The Washington State Boundary Review Board For King County

REGULAR MEETING

March 11, 2021

Zoom meeting

1. CALL TO ORDER

   Chair Hamlin convened the meeting at 7:15 P.M.

2. ROLL CALL

   The following members were present:

   • Evangeline Anderson
   • Sylvia Bushnell
   • Mary Lynne Evans
   • Chandler Felt
   • Marlin Gabbert
   • Claudia Hirschey
   • Paul MacCready
   • Hank Margeson
   • James Polhamus
   • Stephen Toy
   • Guest: Roberta Myers
3. MINUTES:

   Regular Meeting - January 14, 2021

   Chair Hamlin presented the minutes of the Regular Meeting of January 14, 2021 for review and action by the Board members.

   Lenora Blauman reported that Hank Margeson's previous experience correctly includes membership on the Redmond City Council and the Puget Sound Regional Council Growth Management Policy Board. With apologies to Mr. Margeson, Ms. Blauman submits this corrected Report for review and action at the Board.

   Action: Chandler Felt moved and Hank Margeson seconded the motion to adopt the minutes as corrected for the Regular Meeting of January 14, 2021.

   Board members voted eight in favor of approving this record of the Regular Meeting. ClaudiaMarlin Gabbert abstained as he did not attend the Regular Meeting.

4. ADMINISTRATION:

   1. Chair’s Report

      General Business: Chair Hamlin and Lenora Blauman reported that the Board staff is currently working on several projects including: (1) coordination with King County Executive/Council Work Program; (2) coordinating activities with the State Association; (3) pre-development review for future Notices of Intention; (4) planning of orientation programs for 2021; (5) implementation of the 2021 - 2022 Biennial Budget.

   2. Committee Reports

      1. Steering Committee

         • Robert C. Kaufman- Organization Rules of Practice and Procedure:

           Jay Hamlin reported that Robert Kaufman has served our agency as a Special Assistant Attorney General (pursuant to RCW 36.93.070) under the aegis of the State of Washington Office of the Attorney General. Recently, the Office of the State Attorney General (AGO) requested the transfer of Mr. Kaufman to the County, as the AGO is in process of establishing new regulations, goals, and policies for Special Assistant Attorneys General. The proposed standards cannot be accomplished by a timeline sufficient to maintain an active contract with Mr. Kaufman -- whose services are essential to the authorized functioning of the Boundary Review Board.

           To that end, as permitted by RCW 36.93.070, Board staff has worked with the King County Office of the Prosecuting Attorney to establish Mr. Kaufman as a Special Deputy Prosecuting Attorney. For 2021, Mr. Kaufman will be providing legal services to our Board under a contract with King County.

           Funding rates and sources — our General Fund — will continue to provide the retainer to Mr. Kaufman.

           Mr. Kaufman's role and responsibilities are defined under our Organizational Rules of Process and Procedure (ORPP). Our Steering Committee is established to address the ORPP. This document must be updated at this time in order to establish that the Board will retain the services of Robert Kaufman as legal counsel as a Special Deputy Prosecuting Attorney — via an independent service contract — with the Office of the King County Office of the Prosecuting Attorney (under the aegis of RCW 36.93.070).

           The revisions to ORPP may be found on pages 6, 7, 9, 12, and 17 of this document.

           The ORPP as revised will be sent to the State of Washington for recording.

         • Washington State Association of Boundary Review Boards

           Jay Hamlin reported that the Association is conducting a an Educational/Training Survey of Board members and staff members serving all Boundary Review Boards to determine levels of knowledge and levels of interest in participating in educational programs to enhance information and skills necessary to conduct business for each Board as prescribed by RCW 36.93 and related statutes (e.g., Growth Management Act, Open Public Meetings Act). Mr. Hamlin encouraged our members to complete the appropriate surveys.

           Survey findings and planned education programs will be provided at future Board meetings.

      2. Budget Committee

         LenoraLenora Blauman reported that the Board has closed its 2020 Budget. All future revenue and expenditures for the Board is being addressed in 2021-2022. The County is providing new tools for budget reporting and administration which will be useful to our agency. There will be regular meetings with the Board's Budget Analyst to ensure that the Board is appropriately managing our Biennial Budget.

      3. Legislative Committee — King County Board

         Mary Lynne Evans, speaking on behalf of the King County Board's Legislative Committee and the WSABRB Legislative Committee, reported that the WSABRB Legislative Committee is meeting on a regular basis to develop and implement policies, plans, and systems to work with Legislature 2021. Information is being obtained from Legi.scan.

         Ms. Evans reported that the WSABRB Legislative Committee has been dedicated and skilled in working with Legislature 2021. Investigation has identified the following bills of interest:

         • HB 1080: Capital Budget
         • HB1156: Increasing Voter Participation in Local Elections (boundary review boards outside King County)
         • SB 5042: Concerning Effective Date of certain actions... Growth Management Act
         • SB 5368: Encouraging Rural Economic Development

         These bills could result in some modifications to business operations but would not directly affect the authorities or responsibilities of boundary review boards.

         Particular interest is being directed to SB 5368 -- which directly affects rural economic development -- but also allows annexation via interlocal agreements. Annexations by interlocal agreements are subject to boundary review board evaluation under RCW 36.93. However, there is no opportunity to conduct public hearings and limited rights to appeal such actions.

         Interlocal agreements for annexation are also authorized by previous statutory mandate (SB 5522). As such, there is no viable opportunity for modifying statutes for interlocal agreement annexations at this time. However, the team is working with Washington State Association of Counties (WSAC) to consider modifications to legislation at some future point to increase opportunities for public review of interlocal agreement actions.

         Ms. Evans reported that the WSABRB Legislative Committee and Executive Committee are continuing to review bills listed on the state web-site. The WSABRB team will formulate responses, as appropriate, and in accord with a Statement of Principles approved by the Association.

         ---

         WSABRBLegislative Committee — American Planning Association — Washington Chapter (APA-WA): Lenora Blauman stated that the WAPA Chapter is meeting regularly to address issues of significance to the organization.

         The Legislature opened on January 11, 2021. Bills are required to be dropped by February 15 in order to qualify for consideration by the house of origin. The Senate and the House are moving bills considered to be viable forward to Committee review and hearing and onto Executive Sessions as well as to Ways and Means (for those bills requiring specific funding allocations). APA-WA is following proposed bills relating to the Growth Management Act and comprehensive planning schedules. There are also bills addressing land development, climate change, transportation, and environmental management. These bills would not directly affect boundary review board authorities and responsibilities a prescribed by RCW 36.93, et seq.

         • 1080: Capital Budget
         • 1080: Capital Budget • HB 1099: Climate Improvements via Comprehensive Planning
         • HB1156: Increasing Voter Participation in Local Elections (boundary review boards outside King County)
         • HB 1157: Increasing Housing Supply through Growth Management Act and housing density tax incentives for local governments
         • SB 5368: Encouraging Rural Economic Development
         • SB 5042: Concerning Effective Date of certain actions... Growth Management Act

      4. Executive Secretary’s Report

         ORIENTATION PROGRAMS: Ms. Blauman is continuing planning for a new cycle of orientation programs in 2021. Suggestions include the following topics/agencies:

         Ms. Blauman is actively working with the Economic Development Council to provide a presentation on Economic Trends for 2021. She is also working with Sound Cities Association.

         Other future opportunities include:

         • Economic Development Council

         • King County Local Services Unit

         • Puget Sound Regional Council — Vision 2050

         • Municipal Research Services Center

         • WAPA Legislative Team

      5. General Correspondence: Chair Hamlin referred the Board to general correspondence for consideration at this Regular Meeting. He invited feedback from members. Comments reported that the materials provided interesting information - no substantive questions were raised.

5. NEW BUSINESS:

   1. New Files:

      File No. 2405: Northshore — Woodinville Fire District Merger

      Lenora Blauman presented the summary of File 2405. This Notice of Intention is for the proposed merger of the Northshore Fire Department No. 16 (NFD) at 11 square miles with Woodinville Fire and Rescue (WF&R) at 34 square miles. If the merger is approved, the citizens in both Districts would receive services from WF&R.

      The following summary also references information and discussion provided by board members and input from Robert Kaufman, Legal Counsel.

      NFD and WF&R are located in Eastern King County. Each District is bounded on the north by the southern boundary of Snohomish County. The territories proposed for merger include both urban and rural lands in King County.

      NFD is entirely within King County’s Urban Area. It includes the cities of Kenmore and Lake Forest Park. It is bounded on the west by the City of Shoreline. The southern boundary is formed by the cities of Kirkland and Seattle. Bothell forms the eastern boundary.

      WF&R includes the City of Woodinville. It is bounded on the west by the City of Bothell. Redmond is located on the southern boundary. The eastern boundary is generally and variously formed by the cities of Duvall and Carnation. WF&R includes areas in Urban and Rural King County.

      With this Notice, the Districts are proposing merger solely for the purpose of combining administrative operations at this time. If merged, WF&R anticipates moving its administrative office to the administrative building at 7220 NE 181st St, Kenmore, WA 98028, which is located 5.4 miles from its current administrative headquarters. However, fire and EMS services would still be dispatched out of the existing stations. For example, the City of Woodinville would continue to be served by Station 31, 33, and 35, and the City of Kenmore and the City of Lake Forest Park would continue to be served by Stations 51 and 57.

      Boundary Review Board officials report that, as prescribed by RCW 36.93, with successful merger under this Notice, the new District would be directly able to merge other duties/responsibilities related to fire protection services at a future date.

      ***

      NFD and WF&R have been operating under a temporary interlocal agreement since February 2020, which has resulted in better service at a reduced cost to its taxpayers. The agencies share training programs for emergency personnel, administrative positions (fire chief, deputy chief, and a chief administrative officer) and joint departments, including finance, human resources, and technical services. Merging is determined by a study to be fiscally viable, making these service improvements and cost efficiencies permanent.

      NFD and WF&R are not adjoining territories. The City of Bothell is located between the two fire districts. The proposed merger would have no effect on properties within the City of Bothell, which will continue to be served by the City of Bothell’s fire department. The City of Bothell should not expect to experience a significant change in fire and EMS service apparatus traveling between the City of Woodinville and the City of Kenmore.

      Notification has been provided to the Cities of Bothell, Shoreline, Kenmore, Lake Forest Park, Redmond, and Kirkland. Additional outreach has been provided to Bothell. There has been no comment or inquiry returned from any of these jurisdictions.

      Specifically, however, it is reported that NFD and WF&R are located within a reasonable proximity of one another, and are near enough to each other so that governance, management, and service can be delivered effectively pursuant to RCW 52.06.010(2). The boundaries of the jurisdictions are approximately two (2) miles from one another and connected to each other by several major streets, particularly Highway 522. State law permits such annexations.

      Note is made of the fact that — while RCW 52.06 permits a merger of two noncontiguous areas — this action does not address RCW 36.93.180.04 that calls for annexations to avoid impractical boundaries. Mr. Kaufman reported that, by statutory mandate, Notices of Intention are to be considered based upon balanced priorities. Actions may be deemed appropriate by virtue of achieving the preponderance of relevant criteria.

      The proposed merged special purpose district provides several benefits to special purpose districts (e.g., property assets, operations, human resources) and enables greater local control by communities. Note is made of the fact that bonded indebtedness continues until the bonds are retired.

      File No. 2405 merger is subject to review by the Boundary Review Board. The Board would approve this action -- if the applicable statutes are achieved -- by “operation of law.” If approved, an election will be held in King County Fire Protection District No. 16. If a majority of the voters approve the ballot measure, the merger will be completed on a date mutually agreeable to the governing bodies of both Districts.

   2. Future files

      The Board has also received two preliminary files for informal consideration in advance of the proponents' submitting completed Notices of Intention.

      Two additional complete files are anticipated in the second quarter of 2021. The Board has been advised of several potential proposed future Notices of Intention:

      • Auburn (2 files)
      • Black Diamond (2 files)
      • Carnation (1 file)
      • Enumclaw (8 files)
      • Issaquah (2 files)
      • Maple Valley (3 files)
      • North Bend (4 files)
      • Renton (5 files)
      • Seattle (4 files)
      • Tukwila (2 files)
      • Water District No. 90 (1 file)
      • Bellevue (4 files)
      • Bothell (1 file)
      • Duvall (5 files)
      • Federal Way (3 files)
      • Kent (5 files)
      • Milton (1 file)
      • Redmond (4 files)
      • Sammamish (2 files)
      • Snoqualmie (4 files)
      • Vashon Sewer District (1 file)

      Note: There are 13 unincorporated urban areas in King County that are not assigned to a Potential Annexation Area.

6. ADJOURNMENT

   Chair Hamlin adjourned the Regular Meeting at 8:23 P.M.