Whatcom County

Council

COUNTY COURTHOUSE

311 Grand Avenue, Ste #105

Bellingham, WA 98225-4038

(360) 778-5010

Minutes - Final

Tuesday, April 28, 2026

6 PM

Hybrid Meeting - Council Chambers

HYBRID MEETING (PARTICIPATE IN-PERSON, SEE REMOTE JOIN

INSTRUCTIONS AT www.whatcomcounty.us/joinvirtualcouncil, OR CALL

360.778.5010); AGENDA REVISION 4.24.2026

COUNCILMEMBERS

Elizabeth Boyle

Barry Buchanan

Ben Elenbaas

Kaylee Galloway

Jessica Rienstra

Jon Scanlon

Mark Stremler

CLERK OF THE COUNCIL

Cathy Halka, AICP, CMC

COUNTY COUNCIL

CALL TO ORDER

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

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

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

MIN2026-036 Committee of the Whole Executive Session for April 14, 2026

Scanlon moved and Buchanan 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:

MIN2026-037 Committee of the Whole for April 14, 2026

Scanlon moved and Buchanan 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:

MIN2026-038 Regular County Council for April 14, 2026

Scanlon moved and Buchanan 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

AB2026-281

Ordinance adopting Whatcom County Code Chapter 16.38, Source Control of

Existing Development, to require the use of best management practices for

stormwater pollution prevention within the Whatcom County, Washington Phase II

Municipal Stormwater Permit Area

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

Hearing.

Buchanan moved and Scanlon seconded that the SUBSTITUTE Ordinance

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

following vote:

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

Aye:

Nay:

Enactment No: ORD 2026-021

OPEN SESSION

The following people spoke:

Dwayne Engelsman

John Friberg

Jessica Novedo

Tamara Lienhart

Adam Bellingar

John Westerfield

Linda Hinton

Markis Dee

Lee Breakey

Sarah Hoag

Bud Breakey

Buck Breakey

Atul Deshmane

Andy Breakey

Coleman Hoyt

Peter Condyles

Diane Smith

Mike Schoppert

Michael Butler

Hanna Roseen

Alexandra Williams

Allison Trimble

Adam Moa

Kathleen Kloëp

Bill Rudd

Brian Dujmovich

Sasha Curcic

Zak Myers

Cliff Langley

Michelle Gillig

Molly Crocker

Michelle Cameron

Cynthia Sue Ripke-Kutsagoitz

Janet Johnson

Richard Johnson

Irene Morgan

Ryan Bowman

Finn Kurtz

Richard Kirkham

Julie Jansen

Charlie Brown

Brooke Elolande

Deb McCunn

Paul Isaacson

Aubyana Clarke

Livia Klaus

Brooke Fraser

Abdullah Nusayr

Richard Verbree

Amy Kenna

George Hartdëgen

Alison Post

Lyle Sorenson

Liz Darrow

Gail Hanna

Andrew Shelton

Susan Hutton

Allison Zellner

Benny Spencer

Kim Brown

Rhys-Thorvald Hansen

Anthony Blackwell Jr

Hill Cummings

Perry Eskridge

Bill Geyer

Maya Morales

Diane Kitchen

Joe (last name not stated)

Mary Kay Robinson

Kaya Gilje

Lola Thompson

Marvin Mickley

Luke (last name not stated)

Indigo (last name not stated)

Robin Preble

Hannah Ordos

Daniel (last name not stated)

Jackie Tobon

Shannon

Hearing no one else, Galloway closed the Open Session.

Councilmembers took a short recess at 9:43 p.m. and reconvened at 9:58

p.m.

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 eleven (with item

twelve being considered separately) Councilmembers voted on those items

(see votes on individual items below).

AB2026-055

Request authorization for the County Executive to enter into a grant agreement

between Whatcom County and the Washington State Department of Ecology to

support the Nooksack Riparian Resilience Project for restoration planning, partner

coordination, and restoration implementation, in the amount of $2,244,875

Scanlon reported for the Finance and Administrative Services Committee and

moved that the Interlocal be AUTHORIZED BY CONSENT. The motion

carried by the following vote:

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

Aye:

Nay:

AB2026-264

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

between Whatcom County & Washington State University (WSU) to continue the

jointly shared costs for faculty positions and program support for WSU Whatcom

Extension in the amount of $60,000 for a total amended contract amount of

$3,885,050.90

Scanlon reported for the Finance and Administrative Services Committee and

moved that the Interlocal be AUTHORIZED BY CONSENT. The motion

carried by the following vote:

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

Aye:

Nay:

AB2026-290

Request authorization for the County Executive to enter into an interlocal agreement

between Whatcom County and Washington State Military Department to assist

Whatcom County in preparing for all hazards, in the amount of $65,507

Scanlon reported for the Finance and Administrative Services Committee and

moved that the Interlocal be AUTHORIZED BY CONSENT. The motion

carried by the following vote:

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

Aye:

Nay:

AB2026-301

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

between Whatcom County and Pacific Security to continue security services for the

Whatcom County Courthouse, in the amount of $165,000 for a total amended

contract amount of $477,416.14

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:

AB2026-312

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

Whatcom County and Kulshan Community Land Trust for the development of eight

energy-efficient, permanently affordable townhomes, in the amount of $436,902.48

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:

AB2026-313

Request authorization for the County Executive to relinquish a foot trail easement held

by the Whatcom Land Trust, located within South Fork Park

Scanlon reported for the Finance and Administrative Services Committee and

moved that the Agreement be AUTHORIZED BY CONSENT. The motion

carried by the following vote:

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

Aye:

Nay:

AB2026-317

Request authorization for the County Executive to enter into a grant agreement

between Whatcom County and Washington State Department of Transportation to

complete a multimodal path connecting the communities of Kendall and Glacier, in the

amount of $425,000

Scanlon reported for the Finance and Administrative Services Committee and

moved that the Agreement be AUTHORIZED BY CONSENT. The motion

carried by the following vote:

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

Aye:

Nay:

AB2026-324

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

between Whatcom County and Whatcom Long Term Recovery Group to correct the

effective date of a recently approved rate increase to December 1, 2025, with no

change to the contract amount (Council acting as the Whatcom County Flood Control

Zone District Board of Supervisors)

Scanlon 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:

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

Aye:

Nay:

AB2026-329

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

between Whatcom County and Peace Centers to maintain a coordinated system of

licensed drop-in childcare within Whatcom County in the amount of $290,676.84, for

a total amended contract amount of $790,597.84

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:

AB2026-331

10.

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

Whatcom County and Opportunity Council to provide funding for capital and

operational expenses for the Cedar Commons Early Learning Center, in the amount

of $291,676

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:

AB2026-334

11.

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

Whatcom County and Seattle Foundation to provide funding for projects that further

the goals and objectives of the Trueblood Settlement Agreement, in the amount of

$3,603,879

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:

AB2026-335

12.

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

Whatcom County and Opportunity Council to provide funding for the second phase

of the low-income Bellis Fair Housing development, in the amount of $1,386,485

THIS ITEM WAS CONSIDERED SEPARATELY BELOW

CONSENT AGENDA CONSIDERED SEPARATELY

AB2026-335

12.

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

Whatcom County and Opportunity Council to provide funding for the second phase

of the low-income Bellis Fair Housing development, in the amount of $1,386,485

Scanlon reported for the Finance and Administrative Services Committee

and moved that the Contract be AUTHORIZED.

Stremler stated the Economic Development Investment (EDI) Board (of

which he is a member) ended up not recommending this source of income

for this project. It then went to Council, and the Council body said yes to

funding it through EDI. But, coming from the EDI board, he stated he is

going to follow their recommendation.

Elenbaas stated he thought these were dollars well-spent since the funding

was delivering a project that was serving a large need in our community. It is

also in the form of a loan, so over time, it will replenish the EDI fund with

interest.

Scanlon's motion that the Contract be AUTHORIZED carried by the

following vote:

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

1 - Stremler

Aye:

Nay:

OTHER ITEMS

(From Council Finance and Administrative Services Committee)

AB2026-209

Ordinance amending the 2026 Whatcom County Budget, request no. 7, in the amount

of $23,290,457

Scanlon reported for the Finance and Administrative Services Committee

and moved that the Ordinance be ADOPTED. He stated they did not have

time today to discuss this so there was no recommendation from the

committee.

The motion was seconded by Rienstra.

Kayla Schott-Bresler, Executive's Office, answered whether the

Administration has any concerns about new items (category C) on the

summary list that represent new spending requests which impact ending

fund balance, given what we know about the status of budget. She stated that

most of the $1.4 million impact on the General Fund is a transfer related to

the Opioid Special Revenue Fund to move those funds out of the General

Fund into a special revenue fund in order to better track those dollars. There

is $64,000 that is non-revenue-backed to fund emergency management

activities, but everything else had been previously discussed or authorized.

She and Scanlon highlighted other items on the list.

Scanlon's motion that the Ordinance be ADOPTED carried by the following

vote:

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

Aye:

Nay:

Enactment No: ORD 2026-022

AB2026-212

Resolution ordering the cancellation of unredeemed checks (warrants) more than one

year old

Scanlon reported for the Finance and Administrative Services Committee

and moved that the Resolution be APPROVED (there was no

recommendation from the committee).

The motion was seconded by Rienstra.

Kayla Schott-Bresler, Executive's Office, answered if these are checks the

County has written people but that have not been cashed, and stated that is

correct. The payee would still, however, have a claim to the funding. It just

goes to a special state account and people can contact the state if they

would like to pursue settlement of their check.

Scanlon's motion that the Resolution be APPROVED carried by the following

vote:

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

Aye:

Nay:

Enactment No: RES 2026-011

AB2026-292

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

request no. 1, in the amount of $23,406 (Council acting as the Whatcom County

Flood Control Zone District Board of Supervisors)

Scanlon reported for the Finance and Administrative Services Committee

and moved that the Resolution (FCZDBS) be APPROVED. He stated there

was no recommendation from committee.

The motion was seconded by Boyle.

Scanlon's motion that the Resolution (FCZDBS) be APPROVED carried by

the following vote:

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

1 - Elenbaas

Aye:

Nay:

Enactment No: RES 2026-012

AB2026-295

Resolution authorizing the submission of three independent grant applications to the

Brian Abbott Fish Barrier Removal Board to restore fish passage at the Black Slough

and Homesteader culverts and to complete the final design and permitting of the

Tinling Creek culvert project (Council acting as the Whatcom County Flood Control

Zone District Board of Supervisors)

Scanlon reported for the Finance and Administrative Services Committee

and moved that the Resolution (FCZDBS) be APPROVED. He stated there

was no recommendation from committee.

The motion was seconded by Boyle.

The following people discussed the item with councilmembers:

John Paul Shannahan, Public Works Department

Kayla Schott-Bresler, Executive's Office

Elizabeth Kosa, Public Works Department Director

Scanlon stated they had a conversation with Alexander Harris from Planning

and Development Services Department today about how the black slough

fish passage item relates to the open space item (AB2026-330) and that it is

an adjacent property.

Shannahan answered what fund the $296,000 local match amount will come

from, and stated it comes out of the Road Fund for these projects. He

answered if reports on the health of the Road Fund are factoring in these

potential match requirements, and stated he believes so.

Schott-Bresler stated Director Kosa is closely monitoring all of Public

Works’ capital projects and how they affect the Road Fund balance.

Kosa answered if they are budgeting for this, and stated they are.

Scanlon's motion that the Resolution (FCZDBS) be APPROVED carried by

the following vote:

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

Aye:

Nay:

Enactment No: RES 2026-013

(From Council Criminal Justice and Public Safety Committee)

AB2026-291

Ordinance amending Whatcom County Code Section 5.04.080, Emergency Medical

Services (EMS) Oversight Board, and Section 5.04.085, EMS Technical Advisory

Board, to change the membership of the EMS Oversight Board and the EMS

Technical Advisory Board

Buchanan reported for the Criminal Justice and Public Safety Committee

and moved that the REVISED SUBSTITUTE Ordinance be ADOPTED as

amended in committee.

Galloway stated she is heartbroken that Council opted to strike the language

around independent external review and evaluation of the EMS levy and

feels like this is a step back from a commitment they have made in many

other County-funded programs to provide transparency and accountability

to our County-funded system.

Scanlon stated it was pointed out earlier today that they have other

mechanisms to do this, so if the full Council wants to do it, they can find

the funding.

Galloway spoke about why she wanted the language included and stated it

would have been nice to work with the stakeholders and let it be self-driven.

Buchanan's motion that the REVISED SUBSTITUTE Ordinance be

ADOPTED carried by the following vote:

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

Aye:

Nay:

Enactment No: ORD 2026-023

Adopted the Revised Substitute Ordinance as Amended in Committee 4.28.2026.

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 SUBSTITUTE RESOLUTION (as amended in committee

today) be APPROVED.

Scanlon moved to hold this item for two weeks.

The motion was seconded by Boyle.

Scanlon stated he would like to hold the resolution so he can work on a few

things, such as operational costs.

Elenbaas stated waiting for two weeks could add $560,000 to the project

and he is not sure that holding is worth that much money. He stated he does

not hear anyone trying to back off on what they have been coming up with as

far as what the appropriate behavioral health services are. He just hears the

Administration and execution team saying they need some leeway on their

budgets in order to execute the plan.

Buchanan stated he is against the motion. He thinks they will have a better

idea of operational costs once the programming effort comes back to the

Council in May.

Satpal Sidhu, County Executive, stated it is valid to talk about operational

cost but that has been part of the discussion, even when they were putting

this on the ballot. The design team has been instructed to take operational

costs into consideration, so in his mind, that has been taken care of, and

Council will get another opportunity to discuss it.

Scanlon stated this is a $225 million decision and it is OK to take their

time.

Stremler stated it will not be just a jail or a behavioral care center; it is

going to be both. He listed programs consistent with the Justice Project

Implementation plan that are already funded and in place, and stated he

wants the community to know there are significant investments and

opportunities for people already going on.

Cathy Halka, Clerk of the Council, answered if it is possible to vote on this

resolution next week at a special meeting on May 5th and spoke about the

meeting schedule for that day.

Scanlon amended his motion to hold for one week.

Councilmembers discussed the motion to hold, what Scanlon would be

looking for (and where he is going to find it) in one week, that Scanlon

wants to look into things that came up in public comment and talk to the city

mayors, if they could pass the resolution and then amend it at another time,

that the programming team wants to start their work tomorrow and holding

it would hold them up, scheduling a special Council meeting and how they

might do that with the meetings that are already scheduled, implications for

the programming team that already had to clear their calendar for the next

two weeks and that they need this commitment from Council to do their

work, that there are other things that people could work on if they hold the

resolution, if they could have a motion to preliminarily express their

support for the $205/$20 million split and then spend another week just

getting the resolution right, and exploring how they can reach the 50/50

split earlier in the equation.

Schott-Bresler stated she thinks a motion around the budget cap would hold

them until the Council finishes working on the resolution in a week.

Councilmembers discussed possibilities of splitting the resolution into

two, with one setting the budget cap and one working on other issues such

as the 50 percent investment definitions, holding for a week as per the

motion, or making a subsequent motion (if the resolution is held) that gets

the administration the one data point they really need the most (and fastest)

which is the budget cap.

The motion to hold for one week carried by the following vote:

Aye: 4 - Galloway, Rienstra, Scanlon, and Boyle

Nay: 3 - Elenbaas, Stremler, and Buchanan

Galloway moved that the Whatcom County Council preliminarily expresses

support for a preliminary planning budget ceiling of $205 million for the

jail and $34 million for the behavioral care center, which would include $20

million from the sales and use and $14 million from grants and state

sources, with the understanding that the forthcoming Buchanan resolution

will clarify planning principles and other parameters and council priorities.

The motion was seconded by Boyle. She stated that she wants the motion to

be clear that it is a planning input tool only and does not authorize debt, as

stated in the resolution (in the first “Be it further resolved” statement).

Galloway stated it should be very clear that this is not final action; this is

preliminary.

Galloway amended her motion and moved that the Whatcom County

Council preliminarily expresses support for a preliminary planning budget

ceiling of $205 million for the jail and $34 million for the Behavioral Care

Center ($20 million from the sales tax and $14 million from grants and

state sources) as a framework for completing the programing exercise and

not authorizing debt, with the understanding that the forthcoming Buchanan

resolution will clarify planning principles, parameters and council

priorities.

Scanlon stated he does not like the idea of separating these things out, and

councilmembers discussed the motion.

Sidhu suggested, if everybody is more or less agreeable to Buchanan’s

resolution, they might consider, instead of holding up the process, writing

the executive a separate memo with the issues Scanlon comes up with. He

spoke about how the Administration is partnering with the Council, and that

the Council can always add more. He answered if Galloway’s motion is

enough to give the programming team a green light to start their work, and

he stated he thinks the Council should agree to the whole resolution.

Rob Ney, Administrative Services Department Facilities, stated it is

important to keep their schedule, and a dollar amount would assist them a

lot in their programming efforts over the next week. He stated he would

support the motion and that it would give them at least some direction and

help them commence the programming effort.

Scanlon stated they are spending more time on trivial matters than a $225

million decision and he is just asking for a week.

Councilmembers and the speakers discussed that this would give the

programming team a clear direction to start, that it feels like there is

pressure to approve something so that work that has already been planned

can start tomorrow, that the programming team will attempt to program to

whatever number the Council gives them and that the programming was

scheduled with respect to a budget number coming out of this discussion,

that the Council will retain the budget authority on this regardless of what

the resolution says or even what was sent to the voters, the project schedule

overall and that the Council is going to be facing other much more

significant decisions than this at the end of the summer, that the schedule

will rely on quick, big decisions as they move forward in order to stay on

track, that the Admiration has been transparent with the Council, that

Buchanan’s resolution frames what the Finance and Facility Advisory Board

submitted in a memo two weeks ago, and that the process may be

uncomfortable for both the Council and the community every step of the

way.

Galloway's amended motion carried by the following vote:

Aye: 4 - Buchanan, Elenbaas, Galloway, and Stremler

Nay: 3 - Rienstra, Scanlon, and Boyle

Galloway stated they will work on getting an agenda published for a special

Council meeting on May 5th to consider an updated revised substitute.

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

Enactment No: RES 2026-018

MOTION 1

Motion approved 4-3, with Elenbaas, Stremler, and Buchanan opposed, to hold this item for one week.

MOTION 2

Motion approved 4-3, with Rienstra, Scanlon, Boyle opposed, that the Whatcom County Council preliminarily

expresses support for a preliminary planning budget ceiling of $205 million for the jail and $34 million for the

Behavioral Care Center ($20 million from the sales tax and $14 million from grants and state sources) as a framework

for completing the programing exercise and not authorizing debt, with the understanding that the forthcoming Buchana

resolution will clarify planning principles parameters and Council priorities.

(From Council Planning and Development Committee)

AB2026-330

Resolution approving recommendations on Open Space applications

Rienstra reported for the Planning and Development Committee and moved

that the SUBSTITUTE Resolution be APPROVED. The motion carried by

the following vote:

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

Aye:

Nay:

Enactment No: RES 2026-014

(No Committee Assignment)

AB2026-318

Request for motion to appoint a councilmember as an alternate representative to the

Northwest Clean Air Agency

Galloway moved that Council appoint councilmember Scanlon as the

alternate representative to the Northwest Clean Air Agency.

The motion was seconded by Stremler.

The motion carried by the following vote:

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

Nay: 1 - Elenbaas

Out of the Meeting: 1 - Buchanan

Scanlon was APPOINTED.

Motion approved 5-1, with Elenbaas opposed and Buchanan out of the meeting, that Council appoint councilmember

Scanlon as the alternate representative to the Northwest Clean Air Agency.

AB2026-319

Request for motion to approve a letter in support of the Whatcom Land Trust’s grant

application to the state Recreation and Conservation Office’s Community Forest

Program to acquire property to expand the Stewart Mountain Community Forest

Galloway stated the Land Trust had written to the Council requesting its

support on their grant application. If the letter is approved this evening, it

would be signed and sent tomorrow, which would narrowly make the Land

Trust’s deadline.

Galloway moved and Scanlon seconded that the Request for Motion be

APPROVED. The motion carried by the following vote:

4 - Boyle, Galloway, Rienstra, and Scanlon

2 - Elenbaas, and Stremler

1 - Buchanan

Aye:

Nay:

Temp Absent:

AB2026-272

10.

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

items on the day of introduction

Galloway referred to the memo (on file) and stated Council had made a

decision at the end of last year to have items come to the Council in

committee for discussion prior to introduction. She stated in some cases it

worked really well, but there have also been scenarios in which there has

been duplication of discussion. The memo proposes a slightly amended

approach to get to the spirit of what they wanted without the duplication and

inefficiencies.

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

discussion on the day of introduction.

The motion was seconded by Galloway.

Cathy Halka, Clerk of the Council, answered what problem they are trying

to solve, and stated the Council sees many agenda items four times (with

the current process) and that some of those items do not even have a lot of

discussion during those four appearances. Galloway and Scanlon narrowed

down a list of items they are concerned about having time to discuss before

they are introduced. She stated the purpose of discussion before

introduction is to give the opportunity to make substantive changes before

an item is introduced and not disrupt its path and schedule. A streamlined

approach of narrowing down the list of items Council really wants to

discuss on the day of introduction would provide increased efficiency in

scheduling meetings during the day and utilizing committee time for

discussion.

Councilmembers discussed the motion, benefits of having agenda items

before them up to four times, and whether they should hold it.

Scanlon moved to hold this item for a future committee meeting.

The motion was seconded by Galloway.

Scanlon's motion that this be held for a future committee meeting carried by

the following vote:

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

Aye:

Nay:

Motion approved 7-0 to hold this item for a future committee meeting.

COUNCIL APPOINTMENTS TO ADVISORY GROUPS

AB2026-275

Appointments to vacancies on the Whatcom County Ferry Advisory Committee,

various positions, Applicant(s) Markis Dee Stidham, Corey Williams, Virgil

Thompson, Jonathan King, Susan Hutton

Scanlon moved to appoint Jonathan King to the position of resident of

Whatcom County who does not live or own property on Lummi Island,

partial term ending January 31, 2028.

The motion was seconded by Boyle.

The motion carried by the following vote:

Aye: 7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and

Stremler

Nay: 0

Galloway moved to consider all four applicants for position of applicant

that lives or owns property on Lummi Island, partial term ending January 31,

2028, with a vote of one.

The motion was seconded by Scanlon.

Councilmembers discussed the applicants.

Markis (Dee) Stidham was appointed with six votes as follows:

Boyle: Markis Stidham

Elenbaas: Markis Stidham

Galloway: Markis Stidham

Scanlon: Markis Stidham

Stremler: Susan Hutton

Buchanan: Markis Stidham

Rienstra: Markis Stidham

Jonathan King and Markis Dee Stidham were APPOINTED.

Motion approved 7-0 to appoint Jonathan King to the resident of Whatcom County who does not live or own

property on Lummi Island. Partial term ending January 31st, 2028.

Appointed Markis Dee Stidham with 6 votes to the vacancy for an applicant who lives or owns property on Lummi

Island.

AB2026-297

Appointment to a vacancy on the Public Health Advisory Board, Applicant(s):

Michelle Gillig

Scanlon moved and Boyle seconded that the Council Appointment Requiring

Introduction be APPOINTED. The motion carried by the following vote:

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

Aye:

Nay:

AB2026-300

Appointment to a vacancy on the Business and Commerce Advisory Committee,

Marine Trades position, Applicant(s): Rex Rhoades

Scanlon moved and Boyle seconded that the Council Appointment Requiring

Introduction be APPOINTED. The motion carried by the following vote:

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

Aye:

Nay:

CONFIRMATION OF EXECUTIVE APPOINTMENTS TO ADVISORY GROUPS

AB2026-337

Request confirmation of the County Executive’s appointment of Barry Buchanan to

the Veterans Advisory Board

Scanlon moved and Elenbaas seconded that the Executive Appointment be

CONFIRMED. The motion carried by the following vote:

6 - Boyle, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler

Aye:

Nay:

1 - Buchanan

Abstain:

ITEMS ADDED BY REVISION

There were no agenda items added by revision.

INTRODUCTION ITEMS

Scanlon moved to introduce items one and two. The motion was seconded

by Boyle.

Councilmembers voted on the introduction items and then continued to

have discussion (see votes on individual items below).

They discussed if AB2026-339 could be scheduled for the Finance and

Administrative Services Committee and then Council for Public hearing,

that they have ample time to discuss it, and the process they would follow if

they chose to make substantive changes to the ordinance.

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 and Boyle seconded that the Council Appointment Requiring

Introduction be INTRODUCED. The motion carried by the following vote:

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

Aye:

Nay:

AB2026-339

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

system

Scanlon moved and Boyle seconded that the Ordinance Requiring a Public

Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried

by the following vote:

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

Aye:

Nay:

Enactment No: ORD 2026-024

COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES

Councilmembers discussed the motion that was approved for AB2026-340

earlier in the evening, and Galloway stated she would not want their

preliminary support to be perceived as not having guardrails for moving

forward in this conversation because she does not think that is the intent of

Council.

Scanlon stated some of them are working on the proposed land back

language (Comprehensive Plan) for various reasons.

Galloway stated she thinks the interest would be to remove some of the

prescriptive language and to provide some clarity, and then when they

consider the preface next week, to strike the term unceded because that has

been the feedback they have received.

MOTION FROM COMMITTEE OF THE WHOLE EXECUTIVE SESSION

AB2026-342

Discussion with Civil Deputy Prosecutor, Jesse Corkern regarding potential litigation

and approval of settlement, and separation agreement. [Discussion of this item may

take place in executive session (closed to the public) pursuant to RCW 42.30.110 (1)

(i)]

Galloway reported for Committee of the Whole Executive Session and

moved for approval to authorize the appropriation of funds to facilitate the

settlement of a personnel matter as discussed in executive session on April

28, 2026 based on the findings that this proposed settlement action is both

reasonable and in Whatcom County’s best interests.

The motion was seconded by Elenbaas.

The motion carried by the following vote:

Aye: Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler

Nay: 0

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

Motion approved 7-0 for approval to authorize the appropriation of funds to facilitate the settlement of a personnel

matter as discussed in executive session on April 28, 2026 based on the findings that this proposed settlement action

is both reasonable and in Whatcom County’s best interests.

ADJOURN

The meeting adjourned at 11:51 p.m.

The County Council approved these minutes on May 12, 2026.

ATTEST:

WHATCOM COUNTY COUNCIL

WHATCOM COUNTY, WA

______________________________

Cathy Halka, Council Clerk

___________________________

Kaylee Galloway, Council Chair

Meeting Minutes prepared by Kristi Felbinger

SIGNED COPY ON FILE