 84A Par Mac Bav Inc. 361 v7E Guilman Blvd =E Issaquah WA 98027 84B Par Mac Bav Inc. 361 NE Guilman Blvd =E - Issacuah. WA 48027 12-11-93 12-11-93 01-13-94 1-Y-20-93 01-13-94 12-20-93 01-13-94 12-10-93 01-13-94 12-10-93 01-13-94 12-11-93 01-03-94 12-11-93 12-23-93 12-10-93 01-13-94 12-10-93 O1-13-94 0 ,-q:jjLaI 9A.60.030 WASEIENGTON CRIIMiII1iAL CODE 9A_60.030. Obtaining a signature by deception or duress (1) A person is guilty of obtaining a signature by deception or duress if by deception or duress and with intent to defraud or deprive he causes another person to sign or execute a written instrument. (2) Obtaining a signature by deception or duress. is a class C felony. Enacted by Laws 1975, 1st ExSess., ch. 260, § 9A.60.030. Amended by Laws 1975176, 2nd Ex.Sess., ch. 38, § 14, eff. July 1, 1976. Historical Mote Laws I973 r76. 2nd Ex.Sess., ch. 38. Laws 1911. ch. 46, § 1. § 14, inserted "or duress" in subset. (2). Laws 1937. ch. 78. § 1. Effective date-Severabillm-I aws RRS §§ 2617. 2619. 2673, 2674. 2696- 1975-76. Ind ExSess., ch. 39: See His- 2, 2696-4. torrcal Notes following § 9A.08.020. Former §§ 9.37.010 to 9.37.060. Source: Laws I909. ch.:49. §§ 365. 367. 421. 42? Llbrary References False Pretenses a 1 et seq. and elements, see Wash.Prac. vol. C.I.S. Faise Pretenses § I et scq. 11. WPIC 130.05. 130.06. luny instructions. obtaining signature by deception or duress, definition 9A.60.040. Criminal impersonation (1) A person, im-guilty of criminal impersonation if he: (a) Assumes a false identity and does an act in his assumed character with intent to defraud another or for anv other unlawful purpose; or (b) Pretends to be a representative of some person or organiza- :ion or a public servant and does an act in his pretended capacity -.vith intent to defraud another or for any other unlawful purpose. (2) Criminal impersonation is a gross misdemeanor. Enacted by Laws 1975. 1st ExSess, eh. 260. § 9A.60.040. Historical Note source: Laws 1937. eIL 78. § 1. RRS H.2615 to 2617. 2673. 2674. Laws 1909. ch. 249. §§ 363 to 365. 421. 1696-2. 2696-4. 422 Forme §§ 934.010. 9.34.020. 937.010. Laws 1911. ch. 46. § 1. 937.030 to 937.060. Crag References usumiog to be attorney or officer of court, sce §§ 730.010(6). 9=.010(8). :_.ginecr or !and surveyor. pracamng illegally as. see § 18.43.120. 376 liquor permit, procuring by false pretettsea, sr Military insignia. unlawful wearing, see §.38.- Optometry, using false Iicense. see §§ 1353.1-1 Osteopathy, unlawful practices, see § I& 7.16C Pharmacy, using false license. $ee § 18.64-Z50. Registered nurses; using false diploma. etc, sr Substitution of child. see § 9.45.010. Veterinarians Filing false license, see §§ 13.92 Library Refer. False Personation 4-1. 2. C False Pretenses a= 1 et seq. C 9A.60.050. False certification (1) A person is guilty of false cer- authorized to take a proof or ackn( which by law' may be recorded, he k the execution of such instrument ova thereto or that the execution thereof (2) False certification is a gross m: Enacted by Laws 1975. 1st Ex.Sess.. ch. Laws 197)-76. 2nd Ex.Sess.. ch. 38. § 1=. Historical N Laws 1975-76. 2nd Ez.Sess.. ch. 38. i § 15. substituted "A" for "Any" in subset. I (1). Effective date-SeverabWty-taws 1 1975-76, 2nd ExSess.. ch. 38: See His- L torical Notes following § 9A.08.020. F Sottrcc c Laws 1854. p. 83. § 87. Forgery -7(5). CJS. Forgery § 26 et seq. Library Refer! Notes of Decl 1. Notaries public prc Pcrsoti s notanzation outside presence Tits of those whose signatures he is now=- W; ing falls within conduct proscribed by -� LAW OFFICES y BELCHER. SWANSON, LACKEY. DORAN & LEWIS JOHN C. BELCHER 103 EAST HOLLY STREET, SUITE 401 JACK 0.SWANSON BELUNGHAM, WASHINGTON 9822E CHESTER T. LACKEY _ JAMES M. OORAN TERRANCE G. LEWIS June 23, 1994 Commissioners Birch Bay Water and Sewer District 7096 Point Whiteho= Road Blaine, WA 98230 RE: FORMATION OF ULID 94-A AND 94-1 Dear Commissioners: TELEPHONES (206) 734-6390 (2O6) 398-1146 FAX (206) 671-0753 We have written to you earlier expressing the concerns of many of the residents of Double R Ranch relating to the formation of ULID 94-A and 94-1. These two ULID's are being formed by the petition method. Our earlier concerns related principally to the manner in which signatures were obtained on the petitions and the resulting legality of the entire ULID formation process. At your meeting of June 23, 1994, you will be holding your hearing on the formation of these two ULID'S and we urge you to reconsider the issues raised in our earlier letter. There are two other issues of a legal nature -which we would have you consider before reaching a final decision on whether or not to co forward with the two ULID's. The authority of the District to impose assessments is based upon the presumption that the properties assessed will receive some special benefit as a result of the improvement. The amount of the special benefit accruing to the property located within a local improvement district is the difference between the .fair market value of the property before and after the improvement. The property located within a local improvement district (this includes ULID's) is not subject to an assessment unless it is specifically benefitted by the improvement. Another way of statinc this rule is that .the fair market value of the properties assessed must at least be increased by the amount of the assessment against each of those properties. This issue more often arises at the time the District asks for cor.='_rmat'_on of the final assessment role. That normally occurs after the improvement is in the ground and all the costs are determined. If properties do not receive suf`_'_c'_ent special benefits, then the law recuires that the District reduce the commissioners Birch Bay Water and Sewer District June 23, 1994 Page 2 assessments against those properties until the assessment equals the increase in fair market value which the properties obtained from the improvement. The'difference between that special benefit and the amount of the assessment represents funds which the.District must recover from other sources other than assessments such as operating revenues. It is our understanding that many of the properties in Double R Ranch will not be substantially benefitted by the two ULID's. Many of the property,owners have obtained the services of an appraiser who will be making that presentation to you at the hearing. The relevance of this presentation is that these properties will not be responsible for the substantial portion of the assessment levied against them causing the District to pick up the tab. Is this in the District's benefit? Is it in the public interest? As commissioners, you may want to fully consider this problem before authorizing approval of the two ULID's in question. A second collateral issue also needs your consideration. We understand that some of the properties which signed the petitions in support of the ULID's may well have no value because of constraints on development such as wetlands. 'If that be the case, then the owners of those properties have little incentive to pay their ULID assessments. It is sort of paying good money after bad. They have land which is valueless. Providing water and sewer to valueless land does not increase its value. A default then occurs. We suppose that defaults on assessments are not an uncommon situation for the District. It must be remembered, however, that the land and its inherent value is the source of payment of the assessments and, in turn, repayment of the bonds. If the land is valueless to the owner, it is certainly valueless to the District as well. This means that a foreclosure for unpaid assessments will not yield an asset capable of being resold to cover the indebtedness attributable to it. Once again, the District will be required to may its bondholders whether or not the assessments are paid and whether or not the foreclosed upon land subject to the assessment is able to be resold. If there is a great deal of undevelopable land or if the assessments against it are especially high, financial difficulty created by these defaults could be large. As commissioners,. before approving the ULID's, this problem must be taken into consideration. We are advised that there are at least four lots with assessments 4n the 515,000 per lot range which may well fall into this , Commissioners Birch Bay Water June 23, 1994 Page 3 a L.cw1a and Sewer District category. This could result in a $60,000 default on the assessments, valueless collateral, and create a situation where the District would have to repay the.bond payments and interest represented by those assessments. The petitions submitted for these improvements met the statutory requirement of 510 by only a la or 2a. In light of all the allegations relating to misconduct and the lack of special. benefit to many of the properties we have to wonder if these two ULIP's are really a good idea. We know that when other jurisdictions are faced with such limited support for their ULID's that they rarely proceed with them. The risks of default and problems are simply too great. On behalf of our many clients at Double you use your discretion and decline to proposed by the petitioners. Thank you for your consideration. Sincerely yours, JACK O. SWANSON JOS : of f R Ranch, we request that go forward with the ULID's .0r8326171249 ' 93 ()1i21 11:24 ?02 errs o RlC,fs,VryF✓ECf04TuN0 PURCHAISC i }t0 r1.LZ A4n1jP o?"`val S YLE3aL f►G:ts• l{r E"t1,1,t u CVAP6IDV1j6D 4LLhriRJS�Ck LC.L AOv J. H!Ir-PlAy and IQr �E,�1. , --_�� a,lia1FlrawtiSftfso:+.pACerftl�wln -•1 a c � __. ��r..,TO�93 � ItrnM•filprvt�l:fsnvr.rlat'Irnrx 7 Cram 11 c t �-�._�,. ,.. t c �:n c,•.: � r.l1fiv►cr. i] t tL1che- }rQ t►/a rasalw:�c4 of lw 9 0 g � rj 7 1 ,_- ayOct f I0 Mioa tpr cc" e,;t. v:tir thew 1• r►Wiarcs. tn,l IKz: Crle:'.:I�'-S ; � 1. PJRCHi SE i' ATCF. Tho pueC1*00 CeJ:a to G n f5 Hl1 Ti la >r C Li 'Z` r,► n V : a>+ n . f p•� �,tr 4 00 ,` Irdvstrtyl 1� t:�/necl rul+/----- ,� _ I1T,►tRS y. 2. METHOD OF Poutt(T. See attached addendum for method of puyment. 7. 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'•"� • � yc;s41 ta;a• rF;.+• ��,..lr�.a>; i.s Gtu Mt`Vvf OC.sa tU eP �L. rt �.l+..■r + 0 /. iGT : f i.Z(,}1 �OOn7 yr0 nCl ntll �•d li,7r� 1 •,} r,dhC,• ; f V ! t ^ •.• .� `�•� / r .i15•n rA sm%it mane/ ti I:Y�.Ca:rC:L /C� 3: .r :d- f�C1 •:t'ij vC=+ul 1:G[,,,� :'C la I; 7r L�1 �:i,'r ( V44 11I.v Cy C:At.n 1, Cr: H 1 Y t!v/er, B/Iw cr AL�.,I w::,,:11 lu•1 ,1r,Gvr r!*1 R -! '• / CG r 11 `�.M^� '•'•r t.•a r.lr •0 (ir:r'I v:�" :: SJ•::Cll pry 1 r■lr }•.,.!1 �.'Y•,Ir a Iry In 7.9 v.r'::I rju vil v-w 01•-�aasnv;1 N011:afalu-/ r �'L•;a-:1 :.•t4--1:-. ') ^''117.Gr:7.^r,1:y.►� 14 NnlCilUn• �ns�•.a��a ca7+1".RY.SRGu.7 N:,L a±v a.: ]�r «r11G,., r .:a, r }•]., L• - ::ra:,L i a .'iYy,treLlGrLr:?. +`.t/tL,r• ,_ "'.r.r..':�' . ^nVt1.vise I�t (i,+i C j �rrtfr Gel or l:awo "err s !.4r . a r. _. �. a:erY . t s 'i• � A':t•.1:J1 1 af11,••w.,7 O,3..•rM aN nri!MsIkA F. r �� ?,on�,1L.r:f,U �101 �;er:atLF-s.,:d VV ot■ :.oncicn ero .■C,'1.- ESTIMATED CLOSING STATEMENT BUYER MICHAEL J. MURPHY ROBERT D. PETRIE MARY E. PETRIE 2412 Dean Ave. Bellingham, WA 98225 Property: Parcel No. 400129-094071-0000, Blaine, WA 98230 Estimated Closing Date: March 1, 1993 Escrow No. 1840 Page 1 DEBITS CREDITS CONSIDERATION: Total Consideration 125,000.00 DEPOSITS: Deposit By: MICHAEL J. MURPHY 1,000.00 EXISTING & NEW LOANS: Principal Balance - John M. Homenchuk and Marion M. Homenchuk 14,232.16 Principal Balance - AUGUSTO G. SYJUCO AURORA L. SYJUCO 84,000.00 PRORATIONSs County Taxes at $598.39 per year ESTIMATED From 03/01/93 to 07/01/93 200.01 DISBURSEMENTS: Accounting Fee Paid To: SHELMAR ACCOUNTING 30.00 TITLE CHARGES: Record statutory Warranty Deed Record Trust Deed 9.00 8.00 ZSCROW FEESs 39crow Fees ales Tax 295.00 23.01 3alance Due Escrow 'otals 26,332.86 125,565.02 125,565.02 ;OTICE: This estimated closing statement 49 subject to changes, corrections or additions at the time of final computation of closi escrow statement. MZ SHAEIi J`HUR H4`` ROBER D. PETRIE MARY E. PETRIE .. '� 1 Y•Ll- Windermere Real Estate Birch Bay BAY STAR A LIMITED PARTNERSHIP Presented By: PETER LEWIS STEPHEN NELSON, C.P.A 'indermere Real Estate/Birch Bay, Inc. 4905 ."oma D• .e _ 98130 2C)6-371-7222 Fax `06.3" 3340 LOCATION (continued) for the wide variety of uses allowed under the commercial zoning. Directly south of the property, a sewer system is being installed. • Ultimately, the availability of this utility will allow the development of this property to a different use that will provide a greater return for the investor, when market conditions allow. The site could accommodate up to 70 apartment units, which would make the land cost per unit about $3,600 - a very reasonable amount -!! TERMS The partnership has rights to purchase this parcel at a very favorable price with owner financing. The purchase price is $260,000; with $60,000 down and - monthly payments of $2,671. The loan would be paid off in ten -years. ADVANTAGES The Bay Star limited partnership is designed to allow ten units to be purchased by the limited partners; initial investment is $8,000, and an additional investment of $7,000 when required for development. In order to make the monthly contract payment, each investor will make a $350 monthly payment, until cash flows are sufficient to reduce or eliminate this payment. This sized investment, when coupled with professional management, allows an investor to participate in a well designed investment program without having to commit large amounts. The partnership is purchasing this parcel for $1.52 per square foot, well under the area of $1.81 per foot asked for on other parcels in the vicinity. The entire project will be under local guidance and control. The organizers are Mr. Stephen Nelson and Mr. Peter Lewis, who will be the general partners. In that capacity they will be responsible for the development and operation of the business and management of the partnership. C, i i I a I I i Windermere Real Estate hrc_;h Ba\ ANC140k I%JAAtOR. <PROPOsEd, M . 2 A ds So Lo 7-.S SINGL-E FAM/LY 1400SING /9 2C &IR CN BAY L YNDJW JP4Ab 30 * t yti• ■ .. CHAS JA580JZA 'vJ'196ofu '4-- GXT { M. 13ROWN Gl_EHMAW ETAL 7S1y V 4B -4 y16 dab aAla �q44 'A SITE SITE --. }�� I'se r 19.11ra 12.73A 12.73 •a 12 73•A 8.10 7 6 5 c� Ydl� 5°,xb��+■�' ia• '�� re4 15 /3G 5 1 ,..t*SO 1.. > All A •x I o � .L. lul COMMON EA X1ir 013aa ,•.� I 35 c Lprlrz 0. -�x I f 41 DOUBLE 2 olr 06 •c COMMON AREA } 7(7•t0 r' t lWindermere Heal Estate/Birch Bay. Inc. __ _ _ _ - ____ __ _ ' '_=- =c _ _