Whatcom County Council Committee of the Whole

The flood presentation revealed significant progress in preparedness since 2021, including repairs to 17 key levees and revetments, advancement of six major capital projects, and acquisition of 22 high-risk properties through hazard mitigation programs. However, the December 2025 floods demonstrated that despite these improvements, fundamental solutions remain elusive. Council Member Scanlon emphasized the urgency of seizing current political opportunities, noting that the county's three legislators are in the majority and Governor and federal delegation have made commitments following recent visits. Council Member Elenbaas took a more pointed stance, arguing that planning is insufficient for residents who have flooded twice in four years and demanding that "all options be on the table," including sediment removal and other previously restricted approaches. The meeting's second major focus involved heated discussion over comprehensive plan environmental policies, particularly around "net ecological gain" standards that Council Member Elenbaas and County Executive Sidhu argued are driving up housing costs without meaningful environmental benefits. The debate reflected broader tensions between environmental protection and economic development, with Council Member Rienstra defending aspirational environmental standards while others argued for prioritizing human habitat over small-scale ecological protections. The council unanimously supported House Bill 2351 protecting emergency responders from interference during wildfire response, with Chair Galloway advocating for county engagement in state legislation. However, significant controversy emerged over a proposed resolution affirming immigrant rights, introduced by Galloway and Scanlon in response to recent federal immigration enforcement activities. The resolution sparked sharp division, with supporters citing community fear and constitutional obligations while opponents questioned selective application of law enforcement support and worried about escalating political tensions. #

**Motion Approved (5-2):** Support for House Bill 2351 protecting emergency responders from interference during wildfire response. Voted yes: Boyle, Buchanan, Galloway, Rienstra, Scanlon. Voted no: Elenbaas, Stremler. This authorizes Chair Galloway to advocate for the bill during its Friday public hearing, ensuring county emergency response incident command systems retain authority over operations. **Resolution AB2026-049:** Immigration rights resolution forwarded to evening council meeting without recommendation after extensive debate. The resolution affirms dignity and civil rights of all county residents regardless of immigration status and condemns enforcement activities on or adjacent to county property. Discussion revealed deep divisions among council members about appropriate county role in immigration enforcement issues. **Performance Audits Ordinance:** AB2026-041 will be introduced at evening council meeting, implementing voter-approved Charter Review Commission recommendation. Council expressed interest in hearing from former Charter Review commissioners about intent and financing expectations before final action. **Legislative Priorities:** Council confirmed support for county's three main legislative requests: behavioral health funding flexibility, ferry district statute revisions, and adjudication court staffing. Additional flood-related requests are being developed for state capital budget process with January 26th deadline. #

"The intent is to seek out people who are illegal people who are criminal everything was about criminals first right there are ways there are ways for to determine who are those people who are don't have papers and things they are targeting... have you seen anybody in last six seven months being pointed out when you say the people of color are targeted have you seen the other way around how can you prove that people of color are not targeted" **Council Member Ben Elenbaas, on flood planning versus action:** "To those folks like Jessica who flooded in 21 and flooded in 25, like planning's not good enough for them right now. They wanna know what we're gonna do this summer. And I think we probably better have a good answer for that." **Public Works Director Elizabeth Kosa, on flood management approach:** "We are in agreement holistically that all options are on the table. There's not something we're going to have closed eyes on. We're open to all options. We're discussing things like setbacks, revetments, whiting of the funnel, berms." **Council Member Jessica Rienstra, on personal flood experience:** "My house was flooded in 21 and again in 25... in 2021, I woke up at 2 a.m. to my home flooding. In 2025, I had more than a day to get sandbags, to get prepared. We had firefighters going door to door in our neighborhood, making sure everybody, you know, knew what the risk was" **Council Member Jon Scanlon, on political opportunity:** "We have a moment, and we should take advantage of it... those moments vanish, right? The next disaster comes. The governor could have something else on his agenda. Congress could have something else on their agenda. Who knows what the president's going to do tomorrow" **Sheriff Donnell Tanksley, on community partnership:** "This was an all-hands-on-deck, and it will be. Unfortunately, our community has gotten too used to doing this... just know, it's just not us in this room that's helping. It's people all around the county and in other areas." #

# Whatcom County Council Faces Flood Recovery, Legislative Priorities, and Immigration Rights in First 2026 Meeting ## Meeting Overview Council Chair Kaylee Galloway called the Whatcom County Council Committee of the Whole to order at 1:43 p.m. on Tuesday, January 13, 2026, with all seven council members present in a hybrid meeting format. The meeting opened barely a month after devastating December floods struck the county for the second time in four years, setting the tone for discussions dominated by emergency response, recovery efforts, and ongoing policy challenges. The afternoon session covered flood preparedness presentations, comprehensive planning updates, legislative strategy, and concluded with a contentious debate over a resolution affirming immigrant rights—reflecting the complex intersection of local governance, state politics, and federal immigration enforcement that has increasingly defined municipal leadership in 2026. The meeting demonstrated how natural disasters continue to reshape local priorities, with flood response consuming significant council attention while routine governance work like comprehensive planning updates proceeded alongside more polarizing policy debates. The hybrid format allowed for broad participation as the county continues adapting to post-pandemic meeting structures while addressing both immediate recovery needs and long-term resilience planning. ## Flood Response and Recovery: "All Options Are on the Table" The meeting's centerpiece was a comprehensive presentation on flood preparedness and response from multiple county departments. Elizabeth Kosa, Public Works Director, opened by clarifying this was "not a formal after-action report" since "the response is ongoing and active as we speak right now." Instead, she offered a summary of key milestones since the devastating 2021 floods and initial information about the December 2025 response. Kosa outlined significant infrastructure investments made since 2021, including repairs to 17 key levees and revetments, completion of six major levy and capital projects with state and federal funding, and the Nooksack River Side Channel Enhancement Pilot Project completed in 2022. Through the Hazard Mitigation Assistance Program, the county has acquired 22 high-risk properties, relocated one home, and is in the process of elevating 10 more homes, though the program remains "pending state and federal funding" with families still waiting for FEMA director signatures. Sheriff Donnell Tanksley provided a comprehensive acknowledgment of response partners, emphasizing the collaborative nature of flood response. "I do want to acknowledge the grief that families have had, not only families but family members, the other volunteers, all the workers," he said, noting that many people affected by floods are also working for agencies and utilities involved in response. His list of thanks spanned local governments, law enforcement, fire districts, tribal partners, state agencies, and federal entities including U.S. Customs and Border Protection, whose Air and Marine Unit conducted crucial rescue operations. "Those are cops out there helping that person and that farmer that came in," Tanksley emphasized, highlighting a significant tractor-trailer rescue on Badger Road. "Those are cops doing that." His remarks underscored the multi-jurisdictional nature of emergency response while acknowledging community-based support from businesses, churches, nonprofits, and Western Washington University's Small Business Development Center. Matt Klein, Deputy Director of Emergency Management, detailed preparedness improvements since 2021, including the purchase of six sandbag machines, six shelter and response trailers, variable message board signs, and floodgates through Department of Commerce grants. Local funding supported additional swift water rescue equipment and training, allowing deployment of more resources to more locations during the December response. Klein described enhanced coordination efforts, including an approved debris management plan and identification of a county-owned property on Goodwin Road for debris transfer, though funding for site development remains a need. The presentation broke down the 2025 flood response into four periods: lead-up and coordination, immediate response, debris management and damage assessment, and transition to recovery. The Weather Service initially predicted minimal impacts for Whatcom County while other areas faced severe weather, Klein explained. "As we now know, that was not the case." Predictions changed by December 8th, prompting an emergency proclamation signed December 9th and activation of the Emergency Operations Center. "We were able to pre-stage resources, apparatus, and search and rescue personnel in Everson, Nooksack, and Sumas so that they were there ahead of the floodwaters instead of trying to get personnel and boats into floodwater," Klein reported. This advance positioning proved crucial, as fewer people required rescue compared to 2021 due to better advance notice and community memory of the previous disaster. Randy Rydel, Finance Director, detailed the fiscal response, noting finance staff provided "real-time guidance on emergency contracting and procurement" from the Emergency Operations Center. The emergency order allowed bypassing typical procurement processes while maintaining accountability for potential FEMA reimbursement. Solid Waste and Environmental Health Director Sue Sullivan quickly identified public health needs and $2 million in emergency contingency funding. Total contracts numbered about 12, ranging from $1.2 to $1.6 million for debris management and hazardous waste removal. County employees recorded 4,100 hours of flood emergency work, with the Sheriff's Office and Emergency Management accounting for 1,400 hours and the Health Department contributing 1,360 hours. Overtime wages totaled approximately $71,000 beyond typical fiscal year expectations. The presentation concluded with next steps including FEMA processes, damage assessments, suspended permit fees for flood-related emergency permits through December 31st, and preparation for substantial damage determinations. A comprehensive after-action report will follow in February or March, coordinated with the FLIP (Floodplain Integration Planning) team's solutions recommendations. Council discussion revealed both urgency and political opportunity. Council Member John Scanlon highlighted timing considerations: "We have such a big opportunity here, and just today from Senator Shoemake's office, we got the form for putting in budget provisos. That's due January 26th." He emphasized the advantageous political positioning with three legislators from the 42nd district in the majority and gubernatorial support following recent visits. "We need to take advantage of that," Scanlon continued. "We've got some time now to put some things in there... whether it is the widen the funnel concept, whether it is the ring dykes for Everson and Nooksack, let's get that in this session." He also noted federal delegation opportunities with senior representatives who "know how to work with their colleagues and get things done." Council Member Jessica Rienstra provided personal testimony about the improvements between flood responses. "My house was flooded in 21 and again in 25," she shared. "In 2021, I woke up at 2 a.m. to my home flooding. In 2025, I had more than a day to get sandbags, to get prepared. We had firefighters going door to door in our neighborhood." She noted many service workers were simultaneously having their own homes flooded while continuing to respond. Council Member Ben Elenbaas pushed for more aggressive action beyond planning. "Planning's not good enough for them right now," he said, referring to residents like Rienstra who flooded twice. "They wanna know what we're gonna do this summer. And I think we probably better have a good answer for that." He criticized assumptions limiting options and called for exploring "all solutions that we can," including adjudication and flooding as interconnected issues requiring comprehensive coordination between jurisdictions and tribal partners. "If you think adjudication and flooding are separate issues, you're wrong," Elenbaas stated. "I think that there are going to be massive opportunities in a mediated settlement type of situation where we can address these things and get funding and have that coordination and political will to move it forward." Council Member Mark Stremler echoed calls for improved communication and different approaches. "I think we should also do different because what we have been doing as far as managing that river hasn't been working," he said, requesting regular public updates and asking about current management discussions. Director Kosa responded affirmatively: "We are in agreement holistically that all options are on the table. There's not something we're going to have closed eyes on. We're open to all options. We're discussing things like setbacks, revetments, whiting of the funnel, berms." She acknowledged communication as "an area of opportunity for improvement" and described work on a master communication plan to "keep people updated in the way in the forms that resonates with them." ## Comprehensive Planning: Environmental Standards and Development Tensions Director Mark Personius from Planning and Development Services provided an update on the comprehensive plan revision process, noting nine of eleven chapters have been forwarded to council, with the environment chapter presented today and the critical land use and housing chapters scheduled for Planning Commission final hearing January 22nd. The review revealed ongoing tensions over environmental standards versus development flexibility. Council Member Elenbaas questioned whether "net ecological gain" language had passed at the state level, expressing concern about creating standards that "hinder our ability to have the human environment thrive or our economic opportunities thrive." "I'm not opposed to ecological gain. It's just by what definition do we meet the standard," Elenbaas explained, using analogies of golf courses being "heaven" to Canadian geese and clear cuts providing "abundance of food" to deer. His concern centered on regulatory overperformance: "We try very hard to overperform in the regulatory sense... it reaffirms to me that maybe that's why we do it, because we have language in our comp plan that is guiding people to say that we're going to go above and beyond." Executive Satpal Sidhu supported Elenbaas's concerns about wetland mitigation challenges. "Net ecological gain becomes a paper exercise, how we look good on the paper. You cannot take a one housing lot and try to make net ecological gain by mitigation. It will cost tens of thousands of dollars," Sidhu said. He advocated for larger-scale approaches: "If we have a county divided in widths, if we say net ecological gain in a width, and we can take a 200 or 400 or 500 acre wetlands and enhance that and not keep harping on 400 square feet... 4,000 square feet, cost tens of thousands of dollars." Council Member Rienstra defended net ecological gain concepts, citing Washington State Academy of Sciences work concluding that "no net loss standard has not been an effective tool for achieving functioning ecosystems." She argued for maintaining aspirational language: "I think to Council Member Elenbaas' point about creating space to be aspirational in our comprehensive plan is an important process... I would sort of encourage us to think boldly and retain some of the language in here that talks about net ecological gain." The debate highlighted fundamental tensions between environmental protection and affordable housing. Elenbaas argued for prioritizing human needs: "I also don't really care about net ecological gain in the middle of a housing development... at some point we're going to wake up to that, and I hope it's sooner than later." He supported ecological standards "in a national park... or in a forested slope or areas where that's the primary purpose. But in the ag zone or in a neighborhood, the primary purpose is rural living or the primary purpose is producing food." Director Personius clarified that net ecological gain conversations have "shifted away from requiring it of private property owners and now possibly requiring it for future public projects" due to legal issues. He described ongoing efforts to develop "off ramps for folks to can do off site mitigation maybe faster" through government-sponsored wetland banks, though acknowledging the city of Bellingham's wetland bank "took I think a decade to get through all the state and federal hoops." The discussion also addressed flood-related planning concerns. Council Member Scanlon noted conversations with mayors reconsidering development proposals in flood-prone areas, particularly in Everson where housing plans might conflict with proposed ring dike locations, and in Sumas regarding expansion to higher western ground despite previous Growth Management Act concerns. ## Legislative Strategy: Federal Bills and State Priorities The legislative session update revealed active engagement on multiple fronts. Jed Holmes from the County Executive's Office outlined challenges including a "$2.3 billion zombie deficit that keeps on coming back to life" and the county's three major legislative asks: flexibility on a behavioral health grant, ferry district statute revisions, and court funding for water rights adjudication. Holmes described intensive coordination on flood-related requests: "We've been doing a lot of interagency work that includes coordinating with Skagit County and Snohomish County to try to figure out what our common asks might be." The state will submit a major disaster declaration request January 21st, with local letters of support planned for the next council meeting. Chair Galloway provided extensive details on Washington State Association of Counties (WSAC) activities, describing her role on the Legislative Steering Committee with biweekly in-person Olympia meetings alternating with Friday noon virtual sessions. She presented WSAC's legislative priorities document and bill tracker, emphasizing expectations for unified county positions on supported issues. The meeting's most substantive legislative action involved House Bill 2351, addressing emergency response interference. Galloway explained the bill originated from Thurston County Commissioner Wayne Fournier's frustration with the Bear Gulch fire incident, where "incident command was interrupted and it affected their sort of ability to respond to the emergency." Council Member Scanlon provided crucial context: "Someone where there was federal law enforcement agencies had questions about an individual and in an active wildfire response, they went and took someone. So the team on the ground, including the chief in charge, was like WTF guys like we're fighting a fire. Like, can you wait or at least give me a heads up?" The bill expands interference protections beyond law enforcement to include all emergency responders and requires people to check in with incident command to disclose identity and purpose unless actively responding. Scanlon moved to support the bill, noting its relevance given growing wildfire risks and the possibility of non-citizen firefighters facing detention during active responses. Council Member Elenbaas opposed, questioning resource allocation: "How do we feel that this is something that our council needs to spend time and political will on? How does this affect a first responder in Whatcom County, say a 106 firefighter?" He later added: "I echo my concern with the amount of time and energy that we're putting into a problem that's probably not a large problem." The motion passed 5-2, with Galloway authorized to sign in pro or testify at the bill's Friday public hearing. ## Performance Audits: Implementing Charter Amendment Council Legislative Analyst Kirsten Smith briefed members on implementing the Charter Review Commission's performance audit recommendation. "Eight of those were passed in November," Smith explained regarding charter amendments. "Of all the eight, one requires a piece of legislation, and that's what you have before you." The Charter Review Committee designed the system to be cost-effective by assigning audit functions to the council through contracted auditors rather than creating a separate office. "They purposefully left the ordinance basic so that you could operate within the language so that it would give you more opportunity to determine what you want the process to look like," Smith said. Discussion revealed uncertainty about scope and frequency. Council Member Elizabeth Boyle asked about "intended cadence," noting the "as needed" language suggested waiting "until there's a problem." Council Member Rienstra countered that audits should occur "prior to having a problem...to catch any maybe missteps before they become more of a sentinel event" and to identify successful practices for broader application. Executive Sidhu raised fundamental questions about scale and expectations. "When they say working efficiency of Whatcom County government. When I read that word to me, it becomes we have five or six large departments, maybe several other 20 some other pieces off the government," he said. "Are we? The intent was to look at each department every two years or some departments and some other every two years." Funding emerged as a significant concern. Council Clerk Cathy Halka stated: "We don't have funds in the budget for this particular task. So it would be that the council would decide they want to perform an audit and then we would have to do a budget supplemental, supplemental budget request." Council Member Scanlon suggested incorporating costs into the biennial budget process and noted potential coordination with the county's strategic plan development, which includes metrics that could inform performance measurements. The council agreed to invite former Charter Review Commissioners to discuss intent and frequency at the January 27th meeting. ## Immigration Resolution: Values, Fear, and Federal Enforcement The meeting concluded with contentious discussion of a resolution affirming immigrant rights, added to the agenda by revision following recent federal immigration enforcement incidents. Chair Galloway and Council Member Scanlon co-sponsored the resolution, describing community fear and the need for local leadership. "This past year and some has been a really difficult time for our community here locally and across the nation," Galloway said. "We hear the stories of a fear of just the impact it's having on kids and families on businesses on schools communities of color... we have citizens who are now carrying around their passports and afraid to access basic needs because of fear of interactions with law enforcement at all levels." She referenced recent "fatal incidences involving ice activities" involving citizens, some "practicing their first amendment right to protest" who "didn't deserve to die." The resolution aims to "maintain a safe inclusive and welcoming community doubling down on our commitments to human dignity and rights." Council Member Scanlon shared personal perspectives: "I am the descendant of immigrants... I have lived abroad I have worked abroad... as an immigrant... in other countries and I have been welcomed in those places... and I welcome my neighbors and I want us to be a welcoming community where we support each other." He also described local incidents: "I heard a story about a tribal member who got pulled over and was profiled and then started to have to say to their kids hey make sure you have your tribal ID on you because we might look a certain way." Scanlon noted the complexity of federal enforcement, praising CBP officers as "heroes" during recent floods while criticizing "other federal law enforcement officers wearing masks not identifying themselves." Council Member Elenbaas strongly opposed the resolution, questioning whether it changes current county practices and criticizing its approach. "What I see with this is is selective selectively protecting the constitution selectively protecting vulnerable individuals... I see a lot of hypocrisy in what we're doing here," he said. Elenbaas argued the resolution creates false implications: "There's an insinuation here that if you don't agree with what's written like if you if you agree that we should be enforcing our immigration laws... that you're a racist." He shared personal trauma from an unvetted visitor to his home, asking: "Where's our outrage for that?" "Every country has borders every country has immigration laws every country enforces those," Elenbaas continued. "Do I like the way we're doing it no and I'd love to have a conversation on how we can do it better but again is that our purview in Whatcom County." Council Member Stremler raised concerns about language and evidence. "I see a lot of I think personal opinion spread through this whole document," he said, questioning claims that "immigration enforcement activities have targeted communities of color" and asking "can somebody prove that to me or is that an opinion." He specifically objected to language condemning enforcement activities "on or adjacent to county property," noting county ownership of scattered properties: "If we're gonna say county property or adjacent... I don't see how that fleshes out... how can we say adjacent property when there's a gravel pit out on Willey's Lake Road and there's adjacent property surrounding that county property." Council Member Rienstra supported the resolution from a constitutional perspective. "I just took my oath of office my oath to the constitution I'm here to ensure that we're standing up against dehumanizing acts for our constituents and our residents ensuring that I'm fighting as hard as I can for liberty and for justice and to fight for a more perfect union," she said. Executive Sidhu provided personal testimony about community impact. "There were some people in my community not not in Whatcom County but there were two cases in Whatcom County also who were targeted just because the way they look like they were asking for their papers," he said, describing citizens detained for days before release. Sidhu criticized enforcement methods: "Have you heard that a guy from England is not an illegal alien have you heard that yes there are people who are from England who are from Germany who are from South Africa who are from Poland who are from Hungary they had also crossed the Mexican border and living in the United States illegally have you seen anybody in last six seven months being pointed out." He described community fear: "People have not gone to attend weddings people have not gone to attend their funerals they are afraid that if I go to India I will never come back... people are not traveling on airplane from one state to another state I have examples they come and ask me shall I carry my passport every day." The executive concluded with strong imagery: "We have Taliban's right in our community with no faces only eyes showing just because they have a gun and a government document." ## Closing and What's Ahead The meeting adjourned at 4:30 p.m. with the immigration resolution forwarded to the evening council meeting without recommendation, reflecting deep divisions among council members. The session demonstrated how local government continues grappling with intersecting challenges of disaster response, environmental protection, economic development, and federal policy implementation. The flood presentation established ongoing recovery as a multi-year process requiring sustained coordination and funding, while the comprehensive planning discussion revealed continuing tensions between environmental protection and development pressures. Legislative priorities showed the county actively pursuing state and federal opportunities, though disagreements emerged over resource allocation and political positioning. The immigration resolution debate highlighted fundamental philosophical differences about local government's role in addressing federal policy impacts, with council members expressing competing values around safety, enforcement, constitutional rights, and community inclusion. Upcoming meetings will continue flood recovery planning, comprehensive plan finalization, Charter Review Commission consultation on performance audits, and potential action on the immigration resolution—all reflecting the complex interplay of immediate crisis response, long-term planning, and political leadership in local government.