The Lynnwood City Council Monday night approved an emergency interim ordinance placing a six-month moratorium on processing applications for new substance abuse treatment centers in the city. 

The council approved the emergency measure during a special business meeting after learning that a for-profit outpatient treatment center submitted an application to operate at 6101 200th St. S.W. 

The council action comes after the controversial Acadia methadone clinic opened in late January near Lynnwood’s Alderwood Boys and Girls Club. As a followup to the council’s discussion about the Acadia facility, councilmembers asked Lynnwood Department of Development and Business Services to evaluate local ordinances on permitting substance abuse facilities. They also requested to be informed of any similar clinics planning to open in the city.

The news of the second clinic application and the proposed interim ordinance came from Development and Business Services Director David Kleitsch. He explained Monday night that since the conversation about the management and placement of substance abuse facilities was already occurring, staff decided to bring the matter to the council along with the emergency moratorium. The ordinance was approved by a 5-1 vote, with councilmember Shirley Sutton as the sole dissenter. Councilmember Josh Binda was absent and did not vote.

Sutton did not say why she voted against the ordinance. Public commenters expressed concerns about the proposal, noting the city should be working in favor of treatment rather than opposing it. Councilmember George Hurst asked the council to consider changing the length of the moratorium from six months to three months, as that would give staff enough time to refine its zoning laws. 

“In Snohomish County, in 2021, we had 197 overdose deaths. In 2022, we had 216. In 2023 so far, we’ve had 58 which, if you analyze [the rate of deaths], that’s 232. So the rate is increasing,” Hurst continued. “I’m just not sure if I agree with a six-month moratorium or if a six-month moratorium will hold.” Hurst asked City Attorney Lisa Marshall if the moratorium would be invalidated by pending state legislation that would classify outpatient treatment programs (OTPs) as essential public facilities, meaning the city would not be able to prevent or manage their implementation or location. 

Marshall assured the council that this type of moratorium was created for this situation, but added that Lynnwood was welcome to lift the moratorium prior to its expiration date. 

In the end, no one made a motion to reduce the moratorium length to three months.

Public commenter Robert Leutwyler said the city needed to carefully handle the situation given a large amount of misinformation was circulated during the protests against the Acadia facility in January. 

“As the city council looks at what criteria we want to set up, I think now is the time to show if we are genuine that we want to be part of the solution,” Leutwyler said. While previous concerns regarding the location of a facility near the Alderwood Boys and Girls Club were valid, Lynnwood now had an opportunity to show sincerity about providing treatment, he said.

Council President Shannon Sessions spoke in support of the ordinance.

“I think that it’s important that we do this because it gives us time, because we were already working on the details… Not necessarily to keep them [OTPs] out of Lynnwood but to be able to have more control over where they’re located, in safer areas,” Sessions continued. “With our experience the first time [with the Acadia facility] with the lack of communication between the facility and us, that was very concerning so hopefully this will also give this company a chance to communicate properly with us.”

The emergency ordinance, effective immediately, is required to have a public hearing within 60 days, though no hearing date has been set. 

With the special business meeting concluded, the council moved on to its regularly scheduled work session, where it discussed a proposal to fine drivers for blocking mailboxes with vehicles and also a request by Councilmember Binda to be reimbursed for a trip to Washington, D.C. The council also interviewed the remaining four candidates for a spot on the Lynnwood Public Facilities District Board. 

Public Works Engineer David Mach spoke to the request that parking in front of mailboxes be made illegal. The local USPS postmaster has authorized personnel to defer mail delivery if parked vehicles block access to a mailbox. As a result, multiple residents have complained to the city about their mail being delayed when a mailbox has been obstructed. Mach added that this code would also increase the safety of mail carriers as they worked. 

Many councilmembers expressed surprise that this was not already a violation. Mach speculated that different communities around Washington had different mail dispersal methods, so the state left the option open so that regulations could be addressed by local governments. 

After discussion, Mach and councilmembers decided the wording of the ordinance should be modified prior to an official vote at next week’s business meeting. It was suggested that a warning be given prior to the issuance of a $30 fine. 

The council also considered Binda’s request that he be reimbursed for attending a National League of Cities (NLC) conference in Washington D.C. Binda was absent from the Monday meeting, so the only case presented was by Sessions, who argued against reimbursement. In her statement, Sessions listed points that she’d reviewed with City Attorney Marshall, who concluded that the city was not obliged to pay for Binda’s trip given the circumstances of his trip. She stated the following:

• Binda was told by Sessions that he could not attend. While this could have been overridden with council consent, Binda did not communicate with any of the other councilmembers about doing so. 
• Binda stated that he attended on his own merit as he would not have time within the week to contact Marshall about the legality of doing so. He never contacted her. 
• Binda did not inform councilmembers during the trip itself and they learned that he was there as a result of his social media posts. 
• Binda did not attend any of the programming or meetings intended for the Lynnwood city representative.
• Binda never attended the city training for public event attendance. 
• After contacting the NLC, the city confirmed that Binda was not a “keynote speaker” as he stated and instead spoke briefly on a panel for young delegates. 
• The NLC also revealed that Binda owed $225 for his ticket to a Black caucus event. 
• Binda did not present his findings as the official representative. Council Vice President Julieta Altamirano-Crosby, who was chosen to represent the city, did in a presentation at the previous business session. 

Sutton asked how this situation impacted the Lynnwood Board of Ethics’ ongoing investigation of other complaints regarding Binda. Sessions stated that Binda was free to do what he wished with his own money and attending the event was not unethical, so the matter was irrelevant. Councilmember Patrick Decker, who submitted the complaint about Binda to the Board of Ethics on behalf of the council in January, updated the council about the case. A board member is reviewing documentation provided by the city and requested a meeting with Decker and Binda, which Decker expects will take place some time this week pending availability. 

Before the council’s vote next week on whether to reimburse Binda, he will be given time to make a statement. 

Finally, the council interviewed its top four picks for the Lynnwood Public Facilities District Board. Candidates Annie Armstrong, Vivian Dong, Nick Coelho and Teresa Bitner were given identical questions ahead of time but were interviewed separately to ensure fairness. Councilmembers were instructed by Sessions to pick a top choice. The council will be chose from two finalists during a vote at the next business meeting.

— By Jasmine Contreras-Lewis