Whatcom County  
Council Committee of the Whole  
COUNTY COURTHOUSE  
311 Grand Avenue, Ste #105  
Bellingham, WA 98225-4038  
(360) 778-5010  
Committee Minutes - Final  
Tuesday, June 23, 2026  
2:40 PM  
Hybrid Meeting - Council Chambers  
HYBRID MEETING - MAY BEGIN EARLY/LATE - ADJOURNS BY 4:30 P.M.  
(PARTICIPATE IN-PERSON, SEE REMOTE JOIN INSTRUCTIONS AT  
COUNCILMEMBERS  
Elizabeth Boyle  
Barry Buchanan  
Ben Elenbaas  
Kaylee Galloway  
Jessica Rienstra  
Jon Scanlon  
Mark Stremler  
CLERK OF THE COUNCIL  
Cathy Halka, AICP, CMC  
Call To Order  
Roll Call  
Council Chair Kaylee Galloway called the meeting to order at 2:26 p.m. in a  
hybrid meeting.  
7 -  
Present:  
Elizabeth Boyle, Barry Buchanan, Ben Elenbaas, Kaylee Galloway, Jessica  
Rienstra, Jon Scanlon, and Mark Stremler  
Announcements  
Special Presentation  
1.  
Presentation from Susan Marks regarding the Commission on Sexual and Domestic  
Violence  
Susan Marks, Commission on Sexual and Domestic Violence, read from a  
presentation (on file) on the history of the Commission and its  
membership, how they are funded, what the commission does and the focus  
of their work, current projects (including a sexual assault protection order  
case review, a re-imagining-justice project to develop survivor-centered  
restorative justice options, and training and workshops for schools around  
prevention and response), and two upcoming events (a July 23 commission  
meeting and the 2026 Whatcom County Summit on Missing and Murdered  
Indigenous Women and People in November).  
This agenda item was PRESENTED.  
Committee Discussion  
1.  
Discussion of an ordinance granting Forged Fiber 37, LLC a non-exclusive franchise  
of the provision of telecommunication services in Whatcom County  
Andrew Hester, Public Works Department, briefed the councilmembers and  
stated these franchise agreements are essentially the framework for  
allowing utility to operate within the roads and that they still have to go  
through the regular permitting process. AT&T is buying out Lumen in this  
region, so in order to operate within the right of ways, they need this  
franchise agreement, and a public hearing will be scheduled for the 28th of  
July. He stated it is a ten-year term, there is a five percent fee built-in, and  
it includes the standard hold harmless, permitting, and relocation language  
which is very important for Public Works to make sure that if they have a  
road project, the utility will relocate.  
He answered a question about the five percent fee and stated it is five  
percent of their gross revenues in the facilities in which they are operating  
the utilities in this area, and he spoke about the ability to perform audits.  
This agenda item was DISCUSSED.  
2.  
Discussion of an ordinance adopting Whatcom County Comprehensive Plan and  
Foothills Subarea Plan amendments relating to Periodic Update and Urban Growth  
Area review requirements under the Growth Management Act  
Galloway stated this is the first time they are seeing the whole plan and this  
would be the final call for amendments.  
Kiana Oos, Council Office Staff, answered if the item that will get  
introduced will be red line or clean, and stated it is customarily the redline  
version since that would (in this case) show all the amendments to the 2016  
version.  
Kimberly Thulin, Prosecuting Attorney's Office, spoke about her review of  
the ordinances and that she made some formatting changes. She will  
continue her review and let Council know if there are additional changes  
that need to be made.  
Lauren Clemens, Public Works Department Climate Action Manager, gave  
an overview of potential amendments proposed by the Climate Impact  
Advisory Committee and sent to Councill via an email on June 18th for  
Chapter 12, and Council staff displayed them on the screen.  
Galloway moved that they include amendments 1-4 (as shown on the  
screen) from the Climate Impact Advisory Committee, making amendments  
to Chapter 12.  
The motion failed for lack of a second.  
Mark Personius, Planning and Development Services Department Director,  
answered what the process would be if Council would like to make  
amendments (from these and other proposals) in the future, and stated under  
the Growth Management Act (GMA) they can amend the Comprehensive  
Plan (with a few exceptions) once a year. He spoke about some exceptions,  
including responding to an appeal to the Growth Management Hearings  
Board and adopting a new sub-area plan, both of which can be done at any  
time.  
Galloway stated they could compile a list of straggler amendments and  
think about going through the amendment process in 2027.  
Personius stated amendments would go through the normal deliberative  
public review process and would generally be taken to the Planning  
Commission first and then go to Council for recommendation.  
Clerk's note: There were more questions asked on Chapter 12 under  
AB2026-493.  
This agenda item was DISCUSSED.  
3.  
Discussion of an ordinance adopting Whatcom County Code Title 20 development  
regulation amendments relating to Periodic Update requirements under the Growth  
Management Act  
Maddie Schacht, Planning and Development Services Department, stated  
there is a substitute ordinance with legal notes and amendments.  
Galloway stated when they introduce the ordinance (AB2026-489) this  
evening they will need to note that they are introducing a substitute version.  
Scanlon acknowledged comments that have been sent to the Council but  
stated, at this point, he just does not know what the potential consequences  
are of proposed amendments so it would make sense to wait until their next  
annual process to make any additional changes.  
Lauren Clemens, Public Works Department Climate Action Manager, and  
councilmembers discussed a June 8 letter from the BP Cherry Point  
refinery with their concerns about Chapter 12 (see AB2026-491) and  
particularly a concern about imposing new greenhouse gas emission limits.  
This agenda item was DISCUSSED.  
4.  
Discussion of an ordinance adopting Whatcom County Zoning Map amendments  
relating to Periodic Update requirements under the Growth Management Act  
Galloway stated she worries they are making a decision in the Custer area  
that might limit their abilities to think more creatively in the future. By  
upzoning it, it feels they are limiting their ability to do something denser in  
the future.  
This agenda item was DISCUSSED.  
THE FOLLOWING TWO AGENDA ITEMS WERE DISCUSSED TOGETHER  
5.  
Ordinance amending Whatcom County Code Chapter 5.20, Fireworks, to strengthen  
fireworks regulations by limiting the days fireworks are allowed and prohibiting  
fireworks during burn bans  
See notes on AB2026-475.  
This agenda item was DISCUSSED.  
6.  
Ordinance amending Whatcom County Code Chapter 5.20, Fireworks, to strengthen  
fireworks regulations by limiting the days fireworks are allowed and prohibiting  
fireworks during burn bans  
This item was discussed along with AB2026-431.  
Galloway stated there are two versions of the ordinance; one (AB2026-431)  
was the original as proposed and the second (AB2026-475) was what they  
called the "Galloway language" which had included a 100-foot setback under  
the Period of use and limitation, amendments to the special circumstances  
section to specify a stage 2 ban on outdoor burning as a condition for the  
prohibition of consumer fireworks, and clarification that the executive, in  
consultation with the fire marshal and Sheriff’s Office, would retain  
discretion under other special circumstances. Her preference would be that  
they consider this amended version (AB2026-475). The substitute for  
AB2026-475 also includes some non-substantive changes to incorporate  
feedback from one of the county’s fire chiefs. This version adds language to  
the Purpose section that gives the county some flexibility in the deference  
to the State RCW in the event that State RCW changes, it adds back a  
definition about display fireworks which comes directly from the RCW, and  
adds an RCW reference to the section on Illegal sale to make sure the  
county is in alignment with State law on that.  
Galloway spoke about stakeholder outreach that has happened since their  
last meeting and referenced three fact sheets (on file): Fact Sheet - Air  
Quality, Fact Sheet - Fireworks policies among Washington Tribes, and Fact  
Sheet - Impacts of fireworks. She pointed out there are still questions  
around enforcement of the ordinance and funding for that, and that another  
Washington County does enforcement through their Planning Department  
rather than the Sheriff’s Office.  
Councilmembers discussed what engagement looked like with stakeholders  
in Birch Bay, the Tribes, and the Sheriff’s Office and how this ordinance  
would affect them, what is working (or not) in other counties to reduce the  
risks of fireworks, how the 100 foot setback might affect the ability for  
consumer fireworks in Birch Bay, what could be done to address issues and  
support concerns in Birch Bay outside of this ordinance, an interest in being  
collaborative with stakeholders to figure out a solution that works for  
everyone and works toward overall harm reduction, that there may be other  
entities that sell fireworks as fundraisers that might be affected by the  
ordinance, that though frustrations with the ordinance have been referenced,  
there are also many people who support it, the idea of setting up a  
temporary task force to come together with people with different  
perspectives in order to get the policy right, data about response to  
emergencies due to fireworks and that much of it is anecdotal, and interest  
in retaining the three-day window for allowing fireworks.  
Curtis Metz, Planning and Development Services Department, answered if  
the mechanism of prohibiting the discharge of private fireworks because of  
a ban on outdoor burning has ever been utilized, and stated it has never been  
used to ban or limit fireworks.  
Jed Holmes, Executive's Office, stated though there have been requests for  
the executive to take action, no action has been taken in the last seven years  
for the Fourth of July except messages put out about being careful.  
Councilmembers discussed if Council might want to hold this in order to  
allow for more stakeholder engagement and if they might request that the  
executive consider regularly communicating some precautions to help  
address some of the concerns.  
This agenda item was DISCUSSED.  
Discussion of results of 2026 legislative session and preparations for 2027 session  
Jed Holmes, Executive's Office, introduced the presentation.  
7.  
Josh Weiss, Columbia Policy Advisors, read from a presentation (on file)  
on a summary of the legislative session and budget, the mostly-successful  
outcome of councilmember priorities which they established last fall, a  
summary of the next legislative session and budget outlook, and next steps  
to start thinking about priorities for 2027.  
He and councilmembers discussed how they can address economic  
development, WSAC priorities and how we see our county strategies  
toggling between being part of the collective voice versus just being our  
own, two rural revenue priorities of WSAC centering around mitigation for  
the loss of local sales tax and the need for counties’ revenue problems to be  
included if the State continues to discuss (and try to fix) its own revenue  
problem, other issues that will be on WSAC’s priority list, addressing State  
requirements around having to have sewer services in order to have middle  
housing in LAMIRDS, addressing zoning issues that cause food deserts in  
some rural parts of the county, asking Legislators to champion for local  
government when it comes to discussions around progressive revenue tools,  
if they are likely to see anything in the upcoming session regarding rising  
healthcare costs, and tracking our delegation's bills to see where we can  
lend our ally-ship.  
Holmes wrapped up the discussion and stated they welcome feedback from  
the Council in planning for the next session.  
Galloway stated in light the County’s fiscal challenges impacting their  
ability to travel, she would like to strategize around how they can make sure  
to remain present during the legislative session in the absence of being able  
to participate in person.  
This agenda item was DISCUSSED.  
Items Added by Revision  
There were no agenda items added by revision.  
Other Business  
There was no other business.  
Adjournment  
The meeting adjourned at 4:21 p.m.  
The County Council approved these minutes on July 14, 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