Whatcom County  
Council Criminal Justice and Public Safety Committee  
COUNTY COURTHOUSE  
311 Grand Avenue, Ste #105  
Bellingham, WA 98225-4038  
(360) 778-5010  
Committee Minutes - Draft Minutes  
Tuesday, April 14, 2026  
9:50 AM  
Hybrid Meeting - Council Chambers  
HYBRID MEETING - MAY BEGIN EARLY/LATE - ADJOURNS BY 12:00 P.M.  
(PARTICIPATE IN-PERSON, SEE REMOTE JOIN INSTRUCTIONS AT  
REVISION 4.13.2026  
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  
Committee Chair Barry Buchanan called the meeting to order at 10:02 a.m.  
in a hybrid meeting.  
6 -  
Present:  
Elizabeth Boyle, Barry Buchanan, Ben Elenbaas, Jessica Rienstra, Jon Scanlon,  
and Mark Stremler  
1 - Kaylee Galloway  
Absent:  
Announcements  
Committee Discussion  
Buchanan stated the first three agenda items have been consolidated into  
one agenda item (AB2026-322) as per the agenda revision notice for this  
date.  
Discussion with STV on Justice Project validation process  
1.  
This agenda item was WITHDRAWN.  
See AB2026-322 under Items Added by Revision  
2.  
Discussion with the Executive’s Office on Justice Project financial framework, risks,  
mitigation measures, and Finance and Facility Advisory Board deliberations;  
presentation of draft resolution on project financial framework and interlocal  
This agenda item was WITHDRAWN.  
See AB2026-322 under Items Added by Revision  
3.  
Presentation and discussion with consultants and staff on jail population forecast  
analysis and behavioral health analysis  
This agenda item was WITHDRAWN.  
See AB2026-322 under Items Added by Revision  
4.  
Discussion of an 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  
Galloway briefed the councilmembers on her substitute versions of the  
ordinance. She stated her substitute provides a different take on a few things  
which she would like to discuss. The first is how they structure the  
membership, and she is proposing an alternative structure where they focus  
more on having community member representation with varying discipline  
or expertise. A second is the concept of self-governance for the EMS  
Oversight Board (EOB) which has been pretty prescriptive in the past  
around having an executive chair. A third is adding language for the EMS  
levy process that would memorialize what we have already been doing in a  
lot of our local funding, which is around both an internal and external  
evaluation process as a regular part of the EMS levy update.  
Elenbaas asked whether Whatcom County Code (WCC) 5.04.080 B (7) (in  
Exhibit A of the revised substitute), saying that “The board shall designate a  
chair and vice chair at the first meeting of each year” is in conflict with  
WCC 5.04.085 B (1) which talks about those positions being jointly  
appointed by the County executive and Mayor of Bellingham.  
Galloway stated the latter is referring to the Technical Advisory Board  
which is separate from the EOB.  
Elenbaas moved to forward the Revised Substitute Ordinance (for  
introduction).  
The motion was seconded by Scanlon.  
Kristen Smith, Council Office Staff, stated there is a choice that needs to  
be made on the language of WCC 5.04.080 A (10) in Exhibit A in  
committee today. Councilmember Galloway has offered the alternative  
language in yellow for consideration. The original change that came from  
the EOB is shown in the red line right above it. Council should make a  
decision about what the language should be and then staff can prepare it for  
introduction tonight.  
Galloway spoke about the difference between the two proposals for that  
section, and stated that the intention was for the alternative subsection 10 to  
replace subsections 9 and 10.  
Councilmembers discussed that the community member at large position  
(in subsection 9) is meant to be broad, whether they should keep the  
community role separate, and that if you combine 9 and 10 and have three  
community members, one may not fit the definition of a community  
member who reflects diverse perspectives and community representation.  
Scanlon moved to strike the language beginning with "Alternative" (for  
5.04.080 A (10)) and retain the language as presented for nine and ten,  
including the edits.  
The motion was seconded by Stremler.  
Elenbaas stated with the way it would read, there could still be three people  
that have EMS or fire personnel experience, so the risk is the same either  
way.  
Satpal Sidhu, County Executive, stated that defining the positions and not  
combining them is better for future appointments.  
Rienstra stated that keeping subsection 9 but including the alternative for  
subsection 10 (except changing from three community members to two in  
that section), might be a way to still protect that community member at  
large position, at least in spirit.  
Smith stated there was an error in subsection 10 that the EOB inadvertently  
took out (“appointed jointly by the county executive and mayor of  
Bellingham”) and Councilmember Galloway put back in the yellow.  
Whatever final language they settle on, she requested they add that back in.  
The change was also approved by Debbie Arthur (EMS).  
Scanlon amended his motion to add a comma after "community  
representation” and then “appointed jointly by the county executive and  
mayor of Bellingham” so that subsection 10 would read:  
10. Two EMS/Fire personnel or community members who reflect  
diverse perspectives and community representation, appointed  
jointly by the county executive and mayor of Bellingham.  
Councilmembers and Sidhu discussed the motion, whether there has been an  
issue with subsection 9, and a preference to go with Rienstra’s suggestion  
to keep subsections 8 and 9 and use and revise the alternative subsection 10  
to have two members.  
The motion to amend carried by the following vote:  
Aye: 5 - Scanlon, Stremler, Boyle, Buchanan, and Elenbaas  
Nay: 1 - Rienstra  
Out of the Meeting: 1 - Galloway  
The motion to recommend the revised substitute as amended carried by the  
following vote:  
Aye: 5 - Elenbaas, Scanlon, Stremler, Boyle, and Buchanan  
Nay: 1 - Rienstra  
Out of the Meeting: 1 - Galloway  
This agenda item was DISCUSSED AND MOTION(S) APPROVED.  
MOTION 1  
Motion approved to recommend the Revised Substitute Ordinance as amended.  
MOTION 2  
Motion approved to strike the language beginning with "alternative" (under section A, number 10 of Exhibit A) and  
retain the language as presented for nine and ten with an amendment to the original number 10 so that Section A,  
subsections 9 and 10 would read:  
9. A community member at large, appointed jointly by the county executive and mayor of Bellingham; and  
10. Two EMS/Fire personnel or community members who reflect diverse perspectives and community  
representation, appointed jointly by the county executive and mayor of Bellingham  
Items Added by Revision  
1.  
Discussion on Justice Project priorities, validation process, financial framework,  
behavioral health analysis, jail population forecast analysis and draft Council resolution  
Buchanan stated he is writing a resolution that will consider the budget cap,  
all of the analysis that they are going to discuss today, and input from the  
Incarceration Prevention and Reduction Task Force (IPRTF) from their  
meeting on Monday, April 20.  
Several people spoke in turn about the different sub-topics of the  
presentation (on file).  
Justice Project Values and Priorities Guiding the Capital Projects  
Kayla Schott-Bresler, Executive's Office, stated project commitments  
include building the Behavioral Care Center at the same time as the new jail,  
ensuring the new jail provides improved access to an array of services, and  
working to analyze and plan for the operational costs. She spoke about  
project values, and wins and accomplishments from 2026 on the  
non-carceral side.  
Validation Process  
Adam Johnson, STV, spoke about the facilities scenario development  
timeline, that it is behind, and that they are proposing a different path  
forward to get the project where it needs to be, which starts with  
establishing a clear budget cap. He spoke about how they have been getting  
input to inform the project, and the proposed timeline moving forward.  
Johnson discussed this portion of the presentation with the  
councilmembers and the additional people also answered questions:  
·
·
Kayla Schott-Bresler  
Ashley McClaran, STV  
They discussed Buchanan’s upcoming resolution setting a budget cap and  
when they would vote on that, at what point they could come back to that  
budget decision to see if they want to raise or lower the cap, that one of the  
purposes of the jail population analysis is to help them right-size the  
facility for what is needed for our community and that the designers  
recommend building and programming in such a way to maximize  
flexibility, when the cities would consider the interlocal agreement and  
possibly extending their contributions to 2035, that those discussions are  
happening now but will start in earnest once the Council sets a budget cap,  
getting more information on how a stated number of beds will put the  
county in a position to not have booking restrictions for the long term, and  
the necessity of the programs referenced in Ordinance 2023-039 (section  
5(1)(D)) to move forward with reduced crime rates while also providing an  
updated and safe facility.  
Financial Framework and Finance and Facility Advisory Board (FFAB)  
Recommendation  
Jed Holmes, Executive's Office, stated when initial scenarios showed that  
the vision of the Implementation Plan did not look like it was going to fit  
within the amount of money this sales tax is generating, the Administration  
was asked to provide an analysis for a potential budget cap. He then spoke  
about the ensuing discussions and recommendations of the FFAB regarding  
what the county can afford. They recommended a budget cap of $225  
million for construction, with $205 million of that for the jail and $20  
million for the behavioral care center, and the Administration is waiting for  
Council direction so they can enter the next phase of negotiations with the  
cities.  
He and councilmembers discussed that a lot of things have changed since  
the 2023 ordinance (2023-039) and the interlocals with the cities, so they  
are thinking about doing an entirely new interlocal, how they can get as  
close as possible to the original commitment (which may mean a lower  
budget cap than what the FFAB recommended), a desire to get to the 50/50  
(after the first four to six years) use of the tax revenue for projects as  
prioritized in the Justice Project Implementation Plan sooner, and the idea  
of focusing more on the outcome that they want instead of just a black and  
white percentage of the revenue.  
Behavioral Health Analysis  
Erin Persky, Erin Persky and Associates, spoke about the behavioral health  
analysis which her team conducted for Whatcom County, and their service  
model recommendations for a proposed behavioral care center.  
Persky, Johnson, Schott-Bresler, and councilmembers discussed the  
opinion that the cost per bed per day is high, that the 22 spaces for a crisis  
relief center (CRC) are in addition to the recommended 32-bed  
co-occurring disorders (COD) facility and that it is best to consider them as  
two separate facilities with different missions, that they will be looking at  
whether there is potential of adding 16 beds to the COD by 2045, how a  
sobering component might be used, what the back-up plan is if they do not  
get the State and Federal funding that they need, and whether these facilities  
could function at full capacity if there was no force of law compelling  
people to go there.  
Updated Jail Capacity Analysis  
Patrick Jablonski, statistician, spoke about the jail forecast analysis  
pertaining to the jail’s population, understanding the jail’s population  
dynamics as well as the impact of the average length of stay, and developing  
a sophisticated statistical forecast of the future population.  
He and the other speakers discussed with councilmembers having the ability  
for the councilmembers to use the back end of the modeling system to see  
what would happen with significant changes and other factors (such as  
changes to bail considered by the Supreme Court, policy changes, or dollar  
investments), if the average daily population forecast assumes that the  
people currently on electronic home detention are going into the jail going  
forward, seeing forecasts that factor in the deflection and diversion  
programs the county is investing in and the impact that those will have on  
the jail population, that each jail stay was treated in the analysis as a distinct  
jail stay regardless of whether it was the same person coming back two or  
more times during the year, and that just lowering the length of stay may not  
be the answer since it can have severe impacts on public safety and the  
judicial system.  
This agenda item was PRESENTED AND DISCUSSED.  
Other Business  
Adjournment  
There was no other business.  
The meeting adjourned at 12:02 p.m.  
ATTEST:  
WHATCOM COUNTY COUNCIL  
WHATCOM COUNTY, WA  
______________________________  
Cathy Halka, Council Clerk  
___________________________  
Barry Buchanan, Committee Chair  
Meeting Minutes prepared by Kristi Felbinger