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HomeMy WebLinkAbout1993 - Fire Protection District 10 AnnexationWHATCOM COUNTY COUNCIL AGENDA BILL NO. 93-I80 CLEARANCES Initial Date Date Received in Council Office: Agenda date Assigned to: Originator. Fire Dist. 10 May 4, 1993 June 8, 1993 Council - Introduction Division Head: July 13 Hearing Dept. Head: Prosecutor. JA Purchasing/Budget: Executive: SUBJECT. - Ordinance regarding the annexation of certain properties near the Yew Street Road Area into Fire Protection District No. 10 ATTACHMENTS: Ordinance Petition and certification of Auditor SUMMARY STATEMENT.- Related County contract #: N/A Should Clerk schedule a hearing? NO / / YES hoc/ Reauested date: See above Amount budgeted for this item/project: N/A Is it (or will it be) within budget? N/A Whatcom County Council Resolution 92-011 encouraged areas to annex into fire protection districts if they had not already done so. The petitioners requested to be annexed into Fire District No. 10; the Commissioners of that District concur with the request; and the Auditor declared that the petition was sufficient in order for annexation to occur without an election. The area proposed for annexation is legally described as follows: Approximately one hundred fifty-two acres, County Assessor Parcel No. 370 304 468 479, Government Lots 1 and 2 (N1/z NE Qtr), less road (77 ac); Parcel No. 370 304 478 327, NE Qtr SW NE Qtr; E1/z Wl/z SW Qtr NE Qtr; and SE Qtr NE Qtr (60 ac); Parcel No. 370 304 292 365 W1/z NW Qtr SW Qtr NE Qtr, less road (4.85 ac); Parcel No. 370 304 366 293, SE Qtr SW Qtr NE Qtr, less road (9.70 ac). ORIGINATOR'S RECOMMENDED ACTION. Adoption of the ordinance is recommended, following the public hearing. COMMMEE ACTION TAKEN. COUNCIL ACTION TAKEN 6/8/93: Council introduction 7/13/93: Council adopted the ordinance. 6-0 Related File Numbers: Ord& mcce or Resolution Number (this item only): 093-039 1 g:\ord\Trillium.ord May 17, 1M SPONSORED BY: CONSENT AB93-180 PROPOSED BY: Fire Dist. 10 INTRODUCTION DATE: June 8. 1993 ORDINANCE NO. 93-039 REGARDING THE ANNEXATION OF CERTAIN PROPERTIES NEAR THE YEW STREET ROAD AREA INTO FIRE PROTECTION DISTRICT NO. 10 WHEREAS, Whatcom County Council Resolution 92-011 encouraged the annexation of unincorporated areas into existing fire protection districts; and WHEREAS, the Council is considering an ordinance that would prohibit the issuance of building permits in areas not included in a fire protection district; and WHEREAS, citizens living near the Yew Street Road Area have petitioned for incorporation into existing Fire Protection District No. 10; and WHEREAS, the Auditor certified that the petition bears the signatures of at least 60 percent of the qualified electors within the area proposed to be annexed; and WHEREAS, the commissioners of Fire District No. 10 have offered their written consent to the proposed annexation; and WHEREAS, Section 52.04.011 (3) of the Revised Code of Washington provides that if a petition is signed by 60 percent of the qualified registered electors residing within the territory proposed to be annexed, and if the board of fire commissioners concur, an election in the territory and a hearing on the petition shall be dispensed with and the county legislative authority shall enter its order incorporating the territory into the existing fire protection district; and WHEREAS, the Council scheduled this proposal for a hearing and had notice of such hearing posted in three public places within the area proposed for annexation; and WHEREAS, the petition signed by 60 percent of the qualified electors within the district stated that county property taxes would be increased in the amount of the fire district levy and bond repayment obligation (in 1992 the amount of taxes in District 10 is $1.00 general levy (no bonds) per $1,000 of assessed valuation for the regular levy and bond issues by the district), and that unimproved lands may be exempt under state law if they meet certain conditions; and WHEREAS, the proposed annexation would benefit the public health, safety and welfare; Fire District 10 annc-ration, AB93-180 Page 1 1 NOW, THEREFORE, BE IT ORDAINED that the Whatcom County Council hereby 2 enters its order incorporating the area described below into Fire Protection District No. 10: 3 4 Approximately one hundred fifty-two acres, County Assessor Parcel No. 370 304 468 5 479, Government Lots 1 and 2 (NI/2 NE Qtr), less road (77 ac); Parcel No. 370 304 6 478 327, NE Qtr SW NE Qtr; Ei/s Wl/x SW Qtr NE Qtr; and SE Qtr NE Qtr (60 ac); 7 Parcel No. 370 304 292 365 WV2 NW Qtr SW Qtr NE Qtr, less road (4.85 ac); Parcel 8 No. 370 304 366 293, SE Qtr SW Qtr NE Qtr, less road (9.70 ac).. 9 BE IT FURTHER ORDAINED that as stipulated by the Revised Code of 10 Washington, Section 52.04.011 (3), upon entry of this order the territory shall become 11 subject to the indebtedness, bonded or otherwise, of the existing district, provided that the 12 property owners of the existing district shall be placed on a fair and equitable relationship 13 with the property owners of the territory being annexed. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ADOPTED this 13th day of July , 1993. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Ramona Reeves, Council Clerk Marge L,4d1aw, Council Chair APPROVED as to form & content: e/).y' - - — '�,' 16;� Civil Deputy Prosecutor g.\forms\ftreann.mer Fire District 10 annexation, AB93-180 (Approved () Denied L Shirley Van Za6ten, ExecUve Date: -7-14-U Page 2 AUDITOR'S OFFICE County Courthouse - 311 Grand Ave. P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF AUDITOR OF WHATCOM COUNTY May 3, 1993 MEMO TO: Marge Laidlaw, County Council Chair FROM: Shirley Forslof, County Auditor RE: FIRE PROTECTION DISTRICT NO. 10 ANNEXAT ON Attached is the Auditor's Certificate of Sufficiency, statement from the Fire Protection District No. 10 Commissioners, the petition for annexation and the map showing the territory to be annexed to Fire Protection District No. 10. Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 676-7727 1441� / AUDITOR'S OFFICE County Courthouse - 311 Grand Ave. P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF AUDITOR OF WHATCOM COUNTY May 3, 1993 Susan Burkhardt, Secretary W.C. Fire Protection Dist. No. 10 P. O. Box 645 Bellingham WA 98227-0645 Dear Susan: Attached is a Certificate of Sufficiency for the area proposed to be annexed to Fire Protection District No. 10., statement from the the Fire Protection District No. 10 Commisioners, the petition for annexation and the map showing the territory to be annexed. These documents have been forwarded to the County Council. If you have any questions, please call me. Sincerely, Shirley orslof Whatcom County Auditor Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (2061676-6742 (206) 676-6743 (906) 67R-7797 AUDITOR'S OFFICE County Courthouse - 311 Grand Ave. P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF AUDITOR OF WHATCOM COUNTY May 3, 1993 THIS IS TO CERTIFY that the petition for annexation of certain territory to Fire Protection District No. 10 contains the signature(s) of the property owner(s) who owns more than sixty percent (60%) of the area of land included in the- annexation petition. A sufficiency is therefore established. R.C.W. 52.04.031 Shirley F rsl f Whatcom ounty Audito Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 676-7727 WHATCOM COUNT FIRE PROTECTION DISTRICT *10 P. 0. Box 645 Bellingham, WA 98227 April 14, 1993 Shirley Forslof Whatcom County Auditor Whatcom County Courthouse Bellingham, WA 98225 Dear Ms. Forslof, Enclosed is a copy of the Petition {with corrected legal description} for Annexation from Trillium Corporation which was accepted at the Commissioners Meeting held April 13, 1993. If you wish a copy of the Minutes of the April 13, 1993, Commissioners Meeting with the area pertaining to the Motion to Accept these corrected legal descriptions, please let me know. My daytime phone is 206-647-6010. Very truly yours, WHATCOM COUNTY FIFE PROTECTION DISTRICT *10 Susan Burkhardt, Secretary cc — Whatcom County Assessor — Enclosure Whatcom County Courthouse Bellingham, WA 98225 Roger Anskaar — no enclosure Trillium Corporation 1313 Commercial Street Bellingham, WA 98225 WHATCOM COUNT FIRE PROTECTION DISTRICT #10 P. 0. Box 645 Bellingham, WA 98227 April 19, 1993 Shirley Forslof Whatcom County Auditor Whatcom County Courthouse Bellingham, WA 98225 Dear Ms. Forslof, LET IT BE KNOWN that we, the undersigned Commissioners of Whatcom County Fire Protection District #10 did, at the March 13, 1993, Board of Commissioners Meeting, pass a Motion to accept the "corrected legal description" on Trillium Corporation's Petition for Annexation. Robert V. Ekdahl, Chairman Alex Sanders, Commissioner cc — Whatcom County Assessor Whatcom County Courthouse Bellingham, WA 98225 Roger Anskaar Trillium Corporation 1313 Commercial Street Bellingham, WA 98225 A •ter A Kiefer, ACUnrh isofbner Very truly yours, WHATCOM COUNTY FIRE PROTECTION DISTRICT #10 Susan Burkhardt, Secretary Fire District 10 Re: Yew St. Rd. area 152 acres P E T I T 1 0 N (with corrected legal description) We, the undersigned property owner(s), pursuant to RCW 52.04.021, 52.04.031, 52.04.041 and 52.04.051, hereby petition Whatcom County Fire Protection District No..10 for annexation of the following described tract(s), totalling 152 acres more or less, with their location(s) indicated on the attached map(s): COUNTY ASSESSOR PARCEL NO.(S) (T - R -. S) LEGAL DESCRIPTION (all in Sec 4, T 37 N, R 4 E) _ APPROX. NO. ACRES (a) 37 03 04 468 473 Gov't Lots 1 and 2 (N% NE Qtd, less road (owner: Trillium) 77.00 (b) 37 03'04 478 327 NE Qtr SW Qtr NE Qtr; E% W% SW Qtr NE Qtr; and SE Qtr NE Qtr (owner: Trillium) 60.00 (c) 37 03 04 292 365 W'/z NW Qtr SW Qtr NE Qtr, less road (owner: Thomas R. McHugh) 4.85 (d) 37 03 04 366 293 SE Qtr SW Qtr NE Qtr, less road (owner: Bloedel Timberlands) 9.70 Approx. Total Acres: 152.00 (Trillium owns 90.1 % of this petition area.) The approximate legal description for the entire area is: NE Qtr, Sec 4, T37 N, R 4 E, EXCEPT W % SW Qtr SW Qtr NE Qtr, less roads We agree to assume our fair share of the financial obligations of the district: $1.00 general levy per $1,000 assessed value (no bonds). Also, please notify us of any meetings or public hearings held on this matter. Trillium Corporation 1313 Commercial St. Bellingham, WA 98225 By can Gorton, Vice President - Planning (206) 676-9400 Date Firc �;s+. 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G v CORP n '" Y eohRo R' �� SOT(� '•� edar fake C' vA L Imo_ ••�. •, .- , eFITN -(-'•„ ETAL a • 44 c I : •.. Prne le4e 0tea rry I Da[ �T STATE • ` It STATED •� n�i 1.. yME Ff I J IT.Se ,E` E'F DI ei GC AC FIC r � - 9DN�i�e •[• iTATE •OBIS 6OhRe PACIFIC :Wpi - i L CO RP ' Pwx� r . >x Q I ' STATE FOREST T ... �/! f!_ /.•� J••'- \j+ nr Fire District 10 Re: Yew St. Rd. area 152 acres PET IT ON We, the undersigned property owner(s), pursuant to RCW 52.04.021, 52.04.031, 52.04.041 and 52.04.051, hereby petition Whatcom County Fire Protection District No. 10 for annexation of the following described tract(s), totalling 152 acres more or less, with their location(s) indicated on the attached map(s): COUNTY ASSESSOR PARCEL NO.(S) (T = R - S) LEGAL DESCRIPTION (all in Sec 4, T 37 N, R 4 E) APPROX. NO.. ACRES (a) 37 03 04 468 479 Gov't Lots 1 and 2 (N'/Z, NE Qtr), less road (owner: Trillium)�efc Go►�, m� 77.00 (b) 37 03-04 478 327 NE Q , SW E Qtr; Eyz W% SW Qtr NE Qtr; and S Qtr tr (owner: Trillium) 60.00 (c) 37 03 04 292 365 W% NW Mr, SW Qtr, NE Qtr, less road (owner: Thomas R. McHugh) 4.85 (d) 37 03 04 366 293 SE Qt�SW Qt NE Qtr, less road (owner: Bloede Timberlands) 9.70 Approx. Total Acres: 152.00 (Trillium owns 90.1 % of this petition area.) Q ivy The approximate legal description for the entire area is: NE / (,SS NE Qtr, Sec 4, T37 N, R 4 E, I�..ss-ram EXCEPT W %,qSW Qtk,SW Qt VoA( We agree to assume our fair share of the financial obligations of the district: $1.00 general levy per $1,000 assessed value (no bonds). Also, please notify us of any meetings or public hearings held on this matter. Trillium Corporation 1313 Commercial St. Bellingham, WA 98225 By an Gorton, Vice President - Planning (206) 676-9400 to Fire District 10 Re: Yew St. Rd. area 152 acres P E T I T 1 0 N (with corrected legal description) SHIRLEY FORSLOF WHATCOM COUNTY AUDITOR FE-B 2 3 9193 We, the undersigned property owner(s), pursuant to RCW 52.04.021, 52.04.031, 52.04.041 and 52.04.051, hereby petition Whatcom County Fire Protection District No. 10 for annexation of the following described tract(s), totalling 152 acres more or less, with their location(s) indicated on the attached map(s): COUNTY ASSESSOR PARCEL NO.(S) (T - R - S) LEGAL DESCRIPTION (all in Sec 4, T 37 N, R 4 E) APPROX. NO. ACRES (a) 37 C3 0+ 468 479 Gov't Lots 1 and 2 (Ni2 NE Qtd, less road (owner: Trillium) 77.00 (b) 37 03 04 478 327 NE Qtr SW Qtr NE Qtr; E% W%2 SW Qtr NE Qtr; and SE Qtr NE Qtr (owner: Trillium) 60.00 (c) 37 03 04 292 365 W% NW Qtr SW Qtr NE Qtr, less road (owner: Thomas R. McHugh) 4.85 (d) 37 03 04 366 293 SE Qtr SW Qtr NE Qtr, less road (owner: Bloedel Timberlands) 9.70 Approx. Total Acres: 152.00 (Trillium owns 90.1 % of this petition area.) The approximate legal description for the entire area is: NE Qtr, Sec 4, T37 N, R 4 E, EXCEPT W '/2 SW Qtr SW Qtr NE Qtr, less roads We agree to assume our fair share of the financial obligations of the district: $1.00 general levy per $1,000 assessed value (no bonds). Also, please notify us of any meetings or public hearings held on this matter. Trillium Corporation 1313 Commercial St. Bellingham, WA 98225 By Jean Gorton, Vice President - Planning (206) 676-9400 (r Date .,.,re District 10 Re: Yew St. Rd. area 152 acres PETITION We, the undersigned property owner(s), pursuant to RCW 52.04.021, 52.04.031, 52.04.041 and 52.04.051, hereby petition Whatcom County Fire Protection District No. 10 for annexation of the following described tract(s), totalling 152 acres more or less, with their location(s) indicated on the attached map(s): COUNTY ASSESSOR PARCEL NO.(S) (T - R - S) LEGAL DESCRIPTION (all in Sec 4, T 37 N, R 4 E) APPROX. NO. ACRES (a) 37 03 04 468 479 Gov't Lots 1 and 2 (N%, NE Qtd, less road (owner: Trillium) 77.00 (b) 37 03 04. 478 327 NE Qtr, SW Qtr;, NE Qtr; E'/Z W'/z SW Qtr NE Qtr; and SE QtrfNE Qtr (owner: Trillium) 60.00 (c) 37 03 04 292 365 W% NW Qtr, SW Qtrq NE Qtr,-less road (owner: Thomas R. McHugh) 4.85 (d) 37 03 04 366 293 SE Qtr, SW Qtr,�NE Qtr, less road (owner: Bloedel Timberlands) 9.70 Approx. Total Acres: 152.00 (Trillium owns 90.1 % of this petition area.) The approximate legal description for the entire area is: NE Qtr, Sec 4, T37 N, R 4 E, less roads, and EXCEPT W Y2, SW Qtr, SW Qtr. tl We agree to assume our fair share of the financial obligations of the district: $1.00 general levy per $1,000 assessed value (no bonds). Also, please notify us of any meetings or public hearings held on this matter. Trillium Corporation 1313 Commercial St. Bellingham, WA 98225 By an Gorton, Vice President - Planning (206) 676-9400 iL. �Y /ys2-- to l� — few ire m& aveo, /-;17-Y 't or -ton TOWNSHIP 37 N ., RANGE 3 E p WHATCOM COUNTY W -� TON hog 4o Sca<< • r To B/eme O e , _ 1 �'�•"•:�fa•ro -'�! ���r Ilill�_ e� •{ o ]I.i � e...r »if' 1»+il •aft »iI „n . ]I:: ' � j;j� , I • •,P Sto.F• P,� -I � i CICECE, �4a�;,t •re r � rw/eal Te• LID or• • I'. 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MPY G.P CORP �' � • LeorT .. aG • � ..�. 1 eder Like I: 117-1 F-1 11 Pine [ate -- .: I . - I I ow ..�"}•T��. ]r•Tf •• ,d .are ° SI-z- ifT�J'' �� i HAT[ rOfff a0•M IACIIrC I7 J. J+ Ire cOYtiry ' Coop / WHATCOM COUNTY FIRE PROTECTION DISTRICT #10 P. 0. Box 645 Bellingham, WA 98227 October 19, 1992 Shirely Forslof Whatcom County Auditor Whatcom County Courthouse Bellingham, Wa 98225 Dear Ms. Forslof, c=-y''`j Enclosed is a Petition for Annexation from Trillium Corporation which was accepted at Commissioners Meeting held the August 31, 1992. Also enclosed is a copy of the Minutes of the August 31, 1992, Commissioners Meeting with the area pertaining to the Motion to Accept this Petition for Annexation highlighted. If you need anything else, please let me know. My daytime phone is 206-647-6010. Very truly yours, WHATCOM COUNTY FIRE PROTECTION DISTRICT #10 / Susan Burkhardt, Secretary Fire District 10 Re: Yew St. Rd. area 152 acres PETITI O N We, the undersigned property owner(s), pursuant to RCW 52.04.021, 52.04.031, 52.04.041 and 52.04.051, hereby petition Whatcom County Fire Protection District No. 10 for annexation of the following described tract(s), totalling 152 acres more or less, with their location(s) indicated on the attached map(s): COUNTY ASSESSOR PARCEL NO.(S) (T - R - S) LEGAL DESCRIPTION (all in Sec 4, T 37 N, R 4 E) APPROX. NO. ACRES (a) 37 03 04 468 479 Gov't Lots 1 and 2 (N Yz, NE Qtd, less road (owner: Trillium) 77.00 (b) 37 03 04. 478 327 NE Qtr, SW Qtr, NE 0tr; E'/2 WY2 SW Qtr NE Qtr; and SE Qtr, NE Qtr (owner: Trillium) 60.00 (c) 37 03 04 292 365 W'/2 NW Qtr, SW Qtr, NE Qtr, less road (owner: Thomas R. McHugh) 4.85 (d) 37 03 04 366 293 SE Qtr, SW Qtr, NE Qtr, less road (owner: Bloedel Timberlands) 9.70 Approx. Total Acres: 152.00 (Trillium owns 90.1 % of this petition area.) The approximate legal description for the entire area is: NE Qtr, Sec 4, T37 N, R 4 E, less roads, and EXCEPT W '/2, SW Qtr, SW Qtr. We agree to assume our fair share of the financial obligations of the district: $1.00 general levy per $1,000 assessed value (no bonds). Also, please notify us of any meetings or public hearings held on this matter. Trillium Corporation 1313 Commercial St. Bellingham, WA 98225 By -ZY an Gorton, Vice President - Planning (206) 676-9400 -1Y /yfv p6tee r.1rt LA[sT. (v - few 0-t. Ka- a ve0L /-oZ7-Y SoZ awes t port�o� TO W N S H I P 37 N ., RANGE 3 E WHATCOM COUNTY, WASHINGTON v%A TO Scot lG - Na! To Blame .• 1��:; 7,42,J ' f 4 Yl.i lw.,, 77f 7 7f ft I 1Jst v fLl le Ex! W �lff�� f •I� , 2en•a•...�• -I �- -I I i elcec Ne; y-1 �❑ -/ a Ry nl 1U�71�t r e r A r ! E�o":v ce L� :�.... Tr kq�w �1f1�]f�+{I ILa[O[L TOR l0 D9V I' •+'r/a I-Ia T+I• off% (, _ [/�' •�� Co Rr)r Nef rN[ 111 R!!� _f L►-. e f .:. 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C.RP CARMOQY 6 BELLIA , IY ,%.a T ya T 1 - f L [ r} I ffw ]S caNR.R wOuat" o '� l ' STAY( reRC[T I 4 I� L'1 S �` �• ALL"- �# I�#F L•wR.. rve.M y.,t F1L •r,ay[!• i BLOtaEL lEt:.e4 AN[OMATLL •I I,fP u ! - • \ •,E me" 1 .EB,s lfJ �' ._„ter • n a , - o R coop 2 STATE :'-[IT f'1 i 4 rG PARK OEPT G P CORP caper lake ysMR STAT1 1t.r! f 17A : 4w ft ei y rii aconou �• �.I y; °•gun 4 7L -e iT.T! •a•[LF aew•O PACtrtC S Caf,TY. + coop r STATE—IILt.T i i. •'�•,LT� : .J Service Charges 52.18.010 Severabilily—Effective dates and termination dates—Construe- lion-1973 1st ex.s. c 195: See notes following RCW 84.52.043. 52.16.140 General levy may exceed limit When. Notwithstanding the limitation of dollar rates contained in RCW 52.16.130, the board of fire commissioners of any district may levy, in addition to any levy for tile payment of the principal and interest of outstanding general obligation bonds, an ad valorem tax on all prop- erty located in the district of not to exceed fifty cents per thousand dollars of assessed value and which will not cause the combined levies to exceed the constitutional or statutory limitations. and the additional levy, or any portion of the levy, may also be made when dollar rates of other taxing units are released by agreement with the other taxing units from their authorized levies. [ 1984 c 230 § 45: 1983 c 167 § 127; 1973 1st ex.s. c 195 § 53. 1951 2nd ex.s. c 24 § 9.1 i.iberal construction—Severahility-1983 c 167: See RCW 39- .46.010 and note following. Severahility—Effective dates and.lerminalion dales—Conslrue- tion-1973 1st ex.s..c 195: See notes following RCW 84.52.043. Levy or taxes: Chapter 84.52 RCW. 52.16.150 Donations and bequests to district. A fire protection district may accept and receive in behalf of the district any money or property donated, devised, or bequeathed to the district, and may carry out the terms of the donation, devise, or bequest, if within the powers granted by law to fire protection districts. In the absence of such terms, a fire protection district may expend or use the money or property for district purposes as deter- mined by the board. [1984 c 230 § 46; 1951 2nd ex.s. c 24 § 11.1 52.16.160 Tax levy by district where no township has been formed or where township disorganized and no longer making a levy. Notwithstanding the limitation of dollar rates contained in RCW 52.16.130, and in addi- tion to any levy for the payment of the principal and in- terest of any outstanding general obligation bonds and in addition to any levy authorized by RCW 52.16.130, 52- .16.140 or any other statute, if in any county where a township has never been formed or where there are one or more townships in existence malting annual lax levies and such township or townships are disorganized as a result of a county —wide disorganization procedure pre- scribed by statute and is no longer making any tax levy, or any township or townships for any other reason no longer makes any tax levy, the board of fire commis- sioners of any fire protection district within such county, which firs: protection district has at least one full time, paid employee, is hereby authorized to levy each year an ad valorem tax on ail taxable property within such dis- trict of not to exceed fifty cents per thousand dollars of assessed value, which levy may be made only if it will not affect dollar rates which other taxing districts may lawfully claim nor cause the combined levies to exceed the constitutional and/or statutory limitations. [1985 c 112 § 1; 1983 c 167 § 128; 1973 1st ex.s. c 195 § 54; 1969 ex.s. c 243 § 2; 1961 c 53 § 9.1 liberal construction—Severability-1983 c 167: See RCW 39- .46.010 and note following. Severabilily—Effective dates and terniiiindou dales—Construc- lion-1973 1st ex.s. c 195: See notes following RCW 84.52.043. Severahility-1969 ex.s. c 243: See note following RCW 45,82.010. County-tridc disorganization or townships: Chapter 45.80 RCIV. 52.16.170 Taxation and assessment of lands iving both wilhin a fire protection district and forest protection a5sessnlent area. In the event that lands lie within both tt fire protection district and a forest protection assessment area they shall be taxed and assessed as follows: (1) If the lands are wholly unimproved, they shall be subject to forest protection assessments but not to fire protection district levies; (2) If the lands are wholly improved, they shall be subject to fire protection district levies but not to forest protection assessments; (3) if the lands are partly improved and partly unim- proved they shall be subject both to fire protection dis- trict levies and to forest protection assessments: Provided, That upon request, accompanied by appropri- ate legal dcscriptions, the county assessor shall segregate any unimproved portions which each consist of twenty or more acres, and thereafter the unimproved portion or portions shall be subject only to forest protection asscss- ments. [ 1984 c 230 § 47; 1963 ex.s. c 13 § 3.1 Forest protection assessments: RCIV 76.04.610. Chapter 52.18 SERVICE CIiARGES Sections 52.18.010 Service charges authorized —Exceptions — Amounts —Limitations. 52.18.020 Personal property, improvements to real property — Defined. 52.18.030 Resolution establishing service charges—Con- tents--listing—Collection. 52.18.040 Reimbursement of county for administration and collec- tion expenses. 52.18.050 Voter approval of service charges required—Elec- tion—i3allot. 52,18.060 Public hearing—Required—Report—Servicc charge resolution to be filed. 52.18.065 Property tax limited if service charge imposed. 52.18.070 Review board. 52.18.080 Model resolution. 52.18.900 Severabilily-1974 ex.s. c 126. 52.18.010 Service charges authorized —Excep- tions —Amounts —Limitations. The board of fire commissioners of a fire protection district may by reso- lution, for fire protection district purposes authorized by law, fix and impose a service charge on personal prop- erty and improvements to real property which are lo- cated within the fire protection district on the. date specified and which have or will receive the benefits provided by the fire protection district, to be paid by the owners of the properties: Provided. That a service charge shall not apply to personal property and improvements (IM Ed.) iT ae 52 R(-I%'—f lot WHATCOM COUNTY FIRE PROTECTION DISTRICT #10 Commissioner's Meeting 7:30 p.m., Monday, August 31, 1992 The meeting was called to order at 7:30 p.m. by Chairman Bob Ekdahl. Those present were Commissioners Alex Sanders, gob Ekdahl, Susan Burkhardt, Secretary, and Dave Elmendorf, Fire Chief. Hereinafter referred to as Bob, Alex, Al, and Susan. Sheri Armstrong, Lieutenant —Personnel, Don Jenkins, Training Captain, Dick Hoyer, Lieutenant —Safety Officer, Lori White, Medical Services, Bob Young, Unity Insurance Agent and Roger Almskaar of the Trillium Corporation joined the meeting after 7:30. Several other Fire Fighters were present on an intermittent bases as a training meeting was being held at the same time as this meeting. Alex Motioned and Al Seconded that the Minutes of July 28, 1992, meeting be approved as read. Motion Carried. COMMUNICATION: Public Input — Bob Young, Agent of Unity Insurance, was allowed to speak at this time. Bob Young stated that he had mentioned Employment Practices Liability insurance at the August 1988 meeting. Bob Ekdahl said that he didn't remember it being mentioned and that it was something that the Fire Dept. would have been .interested in obtaining. Al asked if Bob Young's Errors and Omissions Insurance would cover this omission of information. We have an Application for Employment Practices Liability, the cost will be about $275.00. Al Kiefer Motioned and Al Seconded that Susan fill out the Application and send it in as soon as possible. Motioned carried. The Fire Dept. does have Errors and Omissions Insurance which covers "failure to respond to emergencies" types of situations. We will be receiving a refund on the Seagrave that was not deleted from the insurance policy at the appropriate time. Bob Young reviewed the insurance coverage that is in effect at the present time. Life Insurance is something that will be looked into by the Board. Boo Young will send a brochure. The subject of changing Insurance Agents, not insurance companies, was discussed. Susan mentioned that the Board of Fire Fighters Associations, Inc. is going to cover all of our Fire Fighters, and anyone associated with this Fire Dept., with $1000.00 Life Insurance free of cost in exchange for listing our people on their mailing list. Correspondence — Susan reported that she had sent the Bellingham Herald a Notice of Meetings To Be Held for this meeting. That she had contact with Bob Young, Unity Insurance, regarding Employment. Practices Liability cover and the deletion of the Seagrave from insurance coverage. That she had written a letter to the County Treasurer showing the current signatures of all of the Commissioners, etc., per their request. Susan has also closed the charge account with Kinko's. Received during the month was 1) a Letter from the Dept. of Labor & Industries regarding WISHA Complaint *92-74, Carmen Sylvester Complaint that Dave Elmendorf had faxed to Susan. 2) A list of Fire Fighters and the years that they have been paying into the Pension Fund of the Volunteer Fire Fighters Association. It seems that there are a few errors. Susan is to contact the Association and get the list updated. 3) We have also received the Chapter 41.24 RCW, Volunteer Firefighter's Relief and Pensions which will be read and explained at the September Pension Meeting. 4) We received a Road Name Proposal from he Whatcom County Engineering Dept. — no action. 5) Dept. of Labor & Industries has sent a notice of Materials Supplier, WAC 296-127- 018 which does not concern us. 6) Another notice from the Dept. of Labor & Industries concerning the prevailing wage rates —this also is of no concern. 7) The WA State Fire Fighters' Association has sent an application for Special Fire Fighter License Plates — no interest. 8) A letter from the Whatcom County Auditor's Office regarding Fire Fighter Wages questioning whether wages should be issued as regular wages, withholding Social Security etc., which would mean that the County would have to issued over 300 more paychecks a month. Susan contacted Shirley Forslof, Auditor, and asked what the letter was trying to tell us. Shirley said that she didn't know as yet. Shirley said that Gary Russell of the Ferndale Fire District was looking into the matter and that we will hear more about it in the future. 9) A Notice from the Whatcom County Treasurer requesting signatures of all Commissioners was received. Letter has already been sent. 10) Announcement for Fire Fighters seminar on Proposal Writing and Grantsmanship, notice posted. 11) Dave Elmendorf received a FireLine bulletin from the WA Fire Commissioners Association. All Commissioners received a copy. 12) A Notice of the HazMat '92, 14th Annual International Leak, Spill & Fire Control School to be held October 12-16, 1992 in Colorado Springs, CO —interest, yes, but too far away for attendance. 13) A Notice from the Carondelet Management Institute seminar on "When a Baby Dies", November 16th in Seattle —no attendance interest. 14) A Notice of Surplus Furniture Warehouse Open for Business from the WA State Dept. of General Administration —no interest. 15) Miscellaneous product catalogs were received. Al Kiefer was asked to sign the Certified Mail, release to Susan, form for the Post Office for a letter sent from the Dept. of Labor and Industries. Report of Fire Chief — The Standard Operation Procedures (SOP's) have been read by everyone. 3 changes had been proposed: 1) being the beards, which will remain exactly as written, 2) the change of Commissioners wanting final approval of appointment of officers will be made and 3) that all Commissioners, Officers and Fire Fighters must live within 5 (five) minutes response time of the Fire Hall in the future. Alex Motioned, Al Seconded that the SOP's be approved with the two changes "that the Commissioners have final approval of the appointment of Officers" and that from "September 1, 1992 all Commissioners, Officers and Fire Fighters of this Fire Dept. must live with 5 (five) minutes response time of the Fire Hall". Motioned Carried. Dave has not received an official notice from the Dept. of Labor and Industries of the infractions found by their inspection. A K "tentative list" is attached to these minutes. It should be noted that this "tentative list" is not official until we receive an official notice from the Dept. of Labor and Industries. Dave entered his resignation as Fire Chief of Whatcom Fire Protection District *10, effective September 1, 1992. Dave wants to remain with the Fire Dept. as Captain in charge of Maintenance. Dave wi 11 have the SOP' s in f ini shed f orm, as approved by September 1st as they are on disk. Dave will not be responsible for bringing the Fire Dept. current with the Dept. of Labor & Industries requirements. Dave apologized for resigning saying that he can no longer continue spend the time required to complete the job responsibilities and requirements of Fire Chief. Resignation was accepted, with the regrets of all Commissioners. Dave stated that the Dept. of Labor & Industries beard fine was originally $3000.00 but that it has been lowered to $150.00. If, in the future, the Dept. of Labor & Industries finds the Fire Dept. in violation of the beard regulation the fine could be $75,000.00 because it would be a willful violation. Bob Ekdahl stated that he has had a conversation with Fire Fighter Francisco regarding beards and that he had told Francisco that it was policy that beards were not allowed and that Francisco could cut the beard off or quit. Dave went on to say that some of the Dept. of Labor & Industries violations have 15 days to comply and some have 90 days, but that we have not received official notice as yet, compliance will start from the date that we receive official notice. Dave stated that he was asked to present the list of violations that we received from the Dept. of Labor & Industries Inspection at the Chief's Association meeting which he can not attend. Dave requested that one of the Commissioners attend the meeting on Wednesday, September 9th, at Ferndale at 7:00 p.m., in the evening and tell them what happened at the L&I inspection. Dave has talked with Fire District #2 regarding merging/take over as this Fire Dept. will never be the same. Dave sees three options for this Fire Dept.: 1)merge with Fire District #2, 2)close this Fire District and hand the keys to the County Commissioner who would probably contract it out, 3)keep the Fire District and dissolve the operations part of the District and contract out the protection to someone else. Contracting/merging with to Fire District *2 was discussed —it would take about one year to merge with another Fire District and a lot of legal work whereas a contract could be done in 45 to 60 days. Dave has had several meetings and talked with several Fire Departments regarding the future options open to this Fire Dept. All of Dave's time and efforts in this regard are appreciated. There was a -lot of discussion regarding contracting, taxpayers questions, policy differences, etc. Dave was a veritable fount of information regarding options for the future, which, again, was greatly appreciated. Dave is to set up a meeting' with Fire District #2 to further discussions regarding merger/contract. It was decided that Bob Ekdahl will be Acting Fire Chief for a period of 30 days only, that at the next meeting this Fire District will appointment a new Acting Fire Chief, will post the opening of the position of Fire Chief along with the Job Description and Qualifications, and that Dave will be Captain with Maintenance 3 responsibilities. Dave's first duty as Captain, Maintenance, will be to put a height sticker on the fire truck. The application of Marc Davison — was accepted. NEW BUSINESS — (Mr Almskaar was allowed to speak at this time) Roger Almskaar (671-6426) of Trillium Corporation was here to inquire if this Fire District would/could cover 152 acres ( roughly 2 sections 137 acres and 15 acres presently zoned for one house per every 20 acres. Roger went to the Public Library and obtained a copy of the WA State Law *52.16.170 that deals with Taxation and assessment of lands lying both within a fire protection district and forest protection assessment area (copy attached to these minutes). The area is presently zoned 1 house per 20 acres, we are not talking 4 houses per acre or 1 house per acre. Most of the Forestry land in the County would be 40 acres minimum and no houses. Trillium wants to preserve the value of the land. Roger and Al did take a Field Trip up to the land owned by Trillium that Trillium Corp. wants this District to cover. Al reported that the road was pretty good. This District would be required to protect any structures that may be built on the above described property, otherwise the Dept. of Natural Resources would be responsible for protection. Alex Motioned, Al Seconded, that we accept the application of the Petition for Annexation, of the area described therein, for Fire Protection from the Trillium Corporation. Motioned Carried. Roger stated that the matter also had to go to the County Auditor and the County Council for approval, that this is not the last step. We are to send a copy of the Petition and a copy of our. minutes or a letter to Shirley Forslof, Whatcom County Auditor, and she will look into the matter and will then forward it to the County Council. It was mentioned that this Fire District must have a key to the gate if it is ever to be locked. FINANCIAL STATEMENT — Susan has talked with the County Treasurer's Office and found that there is a difference between what the Auditor's Office and the Treasurer's Office say are available funds. We are using the Treasurer's figure 'for the Financial Statement this month as the Auditor's Office says that we have $1394.xx more than the Treasurers Office. Susan has not had an opportunity to discuss the difference in available funds with the Auditor's Office as of this date. She hopes to have the information by the next meeting. Susan also presented an updated Financial Statement for July reflecting the changes that were approved by the Commissioners at the last meeting BILLS — Al Motioned, Alex Seconded, and the Motion to pay the bills was carried. There was a discussion about the first payment on the New Pumper coming due September 20th. Al Motioned, Alex Seconded, the Motion to pay the September 20 payment of the New Pumper in the - amount of $20366.33. Motion Carried. Susan is to prepare the voucher, make arrangements for moving the appropriate amount of funds from the'Emergency Fund to the Expense Fund with the County Treasurers Office, obtain the necessary approval signatures and send the payment on September 20th. 4 UNFINISHED BUSINESS —Trillium Petition for Annexation has been handled. New Pumper has not been serviced as yet. The Dodge has been repaired. The Station Wagon still needs to be eliminated. The Security Light has been fixed. Update on EMT and First Aid Classes —Lori White was made Captain, Medical Services Officer by Dave Elmendorf, Fire Chief, on August 24th, and is helping Don Jenkins with the formation of the classes. Errors and Omissions Insurance, already handled. HIV/HBV Disclaimer/Release, we will use the Dept. of Labor & Industries form —forms are out for signature and all have not yet be returned. New employee qualifications, rules and regulations —Sheri Armstrong is working on them. NEW BUSINESS — Larry Leen has resigned as a Fire Fighter and wishes to receive all retirements funds due him from the Board of Volunteer Fire Fighters Association. Sheri Armstrong presented the application for Fire Fighter received from Ronald Wilson, 2045—A Yew Street Road, Bellingham, WA, phone 738-4904, SS# 480-50-9423. It appears that Mr. Wilson is highly trained, is available during the day and is qualified. Mr. Wilson's 6 month Probation will start when he receives Fire Fighter bunker gear. Also he is to remove his beard. It will also be his responsibility to obtain a copy of his Driving Record from the State Patrol to be attached to his application. Mr. Wilson spoke of his past experience and certifications. Alex Motioned, Al Seconded, that we accept Ronald Wilson as a Fire Fighter pending the issuance of bunker gear, the removal of his beard, the receipt of his driving record, and with a 6 month Probation period. Motioned carried. The subject of mildew in the stairwell was brought up. It seems that it is old mildew, all that can be done, has been done to cure the original problem. Gas furnace needs fixing. Alex will make arrangements. ADJOURNMENT — There being no further business, the meeting was adjourned at 9:30 p.m., by Bob Ekdahl, Chairman. Approved: September 30, 1992 Bob dahl, Chairman Respectively submitted, Susan Burkhardt, Secretary 5