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HomeMy WebLinkAbout2025 - Port of Bellingham Proposition 2025-04 Number of Port Commissioners - General and Special Election November 05, 2025CCD I ATTORNEYS �J AT LAW Holly M. Stafford e. hstafford@csdlaw.com Attorney d. 360.306.3012 ii p;st cvkn-01 .162-�O A C I 7 6�-� ()VI6 t. 360.671.1796 www.csdlaw.com 3 RESOLUTION NO. 1426 A RESOLUTION ADOPTING A COMMISSIONER DISTRICT MAP FOR THE PORT OF BELLINGHAM, ESTABLISHING FIVE NEWLY DRAWN COMMISSIONER DISTRICTS WHEREAS, on July 15, 2025, the Port of Bellingham (the "Port") adopted Resolution 1422, proposing a ballot measure that would increase the number of commissioners of the Port District from three (3) to five (5) commissioners, each assigned to one (1) of five (5) newly drawn separate districts; WHEREAS, the aforementioned ballot proposition appeared on the November 4, 2025, Whatcom County election ballot and was approved by a majority of voters; WHEREAS, the expansion of the Port Commission from three (3) to five (5) members requires that the Port redistrict its internal Commissioner Districts prior to the first day of January the year in which the two additional commissioners will be elected; WHEREAS, in accordance with RCW 53.12.010: (a) only a registered voter who resides in a commissioner district may be a candidate for, or hold office as, a commissioner of the commissioner district; and (b) only the voters of a commissioner district may vote at a primary to nominate candidates for a commissioner of the commissioner district. Moreover, voters of the entire port district may vote at a general election to elect a person as a commissioner of the commissioner district; WHEREAS, the Port will hold a special election in November 2026 to fill the two additional commissioner positions. This means that the Port must complete the redistricting process prior to January 1, 2026; WHEREAS, the Port engaged the services of Sammamish Data Systems, Inc. ("Sammamish") to determine if the Whatcom County Council District boundaries in effect in 2025 comply with state and federal law and could be relied upon by the Port in forming the five (5) newly drawn Port Commissioner Districts. Sammamish (i) concluded that the Whatcom County Council Districts were fair for representation; and (ii) recommended that the Port use the County Council Districts for the Port Commissioner Districts; WHEREAS, prior to adoption of this Resolution, there were a number of opportunities for the public to provide comment to the Port Commission on approaches to drawing the five (5) newly formed Port Commissioner Districts, including a public hearing that was properly noticed and occurred on December 9, 2025; WHEREAS, the Port Commission has reviewed Sammamish's report, considered public comment, and discussed the redistricting approach and process in multiple public meetings. The Port Commission has determined that adoption of the Whatcom County Council District boundaries as they exist in 2025 is in the best interest of the Port; WHEREAS, the Port District map will depict Port Commissioner Districts labeled one (1) through five (5); WHEREAS, RCW 53.12.130 requires that the incumbent Port Commissioners represent Port Commissioner District Nos. 1, 2, and 3, and the two new Commissioners represent Port Commissioner District Nos. 4 and 5; RESOLUTION NO. 1426 Page 1 of 3 WHEREAS, the Port Commissioner Districts cannot bear the same numbering configuration of the Whatcom County Council Districts because one of the incumbent Port Commissioners resides in Whatcom County Council District No. 5; and WHEREAS, in order to maintain (i) close alignment between the Port Commissioner Districts and the Whatcom County Council Districts, while complying with RCW 53.12.130; and (ii) an urban and rural representation on the Port Commission reflective of the urban and rural representation on the Whatcom County Council, the Port Commission shall label the newly drawn Port Commissioner Districts as follows: Current Whatcom County Council District No. Port Commissioner District No. 1 1 2 2 3 5 4 5 - _ 4 3 - — This identification is further depicted on the Port of Bellingham Commission Expansion Map attached hereto and incorporated by reference. NOW, THEREFORE, BE IT RESOLVED, by the Port Commission of the Port of Bellingham, Washington, as follows: Section 1: The Commission of the Port of Bellingham hereby approves and adopts the attached Port of Bellingham Commission Expansion Map dated December 9, 2025, whereby five (5) newly formed Commissioner Districts are drawn. Section 2: One Port Commissioner shall represent each of the newly drawn Port Commissioner Districts as set forth herein.. Companion Resolution No. 1427 shall designate which of the two incumbent Port Commissioners who reside in newly drawn Port Commissioner District No. 2 shall represent newly drawn Port Commissioner District No. 1, after the drawing of lots, as provided for in RCW 53.12.130. Section 3: This Resolution shall be submitted to the Whatcom County Auditor prior to January 1, 2026. Section 4: This Resolution shall become effective immediately upon adoption and full execution as provided by law. [Signatures on subsequent page] RESOLUTION NO. 1426 Page 2 of 3 ADOPTED by the Board of Commissioners of the Port of Bellingham this p day of December, 2025. BOBBY BR[ COE, COMMISSION PRESIDENT KEN L: OMMISSION VI P SIDENT MICHAEL SHEPARD, COMMISSION SECRETARY RESOLUTION NO. 1426 Page 3 of 3 RESOLUTION 1427 A RESOLUTION DETERMINING BY LOT WHICH OF THE TWO INCUMBENT COMMISSIONERS WHO RESIDE IN NEWLY DRAWN COMMISSIONER DISTRICT TWO WILL REPRESENT NEWLY DRAWN COMMISSIONER DISTRICT NUMBER ONE WHEREAS, on July 15, 2025, the Port of Bellingham (the "Port") adopted Resolution 1422, proposing a ballot measure that would increase the number of commissioners of the Port District from three (3) to five (5) commissioners, each assigned to one (1) of five (5) newly drawn separate districts; WHEREAS, the aforementioned ballot proposition appeared on the November 4, 2025, Whatcom County election ballot and was approved by a majority of voters; WHEREAS, the expansion of the Port Commission from three (3) to five (5) members required that the Port redistrict its internal Commissioner Districts prior to January 1, 2026; WHEREAS, on December 16, 2025, the Port Commission adopted Resolution No. 1426, which approved and adopted the Port of Bellingham Commission Expansion Map, dated December 9, 2025; WHEREAS, two incumbent Commissioners reside in newly drawn Port Commissioner District No. 2. In accordance with RCW 53.12.130 and Resolution No. 1426, those two Commissioners shall determine by lot whether they will represent Port Commissioner District No. 2 or Port Commissioner District No. 1 for the remainder of their respective terms; WHEREAS, in addition to the two current incumbent Commissioners who reside in newly drawn Port Commissioner District No. 2, the successor of one of those two incumbents who shall take office on January 1, 2026, after being qualified, also resides in newly drawn Port Commissioner District No. 2. It, therefore, follows that Commissioner -elect Carly James shall represent one of the newly drawn Port Commissioner Districts as determined by lot; WHEREAS, on December 16, 2025, the determination by lot was decided by the flip of a coin by Interim Executive Director Tiffany DeSimone in an open public meeting, which was called by incumbent Commissioner Michael Shepard; and WHEREAS, Commissioner Michael Shepard won the drawing of lots, resulting in him deciding to represent newly drawn Port Commissioner District No. 1 for the remainder of his term. It, therefore, follows that Commissioner -elect Carly James shall represent newly drawn Port Commissioner District No. 2 upon taking office. NOW, THEREFORE, BE IT RESOLVED, by the Port Commission of the Port of Bellingham, Washington, as follows: Section 1: The Commission of the Port of Bellingham hereby approves and adopts the below assignment of incumbent Commissioners to the newly drawn five (5) Port Commissioner Districts: Commissioner/Commissioner-Elect Michael Shepard Ken Bell/Carly James Bobby Briscoe RESOLUTION NO. 1427 Page 1 of 2 One Two Three Drawn Port Commissioner District Section 2: This Resolution shall be submitted to the Whatcom County Auditor prior to January 1, 2026. Section 3: This Resolution shall become effective immediately upon adoption and full execution as provided by law. ``,,�� ADOPTED by the Board of Commissioners of the Port of Bellingham this &y'"day of December, 2025. BOBBY BRISC E, COMMISSION PRESIDENT MICHAEL SHEPARD, COMMISSION SECRETARY RESOLUTION NO. 1427 Page 2 of 2 CSD - Holly Stafford From: CSD - Holly Stafford Sent: Thursday, December 18, 2025 1:01 PM To: Thomas Greenan Cc: Stacy Henthorn; CSD - Alicia Bolander Subject: RE: Port of Bellingham/Redistricting Attachments: Resolution 1426 - District Map.pdf, Resolution 1427 - Commissioner District Number One.pdf, POB Commission Expansion Map_12.09.2025.pdf Greg, Sounds easy enough. Stacy, Attached here are the two Port resolutions: Resolution 1426 — adopting the district map and numbering the Commissioner districts. Resolution 1427 — assigning Commissioner Shepard to newly drawn Commissioner District No. 1 and Commissioner Bell/Commissioner Elect James to Commissioner District No. 2. I am also including an electronic version of the redistricting map as the third attachment here, in case that is easier to read than the one exhibited to Resolution No. 1426. In case there are any questions, the Port Commissioner Districts have the same boundaries as the County Council Districts, but the numbering is slightly different, as detailed in Resolution 1426. Please let me know if I need to bring the original wet signatures by to your office or if you need anything else. Holly Holly M. Stafford Attorney 1500 Railroad Ave. Bellingham, WA 98225 d 360.306.3012 t 360.671.1796 x 222 w csdlaw.com Legal Assistant: Alicia B. Bolander t 360.671.1796 x 302 e abolander@csdlaw.com CSD I ATTORNEYS AT LAW From: Thomas Greenan <TGreenan@co.whatcom.wa.us> Sent: Thursday, December 18, 2025 12:36 PM To: CSD - Holly Stafford <hstafford@CSDLAW.com> Cc: Stacy Henthorn <SHenthor@co.whatcom.wa.us> Subject: RE: Port of Bellingham/Redistricting External (tgreenan@co.whatcom.wa.us) Report This Email FAQ Protection by INKY Hi Holly, I think it is pretty straightforward. The Port needs to send it authorizing legislation — resolution of whatever— and new district map to the Auditor (who is copied above). If the resolution is not self-explanatory or is unclear in some way, the Auditor will contact the Port for clarification before the public notice announcing the election is published. Give me a call if you have any questions. Thanks. Greg From: CSD - Holly Stafford <hstafford@CSDLAW.com> Sent: Wednesday, December 17, 2025 2:56 PM To: Thomas Greenan <TGreenan@co.whatcom.wa.us> Subject: RE: Port of Bellingham/Redistricting Hi Greg, I just left you a voicemail message but am following up with an email in case you see this first. When you have a few minutes, can you give me a call about closing out the Port of Bellingham's redistricting process, now that it has adopted a plan and the three incumbent Commissioners have been assigned their Commissioner districts? Thankyou, Holly Holly M. Stafford Attorney 1500 Railroad Ave. Bellingham, WA 98225 d 360.306.3012 t 360.671.1796 x 222 w csdlaw.com Legal Assistant: Alicia B. Bolander t 360.671.1796 x 302 e abolander o)-csdlaw.com SD I ATTORNEYS CATLAW From: CSD - Holly Stafford Sent: Thursday, November 13, 2025 11:50 AM To: Thomas Greenan <tareenan@co.whatcom.wa.us> Cc: CSD - Alicia Bolander <abolander@CSDLAW.com> Subject: Port of Bellingham/Redistricting Greg, Thank you for taking the time to speak with me about the Port of Bellingham's redistricting process. The key statutes that may be helpful are: RCW 53.12.130: "The port commissioners shall divide the port district into five commissioner districts prior to the first day of January in the year in which the two additional commissioners shall be elected... The new commissioner districts shall be numbered one through five and the three incumbent commissioners shall represent commissioner districts one through three. If, as a result of redrawing the district boundaries two or three of the incumbent commissioners reside in one of the new commissioner districts, the commissioners who reside in the same commissioner district shall determine by lot which of the first three numbered commissioner districts they shall represent for the remainder of their respective terms." o If the Port Commission adopts the County Council District lines as is expected, Commissioner Shepard and Commissioner -elect James both reside in County Council District No. 2, so the drawing of lots will need to occur. We want to confirm the Auditor's role in that process and timing of the same. • RCW 53.16.015 — ports may redraw district boundaries at any time. RCW 29A.76.010 o The anticipating timing is: December 9` public hearing on redistricting; December 16th Commission meeting for adopting of the redistricting plan. The current timeline has the Port completing redistricting by January 1, 2026; May 8, 2026, will be the candidate filing deadline for positions 4 and 5; August 4, 2026, primary election, if necessary; November 3, 2026 election for two new commissioners. Top vote getter will have a 3 year term, with the other winning commissioner having a 1 year term, per RCW 53.12.130. Please let me know if you would like to set up another time to chat once you've had time to discuss with your client. Thanks, Holly Holly M. Stafford Attorney 1500 Railroad Ave. Bellingham, WA 98225 d 360.306.3012 t 360.671.1796 x 222 w csdlaw.com Legal Assistant: Alicia B. Bolander t 360.671.1796 x 302 e abolanderCa)csdlaw.com ATTORNEYS CSD I AT LAW Summary Report Page: 1 of 1 -24 Whatcom 2025-11 County, Washington, GENERAL 2025, Nov 04, 2025 16:41.24 All Precincts, All Districts, All Counter Groups, All ScanStations, Port of Bellingham Prop 2025-04 Number of Port Commissioners, All Boxes Total Ballots Cast: 76618, Registered Voters: 169242, Overall Turnout: 45.27 Choice Votes Vote % All Precincts Port of Bellingham Prop 2025-04 Number of Port Commissioners (Vote for 1) overvotes, 6842 undervotes), 169242 registered voters, turnout 45.27% 76618 ballots (1 over voted ballots, 1 Approved 45464 65.16% R6ected 24311_ 34.84% Total 69775 100.00% Overvotes 1 Undervotes 6842 STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) A canvass of the votes cast by qualified voters in the Port of Bellingham for the district's submitted ballot measure for the November 4, 2025 Special Election is complete. The results of the election were duly canvassed by the Whatcom County Canvassing Board on November 25, 2025, and the results of said canvass are above Dated this 2"d day of December, 2025, Bellingham, Whatcom County, Washington. Stacy Henthori'lFj County Auditor Final Language Ballot Title Port of Bellingham Proposition 2025-04 Number of Port Commissioners The Commission of the Port of Bellingham adopted Resolution No. 1422, concerning a proposition to increase the number of commissioners of the Port District from three (3) commissioners to five (5) commissioners, each assigned to one (1) of five (5) newly drawn separate districts. Should this proposition be: Approved Rejected Explanatory Statement This measure, if approved, would increase the number of Port commissioners from three (3) to five (5) and would result in the creation of five (5) Port commissioner districts. The two new commissioners would be elected in the November 2026, general election. District Name: District Address: Contact Person 1 Whatcom County Auditor's Office Ballot Measure Coversheet Port of Bellingham 1801 Roeder Avenue, Bellingham, WA 98225 Tiffanv DeSimone, Interim ED Name & Title 360-676-2500 Phone & email Attorney Information Holly Stafford Name 360-671-1796, httafford@csdlaw.com Phone & email Resolution with original signatures or a certified copy Explanatory Statement prepared by your attorney, not to exceed 100 words Contact Person 2 'Tracy Lewis, Executive Assistant Name & Title j 360-676-2500 Phone & email Has your attorney prepared this ballot measure? .00 Yes 0 No Yes 0 No + Yes 0 No Committee Appointment Forms separate forms for each committee Yes 0 No Completed Ballot Measure Coversheet Auditor's Office Use Received In Aerson .4 <' JUL 2 4 2025 Whatcom County Elections Proposition/initiative Number 1 Deputy A itor'sSignature Yes 0 No Missing document(s): I understand that the submittal deadline date for the missing documents is and the Auditor's Office will not begin processing this ballot measure until all documents have been submitted. Pre sekift,r's Sigr)ature Reviewed 12/12/2023 Received In Person PORT OF BELLINGHAM JUL 2 4 2025 WHATCOM COUNTY, WASHINGTON Whatcom County Elections NUMBER OF PORT COMMISSIONERS RESOLUTION NO. 1422 A RESOLUTION of the Commission of the Port of Bellingham, Whatcom County, Washington, providing for the form of ballot proposition and specifying certain other details concerning submission to the qualified voters of the Port District at a general election to be held therein on November 4, 2025, of a proposition whether the number of commissioners of the Port District should be increased from three (3) commissioners to five (5) commissioners, each assigned to one (1) of five (5) newly drawn separate districts. ADOPTED July 15, 2025 PREPARED BY: CSD Attorneys at Law P.S. Bellingham, Washington RESOLUTION NO. 1422 PORT OF BELLINGHAM, WASHINGTON A RESOLUTION OF THE COMMISSION OF THE PORT OF BELLINGHAM, WHATCOM COUNTY, WASHINGTON, PROVIDING FOR THE FORM OF BALLOT PROPOSITION AND SPECIFYING CERTAIN OTHER DETAILS CONCERNING SUBMISSION TO THE QUALIFIED VOTERS OF THE PORT DISTRICT AT A GENERAL ELECTION TO BE HELD THEREIN ON NOVEMBER 4, 2025, OF A PROPOSITION WHETHER THE NUMBER OF COMMISSIONERS OF THE PORT DISTRICT SHOULD BE INCREASED FROM THREE (3) COMMISSIONERS TO FIVE (5) COMMISSIONERS, EACH ASSIGNED TO ONE (1) OF FIVE (5) NEWLY DRAWN SEPARATE DISTRICTS. WHEREAS, RCW 53.12.115 authorizes a ballot proposition to be submitted to the voters of a port district authorizing an increase in the number of port commissioners to five (5) whenever the port commission adopts a resolution proposing the increase in number of port commissioners. NOW, THEREFORE, be it resolved by the Board of Commissioners (the "Board") of the Port of Bellingham, Whatcom County, Washington (the "Port" or "Port District") as follows: Section 1. Ei. LdLngs. The Port Commission hereby finds and declares that it shall submit for approval or rejection by the qualified voters of the Port District at the next district general election to be held on November 4, 2025, the proposition whether the number of commissioners of the Port District should be increased from the current three (3) Commissioners to five (5) commissioners, each assigned to one (1) of five (5) newly drawn separate districts. The Port Commission further determines that this issue should be decided at the general election because it is anticipated that the general election will have the greatest voter turnout. Section 2. Authorization For Election. The Port Commission does hereby request that the Whatcom County Auditor, as ex -off icio supervisor of elections in Whatcom County, call and conduct such election to be held within the Port District on November 4, 2025, and submit to the qualified electors of the Port District the proposition set forth below. The Secretary of the Board of Commissioners is hereby authorized and directed to certify the proposition to said officials in the following form: PROPOSITION NO. 1 PORT OF BELLINGHAM, WASHINGTON NUMBER OF PORT COMMISSIONERS The Commission of the Port of Bellingham adopted Resolution No. 1422, concerning a proposition to increase the number of commissioners of the K Port District from three (3) commissioners to five (5) commissioners, each assigned to one (1) of five (5) newly drawn separate districts. Should this proposition be: Approved......................................... [ Rejected.......................................... [ The Secretary of the Board of Commissioners is hereby authorized to deliver a certified copy of this Resolution to the Whatcom County Auditor. Section 4. Notices relating to Ballot Title. For purposes of receiving notice of the exact language of the ballot title required by RCW 29A.36.080, the Board hereby designates (a) Interim Executive Director Tiffany DeSimone, telephone 360-676-2500, a -mail tiffanyd@portofbellingham.com; and (b) general counsel, Holly M. Stafford at CSD Attorneys at Law P.S., telephone 360-671-1796, a -mail hstafford@csdlaw.com, as the individuals to whom the Whatcom County Auditor shall provide such notice. The Secretary of the Board is authorized to approve changes to the ballot title, if any, deemed necessary by the Whatcom County Auditor or the Office of the Whatcom County Prosecuting Attorney. Section 5. Qualified Voters. The persons entitled to vote on the above -mentioned proposition shall be those registered voters within the boundaries of the Port District. Section 6. Required irmative Vote for Passage. The aforementioned proposition would pass if a majority of the registered voters at the aforementioned election vote "Approved" on the aforementioned proposition. Section 7. Severability. In the event that any provision of this Resolution shall be held to be invalid, such invalidity shall not affect or invalidate any other provision of this resolution, but it shall be construed and enforced as if such invalid provision had not been contained herein; provided, however, that any provision which shall for any reason be held by reason of its extent to be invalid shall be deemed to be in effect to the extent permitted by law. Section 8. Effective Date. This Resolution shall become effective immediately upon its adoption. ADOPTED by the Board of Commissioners of the Port of Bellingham, Whatcom County, Washington, this 15t" day of July, 2025. 3 PORT OF BELLINGHAM WHATCOM COUNTY, WASHINGTON Commission President, Bobby Briscoe �Co fission Vice Preside efi Bell Commission Secretary, Michael Shepard CERTIFICATE I, the undersigned Secretary of the Port Commission (the "Commission") of the Port of Bellingham, Washington (the "Port"), and keeper of the records of the Commission, DO HEREBY CERTIFY: 1. That the attached resolution is a true and correct copy of Resolution No. 1422 of the Commission (the "Resolution"), duly adopted at a regular meeting of the Commission held on the 15th day of July, 2025; and 2. That said meeting was duly convened and held in all respects in accordance with law, and to the extent required by law, due and proper notice of such meeting was given; that a legal quorum of the Commission was present throughout the meeting and a legally sufficient number of members of the Commission voted in the proper manner for the adoption of said Resolution; that all other requirements and proceedings incident to the proper adoption of said Resolution have been duly fulfilled, carried, and otherwise observed, and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of July 2025. Commission Secretary, Michael Shepard 5 OFFICIAL BALLOT PORT OF BELLINGHAM, WASHINGTON November 4, 2025 INSTRUCTIONS TO VOTERS: To vote in favor of the following proposition, place a cross (x) in the square opposite the word "APPROVED"; to vote against the following proposition, place a cross (x) in the square opposite the word "REJECTED." PROPOSITION NO. 1 PORT OF BELLINGHAM, WASHINGTON NUMBER OF PORT COMMISSIONERS The Commission of the Port of Bellingham adopted Resolution No. 1422, concerning a proposition to increase the number of commissioners of the Port District from three (3) commissioners to five (5) commissioners, each assigned to one (1) of five (5) newly drawn separate districts. Should this proposition be: Approved......................................... [ Rejected.......................................... [ A NOTICE PORT OF BELLINGHAM, WASHINGTON WHATCOM COUNTY, WASHINGTON November 4, 2025 NOTICE IS HEREBY GIVEN that on November 4, 2025, a general election will be held in the above -named Port District for the submission to the qualified electors of said Port the following proposition: PROPOSITION NO. 1 PORT OF BELLINGHAM, WASHINGTON NUMBER OF PORT COMMISSIONERS The Commission of the Port of Bellingham adopted Resolution No. 1422, concerning a proposition to increase the number of commissioners of the Port District from three (3) commissioners to five (5) commissioners, each assigned to one (1) of five (5) newly drawn separate districts. Should this proposition be: Approved.........................................L l Rejected.......................................... l Whatcom County Auditor 7 Election Date: November 4, 2025 Name of Jurisdiction Submitting Measure: Port of Bellingham, Whatcom County, Washington Contact Name: Holly M. Stafford Daytime Contact Phone Number: 360-671-1796 Word Count: 42 EXPLANATORY STATEMENT— PROPOSITION NO. 1 This measure, if approved, would increase the number of Port commissioners from three (3) to five (5) and would result in the creation of five (5) Port commissioner districts. The two new commissioners would be elected in the November 2026, general election. .D