COUNTY COUNCIL

CALL TO ORDER

Council Chair Kaylee Galloway called the meeting to order at 6:03 p.m. in a

hybrid meeting.

ROLL CALL

7 -

Present:

Elizabeth Boyle, Barry Buchanan, Ben Elenbaas, Kaylee Galloway, Jessica

Rienstra, Jon Scanlon, and Mark Stremler

FLAG SALUTE

ANNOUNCEMENTS

COUNTY EXECUTIVE'S REPORT

There was no report.

MINUTES CONSENT

Buchanan moved to accept the minutes consent items. The motion was

seconded by Scanlon (see votes on individual items below).

MIN2026-039 Special Committee of the Whole for April 7, 2026

Buchanan moved and Scanlon seconded that the Minutes Consent be

APPROVED BY CONSENT. The motion carried by the following vote:

7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler

Aye:

Nay:

MIN2026-040 Committee of the Whole Executive Session for April 28, 2026

Buchanan moved and Scanlon seconded that the Minutes Consent be

APPROVED BY CONSENT. The motion carried by the following vote:

7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler

Aye:

Nay:

MIN2026-041 Committee of the Whole for April 28, 2026

Buchanan moved and Scanlon seconded that the Minutes Consent be

APPROVED BY CONSENT. The motion carried by the following vote:

7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler

Aye:

Nay:

MIN2026-042 Regular County Council for April 28, 2026

Buchanan moved and Scanlon seconded that the Minutes Consent be

APPROVED BY CONSENT. The motion carried by the following vote:

7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler

Aye:

Nay:

PUBLIC HEARINGS

AB2026-282

Resolution declaring Whatcom County Flood Control Zone District personal

property, a single-family house, as surplus and approve sale (Council acting as the

Flood Control Zone District Board of Supervisors)

Andrew Hester, Public Works Department, briefed the councilmembers and

stated the briefing will also cover the next two agenda items. These involve

properties that were flood buyouts, and they have been looking into the

concept of trying to sell the actual house off the property and have it

relocated into an area that is not flood prone. This would be authorizing that

sale subject to having the house relocated, and they would go through a bid

process with Finance. He answered where the homes (for this item and the

next two) are, and he spoke about how they notify people. He answered if

the County has to pay to demolish the houses if no one buys them, and

stated that is true.

Galloway opened the Public Hearing and hearing no one, closed the Public

Hearing.

Scanlon moved and Rienstra seconded that the Resolution (FCZDBS)

Requiring a Public Hearing be APPROVED. The motion carried by the

following vote:

7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler

Aye:

Nay:

Enactment No: RES 2026-015

AB2026-284

Resolution declaring Whatcom County Flood Control Zone District personal property

as surplus and approve sale (Council acting as Flood Control Zone District Board of

Supervisors)

Galloway opened the Public Hearing and hearing no one, closed the Public

Hearing.

Scanlon moved and Boyle seconded that the Resolution (FCZDBS) Requiring

a Public Hearing be APPROVED. The motion carried by the following vote:

7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler

Aye:

Nay:

Enactment No: RES 2026-016

AB2026-286

Resolution declaring Whatcom County Flood Control Zone District personal property

as surplus and to approve sale (Council acting as the Flood Control Zone District

Board of Supervisors)

Galloway opened the Public Hearing and hearing no one, closed the Public

Hearing.

Scanlon moved and Rienstra seconded that the Resolution (FCZDBS)

Requiring a Public Hearing be APPROVED. The motion carried by the

following vote:

7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler

Aye:

Nay:

Enactment No: RES 2026-017

AB2026-339

Ordinance establishing a Ferry District to fund and manage the Lummi Island ferry

system

Galloway opened the Public Hearing and the following people spoke:

John Kottcamp

Erin Deinzer

David Shulman

Judy Bush

Pam Gould

Stephan Schneider

Michael Byers

Susan Hutton

Ben Ihrig

Robin Richardson

Lindy Early

Stuart Rich

Lisa Wochos

Barbara Kin

Terry Diffley

David Kershner

Tom Philpot

Doug Lilyrot

Richard McClenahan

Markis Dee

Naomi Stimpson

Mary Ross

Brian Gass

Joy Gilfilen

Cynthia Sue Ripke-Kutsagoitz

Ryan Bowman

Danielle Gaughen

Erin Suda

Hearing no one else, Galloway closed the Public Hearing.

Buchanan moved and Scanlon seconded that the Ordinance Requiring a

Public Hearing be ADOPTED.

Councilmembers discussed the motion, that forming a ferry district would

potentially keep about $3 million in the Road Fund, that the vote tonight

would create the district and then they would spend time doing a deep dive

into finances for the Ferry (both for ongoing operations and for the new

boat) to set the tax rate, a fundamental belief that it is the voters who should

decide on forming the district, if a ferry taxing district should only include

the cities and not the unincorporated county, and that this could

disproportionately tax unincorporated residents.

The following people answered questions:

Jed Holmes, Executive's Office

Elizabeth Kosa, Public Works Department Director

Satpal Sidhu, County Executive

They discussed with councilmembers how the governing body will set a levy

amount (at a later date) that is sufficient for the provision of ferry services

as shown to be required by the budget, that they will have work sessions to

determine what the sufficient budget will be, that by forming the district,

they are not locked into a number, the difference between the 3rd and 4th

BE IT FURTHER ORDAINED statements, that the first statement is about

the councilmanic option for the rate and the second is about when it would

need to go to voters, that it goes to the ballot if the rate is set over $.10, that

the only step Council is taking tonight is setting a ferry district, and that the

Whatcom County Ferry Advisory Committee has off-island positions that

are vacant.

Councilmembers voted on the ordinance (see the vote below) and after the

vote, they took a short break.

Buchanan's motion that the Ordinance Requiring a Public Hearing be

ADOPTED carried by the following vote:

5 - Boyle, Buchanan, Galloway, Rienstra, and Scanlon

2 - Elenbaas, and Stremler

Aye:

Nay:

Enactment No: ORD 2026-024

OPEN SESSION

The following people spoke:

Derek Gremban

Karen Miller

Tamara Lienhart

Rob Hutchison

John Lee

Michael Lynch

Leah Clark

Michele Cameron

LeeAnn Lehni

Kent Murray

Allison Zellner

Cesar Luna

Booker Laughlin

John Westerfield

Jeff Hindman

Rod Stump

Marlene Dawson

Ryan Likkel

Aaron Sturgeon

Josh Gardner

Melina Ivie

Joe Lynch

Brian Gass

Will Holdhusen

Kit Burton

Megan Perrin

Ryan Bowman

Jim Verberg

Marinn Young

Sean Kaylor

Cynthia Sue Ripke-Kutsagoitz

Stan Parker

Kathleen Kloëp

Caitlin Lara

Michael Jeppesen

Livia Klaus

KL Bentrup

Julie Jansen

Edith Field

Abdullah Nusayr

Bart Hunter

Richard Kirkham

Vadik Vironow

Luke Van Mullen

Will Allen

Delbert Field

Jackson Pennell

Tawsha Dykstra Thompson

Jordan Andersen

Benny Spencer

Councilmembers took a short break.

Lance Calloway

Brian Estes

Barbara Chase

John Lesow

Marvin Mickley

Jeff Ten Pas

Chao-ying Wu

Markis Dee

Austin Papritz

Anthony Wells

Dwayne Engelsman

Adam Bellingar

Natalie Chavez

Barbara Powers

Lyle Sorenson

Daniel Rep

Hannah Ordos

Miriam Karamoko

Hearing no one else, Galloway closed the Open Session.

CONSENT AGENDA

(From Council Finance and Administrative Services Committee)

Scanlon reported for the Finance and Administrative Services Committee

and moved to approve Consent Agenda items one through three.

Councilmembers voted on those items (see votes on individual items

below).

AB2026-347

Request authorization for the County Executive to enter into a contract amendment

between Whatcom County and Cascadia Law Group PLLC to increase the maximum

consideration in the amount of $50,000, for a total amended contract amount of

$200,000

Scanlon reported for the Finance and Administrative Services Committee and

moved that the Contract be AUTHORIZED BY CONSENT. The motion

carried by the following vote:

7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler

Aye:

Nay:

AB2026-348

Request authorization for the County Executive to enter into a contract between

Whatcom County and Ceterra Northwest, LLC to provide on-call construction

materials testing and materials inspection for Whatcom County Public Works projects

in the amount not to exceed $200,000

Scanlon reported for the Finance and Administrative Services Committee and

moved that the Contract be AUTHORIZED BY CONSENT. The motion

carried by the following vote:

7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler

Aye:

Nay:

AB2026-349

Request authorization for the County Executive to enter into a contract between

Whatcom County and Sustainable Connections to conduct an innovative waste

reduction program for large scale events, in the amount of $83,588

Scanlon reported for the Finance and Administrative Services Committee and

moved that the Contract be AUTHORIZED BY CONSENT. The motion

carried by the following vote:

7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler

Aye:

Nay:

OTHER ITEMS

(From Council Criminal Justice and Public Safety Committee)

AB2026-340

Resolution establishing a preliminary planning budget cap, affirming governing

commitments, and providing recommendations to the administration from the

Whatcom County Council on the capital construction of the Whatcom County Jail and

Behavioral Care Center

Buchanan reported for the Criminal Justice and Public Safety Committee

and moved that the Revised Substitute Resolution for 5.12.26 be

APPROVED.

Elenbaas moved to amend the resolution to add three whereas statements

after the fourth to last whereas statement that read:

WHEREAS, modern correctional facility design recognizes that the

physical environment itself materially affects behavioral health

outcomes, staff safety, institutional stability, trauma response,

recidivism, and the ability to provide effective treatment and

programming, and that investments in therapeutic housing

environments, behavioral health treatment space, visitation,

educational and vocational programming, and trauma-informed

architectural design within the jail facility are integral to the Justice

Project’s goals of improved behavioral health outcomes, reduced

recidivism, and successful reentry; and

WHEREAS, the purpose of the replacement jail is not merely to

expand incarceration capacity, but to replace an outdated and

inadequate facility with one capable of safely and humanely

delivering behavioral health treatment, medical care, stabilization

services, reentry support, and programming that are not feasible

within the constraints of the current facility; and

WHEREAS, the existing Whatcom County Jail was not designed to

meet modern standards for behavioral health treatment, medical

care, trauma-informed housing, classification, programming, or staff

wellness, and the replacement of that facility with one designed to

incorporate dedicated behavioral health treatment space,

detoxification and medication-assisted treatment capacity,

therapeutic and trauma-informed housing environments, visitation

and reentry services, educational and vocational programming, and

humane working and living conditions will itself function as a

substantial investment in behavioral health benefiting incarcerated

individuals, employees, contractors, and the broader community; and

The motion was seconded by Stremler.

Elenbaas stated they sometimes lose the point that they are not just

increasing capacity, but are trying to make the capacity that they do have

more functional for behavioral aspects, and that is the purpose of these

three statements.

Boyle stated the last part of the last proposed whereas statement “…will

itself function as a substantial investment in behavioral health…” might

suggest that it is the investment, but she wants to be clear that they are still

very committed to the services outside the jail.

Boyle moved to amend Elenbaas' final proposed whereas clause to strike

"substantial investment in behavioral health benefiting incarcerated

individuals, employees, contractors, and the broader community;" and

replace with "foundational component of the community's behavioral health

infrastructure, benefiting incarcerated individuals, employees, contractors,

and the broader community, but not a substitute for the broader

community-based services and supports that must accompany it” so that it

would read:

WHEREAS, the existing Whatcom County Jail was not designed to

meet modern standards for behavioral health treatment, medical

care, trauma-informed housing, classification, programming, or staff

wellness, and the replacement of that facility with one designed to

incorporate dedicated behavioral health treatment space,

detoxification and medication-assisted treatment capacity,

therapeutic and trauma-informed housing environments, visitation

and reentry services, educational and vocational programming, and

humane working and living conditions will itself function as a

foundational component of the community's behavioral health

infrastructure, benefiting incarcerated individuals, employees,

contractors, and the broader community, but not a substitute for the

broader community-based services and supports that must

accompany it; and

The motion was seconded by Scanlon.

Councilmembers discussed the motion to amend the proposed amendment.

The motion to amend the motion carried by the following vote:

Aye: 5 - Boyle, Buchanan, Galloway, Rienstra, and Scanlon

Nay: 2 - Stremler and Elenbaas

The amended motion to amend the resolution carried by the following vote:

Aye: 6 - Boyle, Buchanan, Elenbaas, Galloway, Scanlon, and Stremler

Nay: 1 - Rienstra

Stremler moved to amend the second bullet point on page five to strike "the

use of proceeds from any future sale of the LaBounty road property, if such

option is feasible, as well as…"

Councilmembers discussed the motion.

Satpal Sidhu, County Executive, stated the Council should leave options

open instead of closing options. It should be stricken from here.

Councilmembers discussed that saying if an option is feasible does not

seem like they are tying their hands, what they could potentially do with the

proceeds of a sale, a desire to honor the small cities’ concerns with this

amendment, that the original language is just a request to the IPRTF to

consider recommendations, and keeping the language as broad as possible.

The motion failed by the following vote:

Aye: 2 - Stremler and Elenbaas

Nay: 5 - Boyle, Buchanan, Galloway, Rienstra, and Scanlon

Councilmembers discussed the main motion as amended.

Buchanan's motion that the REVISED SUBSTITUTE Resolution be

APPROVED (AS AMENDED) carried by the following vote:

5 - Boyle, Buchanan, Galloway, Rienstra, and Scanlon

2 - Elenbaas, and Stremler

Aye:

Nay:

Enactment No: RES 2026-018

Approved the “Revised Substitute Resolution for 5.12.26” 5-2 as amended, with Elenbaas and Stremler opposed.

Motion approved 6-1, with Rienstra opposed, to amend to add three whereas statements after the fourth to last

whereas statement as amended that read:

WHEREAS, modern correctional facility design recognizes that the physical environment itself materially affects

behavioral health outcomes, staff safety, institutional stability, trauma response, recidivism, and the ability to provide

effective treatment and programming, and that investments in therapeutic housing environments, behavioral health

treatment space, visitation, educational and vocational programming, and trauma-informed architectural design within

the jail facility are integral to the Justice Project’s goals of improved behavioral health outcomes, reduced recidivism,

and successful reentry; and

WHEREAS, the purpose of the replacement jail is not merely to expand incarceration capacity, but to replace an

outdated and inadequate facility with one capable of safely and humanely delivering behavioral health treatment,

medical care, stabilization services, reentry support, and programming that are not feasible within the constraints of the

current facility; and

WHEREAS, the existing Whatcom County Jail was not designed to meet modern standards for behavioral health

treatment, medical care, trauma-informed housing, classification, programming, or staff wellness, and the replacement

of that facility with one designed to incorporate dedicated behavioral health treatment space, detoxification and

medication-assisted treatment capacity, therapeutic and trauma-informed housing environments, visitation and reentry

services, educational and vocational programming, and humane working and living conditions will itself function as a

foundational component of the community's behavioral health infrastructure, benefiting incarcerated individuals,

employees, contractors, and the broader community, but not a substitute for the broader community-based services

and supports that must accompany it.

Motion had been approved 5-2, with Stremler and Elenbaas opposed, to amend Elenbaas’ original motion by

amending Elenbaas' final proposed whereas clause to strike "substantial investment in behavioral health benefiting

incarcerated individuals, employees, contractors, and the broader community;" and replace with "foundational

component of the community's behavioral health infrastructure, benefiting incarcerated individuals, employees,

contractors, and the broader community, but not a substitute for the broader community-based services and supports

that must accompany it.” This amendment to the proposed motion to amend the resolution is reflected in the motion

above.

(From Council Committee of the Whole)

AB2026-272

Request for motion regarding council meeting procedures for discussion of agenda bill

items on the day of introduction

Galloway reported for Committee of the Whole and spoke about the

inefficiencies in how they are doing things now.

Scanlon moved to rescind the motion passed on April 1st, 2025 to require

discussion on the day of introduction.

The motion was seconded by Rienstra.

The motion carried by the following vote:

Aye: 5 - Galloway, Rienstra, Scanlon, Boyle, and Buchanan

Nay: 2 - Elenbaas and Stremler

Scanlon moved to require discussion in committee on the day of

introduction for the following: ordinances amending the County budget,

ordinances requiring a public hearing, and all official recurring county plans

or plan updates.

The motion was seconded by Rienstra.

The motion carried by the following vote:

Aye: 6 - Galloway, Rienstra, Scanlon, Boyle, Buchanan, and Elenbaas

Nay: 1 - Stremler

This agenda item was DISCUSSED AND MOTION(S) APPROVED.

MOTION 1

Motion approved 5-2, with Elenbaas and Stremler opposed, to rescind the motion passed on April 1st, 2025 to

require discussion on the day of introduction.

MOTION 2

Motion approved 6-1, with Stremler opposed, to require discussion in committee on the day of introduction for the

following: ordinances amending the County budget, ordinances requiring a public hearing, and all official recurring

county plans or plan updates.

COUNCIL APPOINTMENTS TO ADVISORY GROUPS

AB2026-325

Appointment to vacancies on the Lynden/Everson Flood Subzone Advisory

Committee, Applicants: Ladd Shumway, Jackie Abercrombie, Luke Wolfisberg

(Council acting as the Flood Control Zone District Board of Supervisors)

Scanlon moved to accept late applications.

The motion was seconded by Stremler.

The motion carried by the following vote:

Aye: 6 - Rienstra, Scanlon, Stremler, Boyle, Buchanan, and Galloway

Nay: 1 - Elenbaas

Scanlon moved to consider all three applicants and appoint two.

The motion was seconded by Buchanan.

Councilmembers discussed the applicants.

Luke Wolfisberg and Ladd Shumway were appointed by the following vote:

Luke Wolfisberg: 7 - Galloway, Rienstra, Scanlon, Stremler, Boyle,

Buchanan, and Elenbaas

Ladd Shumway: 4 - Galloway, Scanlon, Stremler, and Buchanan

Jackie Abercrombie: 3 - Rienstra, Boyle, and Elenbaas

This agenda item was APPOINTED.

Motion approved to accept late applications 6-1, with Elenbaas opposed

Appointed Luke Wolfisberg with 7 votes and Ladd Shumway with 4 votes

CONFIRMATION OF EXECUTIVE APPOINTMENTS TO ADVISORY GROUPS

AB2026-350

Request confirmation of the County Executive’s appointment of Neal Walker to the

Food System Committee

Buchanan moved and Scanlon seconded that the Executive Appointment be

CONFIRMED. The motion carried by the following vote:

7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler

Aye:

Nay:

ITEMS ADDED BY REVISION

There were no agenda items added by revision.

INTRODUCTION ITEMS

Scanlon moved to introduce items one through eight. The motion was

seconded by Rienstra (see votes on individual items below).

AB2026-333

Ordinance increasing the Petty Cash Revolving Fund for the Parks & Recreation

Department, in the amount of $500

Scanlon moved and Rienstra seconded that the Ordinance be

INTRODUCED. The motion carried by the following vote:

7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler

Aye:

Nay:

AB2026-351

Ordinance amending the project budget for the Austin Court Stormwater

Improvement Project Fund, request no. 1

Scanlon moved and Rienstra seconded that the Ordinance be

INTRODUCED. The motion carried by the following vote:

7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler

Aye:

Nay:

AB2026-353

Ordinance amending the project budget for the North Commercial Street Acquisition,

request no. 1

Scanlon moved and Rienstra seconded that the Ordinance be

INTRODUCED. The motion carried by the following vote:

7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler

Aye:

Nay:

AB2026-355

Ordinance amending the project budget for the New Public Health, Safety and Justice

Facility, request no. 11

Scanlon moved and Rienstra seconded that the Ordinance be

INTRODUCED. The motion carried by the following vote:

7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler

Aye:

Nay:

AB2026-369

Ordinance amending the 2026 Whatcom County Budget, request no. 8, in the amount

of $8,914,924

Scanlon moved and Rienstra seconded that the Ordinance be

INTRODUCED. The motion carried by the following vote:

7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler

Aye:

Nay:

AB2026-373

Resolution amending the 2026 Flood Control Zone District and Subzones Budget,

request no. 3, in the amount of $34,964 (Council acting as the Whatcom County

Flood Control Zone District Board of Supervisors)

Scanlon moved and Rienstra seconded that the Resolution (FCZDBS) be

INTRODUCED. The motion carried by the following vote:

7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler

Aye:

Nay:

AB2026-374

Ordinance amending the project based budget for the Lummi Nation Ferry Lease

Fund-3901, request no. 1

Scanlon moved and Rienstra seconded that the Ordinance be

INTRODUCED. The motion carried by the following vote:

7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler

Aye:

Nay:

AB2026-379

Ordinance amending the project budget for the Central Shop National Pollutant

Discharge Elimination System (NPDES) Stormwater Improvements Project Fund,

request no. 2

Scanlon moved and Rienstra seconded that the Ordinance be

INTRODUCED. The motion carried by the following vote:

7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler

Aye:

Nay:

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

Galloway requested that they not give reports and other updates.

ADJOURN

The meeting adjourned at 11:42 p.m.

ATTEST:

WHATCOM COUNTY COUNCIL

WHATCOM COUNTY, WA

______________________________

Cathy Halka, Council Clerk

___________________________

Kaylee Galloway, Council Chair

Meeting Minutes prepared by Kristi Felbinger