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HomeMy WebLinkAboutCouncil Apr 14 2026Whatcom County Council COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360)778-5010 Minutes - Final Tuesday, April 14, 2026 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 REVISION 4.13.2026 COUNCILMEMBERS Elizabeth Boyle Barry Buchanan Ben Elenbaas Kaylee Galloway Jessica Rienstra Jon Scanlon Mark Stremler CLERK OF THE COUNCIL Cathy Halka, AICP, CMC Council Minutes - Final April 14, 2026 COUNTY COUNCIL CALL TO ORDER Council Vice Chair Jon Scanlon called the meeting to order at 6 p.m. in a hybrid meeting. ROLL CALL Present: 7 - Elizabeth Boyle, Barry Buchanan, Ben Elenbaas, Kaylee Galloway, Jessica Rienstra, Jon Scanlon, and Mark Stremler FLAG SALUTE ANNOUNCEMENTS COUNTY EXECUTIVE'S REPORT Satpal Sidhu, County Executive, spoke about the proposed sales tax. MINUTES CONSENT Buchanan moved to accept the minutes consent items. The motion was seconded by Rienstra (see votes on individual items below). 1. MIN2026-027 Committee of the Whole Executive Session for March 17, 2026 Buchanan moved and Rienstra seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote: Aye: 7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 2. MIN2026-028 Council (Special) for March 17, 2026 Buchanan moved and Rienstra seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote: Aye: 7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 3. MIN2026-029 Special Committee of the Whole for March 17, 2026 Buchanan moved and Rienstra seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote: Aye: 7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 4. MIN2026-030 Committee of the Whole Executive Session for March 24, 2026 Whatcom County Page / Printed on 412912026 Council Minutes - Final April 14, 2026 Buchanan moved and Rienstra seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote: Aye: 7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 5. MIN2026-031 Committee of the Whole for March 24, 2026 Buchanan moved and Rienstra seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote: Aye: 7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 6. MIN2026-032 Regular County Council for March 24, 2026 Buchanan moved and Rienstra seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote: Aye: 7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 7. MIN2026-033 Special Council for March 31, 2026 Buchanan moved and Rienstra seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote: Aye: 7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 8. MIN2026-034 Special Committee of the Whole for March 31, 2026 Buchanan moved and Rienstra seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote: Aye: 7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 9. MIN2026-035 Health Board for March 31, 2026 Buchanan moved and Rienstra seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote: Aye: 7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 COMBINED PUBLIC HEARINGS ON TAX ORDINANCES Whalcom County page 2 Printed on 412912026 Council Minutes - Final April 14, 2026 Scanlon read the three public hearing items into the record. Kayla Schott-Bresler, Executive's Office, read from a presentation (on file) regarding funding for public safety operations under RCW 82.14.345, an overview of the County's General Fund, the options before the Council, and an overview of the executive's proposed ordinance, AB2026-213. She stated it does not permanently dedicate the tax to any individual department or service. Scanlon gave an overview of AB2026-255 which he proposed, and stated it lays out specifications for the use of the funds for the first two years. Stremler gave an overview of AB2026-259 (co -sponsored by himself and Councilmember Elenbaas) and stated they want the voters of Whatcom County to decide if they want to pay this tax. Scanlon spoke about a companion resolution (AB2026-257) which sets priorities for the use of the sales tax revenue if they pass the executive's version. Stremler spoke about AB2026-288 (for introduction tonight) which says the voters can have a non -binding advisory vote to inform the Council. Legal counsel had advised them to not move forward with AB2026-259 because of the interpretation of the wording of the RCW that allows this tax to be imposed, but they still felt strongly that they wanted to involve the voters of Whatcom County. Scanlon opened the Public Hearing and the following people spoke: • Ryan Bowman • Karen Kooy • Russ Sapienza • Susan Marks • Brian Gass • Lyle Sorenson • Marvin Mickley • Donnell Tanksley • Hannah Ordos • David Stamps • Jiggy Sorrell • (Name not stated) • Caleb Erickson Whatcom County page 3 Printed on 4/29/2026 Council Minutes - Final April 14, 2026 • Natalie Chavez • Ali Jensen Scanlon thanked everyone for speaking. Clerk's note: the public hearing was not closed by the chair at this point in the meeting. 1. AB2026-213 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 See discussion for this item under the public hearing header and under the separate consideration of the file below. This agenda item was PUBLIC TESTIMONY RECEIVED (file not final). 2. AB2026-255 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 See discussion for this item under the public hearing header and under the separate consideration of the file below. This agenda item was PUBLIC TESTIMONY RECEIVED (file not final). Enactment No: ORD 2026-020 3. AB2026-259 Ordinance submitting to the qualified voters of Whatcom County a proposition authorizing a sales and use tax of one -tenth of one percent (0.1%) for criminal justice purposes, as authorized by RCW 82.14.345 See discussion for this item under the public hearing header and under the separate consideration of the file below. This agenda item was PUBLIC TESTIMONY RECEIVED (file not final). SEPARATE CONSIDERATION OF PUBLIC HEARING ITEMS 1. AB2026-213 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 Galloway moved that the Ordinance be ADOPTED. The motion was seconded by Scanlon. Galloway stated she feels compelled by the Administration's presentation tonight which outlined our need for the tax. Whatcom County Page 4 Printed on 412912026 Council Minutes - Final April 14, 2026 Scanlon stated he prefers his ordinance (AB2026-255) because it adds specificity in the whereas clauses of the ordinance. He thinks if they vote on the tax this evening they should tell people how they are going to use the funds. An alternate way is to adopt this version (the executive's proposal) and then approve the resolution (AB2026-257) later in this agenda which gives direction on how to use the revenue. He proposed that they hold this item until after consideration of A132026-255. Galloway moved that they hold AB2026-213 until after consideration of A132026-255. The motion was seconded by Scanlon. Elenbaas stated maybe they would like to put both this and AB2026-255 on hold and then work backwards and decide first if they want to put something on the ballot or not. If not, they can then discuss the dereference between this ordinance and Scanlon's version. The motion to hold AB2026-213 carried by the following vote: Aye: 7 - Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, Stremler, and Boyle Nay: 0 This agenda item was DISCUSSED AND MOTION(S) APPROVED. Motion approved 7-0 that they hold AB2026-213 until after consideration of AB2026-255 (see second vote on this item below). 2. AB2026-255 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 Elenbaas moved to hold this item until they address the next item. Cathy Halka, Clerk of the Council, stated they should make a main motion first. Buchanan moved and Boyle seconded that the Ordinance be ADOPTED. Elenbaas moved to hold this item until they possibly come back to it (during) this meeting. The motion was seconded by Stremler. Elenbaas stated if they pass this item now, they would not even have debate Whalcom County Page 5 Printed on 412912026 Council Minutes - Final April 14, 2026 on the next item (AB2026-259), but if they hold it they can decide if there is merit to putting something on the ballot. Councilmembers and Kimberly Thulin, Prosecuting Attorney's Office, discussed if the item should be held for two weeks so they can fully address the advisory vote ordinance (AB2026-288) which is on the agenda for introduction this evening, or whether they should just hold it until they are able to address the other options tonight. Elenbaas amended his motion to hold this item until April 28th or sooner. Councilmembers discussed the motion. The motion to hold failed by the following vote: Aye: 2 - Elenbaas and Stremler Nay: 5 - Galloway, Rienstra, Scanlon, Boyle, and Buchanan Councilmembers discussed the main motion to adopt this ordinance and the following additional people also spoke and answered questions: • Kayla Schott-Bresler, Executive's Office • Satpal Sidhu, County Executive They discussed that the State law already gives direction on how the funds can be spent so the County cannot just spend it on anything for the General Fund, that being too prescriptive with the money might hinder their ability to execute the criminal justice facility project in a manner in which the community expects them to, that the revenue would go into a special criminal justice sales tax fund either way (with this ordinance or with the executive's), that the executive's version gives the Council the most flexibility down the road to direct the funds, that anytime funds are moved in or out of a special fund it comes to Council, importance of the voice of the people and that they can place an advisory vote before them, the legal guidance regarding whether putting the tax on the ballot was a tool the Legislature gave them, the urgency of this measure and that certainty afforded by adopting the tax can help them build stability into the County's budget, and that the people seem to want to know how the money will be spent. Donnell Tanksley, Sheriff, spoke about the grant program also associated with this State law. He spoke about how much of that they applied for and the purposes for which it would be used, including unfreezing Sheriff's Department positions, assisting with the Law Enforcement Assisted Whatcom County page 6 Printed on 42912026 Council Minutes - Final April 14, 2026 Diversion (LEAD) program, assisting with ongoing training, and building a wellness infrastructure. They applied for a total of $624,000. Scanlon stated that other cities and counties have already adopted this tax according to State law and without a vote of the people, and he spoke in favor of the ordinance and why it has specifications for how the money should be used. Elenbaas stated another concern he has is that Lynden and Bellingham have already passed this tax and now we are going to double up on it. He would prefer to ask permission from the voters. Buchanan's motion that the Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote: Aye: 5 - Boyle, Buchanan, Galloway, Rienstra, and Scanlon Nay: 2 - Elenbaas, and Stremler Enactment No: ORD 2026-020 3. AB2026-259 Ordinance submitting to the qualified voters of Whatcom County a proposition authorizing a sales and use tax of one -tenth of one percent (0.1 %) for criminal justice purposes, as authorized by RCW 82.14.345 Elenbaas moved and Stremler seconded that the Ordinance Requiring a Public Hearing be ADOPTED. Councilmembers discussed that they were going to consider AB2026-213 which was held until after AB2026-255, but advanced to this item instead. Scanlon stated they had a discussion earlier today about this ordinance and the question around the legal validity of it. He stated the advice they received from Council's attorney was that the legislature did not give a council the authority to put this item to the voters as a mandatory vote of the people. Elenbaas stated they can read the Revised Code of Washington (RCW) if they would like. Elenbaas's motion that the Ordinance Requiring a Public Hearing be adopted FAILED by the following vote: Aye: 2 - Elenbaas, and Stremler Nay: 5 - Boyle, Buchanan, Galloway, Rienstra, and Scanlon 1. AB2026-213 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 "atcom County page 7 Printed on 412912026 Council Minutes - Final April 14, 2026 Sales and Use Tax for Criminal Justice Purposes to the Whatcom County Code Elenbaas moved and Stremler seconded that the Ordinance Requiring a Public Hearing be ADOPTED. Scanlon stated he does not think they need this item anymore since they voted to adopt AB2025-255. Councilmembers voted on this item (see vote below) and then Scanlon closed the combined public hearing. Elenbaas's motion that the Ordinance Requiring a Public Hearing be adopted FAILED by the following vote: Aye: 0 Nay: 7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler OPEN SESSION The following people spoke: • Ryan Bowman • David Foreman • Pam Brady • Tamera Lienhart • Rob Hutchison • Josh Linn • Brian Gass • Virgil Thompson • Kathryn Mitchell • Jim Shaver • Nicole Postma • Judy (last name on stated) • Markis Dee • Lyle Sorenson • Derek Gremban • Brian Estes • Jeremy Thompson • Natalie Chavez Hearing no one else, Scanlon closed the Open Session. CONSENT AGENDA Whatcom County page 8 Mnled on 412912026 Council Minutes - Final April 14, 2026 (From Council Finance and Administrative Services Committee) Scanlon reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through eight. Councilmembers voted on those items (see votes on individual items below). 1. AB2026-253 Request authorization for the County Executive to enter into a contract between Whatcom County and BEA Environmental, LLC to develop and implement a Source Control Business Inspection Program, in the amount of $89,950 Scanlon 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 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 2. AB2026-256 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Bellingham Food Bank to purchase and distribute diapers, wipes, infant formula, and food to low-income families with children in the amount of $636,305, for a total amended contract amount of $1,503,993 Scanlon 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 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 3. AB2026-260 Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington State Department of Ecology to administer and enforce the well sealing, tagging, and decommissioning portions of the water well construction regulations, in the estimated amount of $13,500 annually Scanlon 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 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 4. AB2026-269 Request authorization for the County Executive to enter into a contract between Whatcom County and Opportunity Council to administer rental assistance to eligible individuals who are involved in the criminal legal system and in recovery from a substance use disorder, in the amount of $79,090 Whatcom County page 9 Printed on 412912026 Council Minutes - Final April 14, 2026 Scanlon 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 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 5. AB2026-270 Request authorization for the County Executive to enter into a contract between Whatcom County and the Housing Authority of the City of Bellingham to fund capital expenses for the development of the Samish Commons Early Learning Center, in the amount of $851,350 Scanlon 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 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 6. AB2026-277 Request authorization for the County Executive to enter into an interlocal grant agreement between Whatcom County and the Department of Ecology to provide funding to advance the planning work necessary to evaluate and implement flood mitigation alternatives for the Lower Nooksack River and the Everson-Sumas overflow corridor, in the amount of $2,738,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) Scanlon 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 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 7. AB2026-294 Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the Washington State Department of Transportation to execute a Federal Aid Project Prospectus to obligate federal Ferry Boat Program funds for the Lummi Island Ferry operating costs, in the amount of $1,920,916 Scanlon 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 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 8. AB2026-299 Request authorization for the County Executive to enter into an interlocal agreement whalcom County Page 10 Printed on 412912026 Council Minutes - Final April 14, 2026 between Whatcom County and City of Bellingham for U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant FY25, in the amount of $11,812 Scanlon 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 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 OTHER ITEMS (From Council Committee of the Whole) 1. AB2026-302 Request confirmation of the County Executive's appointment of Deborah Arthur as Deputy Executive/Administrative Services Director effective April 13, 2026 Scanlon reported for Committee of the Whole. There was no recommendation from committee because it was just a discussion. Elenbaas moved and Boyle seconded that the Executive Appointment be CONFIRMED. Satpal Sidhu, County Executive, spoke about the applicant. Councilmembers spoke about the applicant and their support of her appointment. Elenbaas's motion that the Executive Appointment be CONFIRMED carried by the following vote: Aye: 7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 (No Committee Assignment) 2. AB2026-257 Resolution setting priorities for a sales and use tax of one -tenth of one percent for criminal justice purposes as authorized by RCW 82.14.345 Scanlon stated, as the author of this item, he believes it is no longer necessary given that they adopted AB2026-255 which has the priorities included in the ordinance, so no action was taken. This agenda item was NOT ACTED UPON. 3. AB2026-309 Request for motion to select up to two councilmembers to participate in the Executive's medical examiner hiring process Buchanan suggested that Galloway and Elenbaas be appointed. Whatcom County Page 11 Printed on 4/2912026 Council Minutes - Final April 14, 2026 Scanlon stated he would be interested, and Galloway stated she would defer to him. Scanlon moved to appoint Elenbaas and Scanlon. The motion was seconded by Rienstra. The motion carried by the following vote: Aye: 7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 This agenda item was APPOINTED. Appointed Elenbaas and Scanlon 7-0. COUNCIL APPOINTMENTS TO ADVISORY GROUPS 1. AB2026-178 Appointment to a vacancy on the Justice Project Oversight and Planning (JPOP) Committee, Behavioral Health Provider position, Applicant(s): Keren Gott, Margery Dunkle, Jennifer Zander, Ajreea Johnson Scanlon asked if any applicants wanted to speak but no one did. Galloway moved that they consider all with a vote of one. The motion was seconded by Buchanan. Councilmembers discussed the applicants. Keren Gott was appointed with 6 votes as follows: Buchanan: Johnson Rienstra: Gott Boyle: Gott Elenbaas: Gott Galloway: Gott Scanlon: Gott Stremler: Gott This agenda item was APPOINTED. Appointed Keren Gott with 6 votes. 2. AB2026-221 Appointment to a vacancy on the Justice Project Oversight and Planning (JPOP) Committee, criminal legal system user, applicant(s): Cesar Luna Wha[com County Page 12 Printed on 412912026 Council Minutes - Final April 14, 2026 Buchanan moved and Rienstra seconded that the Council Appointment Requiring Introduction be APPOINTED. Councilmembers discussed the applicant. Buchanan's motion that the Council Appointment Requiring Introduction be APPOINTED carried by the following vote: Aye: 7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 3. AB2026-232 Appointment to a vacancy on the Planning Commission, District 4 or 5, Applicants: Lindsey Elenbaas, Gurdeep Bains, Jeremy Thompson Scanlon moved that they consider Lindsey Elenbaas and Jeremy Thompson with a vote of one (Gurdeep Bains withdrew earlier from consideration). The motion was seconded by Boyle. Elenbaas stated that Lindsey Elenbaas is his wife. Thompson was appointed with four votes as follows: Thompson: 4 - Galloway, Rienstra, Scanlon, and Boyle Elenbaas: 3 - Stremler, Buchannan, and Elenbaas This agenda item was APPOINTED. Appointed Jeremy Thompson with 4 votes 4. AB2026-235 Appointment to a vacancy on the Flood Control Zone District Advisory Committee, alternate member, Applicant(s): Brett Vande Hoef (Council acting as the Flood Control Zone District Board of Supervisors) Scanlon moved and Buchanan seconded that the Council Appointment be APPOINTED. Councilmembers spoke about the applicant. Scanlon's motion that the Council Appointment be APPOINTED carried by the following vote: Aye: 7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 5. AB2026-258 Appointment to a vacancy on the Lynden/Everson Flood Control Subzone Advisory Committee, Applicant(s): Brett Vande Hoef (Council acting as the Flood Control Zone District Board of Supervisors) Whotcom County Page 13 Printed on 412912026 Council Minutes - Final April 14, 2026 Scanlon ,moved and Galloway seconded that the Council Appointment be APPOINTED. Rienstra asked if there would be any overlap between the two committees the applicant would be appointed to (see AB2026-235). Elenbaas spoke about how the committees function. Scanlon's motion that the Council Appointment be APPOINTED carried by the following vote: Aye: 7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 6. AB2026-274 Appointment to a vacancy on Consolidated Drainage Improvement District 31 Board of Supervisors, Applicant(s): Glen Oostema Elenbaas moved and Rienstra seconded that the Council Appointment be APPOINTED. Councilmembers discussed why they are appointing the position. Scanlon stated he wants to make sure that applicant applying to the vacancy is clear on the length of the term. Elenbaas's motion that the Council Appointment be APPOINTED carried by the following vote: Aye: 7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 ITEMS ADDED BY REVISION There were no agenda items added by revision. INTRODUCTION ITEMS Cathy Halka, Clerk of the Council, stated Introduction item numbers 3 (AB2026-281), item number 7 (AB2026-288), and item number 8 (AB2026-291) are substitutes. Rienstra stated she would like to amend Introduction item number 8 (AB2026-291), so they will consider it separately. Scanlon stated they will also consider Introduction item number 7 (AB2026-288) separately. H%alcom County Page 14 PWnled on 412912026 Council Minutes - Final April 14, 2026 Scanlon moved to introduce item numbers 1-6 and 9-12. The motion was seconded by Buchanan (see votes on individual items below). 1. AB2026-209 Ordinance amending the 2026 Whatcom County Budget, request no. 7, in the amount of $23,290,457 Scanlon moved and Buchanan seconded that the Ordinance be INTRODUCED. The motion carried by the following vote: Aye: 7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 2. AB2026-275 Appointments to vacancies on the Whatcom County Ferry Advisory Committee, various positions, Applicant(s) Markis Dee Stidham, Corey Williams, Virgil Thompson, Jonathan King, Susan Hutton Scanlon moved and Buchanan seconded that the Council Appointment Requiring Introduction be INTRODUCED. The motion carried by the following vote: Aye: 7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 3. AB2026-281 Ordinance adopting Whatcom County Code Chapter 16.38, Source Control of Existing Development, to require the use of best management practices for stormwater pollution prevention within the Whatcom County, Washington Phase II Municipal Stormwater Permit Area Scanlon moved and Buchanan seconded that the SUBSTITUTE Ordinance Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote: Aye: 7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 4. AB2026-282 Resolution declaring Whatcom County Flood Control Zone District personal property, a single-family house, as surplus and approve sale (Council acting as the Flood Control Zone District Board of Supervisors) Scanlon moved and Buchanan seconded that the Resolution (FCZDBS) Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote: Aye: 7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 5. AB2026-284 Resolution declaring Whatcom County Flood Control Zone District personal property as surplus and approve sale (Council acting as Flood Control Zone District Board of Whatcom County Page 15 Printed on 412912026 Council Minutes - Final April 14, 2026 Supervisors) Scanlon moved and Buchanan seconded that the Resolution (FCZDBS) Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote: Aye: 7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 6. AB2026-286 Resolution declaring Whatcom County Flood Control Zone District personal property as surplus and to approve sale (Council acting as the Flood Control Zone District Board of Supervisors) Scanlon moved and Buchanan seconded that the Resolution (FCZDBS) Requiring a Public Hearing be INTRODUCED FOR PUBLIC HEARING. The motion carried by the following vote: Aye: 7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 7. AB2026-288 Ordinance submitting to the qualified voters of Whatcom County a nonbinding advisory proposition concerning a sales and use tax of one -tenth of one percent for criminal justice purposes THIS ITEM WAS CONSIDERED SEPARATELY BELOW. 8. AB2026-291 Ordinance amending Whatcom County Code Section 5.04.080, Emergency Medical Services (EMS) Oversight Board, and Section 5.04.085, EMS Technical Advisory Board, to change the membership of the EMS Oversight Board and the EMS Technical Advisory Board THIS ITEM WAS CONSIDERED SEPARATELY BELOW. 9. AB2026-292 Resolution amending the 2026 Flood Control Zone District and Subzones Budget, request no. 1, in the amount of $23,406 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) Scanlon moved and Buchanan seconded that the Resolution (FCZDBS) be INTRODUCED. The motion carried by the following vote: Aye: 7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 10. AB2026-295 Resolution authorizing the submission of three independent grant applications to the Brian Abbott Fish Barrier Removal Board to restore fish passage at the Black Slough and Homesteader culverts and to complete the final design and permitting of the Tinling Creek culvert project (Council acting as the Whatcom County Flood Control whatcom County Page 16 Printed on 412912026 Council Minutes - Final April 14, 2026 Zone District Board of Supervisors) Scanlon moved and Buchanan seconded that the Resolution (FCZDBS) be INTRODUCED. The motion carried by the following vote: Aye: 7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 11. AB2026-297 Appointment to a vacancy on the Public Health Advisory Board, Applicant(s): Michelle Gillig Scanlon moved and Buchanan seconded that the Council Appointment Requiring Introduction be INTRODUCED. The motion carried by the following vote: Aye: 7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 12. AB2026-300 Appointment to a vacancy on the Business and Commerce Advisory Committee, Marine Trades position, Applicant(s): Rex Rhoades Scanlon moved and Buchanan seconded that the Council Appointment Requiring Introduction be INTRODUCED. The motion carried by the following vote: Aye: 7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 INTRODUCTION ITEMS CONSIDERED SEPARATELY 7. AB2026-288 Ordinance submitting to the qualified voters of Whatcom County a nonbinding advisory proposition concerning a sales and use tax of one -tenth of one percent for criminal justice purposes Elenbaas stated they could do this and wait on implementing what they voted on earlier (AB2026-255). Kayla Schott-Bresler, Executive's Office, stated the executive is prepared to sign the ordinance that was adopted tomorrow morning. Buchanan moved and Galloway seconded that the Ordinance Requiring a Public Hearing be TABLED. The motion carried by the following vote: Aye: 5 - Boyle, Buchanan, Galloway, Rienstra, and Scanlon Nay: 2 - Elenbaas, and Stremler 8. AB2026-291 Ordinance amending Whatcom County Code Section 5.04.080, Emergency Medical Services (EMS) Oversight Board, and Section 5.04.085, EMS Technical Advisory Whatcom County page 17 Primed on 412912026 Council Minutes - Final April 14, 2026 Board, to change the membership of the EMS Oversight Board and the EMS Technical Advisory Board Elenbaas moved and Rienstra seconded that the (revised) SUBSTITUTE Ordinance be INTRODUCED. Rienstra moved to amend item ten in Exhibit A, to use the alternative language with the exception of changing the first word "three" to "two" so that it would read: Two community members appointed jointly by the County executive and Mayor of Bellingham, who have relevant work, educational or lived experience, including but not limited to, EMS, fire personnel or volunteer labor representative service providers or community members who reflect diverse perspectives and community representation. The motion was seconded by Galloway. Councilmembers discussed the motion. The motion to amend carried by the following vote: Aye: 5 - Galloway, Rienstra, Scanlon, Boyle, and Buchanan Nay: 2 - Elenbaas and Stremler Scanlon stated they would be voting on the revised substitute ordinance as just amended. Elenbaas's motion that the REVISED SUBSTITUTE Ordinance be INTRODUCED AS AMENDED carried by the following vote: Aye: 6 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, and Scanlon Nay: 1 - Stremler Motion approved 5-2, with Elenbaas and Stremler opposed to amend item number A(10) in Exhibit A so that it would read: Two community members, appointed jointly by the county executive and mayor of Bellingham, who have relevant work, educational, or lived experience including but not limited to EMS/Fire personnel or volunteer, labor representative, service providers, or community members who reflect diverse perspectives and community representation. Introduced the Revised Substitute Ordinance as amended COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES Whatcom County Page 18 Printed on 412912026 Council Minutes - Final April 14, 2026 ADJOURN Clerk's note: Galloway and Boyle had to leave the meeting since they were joining remotely from another time zone and the time was getting late. Councilmembers gave committee reports and updates on recent activities and upcoming events. The meeting adjourned at 10:05 p.m. The County Cqyfl>rjli4 pproved these minutes on April 2$, 2026. AI E$. -.:� °°.o ago A °°°��AiCp°.1 W14ATCOMCOUNTY COUNCIL O COUNTY °. V = WHATCOM COUNTY, WA -_ Cathy j-lalka:Covs ; lerC Kaylee Galloway, Council Chair Meeting Minutes prepared by Kristi Felbinger WhakoM County page 19 Printed on 4129/2OZ6