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HomeMy WebLinkAboutCommittee of the Whole Mar 10 2026Whatcom County Council Committee of the Whole COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360)778-5010 Committee Minutes - Final Tuesday, March 10, 2026 1PM Hybrid Meeting - Council Chambers HYBRID MEETING - ADJOURNS BY 4:30 P.M. (PARTICIPATE IN -PERSON, SEE REMOTE JOIN INSTRUCTIONS AT www.whatcomcounty.us/joinvirtualcouncil, OR CALL 360.778.5010) COUNCILMEMBERS Elizabeth Boyle Barry Buchanan Ben Elenbaas Kaylee Galloway Jessica Rienstra Jon Scanlon Mark Stremler CLERK OF THE COUNCIL Cathy Halka, AICP, CMC Council Committee of the Whole Committee Minutes - Final March 10, 2026 Call To Order Roll Call Council Chair Kaylee Galloway called the meeting to order at 1:05 p.m. in a hybrid meeting. Present: 7 - Elizabeth Boyle, Barry Buchanan, Ben Elenbaas, Kaylee Galloway, Jessica Rienstra, Jon Scanlon, and Mark Stremler Announcements Galloway stated she would like to reorder the discussion of Comprehensive Plan chapters to: Chapter 1 (AB2026-185), Chapter 3 (AB2026-188), then Chapter 2 (AB2026-186). Special Presentation 1. AB2026-191 Presentation from Public Works regarding the National Pollutant Discharge Elimination System Permit and the Lake Whatcom Management Program Cathy Craver, Public Works Department, read from a presentation (on file) on the Western Washington Phase Il Municipal Stormwater Permit and the nexus with the Lake Whatcom Total Maximum Daily Load (TMDL) and Lake Whatcom Management Program work they are doing. She also spoke about a Joint Councils and Commissioners meeting on April 1st. Scanlon stated if there is anything that comes up in the review of the current five-year Lake Whatcom implementation plan and of how things are going with the Lake Whatcom Management Program that they think was missed in the Comprehensive Plan he is open to that conversation and to seeing if there is anything else Council should be putting in the Comprehensive Plan to make sure we are doing a good job with the water quality in the lake. Galloway stated Lake Whatcom shows up mostly in Chapter 10 of the Comprehensive Plan and it has been reviewed by staff and others. She also referenced a memo on the topic written by Council staff. This agenda item was PRESENTED. 2. AB2026-198 Presentation by the Health and Community Services Housing Team on housing programs including severe winter shelter, Q4 program data, and upcoming priorities and funding The following people read from a presentation (on file): • Ann Beck, Health and Community Services • Michaela Mandala, Health and Community Services Whatcom County Page 1 Council Committee of the Whole Committee Minutes - Final March 10, 2026 • Chris D'Onofrio, Health and Community Services They spoke about the housing team in the Health and Community Services Department and what they do, highlights of the severe weather shelter for 2025 and 2026, growing needs for services and that things that contribute to people becoming homeless are not changing in our community very quickly, an update on the 5 Year Housing Plan and the priorities for 2026, and that the Department of Housing and Urban Development (HUD) changed the way that they had proposed to release funds, to move away from funding permanent housing interventions in favor or more transitional housing, and how that might potentially impact Whatcom County permanent supportive housing programs. D'Onofrio answered where the County and City of Bellingham are with spending their respective funds for the severe winter shelter and what both might do with their unexpended funds. He stated they do not have a specific plan for money that is going to be left and do not think they will be tapping into the funds that the City offered as a kind of backstop, but he spoke about possible ways they might use the funds. Beck stated the money can be used across the entire housing system so they want to maximize it. Scanlon stated there is also Economic Development Investment (EDI) funding for housing, and asked if bonding capacity at the Housing Authority is being explored. Boyle thanked the team for their efforts. This agenda item was PRESENTED. Committee Discussion 1. AB2026-037 Update on 2026 State Legislative Session Jed Holmes, Executive's Office, updated on the legislative session and stated they are currently in a holding pattern waiting for the budgets to come out in their final form. They have been in close communication with legislators and are very hopeful about receiving money for flood hazard mitigation. The versions that were in the House and the Senate differed, but the County has expressed their opinion to focus on the Senate's version which included both more money and more flexibility for Whatcom County. The County's legislative priorities of getting funding for the courts for adjudication and added flexibility for the 23-hour crisis center allocation both appear to be on track. The ferry district bill came out of the "atcom County Page 2 Council Committee of the Whole Committee Minutes - Final March 10, 2026 Senate on Friday night in a version that looks very helpful to Public Works' requests and vision for what a ferry district could look like but they are waiting for the House to concur on that. It all will be known by Thursday afternoon or Thursday evening. Holmes and Kayla Schott-Bresler, Executive's Office, answered if there has been conversation about alternate mechanisms for funding public defense for counties since the Legislature removed funding for that from the millionaire's tax bill. Schott-Bresler stated there are other slightly less helpful but creative revenue tools or promises of future tools that may come out this session. Holmes stated the operating budgets are not final yet. This agenda item was DISCUSSED. 2. AB2026-211 Discussion of an ordinance authorizing a sales and use tax of one -tenth of one percent for criminal justice purposes as authorized by RCW 82.14.345 and adding a new Chapter 3.27 Sales and Use Tax for Criminal Justice Purposes to the Whatcom County Code Kayla Schott-Bresler, Executive's Office, read from a presentation (on file). She listed examples of what the tax can be used for and that the executive's recommendation is that the Council proceed with an ordinance that recognizes all the uses authorized under the statute and directs and provides flexibility to use this revenue on any eligible service, with decisions and priorities to be made every two years during the County's regular and transparent biennial budget process. She outlined the following recommendation for usage of the approximately $6.5-7 million in revenue should this be adopted: Fund existing obligations adopted in 2026 in the criminal justice space - $4.5m • Rising jail medical and food costs • Sheriff's Office Lease Prioritize remaining revenue for labor costs through the budget process - $2.5m • Continuity of services • COLAs • Evaluation of new needs, including public defense She and councilmembers discussed that there would be a public hearing in two weeks if this is introduced tonight, that the executive's recommended uses fall under the eligible uses, that the recommendation is that they would Wha(com County page 3 Council Committee of the Whole Committee Minutes - Final March 10, 2026 evaluate any new needs during the budget process, if the Council could determine what the uses of the tax would be before they impose it, that the downside of that approach would be that they might be making that decision in a vacuum as opposed to seeing all the needs presented, and what else the Council would need if the recommendations in front of them are not specific enough. Donnell Tanksley, Sheriff, spoke about the portion of the revenue that is recommended for the Sheriffs Office and the requirements that the Sheriffs Office has to meet in order to make that possible. He stated they will also apply for the grant from the State and answered what they would look to fund if they were able to get access to some of that funding. He spoke about frozen positions and the obligation of their office lease, as well as officer wellness, and spoke about another grant offer that was just released. This agenda item was DISCUSSED. 3. AB2026-185 Discussion and preliminary Council direction on Whatcom County Comprehensive Plan Chapter 1, Introduction and Growth Projections Clerk's note: councilmembers referenced the new proposed amendments in the "Chapter 1 - Preliminary Council Draft for 3.10.2026." Each are numbered and councilmembers referred to those numbers in their motions. Stremler spoke about amendment number 20 regarding adding the Dutch community to the labor acknowledgement. Councilmembers discussed the proposed addition of the Dutch community, whether it should be inclusive of other nationalities or just making a statement honoring those that sacrificed without listing specific groups, whether they should add a historical section to the chapter, and how they might amend this section. Elenbaas moved that the labor acknowledgment read: Whatcom County as it stands today is only possible because of ancestors, elders, and those who have gone before us. The Whatcom County government acknowledges this, in light of historical facts, that our region depended on the labor of dehumanization, exploitation, suffering, wisdom and skills of enslaved people. The motion failed for lack of a second. Councilmembers discussed that maybe they should continue to process R%atcom County page 4 Council Committee of the Whole Committee Minutes - Final March 10, 2026 this, Stremler's proposed language as it stands, other people groups that could be listed, and that by being specific they will leave people out. Stremler spoke about proposed amendment number 21 regarding Policy 1 C-6. Stremler moved to amend to add the language in amendment number 21 to Policy 1C-6. The motion was seconded Elenbaas. Elenbaas asked if public works would be capitalized. Stremler amended his motion to change "public works" to "public work" so that Policy 1C-6 would read: Through fair and open competition, leverage county resources and investments in public work to empower and uplift a local and diverse workforce for all. Councilmembers discussed that the County's policies and procedures should be unbiased, that the intent of the motion is to not limit who can do the work, and that it is still subject to procurement laws. The motion carried by the following vote: Aye: 7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 Rienstra moved to request that staff prepare "Chapter 1 - Preliminary Council Draft for 3.10.2026," as amended, for inclusion in a future agenda bill file for Council introduction and public hearing. The motion was seconded by Boyle. Galloway noted that the labor and land acknowledgments are outside of Chapter 1 so those are still fair game to refine. The motion carried by the following vote: Aye: 5 - Buchanan, Galloway, Rienstra, Scanlon, and Boyle Nay: 2 - Elenbaas and Stremler This agenda item was DISCUSSED AND MOTION(S) APPROVED. Whalcom County page 5 Council Committee of the Whole Committee Minutes - Final March 10, 2026 MOTION 1 Motion approved to amend to add the language in amendment #21 to Policy 1C-6 and to change "public works" to "public work" so that Policy 1C-6 would read: Through fair and open competition, leverage county resources and investments in public work to empower and uplift a local and diverse workforce for all. MOTION 2 Motion approved to request that staff prepare "Chapter 1 - Preliminary Council Draft for 3.10.2026," as amended, for inclusion in a future agenda bill file for Council introduction and public hearing. 5. AB2026-188 Discussion and preliminary Council direction on Whatcom County Comprehensive Plan Chapter 3, Housing Galloway stated this is a continuation of the discussion on this chapter from the March 3rd Special Committee of the Whole meeting. Clerk's note: councilmembers referenced the new proposed amendments (numbers 48-54, with 54 being an inadvertent duplicate of number 48) in the " Chapter 3 - Chart of Proposed Council Changes for 3.10.2026." Each are numbered and councilmembers referred to those numbers in their motions. Elenbaas moved to amend to approve the added language highlighted in blue as noted in amendment # 48 which adds new policies 3A-5 and 3A-6 as follows: Policy 3A-5: Where provisions of the Comprehensive Plan are subject to more than one reasonable interpretation, apply the interpretation that most effectively advances the County's adopted housing supply and affordability objectives, provided that such interpretation: • Remains consistent with the Growth Management Act. • Does not diminish required protections for critical areas or designated resource lands. • Maintains internal consistency among Comprehensive Plan elements. Policy 3A-6: Periodically review development regulations and administrative practices to identify and eliminate unnecessary ambiguity that may unintentionally constrain housing supply or increase housing costs. The motion was seconded by Stremler. Whafcom County Page 6 Council Committee of the Whole Committee Minutes - Final March 10, 2026 Elenbaas spoke about the proposed amendment and stated he would like to incorporate the same type of language into almost all decisions that are counter -related matters. Mark Personius, Planning and Development Services Department Director, asked if Council has had legal review of this language for potential inconsistency or misinterpretation. Kimberly Thulin, Prosecuting Attorney's Office, answered at what point legal review occurs and stated she is looking at it as they go along. She is in the process of looking at these proposals. The motion carried by the following vote: Aye: 7 - Elenbaas, Galloway, Rienstra, Scanlon, Stremler, Boyle, and Buchanan Nay: 0 Galloway moved to amend Chapter 3 as noted in amendment numbers 49-51 (to strike references to family terminology). The motion was seconded by Boyle. Councilmembers discussed the motion and that there should be nothing offensive about family references. The motion carried by the following vote: Aye: 5 - Galloway, Rienstra, Scanlon, Boyle, and Buchanan Nay: 2 - Stremler and Elenbaas Galloway moved to amend Chapter 3 to add a new policy 3B-5 as noted in amendment number 52 which reads: Whatcom County's environmental justice goals should augment established zoning principles to rectify situations where marginalized residents have had to locate residential development adjacent to heavy impact industry. Future zoning decisions should protect public health and community well-being by ensuring adequate separation between incompatible land uses. This includes avoiding or minimizing residential uses in close proximity to heavy industrial activities whenever possible and implementing appropriate buffering, siting, and design measures where such proximity cannot reasonably be avoided. Whalcom County page 7 Council Committee of the Whole Committee Minutes - Final March 10, 2026 The motion was seconded by Rienstra. Councilmembers discussed how the amendment pertains to environmental justice, that it is trying to covey that everyone deserves a healthy place to live regardless of income, and whether they could just get rid of the first sentence. Galloway amended her motion to strike the first sentence of the proposed language so that policy 3B-5 would read: Future zoning decisions should protect public health and community well-being by ensuring adequate separation between incompatible land uses. This includes avoiding or minimizing residential uses in close proximity to heavy industrial activities whenever possible and implementing appropriate buffering, siting, and design measures where such proximity cannot reasonably be avoided. Elenbaas spoke about where they draw the line between this policy and reasonable expectations for what might be experienced living near an industry. The motion carried by the following vote: Aye: 6 - Rienstra, Scanlon, Boyle, Buchanan, Elenbaas, and Galloway Nay: 1 - Stremler Galloway moved to amend Chapter 3 as noted in amendment number 53 (regarding acknowledging the Buildable Lands Report). The motion was seconded by Elenbaas. Councilmembers discussed whether the Buildable Lands Report does a good enough job of distinguishing what is allowable and what is functionally allowable, and that acknowledging the Buildable Lands Report helps them learn from the past. Matt Aamot, Planning and Development Services Department, spoke about the Buildable Lands Report and that the next one will be in 2034, and he spoke about Policy 3I-3 which is a new requirement that was passed in the Growth Management Act a couple years ago. Galloway amended her amendment and stated the language is actually Buildable Lands Report (not "analysis") so it would read: Whalcoin County Page 9 Council Committee of the Whole Committee Minutes - Final March 10, 2026 Quantifiable Targets and Outcomes The breadth of data identified in the U.S. Census, Land Capacity Analysis, Housing Needs Assessment, Buildable Lands Report and other sources provide a foundation for monitoring and quantifying the outcomes of policy. Use the Buildable Lands Report to review and evaluate whether Whatcom County has achieved its goals and policies and work to implement any identified reasonable measures necessary to reduce the differences between growth and development assumptions contained in the county and cities comprehensive plans with actual development patterns. By developing policies which are measurable, the County can further track results and identify needed actions. The motion carried by the following vote: Aye: 7 - Scanlon, Stremler, Boyle, Buchanan, Elenbaas, Galloway, and Rienstra Nay: 0 Galloway moved to request that staff prepare "Chapter 3 - Preliminary Council Draft for 3.10.2026," as amended, for inclusion in a future agenda bill file for Council introduction and public hearing. The motion was seconded by Scanlon. Scanlon suggested a friendly amendment (and consider this for the future) to add "and conduct legal analysis." Galloway accepted the friendly amendment and amended her motion to request that staff prepare "Chapter 3 - Preliminary Council Draft for 3.10.2026," as amended, and for legal to review, for inclusion in a future agenda bill file for Council introduction and public hearing. The motion carried by the following vote: Aye: 6 - Stremler, Boyle, Buchanan, Galloway, Rienstra, and Scanlon Nay: 1 - Elenbaas Clerk's note: Councilmembers advanced to the next agenda item and started to discuss Chapter 2, but staff said that they forgot an amendment that needed to be proposed for this chapter. Councilmembers stopped discussion of Chapter 2 and discussed the proposed amendment for Chapter 3. Matt Aamot, Planning and Development Services Department, stated whatcom County page 9 Council Committee of the Whole Committee Minutes - Final March 10, 2026 Council reduced the rural population in the last discussion of Chapter 3 so Planning had their consultants revise the housing numbers in table one to reflect that. They need that corrected table to reflect the housing for the reduced rural population. Rienstra moved that they include updated table one in the Chapter 3 preliminary Council draft version that staff will prepare for legal review. The motion was seconded by Boyle. Aamot answered whether changes were only made to unincorporated county and not to any city and stated that is correct. The motion carried by the following vote: Aye: 5 - Boyle, Buchanan, Galloway, Rienstra, and Scanlon Nay: 2 - Elenbaas and Stremler This agenda item was DISCUSSED AND MOTION(S) APPROVED. MOTION 1 Motion approved to amend Chapter 3 to approve the added language highlighted in blue as noted in amendment number 48 which adds new policies 3A-5 and 3A-6 as follows: Policy 3A-5: Where provisions of the Comprehensive Plan are subject to more than one reasonable interpretation, apply the interpretation that most effectively advances the County's adopted housing supply and affordability objectives, provided that such interpretation: • Remains consistent with the Growth Management Act. • Does not diminish required protections for critical areas or designated resource lands. • Maintains internal consistency among Comprehensive Plan elements. Policy 3A-6: Periodically review development regulations and administrative practices to identify and eliminate unnecessary ambiguity that may unintentionally constrain housing supply or increase housing costs. MOTION 2 Motion approved to amend Chapter 3 as noted in amendment numbers 49-51 to strike reference to family. MOTION 3 Motion approved to amend Chapter 3 to add a new policy 313-5 as noted in amendment number 52, but with the first sentence stricken, so it reads: Future zoning decisions should protect public health and community well-being by ensuring adequate separation between incompatible land uses. This includes avoiding or minimizing residential uses in close proximity to heavy industrial activities whenever possible and implementing appropriate buffering, siting, and design measures where suc proximity cannot reasonably be avoided. K%alconn County Page 10 Council Committee of the Whole Committee Minutes - Final March 10, 2026 MOTION 4 Motion approved to amend Chapter 3 as noted in amendment number 53 so that the section Quantifiable Targets on page 3-24 and 25 reads: Quantifiable Targets and Outcomes The breadth of data identified in the U.S. Census, Land Capacity Analysis, Housing Needs Assessment, Buildable Lands Report and other sources provide a foundation for monitoring and quantifying the outcomes of policy. Use the Buildable Lands Report to review and evaluate whether Whatcom County has achieved its goals and policies and work to implement any identified reasonable measures necessary to reduce the differences between growth and development assumptions contained in the county and cities comprehensive plans with actual development patterns. By developing policies which are measurable, the County can further track results and identify needed actions. MOTION 5 Motion approved to request that staff prepare the "Chapter 3 - Preliminary Council Draft for 3.10.2026," as amended, for legal review and inclusion in a future agenda bill file for Council introduction and public hearing. MOTION 6 Motion approved that they include updated table one in the Chapter three preliminary Council draft version that staff will prepare for legal review. 4. AB2026-186 Discussion and preliminary Council direction on Whatcom County Comprehensive Plan Chapter 2, Land Use Clerk's note: Councilmembers began to discuss this agenda item, but staff said that they forgot an amendment that needed to be proposed for the previous agenda item (Chapter 3). Councilmembers discussed the proposed amendment for Chapter 3 and then came back to Chapter 2. Chanter 2 Discussion (ADmoximate Timestamm 2.37:18) Councilmembers discussed which amendment numbers they would like to consider separately and which they could consider in a consent fashion. They made a motion and adjusted it to reflect the items councilmembers wanted to discuss. Galloway moved and Rienstra seconded to approve proposed amendment numbers 92-111, 114, 116-118, 124-128, and 130-132 and glossary items 1 and 2. Mark Personius, Planning and Development Services Department Director, stated there are issues with numbers 96 and 97 as written. In 96 they are quoting a countywide planning policy and amending it, but Council does not have the authority to do that by themselves. They have to be approved by all the cities. The proposed changes in 97 significantly changed the intent of that policy and could be inconsistent with Council's proposals to expand the Nooksack and Sumas UGAs into agricultural resource lands. He stated staff has not gone through all the proposed amendments yet. "alcom County page 11 Council Committee of the Whole Committee Minutes - Final March 10, 2026 Galloway amended the motion and moved to approve proposed amendment numbers 92-95, 98-111, 114, 116-118, 124-128, 130-132, and glossary items 1 and 2. The motion carried by the following vote: Aye: 5 - Boyle, Buchanan, Galloway, Rienstra, and Scanlon Nay: 2 - Elenbaas and Stremler Amendment number 91 (Approximate Timestamp 2:46:30) Councilmembers considered proposed amendment number 91 sent from the Planning director after the discussion last week about recognizing non -conforming uses. Personius briefed the councilmembers on the changes and stated it is getting at the concern of the existing HII industries in the Alderwood urban growth area. Scanlon noted that the policy number (2N-8) should actually be 2N-12 (a scrivener's error). Matt Aamot, Planning and Development Services Department, stated there is also a word missing in the text, and Galloway stated they can un-strike "preserve" in the first sentence. Personius confirmed that the language is just meant to clarify. Galloway moved to amend Policy 2N-8 (corrected to Policy 2N-12) of Chapter 2 as noted in amendment number 91 (and with the word "preserve" reinstated) so that it reads: Encourage provision of serviced industrial sites by cities. Where applicable, within urban growth areas, preserve the regulatory ability of existing industries to continue operating, if proposed for rezoning, and protect existing industrial and maritime zoned developments from encroachment by incompatible uses and developments on adjacent lands. Protective measures should include but may not be limited to the adoption of notice of disclosure requirements. The motion was seconded by Scanlon. Whalcom County page 12 Council Committee of the Whole Committee Minutes - Final March 10, 2026 Councilmembers and staff discussed that the notice of disclosure requirements would create a notice of disclosure notice for homes within a mile of industry -zoned land at the point of sale, if there would be any type of protection for heavy industry operating lawfully inside, what protecting existing industrial and maritime zoned developments from encroachment by incompatible uses means, and that the set of goals and policies would apply to all UGAs. The motion carried by the following vote: Aye: 4 - Elenbaas, Galloway, Scanlon, and Stremler Nay: 0 Abstain: 3 - Boyle, Buchanan, and Rienstra Amendment number 96 and 97 (Approximate Timestamp 2:59:44) Galloway stated these amendments came from a letter the County received from the Nooksack Tribe outlining some of their recommendations and she referred back to the earlier discussion with Personius in which he explained the issues with the proposed changes. Based on his explanation, the Council concurred to remove both proposed amendments from consideration. No motion was made and no action taken on number 96 or on 97 and they will not be included in the draft that moves forward after today. Amendment number 112 (Approximate Timestamp 3:03:31) Stremler spoke about his proposed amendment and stated he thinks impact fees, which will ultimately be paid by the final user, are going to add to the cost of housing. Stremler moved to strike Policy 2C-7 which they had approved at their March 3rd session (as noted in amendment number 112). The motion was seconded by Elenbaas. Personius answered who pays for infrastructure improvements that are needed if there are no impact fees and spoke about the statement that impact fees "will be levied as per state law." He stated the law does not require impact fees but leaves it to the jurisdiction. He answered whether most of the cities in Whatcom County have impact fees on new construction and stated they do. Whatcom County Page 13 Council Committee of the Whole Committee Minutes - Final March 10, 2026 Galloway spoke about her original amendment to add the language for this policy and stated she would take changing "will" to "may" as a friendly amendment if they decide to retain that language. Councilmembers discussed Stremler's motion to strike Policy 2C-7. The motion failed by the following vote: Aye: 2 - Elenbaas and Stremler Nay: 5 - Buchanan, Galloway, Rienstra, Scanlon, and Boyle Galloway moved to amend Policy 2C-7 to change the phrase "will be levied" to "may be levied" so that the policy reads: To defray the costs of infrastructure and service improvements required by development in areas under county jurisdiction, Construction Impact Fees, may be levied as per state law. The motion was seconded by Elenbaas. The motion carried by the following vote: Aye: 7 - Elenbaas, Galloway, Rienstra, Scanlon, Stremler, Boyle, and Buchanan Nay: 0 Amendment number 113 (Approximate Timestamp 3:13:46) Personius and Aamot answered where the impact of this proposed amendment might show up. Scanlon stated they may need to put infrastructure in place in some of the flood plain areas and sea -level rise zones and it is likely easier to do so when those areas are less dense compared to when they are more dense. Aamot displayed a map showing R10A areas. Galloway moved to amend Chapter 2 to add Policy 2GG-4 as shown in amendment number 113 which reads: Land in the R10A district may not be rezoned to a rural zone that allows a higher density if it is located in the current flood plain, a likely future flood plain, or a sea level rise inundation zone. The motion was seconded by Scanlon. Whalcom County Page 14 Council Committee of the Whole Committee Minutes - Final March 10, 2026 Councilmembers and Aamot discussed that UGAs would not be impacted by this since there is no R10A within urban growth areas, making sure this is not having unintended consequences on a city UGA reserve, and how staff would define a "likely future flood plain." Scanlon stated in other places they just said "future flood plain." Galloway accepted that as a friendly amendment and moved to amend the proposed Policy 2GG-4 so that it reads: Land in the R10A district may not be rezoned to a rural zone that allows a higher density if it is located in the current or future flood plain or a sea level rise inundation zone. Elenbaas stated he sees this policy as not very productive and it takes away any flexibility they would have to put housing in the appropriate spot and site it away from a critical area in a way that you could preserve the agriculture aspect of that rural zone. The motion carried by the following vote: Aye: 5 - Galloway, Rienstra, Scanlon., Boyle, and Buchanan Nay: 2 - Stremler and Elenbaas Galloway moved that they continue discussion on the preliminary Chapter 2 as amended March 1 Oth, 2026 at next week's Special Committee of the Whole meeting on March 17th, picking up where we left off, starting with amendment number 115 and the remaining amendments they did not get to today. The motion was seconded by Elenbaas. They discussed the deadline for new amendments for this chapter, that there will be opportunity for public comment at the meeting next week, that there are 14 more amendments to vote on for this chapter, whether they could continue to discuss amendments at the evening Council meeting tonight, and that holding it over to March 17 would give opportunity for public comment. The motion carried by the following vote: Aye: 6 - Rienstra, Scanlon, Stremler, Boyle, Elenbaas, Galloway Nay: 0 Out of the Meeting: 1 - Buchanan K%alcom County Page 15 Council Committee of the Whole Committee Minutes - Final March 10, 2026 This agenda item was DISCUSSED AND MOTION(S) APPROVED. MOTION 1 Motion approved to approve proposed amendment numbers 92-95, 98-111, 114, 116-118, 124-128, 130-132, and glossary items 1 and 2. MOTION 2 Motion approved to amend Policy 2N-8 (corrected to Policy 2N-12) of Chapter 2 as noted in amendment number 91 (with scrivener's errors corrected as presented on the screen) so that it reads: Encourage provision of serviced industrial sites by cities. Where applicable, within urban growth areas, preserve the regulatory ability of existing industries to continue operating, if proposed for rezoning, and protect existing industrial and maritime zoned developments from encroachment by incompatible uses and developments on adjacent lands. Protective measures should include but may not be limited to the adoption of notice of disclosure requirements. MOTION 3 Motion approved to amend a phrase in Policy 2C-7 to read "may be levied" so that the policy reads: To defray the costs of infrastructure and service improvements required by development in areas under county jurisdiction, Construction Impact Fees, may be levied as per state law. MOTION 4 Motion approved to amend Chapter 2 to add Policy 2GG-4 which reads: Land in the R10A district may not be rezoned to a rural zone that allows a higher density if it is located in the current or future flood plain or a sea level rise inundation zone. MOTION 5 Motion approved that they continue discussion on the preliminary Chapter 2 as amended March loth, 2026 at next week's Special Committee of the Whole meeting on March 17th, picking up where we left off, starting with amendment number 115 and the remaining amendments they did not get to today. Items Added by Revision Other Business Adjournment There were no agenda items added by revision. There was no other business. The meeting adjourned at 4:37 p.m. The County Council approved these minutes on March 24, 2026. WhWCOM County Page 16 Council Committee of the Whole Committee Minutes - Final ATTEST: J.•��� c`•.� CQ N • Cathy Hal• y a,�Cour)cilCl -'-- _ 0 • •'• 1�`,HI1����••• March 10, 2026 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA K ylee ffalloway, Council Lihair Meeting Minutes prepared by Kristi Felbinger Whatcom County Page 17