Whatcom County Council Regular Meeting

Whatcom County Council Regular Meeting Tuesday, February 24, 2026

1. Meeting Basics

• All seven council members were present: Elizabeth Boyle (Chair), Barry Buchanan, Ben Ellenbos, Kaylee Galloway, Jessica Reinstra, John Scanlon, Mark Stremler
• Meeting held in hybrid format — in-person chambers with Zoom access
• Meeting ran approximately 3 hours and 4 minutes, from 6:01 PM to 9:05 PM
• Minutes from the prior meeting were approved 7-0 on consent

2. Key Agenda Items

South Fork Park Structures (AB 2026-165) This was the most contested vote of the evening. The county recently acquired the Carrasco property adjacent to Nesset Farm in the South Fork Valley, specifically to create a public trailhead connection between South Fork Park and the Nesset Farm heritage property. The acquisition was partially funded by an $884,000 RCO (Recreation and Conservation Office) state grant — but that grant requires demolition of the existing structures on the property as a condition of funding. Those structures include a residence, shop, barn, and yurt. The equestrian arena is excluded and will be retained. Parks Director Bennett Knox defended the demolition as consistent with the department's long-term plans and grant obligations. Three council members — Ellenbos, Buchanan, and Stremler — voted against, arguing the structures have real value and calling it fiscally irresponsible to demolish them while Sumas flood victims remain displaced. Four members — Scanlon, Boyle, Galloway, and Reinstra — voted in favor. The vote was 4-3.

Budget Supplemental and the New Charter Requirement AB 2026-145, a $1,804,963 budget amendment, was approved after the executive submitted a new certification required under a recently passed charter amendment. The amendment requires the county executive to certify that appropriations won't cause fund balances to go negative, and it requires the most recent quarterly financial report to be available before council can approve new non-grant spending. Because that report isn't available yet, three other budget ordinances — for Strawberry Point stormwater improvements, the Ferndale Senior Activity Center, and the courthouse building envelope — were postponed to the March 24 Finance Committee meeting.

Performance Audits Ordinance (AB 2026-040) The council has been considering a new ordinance establishing a formal performance audit program for county programs and departments. This is separate from the financial statement audits the county already undergoes annually. A performance audit evaluates whether programs are achieving their intended results efficiently and effectively. The ordinance was held while a three-member work group — Council Members Scanlon, Reinstra, and Ellenbos — develops recommendations. The goal is to have something ready before the fall budget season.

Advisory Committee Appointments The council appointed or confirmed six individuals to various advisory boards. The most procedurally complex involved the Flood Control Zone District Advisory Committee, where a late applicant (Samantha Doering) was considered alongside the original applicant (Brian Dykstra). The council voted 6-1 to suspend its normal rule requiring applications to be submitted at least seven days before the meeting, then unanimously appointed both to the two available vacancies.

3. Policy Background

RCW 70A (Growth Management Act) — Washington's main land use planning law, which governs urban growth areas, comprehensive plans, and county-level zoning decisions. Many items on this agenda relate to the county's GMA update process.

Urban Growth Areas (UGAs) — Designated zones where urban development is concentrated under Washington's Growth Management Act. Land outside UGAs is restricted from urban-density development. The Birch Bay and Nooksack UGA discussions both relate to whether certain parcels should be included inside or outside these boundaries.

RCO Grants — Grants from Washington State's Recreation and Conservation Office, which funds parks, trails, and conservation acquisitions. RCO grants often include specific conditions on how property must be developed or maintained.

Charter Amendment (2024) — Whatcom County voters passed a charter amendment requiring that budget supplementals be accompanied by the most recent quarterly financial report from the executive, and that the executive certify that fund balances will not go negative. This went into effect and was applied for the first time at this meeting.

Flood Control Zone District — A special purpose taxing district in Whatcom County responsible for flood mitigation infrastructure, levees, and related work. The council can sit as the Board of Supervisors of this district. The district's advisory committee provides policy guidance on flood management priorities.

42 USC 1983 — A federal civil rights statute that allows individuals to sue state or local government officials for constitutional violations. Several public commenters referenced this as a potential legal risk if jail conditions aren't addressed.

Pretrial Detention and CrR 3.2 — Washington's Criminal Rules for Superior Court include Rule 3.2, which governs pretrial release. The rule is intended to limit pretrial detention to cases where it is truly necessary for public safety. Several speakers argued the rule is not being applied properly, resulting in unnecessary jail overcrowding.

4. Informational Briefings

River and Floods Early Action Presentation (Public Works) Earlier in the day, Public Works staff presented on "river and flood early action opportunities" to the Public Works and Health Committee. The presentation described the county's current flood management situation on the Nooksack River system and outlined concepts for near-term and longer-term interventions. Multiple community members who listened to the presentation in real time expressed concern that while the diagnosis was thorough, no shovel-ready project is ready to execute this summer. Council Member Boyle and others confirmed they pressed staff on this point during the committee meeting.

Water Rights Adjudication (Y-R01) The Committee of the Whole received a presentation on the Y-R01 water rights adjudication — a legal process to determine water rights in the Nooksack watershed. Council President Boyle encouraged residents with questions to reach out to county staff and access technical resources.

Justice Project Scenarios The Criminal Justice and Public Safety Committee received a presentation from the executive's office and owners' representative on four potential scenarios for the Justice Project (jail/behavioral care center complex) scope and cost. No decisions were made; the committee requested more time at future meetings to fully evaluate the options before the April deadline.

5. Committee and Legislative Reports

Finance and Administrative Services Committee — Reviewed consent agenda items (approved 7-0), budget supplemental (approved 7-0), and three budget ordinances (postponed to March 24).

Public Works and Health Committee — Received the river/floods presentation and recommended the public health resolution (passed 7-0 by full council).

Criminal Justice and Public Safety Committee — Heard Justice Project scenario presentation; no action taken; requested more time.

Committee of the Whole — Discussed Y-R01 water rights, Nooksack UGA (preliminary support given), state legislative session update, performance audits ordinance (work group established), public safety sales tax discussion, and property acquisition authorization.

State Legislative Session (ends March 12, 2026) — County monitoring operating and capital budgets in both House and Senate. Executive requested $15 million in capital budget for flood mitigation; early indications are positive. County also tracking bills related to alternative response programs and foundational public health funding, both of which face potential cuts.

6. Key Terms and Concepts

• Urban Growth Area (UGA): A defined boundary within which Washington State law allows urban-density development. Outside the UGA, development is restricted to protect agricultural and rural land.
• RCO (Recreation and Conservation Office): A state agency that funds parks, trails, wildlife habitat, and farmland preservation through competitive grants. Grant conditions often dictate how acquired property must be used.
• Flood Control Zone District: A special purpose taxing district with authority over flood management infrastructure in Whatcom County.
• Performance Audit: An examination of whether a government program is achieving its goals efficiently and effectively. Different from a financial audit, which only checks whether financial statements are accurate.
• 42 USC 1983: Federal law allowing individuals to sue government officials for violating constitutional rights. Often used in cases involving jail conditions, police misconduct, or due process violations.
• Worthless (legal term): Under Whatcom County code, declaring county-owned structures "worthless" is the legal mechanism that authorizes their demolition. The word is required by code regardless of the structures' actual market or salvage value.
• CrR 3.2: Washington State criminal court rule governing pretrial detention and release. Intended to limit detention to cases involving actual public safety risk.
• Designated Crisis Responder (DCR): A mental health professional authorized under Washington's Involuntary Treatment Act to evaluate whether someone in mental health or substance crisis meets criteria for involuntary treatment or detention.
• Charter Amendment: A change to the county's foundational governance document, adopted by voters. Charter amendments have higher authority than county ordinances.
• Nesset Farm: A heritage farmstead in the South Fork Valley donated to Whatcom County by the Nesset family foundation, valued at over $2 million. Access was previously limited to an easement through a neighboring property.
• Y-R01 Adjudication: A legal proceeding to formally determine and allocate water rights in the Nooksack River watershed.
• DBH (Diameter at Breast Height): A standard measurement for tree size, used in tree protection ordinances to define what qualifies as a "landmark" tree.

7. Discussion Questions

1. The council voted 4-3 to demolish structures on the Carrasco property as required by an RCO grant. Was this the right decision given the fiscal and humanitarian context of the Sumas flooding crisis? What alternative approaches might the council have considered?
2. Multiple public speakers argued that the Whatcom County jail's overcrowding problem is a compliance failure, not a capacity failure. What evidence would you need to evaluate that claim, and how should it affect the Justice Project scope decisions?
3. The new charter amendment requiring quarterly financial reports before budget supplementals can be approved is intended to increase fiscal accountability. What are the potential unintended consequences of this requirement for the county's ability to respond to emergencies?
4. $750,000 was allocated from the Healthy Children's Fund on December 30, 2025 for flood-affected families with young children, yet 56 days later the money has not been distributed. What systems, processes, or accountability mechanisms should be in place to prevent this kind of delay?
5. Several speakers raised concerns about the county's Urban Growth Area boundaries, arguing that the mismatch between UGA designations and water district service areas leaves some property owners unable to use their land productively. How should the county balance agricultural land protection with property rights and housing needs?
6. The performance audit ordinance work group will need to determine how independent the auditors should be from both the executive branch and the council. Why does independence matter in performance auditing, and how might it be structured?
7. A public commenter advocated for night sky preservation in the comprehensive plan. How would you evaluate whether this is an appropriate use of land use planning authority, and what tools exist to address light pollution?
8. The council debated whether to accept late applications for the Flood Control Zone District Advisory Committee, raising questions about when it's appropriate to "suspend the rules." What principles should guide decisions about procedural flexibility?