HomeMy WebLinkAboutCouncil May 9 2023COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Minutes - Final
Tuesday, May 9, 2023
6 PM
Hybrid Meeting
HYBRID MEETING (PARTICIPATE IN -PERSON, SEE REMOTE JOIN
INSTRUCTIONS AT www.whatcomcounty.us/joinvirtualcouncil, OR CALL
360.778.5010); AGENDA REVISED 5.8.2023
COUNCILMEMBERS
Barry Buchanan
Tyler Byrd
Todd Donovan
Ben Elenbaas
Carol Prazey
Kaylee Galloway
Kathy Kershner
CLERIC OF THE COUNCIL
Dana Brown -Davis, C.M.C.
Council Minutes - Final May 9, 2023
Council Chair Barry Buchanan called the meeting to order at 6:01 p.m. in a
hybrid meeting.
Present: 7 - Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Carol Frazey,
Kaylee Galloway, and Kathy Kershner
FLAG SALUTE
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COUNTY EXECUTIVE'S REPORT
There was no report.
MINUTES CONSENT
Byrd moved to accept the minutes consent items. The motion was seconded
by Frazey (see votes on individual items below).
1. ��'iN2023-033 Committee of the Whole for April 25, 2023
Byrd moved and Frazey seconded that the Minutes Consent be APPROVED
BY CONSENT. The motion carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 0
Temp Absent: I - Elenbaas
2. M N2023-034 Regular County Council for April 25, 2023
Byrd moved and Frazey seconded that the Minutes Consent be APPROVED
BY CONSENT. The motion carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 0
Temp Absent: 1 - Elenbaas
PUBLIC HEARINGS
1. AB2023-231 Ordinance authorizing a revised system of assessment for Drainage Improvement
District No. 7
Travis Bouma, Public Works Department, briefed the Councilmembers.
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Buchanan opened the Public Hearing and the following people spoke:
® Paulette Love
® Wanda Schleisner
® Rick Metzger
® Kevin Maddux
® Rod Stump
Bouma addressed comments about the assessment letter and stated the way
it is written is because of State law. People can reach out to him to get
clarity.
The following additional person spoke:
W Wendy Harris
Hearing no one else, Buchanan closed the Public Hearing.
Donovan moved to send this to an appropriate committee. He would like to
hear more about it.
Kershner stated it was discussed in the Public Works and Health
Committee.
Elenbaas spoke about his conversations with the representatives of District
7 when he got elected four years ago about trouble they were having with
the drainages caused by more development, roads, and other things, and the
inadequacy of their budget. He suggested they find a way to fund their
district better in order to serve their community so he applauds their
efforts.
Metzger answered what the district's budget is now and what it would go to
if this item passes.
Donovan withdrew his motion.
Kershner moved and Elenbaas seconded that the Ordinance Requiring a
Public Hearing be ADOPTED. She explained the Ordinance (from the
discussions in the Public Works and Health Committee) and stated she read
the letter and agrees it was very confusing.
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Donovan stated we have these inadequately funded districts with
infrastructure needs beyond what their capacity is so the discussion we
could have in Public Works could be to look at what models are working
better in other counties in order to scale this up so the districts here can do
the projects they need to do.
Elenbaas spoke about the issues faced by the districts because of their
budgets and stated he agrees with the district commissioners that this is a
more equitable way to fund the district.
Kershner's motion that the Ordinance Requiring a Public Hearing be
ADOPTED carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Enactment No: ORD 2023-027
2. A132023-246 Ordinance establishing a temporary speed limit for Hannegan Road
Jim Karcher, Public Works Department, stated this is a continuation of the
April 25, 2023 public hearing. He answered whether the project has already
started and stated it has not.
Buchanan opened the Public Hearing and the following people spoke:
• Christopher Diele
• Wendy Harris
Hearing no one else, Buchanan closed the Public Hearing.
Byrd moved and Kershner seconded that the Ordinance Requiring a Public
Hearing be ADOPTED.
Elenbaas stated his question is if we lower the speed limit, do we need to
close Kelly and Van Wyck Roads and if we close those roads, do we need to
lower the speed limit. He does not know if they need to do both.
Karcher spoke about this and the next agenda item and stated the speed limit
reduction and road closures are Public Works' professional opinion on
what safety measures are needed to accommodate a detour by Washington
State Department of Transportation for their fish passage project on
Squalicum Creek on the Mount Baker Highway. He answered how long the
measures would be in place and stated it would be about 100 days. He spoke
about the closures.
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Byrd's motion that the Ordinance Requiring a Public Hearing be ADOPTED
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Enactment No: ORD 2023-028
3. AB2023-248 Ordinance establishing a temporary closure of Kelly Road and Van Wyck Road
Buchanan opened the Public Hearing and, hearing no one, closed the Public
Hearing.
Byrd moved and Frazey seconded that the Ordinance Requiring a Public
Hearing be ADOPTED.
Elenbaas spoke about the motion and stated he thinks they should keep the
roads open.
Byrd's motion that the Ordinance Requiring a Public Hearing be ADOPTED
carried by the following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: I - Elenbaas
Enactment No: ORD 2023-029
The following people spoke:
•
Christopher Diele
•
Susan David
•
Alexander Harris
•
Aubrey Stargell
•
Gerry Millman
•
Ryan Lorimer
•
Laura Weiss
•
Judith Akins
•
Laura Sheehan
•
Elizabeth Kerwin
•
John Gold
•
Carly Lloyd
•
Bill Turner
•
Natalie Chavez
Whatcont County
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• Lyle Sorenson
• Misty Flowers
• Markis Dee Stidham
• David Janicki
• Daniel Harm
• Heath Heikkila
• Rob Lewis
• Bruce Parelskin
• Mark Ambler
• Doug Cooper
• Cliff Langley
• Brel Froebe
• Wendy Harris
• Lindy (last name not given)
• Hannah (last name not given)
• Christa Colouzis
Hearing no one else, Buchanan closed the Open Session.
CONSENT AGENDA
(From Council Finance and Administrative Services Committee)
Kershner reported for the Finance and Administrative Services Committee
and stated that Consent Agenda item number five (AB2023-295) is a
substitute.
Byrd requested that Consent Agenda item number two (AB2023-308) be
removed from the Consent Agenda for a separate vote (see that item after
the Consent Agenda).
Kershner moved to approve Consent Agenda items one and three through
ten. Councilmembers voted on those items (see votes on individual items
below).
1. AB2023-301, Request authorization for the County Executive to enter into a contract between
Whatcom County and Communities In Schools of Whatcom-Skagit to support a
range of student needs and increase access to critical school and community services,
in the amount of $136,000
Kershner reported for the Finance and Administrative Services Committee
and moved that the Contract be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
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Aye, 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
2. AB2023,-309 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Opportunity Council to provide housing case
management services in the amount of $474,072 for a total amended contract amount
of $1,079,307
This item was considered separately. See below.
3. h132023-320 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Road2Home to operate overnight severe weather
shelters in the amount of $16,000 for a total amended contract amount of $95,729
Kershner reported for the Finance and Administrative Services Committee
and moved that the Contract be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
4. Al 2023-3 7 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Lydia Place to provide funding for motel rooms for
families experiencing unsheltered homelessness in the amount of $108,650 for a total
amended contract amount of $681,779
Kershner reported for the Finance and Administrative Services Committee
and moved that the Contract be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
5. AB7023-295 Request authorization for the County Executive to enter into a Memorandum of
Understanding with Unity Care Northwest for the Way Station in the amount of
$2,000,000
Kershner reported for the Finance and Administrative Services Committee
and moved that the SUBSTITUTE Memorandum of Agreement be
AUTHORIZED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
6. A1320 -2-31, I, Request authorization for the County Executive to enter into an interlocal agreement
amendment between Whatcom County and United General District 304 to support
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youth cannabis and tobacco prevention strategies and activities in the amount of
$43,945 for a total amended contract amount of $125,595
Kershner reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
7. AB2023-3322_ Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the City of Bellingham/Bellingham Fire Department
for training and onboarding lateral hire paramedics in the amount of $66,916
Kershner reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
8. B2023-325 Request authorization for the County Executive to enter into an interlocal agreement
amendment between Whatcom County and the Washington State Department of
Health for the delivery and funding of various public health services in the amount of
$381,005, for a total amended agreement amount of $8,981,095
Kershner reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
9. AB2023-314 Resolution amending the 2022 Comprehensive Economic Development Strategic
(CEDS) project list to include a Drainage Improvement District 7 project known as
the Atwood Drainage Replacement Project
Kershner reported for the Finance and Administrative Services Committee
and moved that the Resolution be APPROVED. The motion carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Enactment No: RES 2023-011
10. AB2023-323. Resolution authorizing the County Executive to purchase Department of Commerce
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grant funded flood response equipment
Kershner reported for the Finance and Administrative Services Committee
and moved that the Resolution be APPROVED. The motion carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Enactment No: RES 2023-012
CONSENT AGENDA ITEMS CONSIDERED SEPARATELY
2. AB2023-308 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Opportunity Council to provide housing case
management services in the amount of $474,072 for a total amended contract amount
of $1,079,307
Kershner reported for the Finance and Administrative Services Committee
and moved that the Contract be AUTHORIZED. The motion carried by the
following vote:
Aye: 6 - Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: I - Byrd
(From Council Climate Action and Natural Resources Committee)
1. AB2023-273 Request approval to send a letter regarding the Brokedown Palace timber sale
Galloway reported for the Climate Action and Natural Resources
Committee and moved that the SUBSTITUTE Request for Motion (as
amended in Committee) be APPROVED.
Elenbaas shared a map showing designated commercial forest and
agricultural land but only representing part of Whatcom County. He then
showed a map of the entirety of Whatcom County to demonstrate that the
other map only represents about a third of the county and this map shows
the other two thirds which is already being protected. He would like people
to think about the whole map when they say the County or the Department
of Natural Resources (DNR) is not doing enough to protect these mature
forests. He is not going to support the letter.
Donovan stated he will support the letter but there is less money there than
we thought, there is a lot of doubt about whether this parcel is going to
qualify, and as long as it is held out, that is revenue that is not going to the
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beneficiary districts. He would like to do a policy statement instead of
doing another letter about another parcel.
Galloway stated she agrees with Donovan's sentiments but she still supports
sending letters because she thinks it is a demonstration of our eagerness to
co -manage with DNR and other State agencies.
Kershner moved to amend the substitute letter as follows in bold font:
The Washington State Legislature r . 'tea -at� just
allocated $70 million from Climate Commitment Act (CCA)
revenue to allow DNR to protect mature, structurally -complex
forests, which includes an estimated $20 million to protect up to
2,000 acres of forestland,- , i�ben-efi °
tamely-im ° Whatcom County Council understands pausing
harvest or selea:tin forests for inclusion in the CCA proviso, may
delay funding for our local beneficiaries fooE8ars or decades. We
are committed ys-to offsettin p any
potential negative impacts to our local beneficiaries, including the
Mount Baker School District.
The motion was seconded by Byrd.
Councilmembers discussed the motion.
The motion to amend carried by the following vote:
Aye: 7 - Galloway, Kershner, Buchanan, Byrd, Donovan, Elenbaas, and
Frazey
Nay: 0
Galloway stated she is looking to understand the impact to our local
beneficiaries a little bit more and would be interested in seeing what role
the County could play in providing some support to a local school district
so we can have both preserving critical lands and making sure our
beneficiaries are whole.
Galloway's motion that the SUBSTITUTE Request for Motion be
APPROVED AS AMENDED carried by the following vote:
Aye: 4 - Buchanan, Donovan, Frazey, and Galloway
Nay: 3 - Byrd, Elenbaas, and Kershner
(From Council Finance and Administrative Services Committee)
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2. AB2023-298 Ordinance amending the 2023 Whatcom County Budget, request no. 7, in the amount
----------- - ------
of 2,880,144
Kershner reported for the Finance and Administrative Services Committee
and moved that the Ordinance be ADOPTED. The motion carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
0MI
Enactment No: ORD 2023-030
3. AB2023-299 Ordinance amending the project budget for the Way Station Project Fund, request
no. 2
Kershner reported for the Finance and Administrative Services Committee
and moved that the Ordinance be ADOPTED. The motion carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Enactment No: ORD 2023-031
(From Council Public Works and Health Committee)
4. AB2023-228 Request approval to send a letter regarding proposed legislation to increase truck size
and weight
Kershner reported for the Public Works and Health Committee and moved
that the Request for Motion be APPROVED. The motion carried by the
following vote:
Aye: 4 - Buchanan, Donovan, Frazey, and Galloway
Nay: 3 - Byrd, Elenbaas, and Kershner
(From Council Planning and Development Committee)
5. AB2023-312 Resolution relating to a schedule for joint County and City review of Urban Growth
Areas
Elenbaas reported for the Planning and Development Committee and moved
that the Resolution be APPROVED. The motion carried by the following
vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
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Enactment No: RES 2023-013
(From Council Committee of the Whole)
6. A132023-3133, Discussion and motion to approve the Public Participation Plan for Whatcom County
Comprehensive Plan and Development Regulation Amendments
Buchanan reported for the Committee of the Whole and moved that the
Request for Motion be APPROVED. The motion carried by the following
vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
(No Committee Assignment)
7. AB2023- 3,18 County Executive requests approval of the Economic Development Investment (EDI)
Board's recommendation for funding to support the Atwood Road Culvert
Replacement project from Whatcom County Drainage Improvement District 7
Byrd moved and Elenbaas seconded that the Special Executive Only Item be
APPROVED.
Satpal Sidhu, County Executive, gave a history of this item. He stated this is
rare that we use Economic Development Investment (EDI) funds, but the
situation keeps getting worse and the EDI board took a hard look at it and
approved it unanimously.
Tyler Schroeder, Director of Administrative Services, answered whether
this is from the thirty percent that can be used for the County's general
government purposes and stated it is from the seventy percent of the EDI
fund that is out for grants and loans. He answered whether it is both a grant
and a loan and state it is.
Councilmembers and Sidhu discussed a concern of Frazey that this is not
what we use EDI funds for, and what scoring metric was used.
Councilmembers voted on the item (see vote and motion below) and then
continued to discuss the scoring mechanism and whether it should be
brought into a committee for more discussion.
Schroeder stated the EDI Board meeting notes are in the packet and they
talked about how the board does the budgeting process.
Sidhu stated last year they did not distribute money because of COVID-19
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so the fund balance was high, and several other things happened, but they
will work on the scoring mechanism. They are encouraging the cities to plan
ahead of time what they will need for the next two years and where they
would need EDI funding and that way the Council can weigh in on the
requests.
Byrd's motion that the Special Executive Only Item REQUEST be
APPROVED carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
1. AB-21023w-283 Appointment to a vacancy on the Sumas/Everson/Nooksack Flood Control Subzone
Advisory Committee, Applicant(s): Jerry Juergens (Council Acting as the Flood
Control Zone District Board of Supervisors)
Byrd moved and Kershner seconded that the Council Appointment Requiring
Introduction be APPOINTED. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
2. AI32023.-302 Appointment to a vacancy on the Business and Commerce Advisory Committee,
higher education representative, Applicant(s): Barry Robinson
Frazey moved and Byrd seconded that the Council Appointment Requiring
Introduction be APPOINTED. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
RM
COMMISSIONS, D COMMITTEES
1. AB2023-319 Request confirmation of the County Executive's appointments to the Public Defense
Advisory Committee
Kershner° read the names of the appointees and moved that the Executive
Appointment be CONFIRMED. The motion was seconded by Galloway.
Councilmembers discussed whether Elenbaas needs to recuse himself since
he is an appointee and concurred that he did not.
b the following vote:
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Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
ITEMS ADDED BY REVISION
1, AB2023-331,. Request authorization for the County Executive to award bid #23-35 and enter into a
contract between Whatcom County and Lynden Tribune & Print Co. for the design,
production, and distribution of primary and general election voters' pamphlets in the
amount of not to exceed $60,000
Byrd moved and Kershner seconded that the Contract be AUTHORIZED.
The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Elenbaas moved and Kershner seconded to introduce items one and two
and they voted on those (see motion and votes below).
1. AB2023324 Ordinance amending the Whatcom County Budget, request no. 8, in the amount of
$2,557,297
Elenbaas moved and Kershner seconded that the Ordinance be
INTRODUCED. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
2. AB2023--326 Ordinance authorizing an interfund loan for the purchase of floodplain land near
Acme, Wa
Elenbaas moved and Kershner seconded that the Ordinance be
INTRODUCED. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
3. AB2023 -309 Ordinance adopting amendments to Whatcom County Code Title 20, Zoning, to
regulate short-term vacation rentals
This item was considered separately. See below.
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3. AB2023 -.309 Ordinance adopting amendments to Whatcom County Code Title 20, Zoning, to
regulate short-term vacation rentals
Elenbaas moved to (withdraw this item from Introduction and) refer it back
to the Planning and Development Committee. The motion was seconded by
Byrd.
Elenbaas spoke about why he would not like to introduce this item yet and
Councilmembers discussed the motion.
Elenbaas' motion that the Ordinance Requiring a Public rearing be
WITHDRAWN and referred back to committee carried by the following vote:
Aye: 4 - Byrd, Elenbaas, Galloway, and Kershner
Nay: 3 - Buchanan, Donovan, and Frazey
Donovan read a motion from the Committee of the Whole Executive
Session and moved to authorize the Whatcom County Executive to execute
the proposed Agreed Order (No. DE 21650) between Whatcom County and
the State of Washington, Department of Ecology. The motion was seconded
by Galloway.
The motion carried by the following vote:
Aye: 6 - Elenbaas, Frazey, Galloway, Buchanan, Byrd, and Donovan
Nay: 0
Abstain: 1 - Kershner
Councilmembers gave Committee reports and other updates.
Tyler Schroeder, Director of Administrative Services, asked about the
meeting that Elenbaas attended in the Blaine School District about opioids
in school and whether Greg Thompson (the County's Co -Health Officer)
was there. He stated they were able to give that presentation to the County's
department heads and it was quite powerful. It may be something that, if the
whole Council has not seen it, they can work with Director Lautenbach to
get it scheduled in the Public Health Advisory Board (PHAB) or Public
Works and Health Committee.
Satpal Sidhu, County Executive, stated there were 89 fentanyl deaths last
year and the majority of those were people under 28 years of age. There are
33 deaths already in the first quarter of this year.
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Galloway asked if there is Council interest in requesting the PHAB to
consider an emergency declaration or public health crisis in order to
elevate the fentanyl issue.
Elenbaas asked if the Council can make an emergency declaration.
Councilmembers continued their updates.
Sidhu updated the Councilmembers on Jim Karcher's (Public Works
Department) retirement and stated they have appointed Doug Ranney as the
new County Engineer as of July1, 2023.
Dana Brown -Davis, Clerk of the Council, let the Councilmembers know that
she will be working to schedule a joint Health Board and PHAB meeting for
June 13, 2023 at 1 p.m. to discuss standing up the multi jurisdictional group
regarding the opioid epidemic.
ACTION SUMMARY: Motion approved 6-0-1 with Kershner abstaining to authorize the Whatcom County
Executive to execute the proposed Agreed Order (No. DE 21650) between Whatcom County and the State of
Washington, Department of Ecology.
1' 211210
The meeting adjourned at 9:34 p.m.
The County Council approved these minutes on June 6, 2023.
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Kristi Felbinger, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WA
Bar y uchanan, Council Chair
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