HomeMy WebLinkAboutCouncil Dec 9 2025Whatcom County
Council
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Minutes - Final
Tuesday, December 9, 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); AGENDA REVISED 12.8.2025; AGENDA REVISED 12.9.2025
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 December 9, 2025
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
Present: 7 - Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Kaylee Galloway,
Jon Scanlon, and Mark Stremler
FLAG SALUTE
ANNOUNCEMENTS
Galloway stated it is the last Council meeting for Councilmembers
Donovan and Byrd and she presented them with a certificate.
COUNTY EXECUTIVE'S REPORT
Aly Pennucci, Executive's Office, stated the executive issued a
proclamation of emergency earlier today after the Whatcom County
Sheriffs Office Division of Emergency Management reported that severe
winter storms, high winds, flooding, mudslides, and landslide risks
continue. Conditions exist across the county. The current weather event last
night had higher impacts for our area than we initially predicted, and from
that we are seeing an increased forecast for increasing rainfall for the next
couple of days, as well as river rise. She described what the proclamation of
emergency authorizes County departments to do.
Galloway thanked her for her service since this is also her last Council
meeting.
MINUTES CONSENT
Buchanan moved to accept the minutes consent items. The motion was
seconded by Scanlon (see votes on individual items below).
1. MIN2025-074 Committee of the Whole for November 5, 2025
Buchanan moved and Scanlon seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
2. MIN2025-075 Regular County Council for November 5, 2025
Buchanan moved and Scanlon seconded that the Minutes Consent be
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Council Minutes - Final December 9, 2025
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
3. MIN2025-076 Committee of the Whole Executive Session for November 18, 2025
Buchanan moved and Scanlon seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
4. MIN2025-077 Committee of the Whole for November 18, 2025
Buchanan moved and Scanlon seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
5. MIN2025-078 Regular County Council for November 18, 2025
Buchanan moved and Scanlon seconded that the Minutes Consent be
APPROVED BY CONSENT. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
PUBLIC HEARINGS
1. AB2025-812 Ordinance adopting amendments to Whatcom County Code Title 20 (Zoning) to
comply with preemptive state regulations for accessory dwelling units and co -living
standards
Galloway stated they would have a combined public hearing for this and
AB2025-838 since they are just two different versions of the ordinance.
Galloway opened the Public Hearing and hearing no one, closed the Public
Hearing.
Councilmembers considered each agenda bill separately, starting with
AB2025-812.
Donovan moved and Buchanan seconded that the Ordinance Requiring a
Public Hearing be ADOPTED.
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Council Minutes - Final December 9, 2025
Councilmembers discussed the item with the following people:
• Maddie Schacht, Planning and Development Services Department
• Mark Personius, Planning and Development Services Department
Director
They discussed the motion, that requiring accessory dwelling units (ADUs)
to be hooked to city services might functionally disallow them because
cities do not service their urban growth areas (UGAs) until they are fully
developed, that ADUs are an extremely popular topic right now that people
are very interested in and that Planning processes a lot of ADU permits, that
one of the things they have talked about is changing the zoning to nothing
lower than R10 or R20 for areas that are potentially going to be UGAs that
get developed out at too low of densities to be attractive for annexation, that
county UGAs (Birch Bay and Columbia Valley) are served by sewer and so
would allow a second ADU, the intention to not permit ADUs for which
there is not capacity on the existing septic, and that expanding septic makes
a property owner subject to setbacks and required reserve area so they
would be using a lot of land which they would not need to when they were
annexed in the future.
Donovan's motion that the Ordinance Requiring a Public Hearing be FAILED
failed by the following vote:
Aye: 2 - Buchanan, and Donovan
Nay: 5 - Byrd, Elenbaas, Galloway, Scanlon, and Stremler
2. AB2025-838 Ordinance adopting amendments to Whatcom County Code Title 20 (Zoning) to
comply with preemptive state regulations for accessory dwelling units and co -living
standards
Elenbaas moved and Byrd seconded that the Ordinance Requiring a Public
Hearing be ADOPTED. The motion carried by the following vote:
Aye: 5 - Byrd, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 2 - Buchanan, and Donovan
OPEN SESSION
Enactment No: ORD 2025-060
The following people spoke:
• Garrett Jeffery
• John Westerfield
• Austin Papritz
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• Ethan Martez
• Wil Zuber
• Corby Brantner
• Daniel Harm
• Miriam Karamoko
• Gabe Graves
• Markis Dee
• Amber Oldham
• David Foreman
• Todd Lagestee
• Hannah Ordos
• Lyle Sorenson
• Lance Calloway
• Natalie Chavez
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 40.
Cathy Halka, Clerk of the Council, requested that Consent Agenda item
number 21 (AB2025-854), which had a motion in committee to hold, be
considered separately, and she stated that item number 20 (AB2025-853)
was a substitute.
Stremler requested that item numbers 6 and 31 be considered separately.
Elenbaas requested that item number 15 also be considered separately.
Scanlon asked whether item numbers 34-38 (regarding Operation
Stonegarden) could be held so he could get answers about alignment with
the Keep Washington Working Act and whether the Federal grant has a
provision that says they cannot change anything.
The following people answered about the Stonegarden items but further
information was needed, so Scanlon requested to consider them separately:
• Kimberly Thulin, Prosecuting Attorney's Office
• Aly Pennucci, Executive's Office
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Scanlon asked about Consent Agenda item number 1 and what they know
about data sharing and what data privacy looks like with our contract around
body -worn cameras.
Pennucci, Thulin, and the councilmembers discussed the question and the
language on PDF page 22 of the contract on that subject.
Galloway spoke about items 34-39 and whether they could add language to
the statement of work that says participating agencies shall uphold the Keep
Washington Working Act and not enforce Title 8 U.S. immigration law.
Byrd responded to Galloway's suggestion.
Galloway stated the motion for consent is now on item numbers 1-5, 7-14,
16-20, 22-30, 32, 33, and 40.
They will consider Consent Agenda item numbers 6, 15, 21, 31, and 34-39
separately after this vote.
Councilmembers voted on the consent items (see votes on individual items
below).
1. AB2025-815 Request authorization for the County Executive to enter into a contract between
Whatcom County and Axon Enterprise, Inc. for a five-year subscription of Axon
Justice Premier for 41 users for storage and sharing of law enforcement body worn
camera and other media evidence using Axon's cloud -based service, in the amount of
$302,588
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
2. AB2025-824 Request authorization for the County Executive to enter into an amended agreement
between Whatcom County and Shawna Bosman, ARNP for juvenile detention nurse
practitioner services, in the amount of $105,519
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
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Nay: 0
3. AB2025-828 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Whatcom Dispute Resolution Center to provide
eviction prevention resolution services, in the amount of $72,760, for a total amended
contract amount of $282,519
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
4. AB2025-829 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Ferndale Community Services to increase housing
stability for families with young children in the amount of $481,996, for a total
amended contract amount of $858,412
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
5. AB2025-831 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Lydia Place to increase housing stability for families
with young children in the amount of $955,060 for a total amended contract amount
of $2,110,584
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
6. AB2025-832 Request authorization for the County Executive to enter into a contract between
Whatcom County and Opportunity Council to provide on -site supportive services to
residents of the permanent supportive housing facility known as 22 North, in the
amount of $648,568
THIS ITEM WAS CONSIDERED SEPARATELY BELOW
7. AB2025-833 Request authorization for the County Executive to enter into a contract between
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Whatcom County and Sean Humphrey House to provide partial funding for the
operating expenses of two adult family homes which are providing care solely for
individuals living with HIV/AIDS and who are exiting housing instability, in the amount
of $59,000
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
8. AB2025-834 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Lydia Place to expand mental health and parent
support services to low-income families with children ages 0-5 in the amount of
$348,177, for a total amended contract amount of $822,963
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
9. AB2025-835 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Sustainable Connections to increase countywide solid
waste reduction rates in the amount of $136,875 for a total amended contract amount
of $322,292
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
10. AB2025-836 Request authorization for the County Executive to enter into a contract to bind
coverage with Midwest Employer Casualty in the amount of $120,069 for renewal of
insurance protection for the self -insured workers compensation program for calendar
year 2026
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
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Nay: 0
II. AB2025-839 Request authorization for the County Executive to enter into a contract between
Whatcom County and Crossroads Consulting for facilitation of the Justice Project
Oversight and Planning Committee, in the amount of $39,900
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
12. AB2025-844 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Whatcom Conservation District for education,
outreach, and technical assistance with Birch Bay Watershed and Aquatic Resources
Management (BBWARM) stormwater programs, in the amount of $119,000
(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 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
13. AB2025-845 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and Whatcom Conservation District for education,
outreach, and technical assistance with Lake Whatcom Stormwater Utility (LWSU)
stormwater programs, in the amount of $90,000
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
14. AB2025-846 Request authorization for the County Executive to enter into a subrecipient agreement
amendment between Whatcom County and the Whatcom Conservation District to
ensure ongoing technical support funded by the National Estuary Program for
Pollution Identification and Correction Program efforts, in the amount of $773,342 for
a total amended amount of $1,561,674 (Council acting as the Whatcom County
Flood Control Zone District Board of Supervisors)
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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
15. AB2025-847 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the Whatcom Conservation District for Pollution
Identification and Correction (PIC) Program technical assistance and cost share, in
the amount of $77,000 (Council acting as the Whatcom County Flood Control Zone
District Board of Supervisors)
THIS ITEM WAS CONSIDERED SEPARATELY BELOW
16. AB2025-848 Request authorization for the County Executive to enter into a contract between
Whatcom County and Associated Earth Sciences, Inc. to complete the final phase of
a four-year study of the timing and magnitude of groundwater pumping on streamflow
depletion at three study locations, in the amount of $147,532 (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
17. AB2025-849 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the City of Bellingham for partial funding of
emergency medical services on Galbraith Mountain and nearby areas in the amount of
$49,000 in 2025 and $49,191 in 2026
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
18. AB2025-850 Request authorization for the County Executive to enter into a contract between
Whatcom County and Associated Earth Sciences, Inc. to complete Phase 2 of an
investigation into the impacts of agricultural the drains on stream flows, in the amount
of $128,531 (Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors)
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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
19. AB2025-852 Request authorization for the County Executive to enter into a contract between
Whatcom County and the State of Washington Office of Public Defense to accept
RCW 10.101 grant funds for the purpose of improving public defense services in
Whatcom County in the amount of $436,108
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
20. AB2025-853 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Whatcom Fire District #7 to fund up to two lateral
paramedic positions, in the amount of $149,951 for a total amended contract amount
of $495,488
Donovan reported for the Finance and Administrative Services Committee
and moved that the SUBSTITUTE Contract be AUTHORIZED BY
CONSENT. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
21. AB2025-854 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and the City of Bellingham to eliminate funding for three
lateral paramedic positions, decreasing the contracted amount by $224,823 for a total
amended contract amount of $783,619
THIS ITEM WAS CONSIDERED SEPARATELY BELOW
22. AB2025-855 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Just Appraised Inc. to extend the terms of Contract
#202412018 for three years in the amount of $123,094 for a total amended contract
amount of $183,369
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:
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Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
23. AB2025-856 Request authorization for the County Executive to enter into a contract between
Whatcom County and Whatcom Dispute Resolution Center to provide mediation
services, in the amount of $120,000
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
24. AB2025-857 Request authorization for the County Executive to award Bid #25-82 and enter into a
contract between Whatcom County and CAMAO Construction, LLC for
replacement of the roof of the maintenance garage at Maple Falls Community Park, in
the amount of $99,443
Donovan reported for the Finance and Administrative Services Committee
and moved that the Bid Award be AUTHORIZED BY CONSENT. The
motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
25. AB2025-860 Request authorization for the County Executive to enter into a Collective Bargaining
Agreement between Whatcom County and the Washington State Nurses Association
for the period January 1, 2026 - December 31, 2028
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
26. AB2025-861 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the City of Bellingham for the County to provide
probation services to the City
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
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Nay: 0
27. AB2025-862 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the City of Blaine for the County to provide probation
services to the City
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
28. AB2025-864 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the City of Everson for the County to provide
probation services to the City
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
29. AB2025-865 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the City of Lynden for the County to provide
probation services to the City
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
30. AB2025-866 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the City of Sumas for the County to provide
probation services to the City
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
31. AB2025-868 Request authorization for the County Executive to enter into a contract between
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Whatcom County and the Whatcom Community Foundation for administrative
services for the Whatcom Racial Equity Commission in the amount of $150,000
THIS ITEM WAS CONSIDERED SEPARATELY BELOW
32. AB2025-869 Request authorization for the County Executive to enter into a Collective Bargaining
Agreement between Whatcom County and American Federation of State, County
and Municipal Employees (AFSCME) for the period of January 1, 2026 - December
31, 2027
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
33. AB2025-870 Request authorization for the County Executive to award Bid #25-80 and enter into a
contract between Whatcom County and Trico Office Interiors to supply and install a
modular office furniture system in the Assessor's Office in the amount of $114,725
Donovan reported for the Finance and Administrative Services Committee
and moved that the Bid Award be AUTHORIZED BY CONSENT. The
motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
ITEMS 34-39 WERE CONSIDERED BY CONSENT SEPARATELY BELOW UNDER AB2025-874
40. AB2025-880 Request authorization for the County Executive to enter into a contract amendment
between Whatcom County and Summit Law Group to provide legal services for
matters related to collective bargaining, in the amount not to exceed $164,076 in
2025 and not to exceed $89,076 in 2026
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
CONSENT AGENDA CONSIDERED SEPARATELY
6. AB2025-832 Request authorization for the County Executive to enter into a contract between
Whatcom County and Opportunity Council to provide on -site supportive services to
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residents of the permanent supportive housing facility known as 22 North, in the
amount of $648,568
Donovan reported for the Finance and Administrative Services Committee
and moved that the Contract be AUTHORIZED.
Councilmembers discussed the motion, that voting no might help to affect
change for 22 North, whether supportive housing is working, that packed
businesses near 22 North show that we can have a facility like this in an area
of downtown Bellingham and have thriving businesses nearby, that they are
planning in the Comprehensive Plan for more permanent supportive housing
in our community, making sure data and reporting coming in from County
contracts is publicly accessible, and helping the people in this housing to
really succeed.
Donovan's motion that the Contract be AUTHORIZED carried by the
following vote:
Aye: 5 - Buchanan, Byrd, Donovan, Galloway, and Scanlon
Nay: 2 - Elenbaas, and Stremler
15. AB2025-847 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the Whatcom Conservation District for Pollution
Identification and Correction (PIC) Program technical assistance and cost share, in
the amount of $77,000 (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 Contract (FCZDBS) be AUTHORIZED.
Elenbaas spoke about why he doesn't support this item. He spoke about how
the Pollution identification and Correction (PIC) program has a negative
connotation because it is asking landowners to fix something, while
property owners in the watershed are incentivized through the Homeowner
Incentive Program (HIP), even though the programs are shooting for the
same outcome. He stated he thinks if the PIC program were run the same as
the HIP, they would have a better outcome all the way around. He stated
they would also have better buy -in if the end users had a part of determining
the best management practices.
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
21. AB2025-854 Request authorization for the County Executive to enter into a contract amendment
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between Whatcom County and the City of Bellingham to eliminate funding for three
lateral paramedic positions, decreasing the contracted amount by $224,823 for a total
amended contract amount of $783,619
Donovan reported for the Finance and Administrative Services Committee
and moved that the Contract be HELD IN COMMITTEE. The motion
carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
31. AB2025-868 Request authorization for the County Executive to enter into a contract between
Whatcom County and the Whatcom Community Foundation for administrative
services for the Whatcom Racial Equity Commission in the amount of $150,000
Donovan reported for the Finance and Administrative Services Committee
and moved that the Contract be AUTHORIZED.
Galloway thanked the Whatcom Racial Equity Commission's executive
director for speaking in open session tonight, and stated the funding is a
little less than hoped for, but they will continue working with the
commission.
Donovan's motion that the Contract be AUTHORIZED carried by the
following vote:
Aye: 4 - Buchanan, Donovan, Galloway, and Scanlon
Nay: 3 - Byrd, Elenbaas, and Stremler
34. AB2025-874 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the City of Blaine for Operation Stonegarden FY24,
in the amount of $20,130
Donovan reported for the Finance and Administrative Services Committee
and councilmembers discussed items 34-39 together and whether they
should be held.
Donnell Tanksley, Sheriff, answered whether or not they would have the
grounds to add some language in these interlocals around upholding the
Keep Washington Working Act. He stated that three different times in each
contract itself, it says that each agency must adhere to not only Federal, but
all State and local policies. In Exhibit A it specifically says that the agencies
cannot engage in any immigration enforcement, Title 8. He answered if a
law enforcement agency would be in compliance with the Keep Washington
Working Act if it was not enforcing Title 8, and he read from the contract.
He stated he understands their concern but he does think it is very clear for
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every city that we do not enforce any type of immigration enforcement.
Donovan moved that they approve Consent Agenda items 34-39 by consent.
Councilmembers voted on those consent items (see votes on individual
items below).
Donovan reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED. The motion carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
35. AB2025-875 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the City of Everson for Operation Stonegarden
FY24, in the amount of $20,130
This item was discussed under AB2025-874
Donovan reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED. The motion carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
36. AB2025-876 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the City of Ferndale for Operation Stonegarden
FY24, in the amount of $20,790
This item was discussed under AB2025-874
Donovan reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED. The motion carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
37. AB2025-877 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the City of Lynden for Operation Stonegarden FY24,
in the amount of $20,130
This item was discussed under AB2025-874
Donovan reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED. The motion carried by the
following vote:
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Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
38. AB2025-878 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the City of Sumas for Operation Stonegarden FY24,
in the amount of $20,130
This item was discussed under AB2025-874
Donovan reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED. The motion carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
39. AB2025-879 Request authorization for the County Executive to enter into an interlocal agreement
between Whatcom County and the Washington Department of Fish and Wildlife for
Operation Stonegarden FY24, in the amount of $16,665
This item was discussed under AB2025-874
Donovan reported for the Finance and Administrative Services Committee
and moved that the Interlocal be AUTHORIZED. The motion carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
OTHER ITEMS
(From Council Finance and Administrative Services Committee)
1. AB2025-859 Resolution approving a salary schedule and policies for unrepresented Whatcom
County employees effective January 1, 2026 through December 31, 2027
Donovan reported for the Finance and Administrative Services Committee
and moved that the Resolution be APPROVED. The motion carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Enactment No: RES 2025-044
2. AB2025-794 Ordinance amending the 2026 Whatcom County Budget, request no. 2, in the amount
of $12,120,000
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Donovan reported for the Finance and Administrative Services Committee
and moved that the Ordinance be ADOPTED. The motion carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Enactment No: ORD 2025-061
3. AB2025-796 Ordinance establishing the Whatcom County Sheriff's Office Leasehold
Improvements Project Fund and establishing an initial budget for the Whatcom
County Sheriff's Office Leasehold Improvements Project Fund
Donovan reported for the Finance and Administrative Services Committee
and moved that the Ordinance be ADOPTED. The motion carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Enactment No: ORD 2025-062
4. AB2025-798 Ordinance establishing the Birch Bay Beach Park Project Fund and establishing an
initial budget for the Birch Bay Beach Park Project Fund
Donovan reported for the Finance and Administrative Services Committee
and moved that the Ordinance be ADOPTED. The motion carried by the
following vote:
Aye: 6 - Buchanan, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 1 - Byrd
Enactment No: ORD 2025-063
5. AB2025-816 Ordinance amending the 2025 Whatcom County Budget, request no. 12, in the
amount of $3,565,060
Donovan reported for the Finance and Administrative Services Committee
and moved that the Ordinance be ADOPTED. The motion carried by the
following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Enactment No: ORD 2025-064
(From Council Climate Action and Natural Resources Committee)
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6. AB2025-793 Resolution adopting the Lake Whatcom Invasive Freshwater Mussel Rapid and
Extended Response Plan
Galloway reported for the Climate Action and Natural Resources Committee
and moved that the Resolution be APPROVED. The motion carried by the
following vote:
Aye: 6 - Buchanan, Byrd, Donovan, Galloway, Scanlon, and Stremler
Nay: 1 - Elenbaas
Enactment No: RES 2025-045
7. AB2025-871 Resolution authorizing the Whatcom County Conservation Easement Program staff
and Whatcom County Executive to proceed with the acquisition of one agricultural
conservation easement
Galloway reported for the Climate Action and Natural Resources
Committee and moved that the Resolution be APPROVED.
Elenbaas stated conservation easements should be a tool in the toolbox if a
landowner wants to use it. He cautions, however, when they use this as a way
to preserve agriculture, that it is not about just preserving the land, but about
preserving the ability to farm the land.
Scanlon stated they heard from the property owner in committee who says
that this is going to help them to be able to continue to farm their land and
to pass things down to the next generation.
Elenbaas stated the fact that farmers like this family, who have done it well
for generations and generations, are having to look at ways to sell their
development rights in order to continue their farm illustrates the problem.
In any other business that is generational like this, that land would be paid
for over and over again. But the reality of agriculture is that people have to
borrow on their land in order to make it.
Councilmembers discussed Elenbaas' comments.
Galloway's motion that the Resolution be APPROVED carried by the
following vote:
Aye: 6 - Buchanan, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Temp Absent: 1 - Byrd
Enactment No: RES 2025-046
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(From Council Committee of the Whole)
December 9, 2025
S. AB2025-779 Ordinance amending Whatcom County Code 2.02, County Council, to change the
membership and quorum requirements of all standing council committees
Galloway reported for the Committee of the Whole and moved that the
Ordinance be ADOPTED. The motion carried by the following vote:
Aye: 4 - Buchanan, Donovan, Galloway, and Scanlon
Nay: 2 - Elenbaas, and Stremler
Temp Absent: 1 - Byrd
Enactment No: ORD 2025-065
Adopted as amended in Committee of the Whole
9. AB2025-813 Resolution amending Resolution 2025-027 to docket an additional Comprehensive
Plan and zoning amendment related to Whatcom County Code 20.51 to strengthen
protection of the Lake Whatcom Watershed
Galloway reported for the Committee of the Whole and moved that the
Resolution be APPROVED. The motion carried by the following vote:
Aye: 4 - Buchanan, Donovan, Galloway, and Scanlon
Nay: 2 - Elenbaas, and Stremler
Temp Absent: I - Byrd
Enactment No: RES 2025-047
10. AB2025-826 Resolution certifying Whatcom County's property tax levies for collection in 2026 to
the County Assessor
Cathy Halka, Clerk of the Council, stated this is a substitute.
Galloway reported for the Committee of the Whole and moved that the
SUBSTITUTE Resolution be APPROVED. The motion carried by the
following vote:
Aye: 5 - Buchanan, Donovan, Galloway, Scanlon, and Stremler
Nay: 1 - Elenbaas
Temp Absent: 1 - Byrd
Enactment No: RES 2025-048
COUNCIL APPOINTMENTS TO ADVISORY GROUPS
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1. AB2025-825 Appointment to a vacancy on the Justice Project Oversight and Planning Committee,
Youth position, Applicant(s): Parneet Kaur, Cori Reece
Galloway asked if either of the applicants wanted to speak but they were not
there.
Scanlon moved to nominate both applicants and vote for one.
The motion was seconded by Buchanan.
Byrd discussed the motion.
Core Reece was appointed with 6 votes as follows:
Galloway: Kaur
Scanlon: Reece
Stremler: Reece
Buchanan: Reece
Byrd: Reece
Donovan: Reece
Elenbaas: Reece
This agenda item was APPOINTED.
Appointed Cori Reece with 6 votes
ITEMS ADDED BY REVISION
1. AB2025-882 Request authorization for the County Executive to enter into agreement amendments
between Whatcom County and the homeowners participating in the Hazard Mitigation
Grant Program (HMGP) Elevation Grant program to account for rising construction
costs, in the amount of $449,544 (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. The motion was
seconded by Scanlon. The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
2. AB2025-883 Resolution amending Resolution 2025-041 to recertify amounts to be levied by
Whatcom County taxing districts to the County Assessor
Galloway stated on December 1st, Council approved the resolution that
certified the levied amounts for the taxing districts. However, there were
two taxing districts that did not submit their preferences by the deadline.
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The Council Office then subsequently received a request for a levy amount
from Cemetery District Seven and the Council has until December 15 to
certify levies by the State. Because the district did not get it in by the
deadline, the only limitation is that the County cannot assess more than
what was levied in the previous levy year. The request they received from
the cemetery district is less than that, so they do fall within that parameter.
The ramification of not approving this resolution would be that the district's
levied amount into next year would be zero.
Elenbaas spoke about a conversation he had with one of the District Seven
commissioners and he asked about outreach to the districts.
Kimberly Thulin, Prosecuting Attorney's Office, stated they are informed
and the statute requires that they provide a budget to the County in order to
determine the tax levy rate, so they are well aware of that.
Scanlon asked if the Council Office heard from the other district that did
not submit on time and they did not.
Scanlon moved and Galloway seconded that the Resolution be APPROVED.
The motion carried by the following vote:
Aye: 7 - Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Enactment No: RES 2025-049
INTRODUCTION ITEMS (CONSIDERED SEPARATELY)
Galloway stated that AB2025-810 is a substitute ordinance.
Donovan stated he would like to consider 810 separately so both were
considered separately since there were only two items.
1. AB2025-810 Ordinance adopting amendments to Whatcom County Code Title 20, Zoning and
Title 22, Land Use and Development
Byrd moved and Scanlon seconded that the SUBSTITUTE Ordinance
Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING.
Stremler stated if anyone is interested in why the cost of building and
construction continues to go up, they should listen to the discussion from
Planning and Development Committee today. He stated he proposed an
amendment but it will be pushed out to next year, and that it is an example
of how the County can become more restrictive and drive up the cost of
housing.
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Donovan stated he would support the original version but not this one.
Byrd's motion that the SUBSTITUTE Ordinance Requiring a Public Hearing
be INTRODUCED FOR PUBLIC HEARING carried by the following vote:
Aye: 6 - Buchanan, Byrd, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 1 - Donovan
2. AB2025-814 Resolution authorizing the sale of personal property, pursuant to Whatcom County
Code 1.10, Procedures for Management and Disposition of County -owned Personal
and Real Property
Donovan moved and Buchanan seconded that the Resolution Requiring a
Public Hearing be INTRODUCED FOR PUBLIC HEARING. 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
ADJOURN
Councilmembers gave committee reports and updates on recent activities
and upcoming events and Councilmembers Donovan and Byrd gave their
final remarks as Councilmembers.
The meeting adjourned at 8:48 p.m.
The County Council approved these minutes on January 13, 2026.
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Meeting Minutes prepared by Kristi Felbinger
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