Compiled by Barry MacHale
Action Taken at May 12, 2026 Meeting
Shall the council:
114. Authorize the executive to sign a $50,000 contract (amendment #3) with Cascadia Law Group of Seattle to provide legal consultation and representation services regarding State Environmental Policy Act (SEPA) procedures? The contract services are related to permit applications and SEPA appeals submitted by Petrogas. At the 9/10/2024 meeting, vote #236, council approved the original $100,000 contract. Petrogas is proposing to expand the transshipment of liquefied petroleum gas from the former Intalco aluminum pier. The purpose of the amendment is to add funding and extend the contract. The total amended contract is $200,000; it expires on 12/31/2026. (AB2026-347) Authorized 7-0
115. Authorize the executive to sign a not-to-exceed $200,000 contract with Ceterra Northwest of Bellingham to provide oncall construction materials testing and materials inspection? The contract covers material sample collection, on-site material inspection, the testing of concrete, hot mix asphalt, aggregates and other construction materials for various Whatcom County public works projects. The contract expires on 12/31/2026. (AB2026-348) Authorized 7-0
116. Authorize the executive to sign an $83,588 contract with Sustainable Connections of Bellingham to conduct a waste reduction program for large scale events? Sustainable Connections, in partnership with Perennial Zero Waste of Bellingham, will conduct an innovative waste reduction program for large-scale events, laying the foundation for a comprehensive, scalable solution to eliminate single-use waste at large events in Whatcom County. Single-use items negatively impact human health, safety, and the environment by creating microplastics and litter as well as contaminating waste, compost and recycling streams. The contract expires on 12/31/2026. (AB2026-349) Authorized 7-0
117. Declare personal property as surplus and approve a sale? (Public hearing held: Council acting as the flood control zone board of supervisors.) State law permits the sale of Whatcom County Flood Control Zone District property deemed to be surplus. The singlefamily house is located at 2096 Valley Highway in Acme and is located in a flood zone. There is a $500 minimum on the sealed bid process and the owner of the house will be required to move it to property that is located outside of frequently flooded and geohazard areas. AB2026-282 (Resolution 2026-015) Approved 7-0
118. Declare personal property as surplus and approve the sale? (Public hearing held: Council acting as the flood control zone board of supervisors.) State law permits the sale of Whatcom County Flood Control Zone District property deemed to be surplus. The singlefamily house and four barn buildings are located at 8134 Northwood Rd. in Everson and located in a flood zone. There is a $500 minimum on the sealed bid process and the owner of the house will be required to move it to property that is located outside of frequently flooded and geohazard areas. AB2026-284 (Resolution 2026-016) Approved 7-0
119. Declare personal property as surplus and approve the sale? (Public hearing held: Council acting as the flood control zone board of supervisors.) State law permits the sale of Whatcom County Flood Control Zone District property deemed to be surplus. The singlefamily house is located at 4773 Deming Rd. in Deming and located in a flood zone. There is a $500 minimum on the sealed bid process and the owner of the house will be required to move it to property that is located outside of frequently flooded and geohazard areas. AB2026-286 (Resolution 2026-017) Approved 7-0
120. Establish a preliminary planning budget cap, affirming governing commitments, and providing recommendations to the administration from the Whatcom County Council on the capital construction of the new jail and behavioral care center? At the 4/28/2026 meeting, the council approved 4-3, with Jessica Reinsert, Jon Scanlon and Elizabeth Boyle opposed, a motion that “the Whatcom County Council expresses preliminary support for a preliminary planning budget ceiling of $205 million for the jail and $34 million for the Behavioral Care Center ($20 million from the sales tax and $14 million from grants and state sources) as a framework for completing the programming exercise and not authorizing debt.” See the agenda bill on the council website for exhibits summarizing planning history, data, financing assumptions, and required future reports. AB2026-340 (Resolution 2026-018) Revised substitute amended and approved 5-2, Ben Elenbaas and Mark Stremler opposed.
121. Establish a Whatcom County Ferry District to fund and manage the Lummi Island ferry system? (Public hearing held.) State law allows counties to establish and impose a countywide ferry district. At the 7/24/2018 meeting, vote #118, the council approved a level of service for the Lummi Island ferry system, which included the creation of a ferry district. This ordinance establishes a countywide ferry taxing district. The exact levy amount will be set at a later date by the governing body of the district. The tax must be approved by a majority of countywide voters at a general or special election. AB2026-339 (Ordinance 2026-024) Adopted 5-2, Ben Elenbaas and Mark Stremler opposed.
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Action Taken at May 26, 2026 Meeting
Shall the council:
122. Authorize the executive to sign a $688,760 contract with the Bellingham Police Department for a funding commitment to maintain operations of the Alternative Response Team (ART) program? The ART team provides immediate behavioral health support for individuals who can safely be diverted away from law enforcement, fire, and emergency medical services. The contract expires on 6/30/2028. (AB2026-381) Authorized 7-0
123. Authorize the executive to accept a $1,546,981 state grant (amendment #1) to assist people who are experiencing homelessness or at imminent risk of homelessness to obtain or maintain housing? The state Department of Commerce grant has been provided to Whatcom County since 2012. This grant supports the priorities outlined in the Whatcom County Plan to End Homelessness. Services funded include: eviction prevention, street outreach, family emergency shelter, rental assistance, supportive services, and system coordination. The purpose of the amendment is to increase funding. The total amended grant amount is $20,366,072; it expires on 6/30/2027. (AB2026-382) Authorized 7-0
124. Authorize the executive to accept a $57,008 state grant (amendment #14) for various public health services? The amendment increases funding and revises the scope of work for programs addressing measles vaccination and maternal health. The original contract didn’t involve money; it was signed by the executive on 1/17/2025. The total amended amount is $11,286,805; it expires on 12/31/2027. (AB2026-385) Authorized 7-0
125. Authorize the executive to sign a $394,012 contract with Kulshan Community Land Trust to provide 18 units of permanently affordable homeownership units for households with low incomes? At the 9/9/25 meeting, vote #208, the council approved a grant of $350,000 for the LaFreniere Court townhome project from the the Economic Development Board. KCLT received an additional $44,012 from the Housing Affordable Through the Workforce program. The LaFreniere Court project is in the Birchwood neighborhood of Bellingham. It will include six buildings; four with two 3-bedroom and two 2-bedroom townhomes, and two with single-story 2-bedroom homes for individuals with disabilities. The homes will feature 99-year ground leases and equity caps and will be available to first-time homebuyers earning 80 percent or less of the area median income. The contract expires on 9/30/2028. (AB2026-386) Authorized 7-0
126. Authorize the executive to sign a $274,981 contract with Shea, Carr & Jewell dba SCJ Alliance of Lacey to provide flood mitigation planning for the City of Sumas? (Council acting as the flood control district board of supervisors.) This contract is funded with a $559,000 state grant. Planning activities for phase 1 include: project management, information gathering and review, promotion of public engagement and collaboration, and final reporting. The contract expires on 6/30/2027. (AB2026-387) Authorized 7-0
127. Authorize the executive to accept a $4,156,725 state grant for the elevation of 16 structures in flood-prone areas? (Council acting as the flood control district board of supervisors.) The Washington State Military Department grant is for properties located in Everson, Ferndale, Sumas, and unincorporated Whatcom County. At a workshop, homeowners will learn about the elevation process and the expectations and requirements for grant reimbursement. Consultant Black & Veach will ensure the elevation projects comply with the grant, and the Whatcom Long Term Recovery Group a will provide local project management assistance to homeowners throughout the elevation process.The grant expires on 4/5/2027. (AB2026-391) Authorized 7-0
128. Authorize the executive to sign a $1,250,229 contract (amendment #11) with Herrera Environmental Consultants to support the next phase of Lower Nooksack River Floodplain Integrated Planning? (Council acting as the flood control district board of supervisors.) The original $39,000 contract was approved in March 2018. The purpose of the amendment is to add funding to support the 2026-2027 planning period. The total amended amount is $4,248,598; it expires on 7/15/2027. (AB2026-392) Authorized 7-0
129. Authorize the executive to sign a $3,087,940 contract with Lake Whatcom Residential Treatment Center to support the development of 37 affordable rental units for adults with behavioral health needs? The Lincoln Street Studio project will include supportive housing services to promote recovery, community integration, and improved health outcomes. The contract expires on 5/31/2031. (AB2026-393) Authorized 7-0
130. Authorize the executive to accept an $817,000 state grant (amendment #1) for reimbursement of costs related to Nooksack water rights adjudication? The state Administrative Office of the Courts grant will fund the addition of two staff members working on the adjudication process, one in the court administration, one in the Superior Court clerk’s office. It will also support COLA increases and reclassifying existing positions to reflect needs of adjudication, interpreters, technology and evidence management and traveling court. The total amended amount is $2,538,200; it expires on 6/30/2027. (AB2026-394) Authorized 7-0
131. Authorize the executive to accept a $97,556 federal passthrough grant to enhance security and preparedness for the 2026 FIFA World Cup events from 7/4/25 through 8/31/2026? The U.S. Department of Homeland Security grant will fund the purchase of communications equipment, traffic control, and anticipated law enforcement overtime costs. The grant expires on 8/31/2026. (AB2026-398) Authorized 7-0
132. Authorize the executive to sign a contract (amendment #1) with the City of Bellingham to clarify eligible construction reimbursement methods for the Bear Creek Corridor Mitigation Bank Project? At the 10/8/2024 meeting, vote #277, the council approved the $1 million Economic Development Investment (EDI) grant. The contract language will be updated to use City of Bellingham staff and department vehicles to perform the project activities, instead of third party contractors, for reasons of technical complexity. The total contract remains $1 million; it expires on 12/31/2029. (AB2026-401) Authorized 7-0
133. Modify the reserve policy of the flood district fund to allow cost-share funding for levee repairs? (Council acting as the flood control district board of supervisors.) The estimate cost to repair the Ritter Road levee is $116,000 and to repair the Bylsma levee is $133,160. The U.S. Army Corps of Engineers will repair the levees damaged during the December 2025 flood event. (AB2026-418) Approved 7-0
134. Amend (request #3) the 2026 Flood Control Zone District and Subzones’ budget in the amount of $34,964? (Council acting as the flood control district board of supervisors.) Part of the Floodplains by Design agreement with the state of Washington was the acquisition of properties in flood prone areas. Staff was not able to complete several acquisitions that were included in the 2025 flood budget before the end of the year. This supplemental budget request is to move that budget authority to the 2026 budget so that these acquisitions can be completed. AB2026-373 (Resolution 2026-019) Approved 7-0
135. Appoint the county treasurer and finance director as the county representatives authorized to designate certain expenditures for reimbursement from future tax-exempt obligations? The county issues tax-exempt bonds, notes, and leases from time to time for the purpose of financing its activities. The U.S. Department of the Treasury has promulgated regulations limiting the ability of the county to use the proceeds of tax-exempt obligations for reimbursement of prior expenditures.The federal regulations, however, permit the county to appoint one or more officials for the purpose of identifying and qualifying capital projects for reimbursement purposes. AB2026-402 (Resolution 2026-020) Approved 7-0
136. Change the name of the Whatcom County Ferry Advisory Committee to the Whatcom County Ferry District? (Council acting as the ferry district board of supervisors.) At the 2/14/2012 meeting, vote #31, the Lummi Island Ferry Advisory Committee was created to provide review and recommendations to council and executive on issues that affect operations and infrastructure of the Lummi Island ferry service and to provide a forum for ferry users to provide their input. At the 10/10/2023 meeting, vote #283, the committe name was changed to the Whatcom County Ferry Advisory Committee. State law requires a new committee for the countywide ferry district. Membership requirements to insure representation for the countywide Whatcom County Ferry District will take place at a future date. AB2026-389 (Resolution 2026-021) Approved 7-0
137. Seek a state review of the greenhouse gas reduction subelement in the county Comprehensive Plan update? Within 10 days of adoption of the Comprehensive Plan, county staff is directed to submit the greenhouse gas reduction subelement application to the Washington State Department of Commerce for review. AB2026-390 (Resolution 2026-022) Substitute approved 7-0
138. Increase the petty cash revolving fund for the Parks and Recreation Department in the amount of $500? The need to provide change to visitors during the summer peak season requires that the total fund be increased to $4,500. AB2026-333 (Ordinance 2026-025) Adopted 7-0
139. Amend in the amount of $640,000 the project budget (request #1) for the Austin Court Stormwater Improvement Project fund? At the 4/23/2024 meeting, vote #116, the council approved the original $287,375 project budget to install a large filter vault to improve water quality by removing sediments and phosphorous from three acres of drainage from the Geneva neighborhood before entering Lake Whatcom. This request will fund the costs for final design engineering and construction engineering support, permitting fees, county staff time to project manage, inspect and provide survey work, and the associated construction contract costs through the completion of the construction project. The project is scheduled forconstruction in the summer of 2026. The total amended project budget is $927,375. AB2026-351 (Ordinance 2026-026) Adopted 7-0
140. Amend in the amount of $95,000 the project budget (request #1) for the North Commercial Street acquisition? At the 9/10/2024 meeting, vote #255, the council approved the original $1,628,000 project budget to acquire and upgrade the building at 400 N. Commercial for the IT Department. The purpose of the amendment is to add funding to repair existing water damage. The total amended project budget is $1,723,000. AB2026-353 (Ordinance 2026-027) Adopted 7-0
141. Amend in the amount $2,200,000 the project budget (request #11) for the New Public Health, Safety and Justice (jail) Facility? At the 1/29/2013 meeting, vote #22, the council established the original $406,470 budget for a new jail. This amendment will add funding for land acquisition and permitting costs at the 4160 Hennegan Road site as an alternate to the La Bounty site. The total amended project budget is $23,358,524. AB2026-355 (Ordinance 2026-028) Adopted 7-0
142. Amend the 2026 budget (request #) in the amount of $8,914,924? Appropriated: $121,000 to fund water adjudication; $1,300,000 to fund county youth mental health services; $2,871,903 to fund Lummi Nation uplands lease payment; $250,000 to fund Drayton Harbor landslide project; $1,500,000 to fund Truck Road emergency repairs; $640,000 to fund Austin Creek Stormwater improvements; $1,670,000 to fund an elevator replacement. There were 14 additional appropriations under $100,000 totaling $562,021. AB2026-369 (Ordinance 2026-029) Adopted 7-0
143. Amend in the amount of $2,871,903 the project budget (request #3) for the Lummi Nation Ferry Lease Fund? At the 11/22/2011 meeting, vote #197, the council approved, in exchange for the use of uplands through 2046, three installments totaling $6 million plus inflation. At the 6/14/2016 meeting, vote #101, the council approved $2 million and at the 11/19/2019, vote #270, the council added another $2 million to the fund. The total amended project budget is $6,871,903. AB2026-374 (Ordinance 2026-030) Adopted 7-0
144. Amend in the amount of $399,500 the project budget (request #2) for the central shop stormwater improvements project? At the 7/25/2023 meeting, vote #195, the council established the original $255,000 project budget to comply with the National Pollutant Discharge Elimination System corrective action to implement water quality improvement measures. At the 11/19/2024 meeting, vote #333, the council added $2,614,000 of expenditure authority. The purpose of this amendment is to add funding for construction bids. The total amended project budget is $3,219,000. AB2026-379 (Ordinance 2026-031) Adopted 7-0
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