HomeMy WebLinkAboutCouncil Oct 10 2023Whatcom County
Council
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360)778-5010
Minutes - Final
Tuesday, October 10, 2023
6PM
Hybrid Meeting
HYBRID MEETING (PARTICIPATE IN -PERSON, SEE REMOTE JOIN
INSTRUCTIONS AT www.whatcomcounty.us/joinvirtualcouncil, OR CALL
360.778.5010), AGENDA REVISED 10.9.2023
COUNCILMEMBERS
Barry Buchanan
Tyler Byrd
Todd Donovan
Ben Elenbaas
Carol Frazey
Kaylee Galloway
Kathy Kershner
CLERK OF THE COUNCIL
Dana Brown -Davis, C.M.C.
Council Minutes - Final October 10, 2023
COUNTY COUNCIL
CALL TO ORDER
Council Chair Barry Buchanan called the meeting to order at 6:01 p.m. in a
hybrid meeting.
ROLL CALL
Present: 7 - Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Carol Frazey,
Kaylee Galloway, and Kathy Kershner
FLAG SALUTE
ANNOUNCEMENTS
COUNTY EXECUTIVE'S REPORT
There was no report.
MINUTES CONSENT
Byrd moved to accept the minutes consent items. The motion was seconded
by Kershner (see votes on individual items below).
1. MIN2023-065_ Committee of the Whole for September 26, 2023
Byrd moved and Kershner seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
2. MIN2023v066 Regular County Council for September 26, 2023
Byrd moved and Kershner seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
PUBLIC HEARINGS
1. AB2023-566 Resolution to sell county tax title property by negotiation
Buchanan opened the Public Hearing and the following people spoke:
• Markis Dee
Hearing no one else, Buchanan closed the Public Hearing.
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Frazey moved and Donovan seconded that the Resolution Requiring a Public
Hearing be APPROVED. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Enactment No: RES 2023-026
2. AB2023-5575 Resolution to sell county tax title property by negotiation
Councilmembers discussed the difference between this and the previous
item since they have the same title.
Buchanan opened the Public Hearing and hearing no one, closed the Public
Hearing.
Tyler Schroeder, Director of Administrative Services, answered why two of
the sales are by negotiation and two are by public auction.
Byrd moved and Kershner seconded that the Resolution Requiring a Public
Hearing be APPROVED. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Enactment No: RES 2023-027
3. AB2023-588 Resolution to sell tax title property by public auction
Buchanan opened the Public Hearing and hearing no one, closed the Public
Hearing.
Frazey moved and Byrd seconded that the Resolution Requiring a Public
Hearing be APPROVED. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Enactment No: RES 2023-028
4. AB2023-589 Resolution to sell tax title property by public auction
Buchanan opened the Public Hearing and hearing no one, closed the Public
Hearing.
Kershner moved and Byrd seconded that the Resolution Requiring a Public
Hearing be APPROVED. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
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Enactment No: RES 2023-029
5. A132023-605 Resolution adopting the 2024-2029 Six -Year Water Resources Improvement
Program (WRIP) by the Whatcom County Council (Council acting as the Whatcom
County Flood Control Zone District Board of Supervisors)
Buchanan opened the Public Hearing and hearing no one, closed the Public
Hearing.
Donovan moved and Kershner seconded that the Resolution (FCZDBS)
Requiring a Public Hearing be APPROVED.
The following people answered questions:
• Gary Stoyka, Public Works Department
• Kraig Olason, Public Works Department
• Paula Harris, Public Works Department
They answered whether funding some of the projects with the stormwater
utility has been buying us increased capacity, how that is measured, how the
revenue is being spent, whether we can show we are doing more than we
would have been doing without the utility, and what the "BES" score means
on the Six -Year Water Resources Improvement Program (WRIP)
spreadsheet.
Donovan's motion that the Resolution (FCZDBS) Requiring a Public Hearing
be APPROVED carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
OPEN SESSION
Enactment No: RES 2023-030
The following people spoke:
• John Ferdon
• Sheerie Keller
• Barry Wenger
• Ginny Pieters
• Doug Kariberg
• Donald Case
• Sheryl Peterson
• Sally Thomas
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• Erin Sofinowski and Tyler
• Troy Abel
• Tsena Paulson
• Dan Tucker
• Luke Van't Hoog
• Sarah Gardner
• Susan Kane-Ronning
• Judith Akins
• Kim Walbeck
• Tyson King
• Scott Jones
• Amy Towner
• Vicky Moyle
• Claire Walton
• John Goetz
• Don Chapman
• Bob Anderson
• Kristine Heintz
• Joy Patterson
• Nathan Lowe
• Karl de Jong
• MaryLou Whiteford
• Robert Kody
• Elizabeth Kerwin
• John Wiseman
• Richard Goetz
• Lyle Sorenson
• Louise (last name not audible)
• Eric Scott
• Kai (last name not stated)
• Natalie Chavez
• Nancy Button
• Name not stated
• Dan Malkovich
• Jamie Pearson
Clerk's note: Councilmembers to a short break.
Open Session continued and the following people spoke:
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• Alexander Harris
• Brel Froebe
• Maureen Traxler
• Markis Dee
• Jillian Froebe
• Misty Flowers
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 moved to approve Consent Agenda items one through seven, with item
eight (AB2023-662) to be voted on separately.
Elenbaas stated he would also like to consider item four (AB2023-638)
separately.
Councilmembers voted on Consent Agenda item numbers 1-3 and 5-7 (see
votes on individual items below).
1. AB2023-621I Request authorization for County Executive to enter into an Interlocal Agreement
between Whatcom County and Public Utility District No. 1 of Whatcom County in
support of the Broadband infrastructure and implementation project located in Point
Roberts in the amount of $350,000
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
2. AB2023-628 Request authorization for the County Executive to enter into a contract between
Whatcom County and US Imaging, Inc. to create digital images to be imported into
the Historic Film Viewer from direct and indirect grantor grantee volumes, in the
amount of $85,000.00
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
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3. AB2023-630 Request authorization for the County Executive to enter into a contract amendment
between Code Publishing, LLC and Whatcom County for legal code publishing
services, in the amount of $15,000
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:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
4. 3132023-638 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Ferndale School District to provide funding for
behavioral health services, in the amount not to exceed $498,000
This item was considered separately. See below.
5. AB2023-633 Request authorization for the County Executive to enter into a contract between
Whatcom County and the State of Washington Department of Ecology to fund
administrative support and action projects for the Whatcom County Marine
Resources Committee, in the amount of $249,000 (Council acting as the Whatcom
County Flood Control Zone District Board of Supervisors)
Kershner reported for the Finance and Administrative Services Committee
and moved that the Contract (FCZDBS) be AUTHORIZED BY CONSENT.
The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
6. AB2023--647 Resolution to authorize procurement from or through the US General Services
Administration (GSA) cooperative schedules
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 2023-031
7. AB2023T353 Request authorization for the County Executive to enter into an agreement between
Whatcom County and United States Geological Survey (USGS) to fund the ongoing
operation and maintenance of the County's 11 stream gages within the Nooksack
River early flood warning system, Jones Creek, and the Sumas River, in the amount of
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$169,470 (Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors)
Kershner reported for the Finance and Administrative Services Committee
and moved that the Contract (FCZDBS) be AUTHORIZED BY CONSENT.
The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
8. AB2023-662 Request authorization for the County Executive to enter into a contract between
Whatcom County and Whatcom Law Group / Rajeev Majumdar for hearing
examiner services through the end of 2023
This item was considered separately. See below.
CONSENT AGENDA ITEMS CONSIDERED SEPARATELY
4. AB2023-638 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Ferndale School District to provide funding for
behavioral health services, in the amount not to exceed $498,000
Kershner reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED.
Tyler Schroeder, Director of Administrative Services, answered whether the
mental health professional and associate mental health professional can
prescribe drugs, and stated nowhere in the contract terms for those
positions is the ability to prescribe drugs. He and Satpal Sidhu, County
Executive, answered whether these are new positions, whether the funding
for them is compliant with requirements in Revised Code of Washington
(RCW) 82.14.460 Section 3, and whether they need to find a different fund
to fund the contract.
Councilmembers discussed the concern about whether the districts will be
able to continue the services if the County funds it for three years (because
of a bump in sales tax reserves), whether it is the County's job to fund these
positions in schools when schools have their own revenue base, whether the
County deciding which districts get this money raises equity issues, and
whether there should be language in the contract that addresses parental
consent.
Kershner moved to amend Section A of the statement of work to add a
subsection 5 that reads:
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5. All services to students under 18 yeafs of a >e wrll be provided
with parental consent.
The motion was seconded by Elenbaas.
Councilmembers discussed the motion and whether it is inconsistent with
the State law regarding the age of consent.
Kershner amended her motion to amend Section A of the statement of
work to add a subsection 5 that reads:
5. All services tostudents will be provided with arental consent as
defined by_thg_ laws of asl xn�ton state.
Karen Frakes, Prosecuting Attorney's Office, gave her input on the motion
and stated it is pretty innocuous and she spoke about her understanding of
the State law.
Councilmembers discussed what State law says and whether the contract
would have to come back to the Council if it is re -written.
Schroeder pointed out Section 14 of the contract which says, "14.OTHER
PROVISIONS: The District and the County will comply with all applicable
Federal and State requirements that govern this agreement."
Kershner withdrew her motion.
Frakes answered and Councilmembers discussed whether the $10,000 a
year in funding for the Ferndale Youth Coalition is in line with the RCW
that authorizes the tax, the distribution of the tax, and what it is for since
they are not providing mental health treatment services.
Kershner's motion that the Interlocal be AUTHORIZED carried by the
following vote:
Aye: 5 - Buchanan, Donovan, Frazey, Galloway, and Kershner
Nay: 2 - Byrd, and Elenbaas
8. AB2023-662 Request authorization for the County Executive to enter into a contract between
Whatcom County and Whatcom Law Group / Rajeev Majumdar for hearing
examiner services through the end of 2023
Kershner reported for the Finance and Administrative Services Committee
and moved that the Contract be AUTHORIZED.
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Byrd answered why he wanted to discuss this separately in committee.
Frazey expressed sympathy for the family of late Hearing Examiner,
Michael Bobbink and stated this contract will only go until the end of
December.
Rajeev Majumdar, Hearing Examiner Pro Tempore, answered whether he
assumed all of the contracts that the late Hearing Examiner had, and how
familiar he is with the Growth Management Act, the County's
Comprehensive Plan, our land -use policy, and the mitigation measures that
we typically use.
He and Karen Frakes, Prosecuting Attorney's Office, answered why Council
was not able, in the past, to hear comments about certain pending land
issues when the Council was acting as a quasi-judicial body, yet Majumdar
sat in on the comments tonight of an issue that could potentially go before
the Hearing Examiner.
Kershner's motion that the Contract be AUTHORIZED carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
OTHER ITEMS
(From Council Finance and Administrative Services Committee)
1. AB2023-655 Request authorization for the County Executive to enter into a contract between
Whatcom County and Whatcom Family YMCA to preserve childcare slots in
Whatcom County, in the amount of $1,500,000
Kershner reported for the Finance and Administrative Services Committee
and moved that the Contract be AUTHORIZED. The motion carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
2. AB2023-656 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the City of Bellingham to consolidate previous
amendments and extend the term date for the WHAT-COMM Communications
Center
Kershner reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED AS AMENDED in
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committee. The motion carried by the following vote:
Aye: 6 - Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 1 - Byrd
3. AB2023-666 Request approval for the County Executive to enter in to a beneficiary agreement
between Whatcom County and the Boys and Girls Clubs of Whatcom County to
mitigate COVID-19 pandemic impacts and stabilize childcare services
Kershner reported for the Finance and Administrative Services Committee
and moved that the Contract be AUTHORIZED.
Kayla Schott-Bresler, Strategic Initiatives Special Programs Manager,
answered whether the County already gave the Boys and Girls Clubs money
to stabilize them, and stated the County gave them $100,000 in May of
2020. She answered how much this agreement is, whether it is American
Rescue Plan Act (ARPA) money, and whether it is the assumption that they
will continue to ask for this every year with Proposition Five money. She
stated she thinks there is a policy conversation that is going to be had at a
later date about the sustainability of the childcare business model in
Whatcom County, but she does not think that is going to take the form of
specific providers coming in with this type of request. She answered more
questions including whether the Boys and Girls Clubs have grown in their
ability to serve kids and whether this will keep them from losing childcare
slots.
Kershner's motion that the Contract be AUTHORIZED carried by the
following vote:
Aye: 6 - Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 1 - Byrd
(From Council Public Works and Health Committee)
4. AB2023-592 Resolution approving the Samish Water District Comprehensive Sewer Plan
Kershner reported for the Public Works and Health Committee and moved
that the Resolution be APPROVED AS AMENDED in committee. The
motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Enactment No: RES 2023-032
(From Council Planning and Development Committee)
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5. AB2023-668 Resolution amending Resolution 2023-005 to docket an additional Comprehensive
Plan/zoning amendment related to allowing propane reload, storage, and distribution
facilities as a conditional use under certain conditions in the Agriculture District
Galloway reported for the Planning and Development Committee and
moved that the Resolution be APPROVED.
Elenbaas confirmed that this resolution would be approving to docket the
item.
Galloway's motion that the Resolution be APPROVED carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Enactment No: RES 2023-033
(From Council Committee of the Whole)
6. AB2023-548 Ordinance amending WCC 2.145, Lummi Island Ferry Advisory Committee
Buchanan reported for the Committee of the Whole and moved that the
Ordinance be ADOPTED.
Donovan asked whether they would now be able to start looking at
applications for the Ferry Advisory Committee and whether applicants
already in the hopper would need to reapply.
Dana Brown -Davis, Clerk of the Council, stated she did not see why they
would need to re -apply.
Buchanan's motion that the Ordinance be ADOPTED carried by the following
vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Enactment No: ORD 2023-057
(No Committee Assignment)
7. AB2023-639 Resolution establishing regular Council meeting dates for 2024
Dana Brown -Davis, Clerk of the Council, stated it is the same schedule they
have followed the last couple years.
Kershner moved and Buchanan seconded that the Resolution be
APPROVED. The motion carried by the following vote:
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Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, and Kershner
Nay: 0
Abstain: 1 - Frazey
Enactment No: RES 2023-034
CONFIRMATION OF EXECUTIVE APPOINTMENTS TO BOARDS,
COMMISSIONS, AND COMMITTEES
1. AB2023-642 Request confirmation of the County Executive's appointment of Elli Harron to the
Agricultural Advisory Committee
Byrd moved and Frazey seconded that the Executive Appointment be
CONFIRMED.
Tyler Schroeder, Director of Administrative Services, answered whether
this is a re -appointment.
Byrd's motion that the Executive Appointment be CONFIRMED carried by
the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
2. AB2023-658 Request confirmation of the County Executive's appointment of Tamara
Cooper-Woodrich to the Bellingham/Whatcom County Commission on Sexual and
Domestic Violence
Kershner moved and Frazey seconded that the Executive Appointment be
CONFIRMED. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
ITEMS ADDED BY REVISION
1. AB2023-64.0 Ordinance establishing a task force to develop a Whatcom County Forest Resilience
Plan
Galloway reported for the Climate Action and Natural Resources
Committee and moved that the REVISED SUBSTITUTE Ordinance (as
amended in committee) be ADOPTED.
The motion was seconded by Donovan.
Galloway moved to amend Section 2.170.040 of Exhibit A of the revised
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substitute ordinance (Permanent Members) so that it reads 11 members
(instead of 14).
The motion was seconded by Donovan.
The motion to amend carried by the following vote:
Aye: 7- Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and
Donovan
Nay: 0
Councilmembers discussed the motion to adopt.
Galloway's motion that the REVISED SUBSTITUTE Ordinance be
ADOPTED AS AMENDED carried by the following vote:
Aye: 4 - Buchanan, Donovan, Frazey, and Galloway
Nay: 3 - Byrd, Elenbaas, and Kershner
Enactment No: ORD 2023-058
INTRODUCTION ITEMS
Donovan moved to introduce items one through seven. The motion was
seconded by Kershner (see votes on individual items below).
1. AB2023-637 Ordinance Establishing a New Whatcom County Healthy Children's Fund
Donovan moved and Kershner seconded that the Ordinance be
INTRODUCED and sent to Council Finance and Administrative Services
Committee. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
2. AB2023-657 Ordinance amending the 2023 Whatcom County Budget, request no. 14, in the
amount of $13,162,440
Donovan moved and Kershner seconded that the Ordinance be
INTRODUCED and sent to Council Finance and Administrative Services
Committee. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
3. AB2023-659 Ordinance Establishing a Community Priorities Fund and Establishing an Initial Budget
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for the Community Priorities Fund
Donovan 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
4. AB2023-651 Ordinance amending the project budget for the E. Smith/Hannegan Road Intersection
Improvements Fund, Request No. 3
Donovan moved and Kershner seconded that the Ordinance he
INTRODUCED. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
5. AB2023-652 Ordinance amending the project based budget for the North Lake Samish Road
Bridge No. 7 Replacement Fund, request No. 3
Donovan 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
6. AB2023-648 Resolution approving the Whatcom County 2024 Annual Construction Program
Donovan moved and Kershner seconded that the Resolution Requiring a
Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
7. AB2023-654 Resolution authorizing the sale of personal property, pursuant to Whatcom County
Code (WCC) 1.10
Donovan moved and Kershner seconded that the Resolution Requiring a
Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion
carried by the following vote:
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Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Councilmembers gave Committee reports and other updates.
The meeting adjourned at 10:48 p.m.
The County Council approved these minutes on October 24, 2023.
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Dana, rowri-Davis, Council Clerk Barr Bu, anan, Council Chair
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Kristi Felbinger, Minutes Transcription
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