Whatcom County Council

**Council Member Donovan, on UGA development patterns:** "One of the things we've been talking about is for the areas that are potentially going to be UGA, is that get developed out at too low densities to be attractive for annexation." **Council Member Elenbaas, on enforcement approaches:** "I don't like that mindset. I think that if we treated the PIC program the way we did the HIP program, we would have a better outcome all the way around." **Council Member Byrd, final vote appeal to Opportunity Council:** "My request to you, as I leave and won't vote on this ever again, is that you champion that for me as well and for the rest of the community... help those people actually succeed. That doesn't mean the check box in the contract." **Austin Papritz, on downtown conditions:** "It is pathetic when I observe in the eyes of these citizens. Railroad is atrocious... This is extremely serious. And what is the plan and when?" **Dr. Garrett Jeffrey, on health board reform:** "If we ignor

# Whatcom County Council Says Goodbye to Two Members After Long Meeting on Housing, Public Safety On Tuesday evening, December 9, 2025, the Whatcom County Council held its final meeting of the year—and for two longtime council members, their final meeting altogether. The 2 hour and 45 minute session at the County Courthouse in Bellingham was marked by farewells, emergency weather declarations, heated debates over housing policy, and extensive discussion of contracts worth millions of dollars. ## A Night of Farewells Chair Kaylee Galloway opened the meeting by recognizing two departing council members. Todd Donovan, completing what Galloway initially said was 12 years of service (though there was some confusion over the exact number), and Tyler Byrd, finishing 8 years, received certificates of appreciation. "We just wanted to take a moment to recognize the both of you," Galloway said, adding that they could give farewell speeches at the end of the meeting. The departures weren't limited to elected officials. Deputy Executive Ali Panucci was also attending her last Whatcom County Council meeting before taking a new position in Seattle. "Just want to share my gratitude and appreciation for just the mountain you've moved in this county in the short time you've been here," Galloway told Panucci. ## Emergency Weather Declaration Panucci opened the executive's report with news of an emergency proclamation issued earlier that day. After the Sheriff's Office Division of Emergency Management reported severe winter storms, high winds, flooding, mudslides, and landslide risks across the county, the executive declared an emergency. "The current weather event last night had higher impacts for our area than we initially predicted," Panucci explained, "and from that we're seeing an increase forecast for increasing rainfall for the next couple of days, as well as river rise." The proclamation allows county departments to enter into emergency contracts and take swift action to protect public health and safety. Public Works planned to go into "sector watch" the following day, and residents would receive updates as conditions developed. ## The Accessory Dwelling Unit Debate The evening's most substantive policy debate centered on amendments to county zoning code to comply with new state regulations for accessory dwelling units (ADUs) and co-living standards. Council faced two versions of essentially the same ordinance, with different approaches to where multiple ADUs could be built. Council member Donovan moved first to approve AB 2025-812, which would require ADUs to connect to city utilities rather than relying on septic systems. His argument focused on urban growth areas (UGAs)—areas designated for future annexation by cities. "From what we've been hearing from other jurisdictions and their challenges about how UGAs might get built up before annexation, that as well intended as 838 is, it might make those things more challenging," Donovan said. Planning Director Mark Personius explained the technical concerns: allowing multiple ADUs on septic systems could create development patterns that make future urban densification difficult. "If you're going to do that on sewer, that's not such a big deal, but if you're gonna do it on septic, and you need to expand your septic, it becomes a big deal," he said. Property owners would face setback requirements and need reserve areas for multiple septic systems, potentially "using a lot of land for septic systems and reserve areas that you wouldn't need to when you were annexed in the future." Council member Ben Elenbaas pushed back against these concerns. "The requirements on septic will be a limiting factor," he argued. "So these things won't just be, like popping up willy nilly everywhere. If you try to adu it where you shouldn't be aduing and you don't have enough land or setbacks or or a functioning septic, you'll be denied." The technical discussion revealed the popularity of ADUs in Whatcom County. Planner Maddie Schacht, coming from current planning, said ADUs are "an extremely popular topic right now that people are very interested in. Almost all" of the daily calls and emails to the planning department are about ADUs. When the vote came, Donovan's version failed 2-5, with only Donovan and Buchanan supporting it. Council then approved the alternative version (AB 2025-838) by a 5-2 margin, allowing ADUs on septic systems with appropriate safeguards. ## Public Comment: Transit, Justice, and Housing The public comment period stretched for nearly an hour, with speakers addressing diverse issues from bus fare increases to jail construction to homelessness services. Multiple Western Washington University students spoke against proposed Whatcom Transportation Authority fare increases. Ethan Martez warned that doubling or tripling fares would force students to "pay $60 a month to ride the bus, which is unaffordable for anyone." Graduate student Will Zuber, who doesn't drive due to his low-income background, said the increases would make transit impossible for him. "I'd need to walk to my destinations. More I'd need to walk to get my groceries. I'd need to walk to get to school," he explained. The jail project drew criticism from two speakers. John Westerfield, calling himself the "Grinch," criticized a recent community meeting in Ferndale about the Justice Project, saying organizers shut down public questions and comments. "He said no, that if we had questions, we could ask those questions of the various stations, the various people posted around the room. In other words, he was not interested in any public comment or input," Westerfield recounted. He expressed frustration with the project's apparent focus on reducing incarceration rather than increasing jail capacity. "We have a crime problem in this county. We don't need to reduce incorporation. We need to increase incarceration," he declared. Austin Papritz, who cleans businesses downtown, gave a vivid account of street conditions, describing drug use, fights, excrement, and dangerous behavior he encounters regularly. "I deal with fentanyl users and unpredictable when I take out the garbage. Recycling is this fair?" he asked. Dr. Garrett Jeffrey, representing the Northwest Washington Medical Society with 430 physicians, spoke in support of restructuring the county Board of Health. The medical society voted unanimously to support creating a smaller, more focused board "composed of elected leaders and a few designated experts better able to make timely decisions on grounded evidence." ## Contracts and Spending Decisions The council worked through an extensive consent agenda with 40 items worth millions of dollars. Most passed without controversy, but several were pulled for separate consideration. ### The 22 North Housing Debate The most contentious was a $648,568 contract with Opportunity Council for on-site services at 22 North, the permanent supportive housing facility downtown. This generated a philosophical debate about measuring success in homelessness services. Council member Elenbaas, who has previously threatened to vote against 22 North funding, acknowledged some progress: "Less people have died from overdose deaths or otherwise in 22 North since that time. However, I'd like to see more change, so I'm going to try and affect that change by voting no on this funding." Mark Stremler expressed broader skepticism about the county's homelessness system. "I don't see the homeless community lessening. So I just, I have to wonder, is, is what we're doing? Are we just doing it? Because we do it, we just do it year after year. I just don't see the success that I think we all would like to see." Council member Scanlon offered a different perspective, noting that the popular Elk Street Tavern recently opened across from 22 North and is thriving. "It's packed," he said, suggesting the facility can coexist with successful businesses. In an emotional moment, departing council member Byrd spoke directly to David Foreman from Opportunity Council, who had given public comment supporting the contract. Byrd admitted he has voted against most Opportunity Council contracts over eight years, but this time would support it. "My last Council meeting, especially opportunity council for 22 north. I think you of all people know how much this specific project I dislike. I will be voting in favor of this," he said, asking Foreman to "champion that for me" and help residents "actually succeed." The contract passed 5-2. ### Immigration Enforcement Concerns Council member Scanlon raised concerns about Operation Stonegarden contracts—federal funding that flows through the county to cities for border security activities. He wanted assurance that participating agencies would comply with Washington's Keep Washington Working Act, which limits cooperation with federal immigration enforcement. Sheriff Donnell Tanksley joined the meeting by phone to address these concerns. He explained that the contracts already require agencies to "adhere to not only federal but all state and local policies" and specifically state that "participating agencies will not enforce title eight US immigration law." "I'm confident, not only with the sheriff's office, but as as I talked to other chiefs here in Whatcom County, that we're clear on what we can do and cannot do in terms of state law, which also includes the keep watching working act," Tanksley assured the council. With those assurances, the contracts worth over $100,000 combined passed unanimously. ### Other Controversial Items The Pollution Identification and Correction Program contract with Whatcom Conservation District generated debate from council member Elenbaas, who objects to what he sees as a punitive approach compared to the incentive-based programs offered to urban residents. "You have this negative connotation around all these dirty rural land owners that are polluting and we need to identify and correct it," he said, contrasting it with programs that "incentivize all of this stuff" for "urban dwellers." The $77,000 contract passed 5-2. A contract for Whatcom Racial Equity Commission administrative services passed more narrowly, 4-3, with $150,000 in funding. Chair Galloway thanked executive director Miriam Karamoko for her work, noting the funding "is a little less than we'd hoped for, but we'll keep working with you." ## Farewell Reflections As the long meeting wound down, members of the public offered tributes to the departing council members. Hannah Ortiz, who has attended meetings for five years, offered nuanced assessments of both. To Donovan, she said: "Oftentimes on the four three votes where I don't feel like I'm being represented, you're one of the ones voting on the four, but I appreciate... you've done some things last year that I do have to commend, some things that were out of the box that were unexpected for me to hear from you." For Byrd, she was more effusive: "I don't think we've appreciated you enough over the eight years that you've done this job... I really do think that you've tried your best to represent the people. You're probably the least partisan politician that I've met." The meeting concluded at 8:48 p.m., marking the end of an era for the Whatcom County Council as it prepares for new members and continued challenges in housing, public safety, and community services.

### Meeting Overview The Whatcom County Council met on Tuesday, December 9, 2025, for their final meeting of the year. This was the last meeting for Council Members Todd Donovan and Tyler Byrd, who were recognized for their years of service. The meeting focused primarily on routine business items and contract approvals, with significant discussion about accessory dwelling units and housing policy. ### Key Terms and Concepts **Accessory Dwelling Unit (ADU):** A secondary housing unit on a single-family residential property, such as a basement apartment, garage conversion, or small detached unit. The council debated two versions of regulations to comply with state requirements. **Urban Growth Area (UGA):** Areas designated for future urban development and eventual annexation by cities. The council discussed how ADU policies might impact future development patterns in these areas. **Operation Stonegarden:** A federal grant program that provides funding to law enforcement agencies along U.S. borders for enhanced border security operations and equipment. **Keep Washington Working Act:** State legislation that limits local law enforcement's cooperation with federal immigration enforcement, requiring compliance in any agreements with federal funds. **Permanent Supportive Housing:** Long-term housing assistance combined with intensive, coordinated services for individuals and families experiencing chronic homelessness, such as the facility at 22 North. **Pollution Identification and Correction (PIC) Program:** A county program that identifies pollution sources on rural properties and works with landowners to implement corrective measures, funded through partnerships with the Conservation District. **Inter-local Agreement:** A contract between different government jurisdictions (county, cities, state agencies) to share services, costs, or coordinate activities. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Kaylee Galloway | Council Chair | | Todd Donovan | Council Member (final meeting) | | Tyler Byrd | Council Member (final meeting) | | Barry Buchanan | Council Member | | Ben Elenbaas | Council Member | | Jon Scanlon | Council Member | | Mark Stremler | Council Member | | Aly Pennucci | Deputy County Executive (also final meeting) | | Mark Personius | Planning and Development Services Director | | Sheriff Donnell Tanksley | Whatcom County Sheriff | | David Foreman | Opportunity Council Chief Financial Officer | | Dr. Garrett Jeffrey | Northwest Washington Medical Society President | ### Background Context This meeting occurred during a significant transition period for Whatcom County government. Two long-serving council members were departing, and the Deputy County Executive was also leaving for a new position. The county was simultaneously dealing with immediate weather emergencies (flooding and winter storms) while addressing longer-term policy issues around housing, homelessness, and development patterns. The discussion of accessory dwelling units reflected ongoing tensions between state mandates for increased housing density and local concerns about development patterns in areas slated for future annexation. Meanwhile, federal immigration policy concerns influenced discussion of routine law enforcement grant agreements, showing how national political dynamics affect even local administrative matters. ### What Happened — The Short Version The council opened with recognition ceremonies for departing members and heard about a weather emergency proclamation. The main business involved two competing versions of new rules for accessory dwelling units. Version 812 would require ADUs to connect to city utilities, while version 838 would allow more flexibility. After debate about impacts on future development, the council rejected 812 and approved 838. During public comment, speakers addressed topics from jail capacity and downtown safety concerns to transit fare increases and racial disparities in incarceration. The council then worked through a long consent agenda of contract approvals, with some items pulled for separate discussion. Notable separate votes included funding for the 22 North supportive housing facility, the Pollution Identification program, and Operation Stonegarden law enforcement grants. Most items passed with little controversy. ### What to Watch Next - Implementation of the new ADU regulations and their impact on housing development patterns - The January 13, 2026 council meeting where delayed paramedic contract funding will be reconsidered - Upcoming WTA board meeting on transit fare increases that several speakers opposed - Follow-up on the Justice Project community engagement process that received criticism during public comment ---

**Q:** Who were the two council members serving their final meeting? **A:** Todd Donovan (after 10 years of service) and Tyler Byrd (after 8 years of service). **Q:** What emergency proclamation did the County Executive issue on December 9, 2025? **A:** A proclamation for severe winter storms, high winds, flooding, mudslides and landslide risks across the county. **Q:** What were the two competing accessory dwelling unit ordinances? **A:** AB 2025-812 (which required ADUs to connect to city utilities) and AB 2025-838 (which allowed more flexibility). **Q:** Which ADU ordinance did the council ultimately adopt? **A:** AB 2025-838, which passed 5-2 after AB 2025-812 failed 2-5. **Q:** What is the 22 North facility? **A:** A permanent supportive housing facility that provides on-site services to residents experiencing homelessness. **Q:** How much funding did the council approve for 22 North services? **A:** $648,568 for Opportunity Council to provide on-site supportive services. **Q:** What was Operation Stonegarden? **A:** A federal grant program providing funding to local law enforcement agencies for border security operations. **Q:** What law did Council Member Scanlon want referenced in the Stonegarden agreements? **A:** The Keep Washington Working Act, which limits local law enforcement cooperation with immigration enforcement. **Q:** How much did the council approve for the Whatcom Racial Equity Commission? **A:** $150,000 for administrative services through the Whatcom Community Foundation. **Q:** What did Dr. Garrett Jeffrey speak about during public comment? **A:** Supporting restructuring of the Whatcom County Board of Health to create a smaller, more focused board. **Q:** What concern did students raise about WTA? **A:** Proposed fare increases that would double or triple bus fares, making transit unaffordable for students and vulnerable populations. **Q:** What was the Pollution Identification and Correction (PIC) Program funding amount? **A:** $77,000 for technical assistance and cost sharing with the Whatcom Conservation District. **Q:** Which council member criticized the PIC program's approach? **A:** Ben Elenbaas, who said it had a negative connotation compared to incentive-based programs in urban areas. **Q:** What item was held until January 2026? **A:** AB 2025-854, eliminating funding for three lateral paramedic positions with the City of Bellingham. **Q:** Who was appointed to the Justice Project Oversight and Planning Committee? **A:** Cori Reece was appointed to the youth position, receiving 6 votes out of 7. **Q:** What did speakers criticize about the recent Justice Project community meeting in Ferndale? **A:** The format that prevented public questions and comments, described as disorganized and a "waste of money." **Q:** What racial disparity did the Racial Equity Commission report? **A:** Black and indigenous people were nine times more likely to be incarcerated than white people in Whatcom County. **Q:** How long was the total meeting? **A:** 2 hours and 45 minutes, ending at 8:48 p.m. **Q:** What was significant about Deputy Executive Aly Pennucci's participation? **A:** This was also her final council meeting before leaving for a new position. **Q:** What weather-related actions did Public Works plan? **A:** Going into "sector watch" due to updated rainfall forecasts and expected river rise. ---