Chapter 1.09
BOUNDARY REVIEW BOARD

Sections:

1.09.010    Established.

1.09.020    Election of officers.

1.09.030    Notices and correspondence.

1.09.040    Meetings.

1.09.050    Chief clerk.

1.09.060    Planning department.

1.09.070    Compensation.

1.09.080    Notice of actions.

1.09.090    Rules filed with the secretary and public inspection.

1.09.100    Receipt and acceptance of revenue.

1.09.010 Established.

(a)    There be and hereby is created and established a boundary review board as contemplated by Chapter 36.93 RCW for Chelan County;

(b)    The boundary review board shall be deemed to be established on the date of adoption of the resolution codified in this chapter;

(c)    The boundary review board members shall be appointed and serve terms consistent with RCW 36.93.061;

(d)    Hereafter all annexations or other boundary changes as described in Chapter 36.93 RCW shall be reviewed by the county review board in accordance with the standards and requirements of Chapter 36.93 RCW;

(e)    The board of Chelan County commissioners shall provide the board with staff and financial support as required by Chapter 36.93 RCW. (Res. 2021-84, 6/29/21; Res. 2015-35, 3/16/15).

1.09.020 Election of officers.

The members of the boundary review board shall elect from its members a chair and vice chair. (Res. 2021-84, 6/29/21).

1.09.030 Notices and correspondence.

Any and all notices and correspondence to the board shall be addressed to and received by the boundary review board, care of: Chelan County Auditor, Elections Division, 350 Orondo Avenue, Level 3, Suite 306, Wenatchee, WA 98801. (509) 667- 6800. Notices and correspondence can only be in paper form delivered via U.S. mail, or personally delivered during regular business office hours. No electronic or email notices or correspondence will be accepted. (Res. 2021-84, 6/29/21).

1.09.040 Meetings.

(a)    The board shall adopt rules of practice and procedure, and shall provide forms available upon request, and by resolution establish the time and manner of holding all regular or special meetings.

(b)    All meetings shall be subject to Chapter 42.30 RCW and the board shall keep a journal of its proceedings which shall be a public record.

(c)    A majority of all the members shall constitute a quorum for the transaction of business. (Res. 2021-84, 6/29/21).

1.09.050 Chief clerk.

(a)    The chief clerk of the boundary review board shall be the director of the Chelan County department of community development or his or her designee, who shall be the secretary of the board.

(b)    The chief clerk of the board shall have the power to administer oaths and affirmations, certify to all official acts, issue subpoenas, and may invoke the aid of any court of competent jurisdiction to carry out such powers. (Res. 2021-84, 6/29/21).

1.09.060 Planning department.

The planning department of the county shall furnish such information to the board at its request as may be reasonably necessary for the performance of its duties. (Res. 2021-84, 6/29/21).

1.09.070 Compensation.

Pursuant to RCW 36.93.070, each member of the board shall be compensated from the county current expense fund at the rate of fifty dollars per day, or a major portion thereof, for time actually devoted to the work of the boundary review board. (Res. 2021-84, 6/29/21).

1.09.080 Notice of actions.

(a)    Prior to the adoption of any rule authorized by law, or the amendment or repeal thereof, the board shall file notice thereof with the Chelan County superior court clerk.

(b)    So far as practicable, the board shall also publish or otherwise circulate notice of its intended action and afford interested persons opportunity to submit data or views either orally or in writing. Such notice shall include (1) a statement of the time, place, and nature of public rule-making proceedings, (2) reference to the authority under which the rule is proposed, and (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved. (Res. 2021-84, 6/29/21).

1.09.090 Rules filed with the secretary and public inspection.

Each board shall file forthwith with the clerk of the court a certified copy of all rules and regulations adopted and the clerk shall keep a permanent register of such rules open to public inspection. (Res. 2021-84, 6/29/21).

1.09.100 Receipt and acceptance of revenue.

(a)    Findings.

(1)    The Washington State boundary review board in and for the county of Chelan was duly created pursuant to Chapter 36.93 RCW; and

(2)    This chapter was duly adopted and governs the operations of the boundary review board; and

(3)    This chapter established the expenses of the boundary review board be paid by Chelan County consistent with RCW 36.93.080; and

(4)    This chapter also needs to authorize the county on behalf of the boundary review board to accept revenue; and

(5)    Pursuant to RCW 36.93.120, the county must collect from anyone initiating an annexation and filing a notice of intention a fee of fifty dollars; and

(6)    Pursuant to RCW 36.93.120, the county must collect from anyone, other than the boundary review board itself, seeking review and filing a petition for review pursuant to RCW 36.93.100 to invoke the boundary review board’s jurisdiction, a fee of two hundred dollars; and

(7)    Pursuant to RCW 36.93.080, the county may possibly receive reimbursement from the Washington State Department of Commerce of fifty percent of the boundary review board’s actual operational costs on an annual basis; and

(8)    Pursuant to RCW 36.93.120, revenue from required payments to the county on behalf of the boundary review board shall be paid to the county treasurer and placed in the county current expense fund; and

(9)    Anyone filing either a notice of intention or a petition for review must show the elections division of the auditor’s office a treasurer’s receipt for payment of fifty dollars, in the case of a notice of intention, or two hundred dollars, in the case of a petition for review, before the auditor can accept for filing either the notice of intention or the petition for review.

(b)    The recitals in subsection (a) of this section are deemed findings and conclusions of the board and are incorporated herein as orders of this board.

(c)    This chapter is hereby amended to allow the treasurer to accept revenue on behalf of the boundary review board into the general fund at accounting line no. 010.17.36991.00.000.

(d)    Pursuant to RCW 36.93.120, the county must collect from anyone initiating an annexation and filing a notice of intention a fee of fifty dollars.

(e)    Pursuant to RCW 36.93.120, the county must collect from anyone, other than the boundary review board itself, filing a petition for review a fee of two hundred dollars.

(f)    Pursuant to RCW 36.93.080, reimbursement from the Washington State Department of Commerce of fifty percent of the boundary review board’s actual operational costs may also be received by the county.

(g)    Pursuant to RCW 36.93.120, revenue from payments to the county on behalf of the boundary review board shall be paid to the county treasurer and placed in the county current expense fund at accounting line no. 010.17.36991.00.000.

(h)    Anyone filing either a notice of intention or a petition for review must show the elections division of the auditor’s office a receipt issued by the treasurer’s office for payment of fifty dollars, in the case of a notice of intention, or two hundred dollars, in the case of a petition for review, before the auditor can accept for filing either the notice of intention or the petition for review. (Res. 2022-42, 5/2/22).