HomeMy WebLinkAboutCouncil Sep 23 2025Whatcom County
Council
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360)778-5010
f /
Minutes - Final
Tuesday, September 23, 2025
6PM
Hybrid Meeting - Council Chambers
HYBRID MEETING (PARTICIPATE IN -PERSON, SEE REMOTE JOIN
INSTRUCTIONS AT www.whatcomcounty.us/joinvirtualcouncil, OR CALL
360.778.5010)
COUNCILMEMBERS
Barry Buchanan
Tyler Byrd
Todd Donovan
Ben Elenbaas
Kaylee Galloway
Jon Scanlon
Mark Stremler
CLERK OF THE COUNCIL
Cathy Halka, AICP, CMC
Council Minutes - Final September 23, 2025
COUNTY COUNCIL
CALL TO ORDER
Council Chair Kaylee Galloway called the meeting to order at 6:02 p.m. in a
hybrid meeting.
ROLL CALL
Present: 7 - Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Kaylee Galloway,
Jon Scanlon, and Mark Stremler
FLAG SALUTE
ANNOUNCEMENTS
COUNTY EXECUTIVE'S REPORT
There was no report.
MINUTES CONSENT
Byrd moved to accept the minutes consent items. The motion was seconded
by Buchanan (see votes on individual items below).
1. MIN2025-054 Special Council for August 26, 2025
Byrd moved and Buchanan seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 6 - Buchanan, Byrd, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Temp Absent: 1 - Donovan
2. MIN2025-055 Committee of the Whole Executive Session for September 9, 2025
Byrd moved and Buchanan seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 6 - Buchanan, Byrd, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Temp Absent: 1 - Donovan
3. MIN2025-056 Committee of the Whole September 9, 2025
Byrd moved and Buchanan seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 6 - Buchanan, Byrd, Elenbaas, Galloway, Scanlon, and Stremler
Whatcom County Page I Printed on 101912025
Council Minutes - Final September 23, 2025
Nay: 0
Temp Absent: 1 - Donovan
4. MIN2025-057 Regular County Council for September 9, 2025
Byrd moved and Buchanan seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 6 - Buchanan, Byrd, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Temp Absent: 1 - Donovan
OPEN SESSION
The following people spoke:
• Cynthia Sue Ripke-Kutsagoitz
• Adam Bellingar
• John Westerfield
• Kyle Christensen
• Chris Heimgartner
• Matt Berry
• Dave Wilbrecht
• Lisa Guthrie
Christopher Quinn, Prosecuting Attorney's Office, answered whether
members of the public are able to discuss the Blaine UGA in a context that
is not campaigning in nature, given that the matter is on the ballot but has
also been before the Council in the context of the Comprehensive Plan and
deliberations around UGAs. He stated that is correct.
Open Session continued and the following people spoke:
• Sharman Burnam
• Hank Maleng
• RobRoy Graham
• Todd Lagestee
• Joel Vanderlioek
• Jessica Silver
• Lyle Sorenson
• Natalie Chavez
Whatcom County page 2 Printed on 1"12025
Council Minutes - Final September 23, 2025
Hearing no one else, Galloway closed the Open Session.
CONSENT AGENDA
(From Council Finance and Administrative Services Committee)
Donovan reported for the Finance and Administrative Services Committee
and moved to approve Consent Agenda items one through eleven.
Elenbaas stated he would like to consider Consent Agenda item #5
(AB2025-650) separately.
Donovan amended his motion and moved to approve Consent Agenda
items one through four and six through eleven.
Councilmembers voted on those items (see votes on individual items
below).
1. AB2025-595 Request authorization for the County Executive to enter into a contract between
Whatcom County and the City of Bellingham for the purpose of providing
pass -through funding from the Washington State Military Department to the
What -Comm 911 Communications Center, in the amount of $74,045
Donovan reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
2. AB2025-647 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Washington State Department of Ecology to collect
and properly manage household hazardous waste at the Disposal of Toxics Facility, in
the amount of $542,845
Donovan reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
3. AB2025-648 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Washington State Department of Ecology to enforce
solid waste codes and monitor solid waste handling facilities for compliance, in the
amount of $237,068
Whatcom County Page 3 Printed on 101912025
Council Minutes - Final September 23, 2025
Donovan reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
4. AB2025-649 Request authorization for the County Executive to enter into a grant agreement
between Whatcom County and the Washington State Department of Commerce for
climate planning, in the amount of $283,000
Donovan reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
5. AB2025-650 Request authorization for the County Executive to enter into a grant agreement
between Whatcom County and the Puget Sound Partnership for coordination of the
Whatcom Local Integrating Organization, in the amount of $443,750 (Council acting
as the Whatcom County Flood Control Zone District Board of Supervisors)
This item was considered separately below.
6. AB2025-651 Request authorization for the County Executive to enter into a joint funding agreement
between Whatcom County and the United States Department of Interior Geological
Survey for stream flow or water quality data collection at ten Nooksack watershed
stream gages, in the amount of $127,940 (Council acting as the Whatcom County
Flood Control Zone District Board of Supervisors)
Donovan 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:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
7. AB2025-652 Request authorization for the County Executive to enter into a contract between
Whatcom County and the Washington State Department of Ecology to perform
vegetation maintenance at various riparian and wetland mitigation sites, in the amount
of $109,340
Donovan reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
"akom County page 4 Printed on 101912025
Council Minutes - Final September 23, 2025
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
8. AB2025-653 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and United States Geological Survey (USGS) for the
ongoing operation and maintenance of the County's 11 stream gages within the
Nooksack River early warning system, Jones Creek, and the Sumas River, in the
amount of $176,455 (Council acting as the Whatcom County Flood Control Zone
District Board of Supervisors)
Donovan 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:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
9. AB2025-655 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Administrative Office of the Courts to support the
Interpreter Reimbursement Program, in the amount of $102,171
Donovan reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
10. AB2025-658 Request authorization for the County Executive to enter into a contract between
Whatcom County and Summit Food Service to provide commissary services in the
Whatcom County Jail and Work Center, in the amount of $0
Donovan reported for the Finance and Administrative Services Committee
and moved that the Contract be AUTHORIZED BY CONSENT. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
II. AB2025-662 Request authorization for the County Executive to enter into a contract between
Whatcom County and Harris Engineers for the purpose of Clean Building
Performance Assurance Services for Whatcom County Facilities, in the amount of
$449,882.29
Donovan reported for the Finance and Administrative Services Committee
and moved that the Contract be AUTHORIZED BY CONSENT. The motion
Whatcom County Page 5 Primed on 101912025
Council Minutes - Final September 23, 2025
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
CONSENT AGENDA CONSIDERED SEPARATELY
5. AB2025-650 Request authorization for the County Executive to enter into a grant agreement
between Whatcom County and the Puget Sound Partnership for coordination of the
Whatcom Local Integrating Organization, in the amount of $443,750 (Council acting
as the Whatcom County Flood Control Zone District Board of Supervisors)
Donovan reported for the Finance and Administrative Services Committee
and moved that the Contract (FCZDBS) be AUTHORIZED.
Elenbaas stated he does not like these regional groups because they suck up
money and take control from local hands.
Donovan's motion that the Contract (FCZDBS) be AUTHORIZED carried by
the following vote:
Aye: 5 - Buchanan, Byrd, Donovan, Galloway, and Scanlon
Nay: 2 - Elenbaas, and Stremler
OTHER ITEMS
(From Council Finance and Administrative Services Committee)
1. AB2025-608 Resolution amending the 2025 Flood Control Zone District and Subzones Budget,
Request no. 3, in the amount of $105,000 (Council acting as the Whatcom County
Flood Control Zone District Board of Supervisors)
Donovan reported for the Finance and Administrative Services Committee
and moved that the Resolution (FCZDBS) be APPROVED. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Enactment No: RES 2025-028
2. AB2025-614 Ordinance establishing a project -based budget for the Jail Reentry Improvements
project
Donovan reported for the Finance and Administrative Services Committee
and moved that the Ordinance be ADOPTED. The motion carried by the
following vote:
"alcom County Page 6 Printed on 101"025
Council Minutes - Final September 23, 2025
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Enactment No: ORD 2025-046
3. AB2025-628 Ordinance amending the 2025 Whatcom County Budget, request no. 10, in the
amount of $1,820,416
Donovan reported for the Finance and Administrative Services Committee
and moved that the Ordinance be ADOPTED.
Scanlon asked about how this three percent change in the year-to-date
projected ending fund balance changes the overall percent of projected fund
balance at the end of the year compared to the twenty percent target.
Aly Pennucci, Executive's Office, stated it would be about twenty one
percent so it is consistent with what they assumed when Council adopted
the budget. It is holding relatively steady.
Councilmembers and Penmucci discussed the request to fund child support
services cases due to taking on Skagit and San Juan cases (using grant
funds), whether Council received a presentation on that, and the agenda
process they are following that allows them to discuss and pull an item out
of the ordinance before it is introduced.
Donovan's motion that the Ordinance be ADOPTED carried by the following
vote:
Aye: 5 - Buchanan, Byrd, Donovan, Galloway, and Scanlon
Nay: 2 - Elenbaas, and Stremler
Enactment No: ORD 2025-047
(From Council Public Works and Health Committee)
4. AB2025-640 Resolution relating to the 2025 Whatcom County Coordinated Water System Plan
Update
Scanlon reported for the Public Works and Health Committee and stated
they made amendments in committee and then received amendments in
between that time and this meeting. The motion in committee was to
recommend the "Substitute Resolution (Galloway)" version, and now there
is a revised substitute resolution.
The following people discussed the resolution with Councilmembers:
Whatcom County Page 7 Printed on 101912025
Council
Minutes - Final September 23, 2025
• Kayla Schott-Bresler, Executive's Office
• Sue Sullivan, Health and Community Services
• Andy Dunn, RH2 Engineering
• Michele Campbell, RH2 Engineering
• Christopher Quinn, Prosecuting Attorney's Office
• Chris Heimgartner, Public Utility District (PUD)
Councilmembers and the speakers discussed whether this item should be
held in order to evaluate public comment received tonight, that the revised
substitute incorporates changes made by the Prosecuting Attorney's Office,
that this was an abbreviated update and the timing of it is very intentional to
precede and inform the Comprehensive Plan update, and that the PUD was
not included in the Coordinated Water System Plan update because they do
not currently have a Group A community pubic water system.
Scanlon reported for the Public Works and Health Committee and moved
to approve the Galloway version of the substitute resolution.
Campbell, answered whether the record shows that they are adopting State
standards as it relates to roads and driveways if they adopt the plan, and she
spoke about how it does.
Sullivan suggested additional language for the Council to consider as
follows:
Whereas, Whatcom County expressly recognizes that municipal
water purveyors who hold municipal water rights beyond those
identified in the CWSP may be available to serve potable water in the
future in Whatcom County;
Christopher Quinn, Prosecuting Attorney's Office, stated he signed off on
that language.
Byrd moved to amend the substitute resolution to include the suggested
language:
Whereas, Whatcom County expressly recognizes that municipal
water purveyors who hold municipal water rights beyond those
identified in the CWSP may be available to serve potable water in the
future in Whatcom County;
The motion was seconded by Elenbaas.
Whatcom County Page 8 Primed on /01912025
Council Minutes - Final September 23, 2025
Cathy Halka, Clerk of the Council, asked where in the document the
language should be place and Byrd stated it could be the last whereas
statement.
Heimgartner answered whether this amendment is responsive to the PUD's
concerns and stated this would satisfy their immediate concerns. He
requested that the next time they do an update, they look more universally at
the sources of water.
Councilmembers discussed the motion to amend and what it is trying to fix.
The motion carried by the following vote:
Aye: 6 - Stremler, Buchanan, Byrd, Elenbaas, Galloway, and Scanlon
Nay: 0
Abstain: 1 - Donovan
Galloway spoke about another proposed amendment (at the advice of their
attorney) to condition 2 under NOW, THEREFORE, BE IT RESOLVED.
She stated it would strike the existing language in the substitute resolution
and replace it with the following:
2) The existence of a water service area designation in the
Coordinated Water System Plan shall not be interpreted as support
for, or justification of, Urban Growth Area expansion. Such
designations may be considered in a comprehensive planning context
but only in conjunction with other mandatory Growth Management
Act criteria, including population forecasts, land capacity,
environmental constraints, and capital facility planning.
Councilmembers discussed the suggested amendment, and why the original
language for that condition (in the proposed resolution) was a problem.
Galloway moved to amend condition 2 under NOW, THEREFORE, BE IT
RESOLVED so that it reads:
2) The existence of a water service area designation in the
Coordinated Water System Plan shall not be interpreted as support
for, or justification of, Urban Growth Area expansion. Such
designations may be considered in a comprehensive planning context
but only in conjunction with other mandatory Growth Management
Act criteria, including population forecasts, land capacity,
environmental constraints, and capital facility planning.
whalcom County page 9 Primed on 101"025
Council Minutes - Final September 23, 2025
The motion was seconded by Byrd.
The motion carried by the following vote:
Aye: 6 - Buchanan, Byrd, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Abstain: 1 - Donovan
Scanlon's motion that the SUBSTITUTE Resolution be APPROVED AS
AMENDED carried by the following vote:
Aye: 6 - Buchanan, Byrd, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Abstain: 1 - Donovan
Enactment No: RES 2025-029
Motion approved 6-0, with Donovan abstaining, to amend the substitute to add a final whereas statement as follows:
Whereas, Whatcom County expressly recognizes that municipal water purveyors who hold municipal water rights
beyond those identified in the CWSP may be available to serve potable water in the future in Whatcom County;
Motion approved 6-0, with Donovan abstaining, to amend condition 2 under NOW, THEREFORE, BE IT
RESOLVED so that it reads:
2) The existence of a water service area designation in the Coordinated Water System Plan shall not be interpreted as
support for, or justification of, Urban Growth Area expansion. Such designations may be considered in a
comprehensive planning context but only in conjunction with other mandatory Growth Management Act criteria,
including population forecasts, land capacity, environmental constraints, Page 3 and capital facility planning.
(From Council Planning and Development Committee)
5. AB2025-579 Resolution approving a revision to the corporate boundaries of the City of Lynden to
include a portion of Flynn Road right-of-way
Elenbaas reported for the Planning and Development Committee and moved
that the Resolution be APPROVED. The motion carried by the following
vote:
Aye: 6 - Buchanan, Byrd, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Temp Absent: 1 - Donovan
Enactment No: RES 2025-030
(No Committee Assignment)
6. AB2025-585 Approval of special standing meeting dates for 2026
Buchanan moved and Byrd seconded that the Special Council Only Item be
Whatcom County Page 10 Printed on 101917025
Council Minutes - Final September 23, 2025
APPROVED BY THE COUNCILMEMBERS.
Galloway asked if there was interest in scheduling the listed Special
Committee of the Whole meetings from 1 p.m. to 4 p.m. as opposed to 9
a.m. to 10 a.m. and councilmembers discussed the suggestion with the
following people:
• Cathy Halka, Clerk of the Council
• Aly Pennucci, Executive's Office
• Satpal Sidhu, County Executive
They discussed the need for more time to meet, whether the Health Board
time should also be later in the day, and that it would be better to create a
set schedule (as opposed to one that is flexible) in order to set a clear
expectation for the public.
Donovan moved to amend to meet every Tuesday next year.
The motion was seconded by Byrd.
Donovan withdrew his motion, but Byrd did not withdraw his second.
Councilmembers and the speakers discussed the times suggested, the
motion to amend to meet every Tuesday, that the discussion about meeting
every Tuesday maybe needs to happen with next year's Council, that it needs
to be done with consideration to impacts to staff, and that they should go
back to previous recommendations about Council meeting schedules and
revisit those.
Donovan's motion failed by the following vote:
Aye: 1 - Byrd
Nay: 5 - Elenbaas, Galloway, Scanlon, Stremler, and Buchanan
Abstain: 1 - Donovan
Galloway moved to amend to have the Special Committee of the Whole
meetings from 1 p.m. to 4:30 p.m.
The motion was seconded by Scanlon.
Councilmembers discussed the motion.
The motion to amend motion carried by the following vote:
Aye: 6 - Galloway, Scanlon, Stremler, Buchanan, Donovan, and Elenbaas
Whatcom County page I Printed on 101912025
Council Minutes - Final September 23, 2025
Nay: 0
Abstain: 1 - Byrd
Buchanan's motion that the Special Council Only Item be APPROVED BY
THE COUNCILMEMBERS AS AMENDED carried by the following vote:
Aye: 6 - Buchanan, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Abstain: I - Byrd
Motion approved 6-0, with Byrd abstaining, to amend to have the Special Committee of the Whole meetings from 1
p.m. to 4:30 p.m.
CONFIRMATION OF EXECUTIVE APPOINTMENTS TO ADVISORY GROUPS
1. AB2025-659 Request confirmation of the County Executive's appointment of Andrew Davis to the
Whatcom County Bicycle and Pedestrian Advisory Committee (BPAC)
Byrd moved and Buchanan seconded that the Executive Appointment be
CONFIRMED. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
ITEMS ADDED BY REVISION
There were no agenda items added by revision.
INTRODUCTION ITEMS
Buchanan moved to introduce items one through three. The motion was
seconded by Donovan.
Councilmembers discussed that for AB2025-575, they would be introducing
the revised substitute.
Cathy Halka, Clerk of the Council, asked that they confirm that for
AB2025-575, it would be the ordinance as it was revised in committee today.
Councilmembers voted on the Introduction items (see votes on individual
items below).
1. AB2025-575 Ordinance amending Whatcom County Code Chapter 3.05, Tort and Damage
Claims, to create a risk management committee and clarify the processing of tort
claims
Buchanan moved and Donovan seconded that the REVISED SUBSTITUTE
Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC
Whatcom County Page 12 Printed on 101912025
Council Minutes - Final September 23, 2025
HEARING. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
The Revised Substitute ("Substitute Ordinance revised in committee 9.23.2025") was introduced 7-0
2. AB2025-639 Receipt of final report of the independent study of the countywide fire and Emergency
Medical Services (EMS) system from Mission Critical Partners
Buchanan moved and Donovan seconded that the Document(s) be
RECEIVED. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
3. AB2025-664 Receipt of Harassment and Complaint Policies and Procedures Evaluation Final
Report
Buchanan moved and Donovan seconded that the Document(s) be
RECEIVED. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES
Councilmembers gave committee reports.
Scanlon reported for the Public Works and Health Committee and asked if
there was a way to get the Public Works quarterly update on the record (it
was emailed to councilmembers as opposed to being scheduled on the
agenda).
The following people discussed the question with Councilmembers and
concurred that staff could create a "Receipt of Document" file in the agenda
management system, to be received by the Councilmembers at the next
meeting:
• Aly Pennucci, Executive's Office
• Cathy Halka, Clerk of the Council
Councilmembers continued committee reports.
Whatcom County Page 13 Printed on 101912025
Council Minutes - Final September 23, 2025
From Committee of the Whole (AB2025-654)
Donovan moved that Council request the executive to reverse the MDNS
designation on these projects (Petrogas West, LLC) that were unpermitted
and conduct the full SEPA and EIS.
The motion was seconded by Scanlon.
The following people discussed the motion with the councilmembers;
• Aly Pennucci, Executive's Office
• Christopher Quinn, Prosecuting Attorney's Office
Pennucci stated, in general, the code designates the planning director as the
SEPA-designated official and she does not believe the executive has
authority to direct that decision -making.
Councilmembers discussed the motion and Pennucci stated she does not
think they could respond to that motion.
Christopher Quinn, Prosecuting Attorney's Office, answered whether the
executive can direct the planning director on this matter. He stated there is
still a process for reviewing the lead agency's (and specifically Personius')
decision -making and it sounds like there are going to be a number of
appeals by community members, so he encourages Council to allow that to
play out. He spoke about scenarios for recourse and stated as far as the
request, he would advise Councilmember Donovan that he cannot tell the
executive what to do. He can ask the Administration to do something, but
they are going to be advised by their attorney as to what authority they have
over the SEPA official. There is still a procedure that needs to be followed
as far as appeals.
Pennucci answered what the steps are in this process as they are currently
running and whether these permits come in front of Council in the process
that has been laid out by the SEPA official. She stated she would have to
follow up. They discussed coming back in October for follow-up on this
topic.
Donovan stated the longer -term issue is the Council needing to have the
capacity to look at the code to figure out if they got language wrong as it
relates to throughput or capacity and not having a change of use permit
requirement, and he spoke about the intent of what the Council was trying to
do when it last amended this code.
Whatcom County page 14 Printed on 10/9/2025
Council Minutes - Final September 23, 2025
Councilmembers continued to discuss the motion, whether they should have
a future work session on this topic, letting the current process finish, and
exploring the question of whether they are looking at a potential failure of
policy or not.
Donovan's motion failed by the following vote:
Aye: 1 - Donovan
Nay: 4 - Byrd, Elenbaas, Stremler, and Scanlon
Abstain: 2 - Buchanan and Galloway
Elenbaas moved that Byrd is the only one that gives a councilmember
update tonight and the rest of them wait for two weeks.
The motion was seconded by Donovan.
The motion carried by the following vote:
Aye: 5 - Donovan, Elenbaas, Galloway, Stremler, and Buchanan
Nay: 1 - Scanlon
Abstain: 1- Byrd
Byrd gave his update.
Motion approved 5-1-1, with Scanlon opposed and Byrd abstaining, that Tyler Byrd is the only one that gives a
councilmember update tonight and the rest of them wait for two weeks.
ADJOURN
The meeting adjourned at 8:31 p.m.
The County Council approved these minutes on October 7, 2025.
ATTES,T�\'%�"tj
S� `( C 0
• •i�ar� ewf..
• �% O • r
�, O� COUNTY
a
Cathy HaJ �;oareeilrc
A N� �•
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WA
AAf4q� -
Kaylee Galloway, Co cil Chair
Meeting Minutes prepared by Kristi Felbinger
Wharcom County Page 15 Printed on 101912025