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Whatcom County Council

WHA-CON-2025-06-10 June 10, 2025 Whatcom County Council Regular Whatcom County
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The Whatcom County Council conducted a substantive meeting covering infrastructure modernization, water rights litigation, homeless services funding, and public ethics concerns. The most significant action was unanimously approving an ordinance allowing 230-kilovolt power lines in zones previously limited to 115 kilovolts, representing a major shift toward grid modernization. Council Member Kaylee Galloway led this effort with support from Puget Sound Energy and the Public Utility District. The meeting also featured a contentious discussion about public ethics after a speaker admitted to recent criminal activities during open session. Council members debated their authority to remove appointees from advisory committees, with legal counsel providing guidance on removal procedures and First Amendment protections. A significant portion of the consent agenda involved authorizing over $5 million in contracts for developmental disability services and homeless shelter operations. However, Council Member Ben Elenbaas objected to funding water rights litigation, arguing it creates inequity by using taxpayer dollars to compete against citizens who cannot afford legal representation. The council introduced budget amendments totaling over $18 million, strategically separating behavioral health funding from other homeless services to allow for additional review. They also tabled an appointment to the Open Space Advisory Committee due to residency and qualification concerns.

**AB2025-381 - Power Line Voltage Ordinance:** PASSED 7-0. Increases allowable voltage from 115 to 230 kilovolts. Council followed staff recommendation. Enables grid modernization and supports economic development. **AB2025-378 - Verizon Easement:** PASSED 7-0. Approves sale of easements at 3645 East McLeod Road. No public comment received. Routine property transaction. **AB2025-429 - Water Rights Legal Defense:** PASSED 5-2 (Byrd, Elenbaas opposed). Authorizes $300,000 for Cascadia Law Group to defend county water rights. Staff recommended approval. Elenbaas objected to taxpayer-funded litigation against citizens. **AB2025-379 - Flood Control Budget Amendment:** PASSED 6-1 (Elenbaas opposed). Amends budget by $445,550. Includes water rights litigation funding,…

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**Grid Modernization:** The 230-kilovolt ordinance generated discussion about Whatcom County being the only jurisdiction prohibiting such infrastructure. Mike Kaufman, a long-time observer, provided historical context dating to 1989 Puget Sound Energy conflicts. He supported modernization but urged vigilance about AI and large industrial energy consumption potentially competing with residential needs. Lance Calloway from Associated General Contractors emphasized economic benefits and clean energy transition support. **Water Rights Adjudication Equity:** Council Member Elenbaas raised fundamental concerns about the water rights adjudication process, arguing taxpayer-funded legal defense creates inherent inequality when citizens compete for finite water resources without equal legal representation. He called the process "so wrong and so flawed on so many levels" and suggested no parties should have legal representation to level th…
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**Mike Kaufman** (longtime utilities activist): Supported grid modernization after decades of opposition, but warned about AI and large industrial users potentially driving up rates for residents. Suggested emergency moratorium on large power consumers. **Lance Calloway** (Associated General Contractors Northern District Manager): Strongly supported 230-kilovolt ordinance, emphasizing economic development benefits, job creation potential, and clean energy transition support. **Adam Bellinger**: Reported research showing doubled overdose deaths in housing programs 2022-2023, advocated for better treatment interventions and Involuntary Treatment Act utilization. **Daniel Harm**: Promoted NCS proviso funds for forest conservation, specifically Upper Redd sets forest. Announced documentary project on ecological forestry in Pacific Northwest. **David Foreman**: Supported DVSAS and YWCA contracts (AB2025-433, 435) for domestic violence and shelter services, noting state funding source. **Parneet Kaur**: Admitted to recent theft and vandalism, advocated for civil disobedience prioritizing human …
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**Council Member Donovan, commending grid modernization effort:** "I would like to commend council member Galloway for working with PSC energy and revisiting our code and some of this old language to update this to advance grid modernization." **Council Member Elenbaas, on water rights litigation:** "I'm taking people's tax dollars to fund lawyers to defend the county's position, which is directly competing with every citizen involved in this lawsuit." **Mike Kaufman, on energy priorities:**…
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**June 16, 10 AM:** Deadline for comprehensive plan Chapter 1 amendments to be submitted to staff. **June 17:** Council community conversations at Blaine Library (2-4 PM) and Ferndale Library (5-7 PM) featuring rotating council members. **June 24:** Committee of the Whole meeting for comprehensive plan Chapter 1 amendment consideration using rapid-fire process. **July 10:** Community conversation in Lynden as part of district-by-district outreach series. **Next few weeks:** Budget amendments AB2025-451 and AB2025…

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The county now permits 230-kilovolt power lines in previously restricted zones, representing the most significant utility infrastructure policy change in decades. Andrew Patterson joins the Solid Waste Advisory Committee, providing the citizen representative position that had been vacant. Budget consideration process fundamentally shifted with separation of behavioral health funding from homeless services appropriations, allowing targeted review while protecting critical housing programs from delays. Water rights litigation funding continues despite philosophical opposition, maintaining county's legal position in ongoing adjudication while highlighting equity concerns about taxpayer…
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The Whatcom County Council met on Tuesday evening, June 10, 2025, in a hybrid format that allowed both in-person and remote participation. Council Chair Kaylee Galloway called the meeting to order at 6:01 p.m. with all seven members present: Mary Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Kaylee Galloway, Jon Scanlon, and Mark Stremler. What began as a routine evening quickly evolved into a meeting that touched on everything from power grid modernization to the ethics of public comment, from ferry funding debates to the surprising discovery of Whatcom County's antiquated dancing laws. ## Meeting Overview The agenda covered significant infrastructure decisions, including power line voltage increases and Verizon easements, alongside routine business like developmental disability service contracts and budget amendments. But it was during the public comment period that the meeting took an unexpected turn, leading to a lengthy discussion about the boundaries of free speech and the responsibilities of appointed officials. ## Verizon Easement and Power Grid Modernization The council began with two public hearings, both passing unanimously and without controversy. The first authorized the sale of easements to Verizon Wireless on county property at 3645 East McLeod Road. With no public testimony, the matter moved swiftly through approval. The second hearing proved more substantive: an ordinance amending county code to increase allowable power line voltage from 115 to 230 kilovolts in certain zones. This technical change represented a significant step toward grid modernization, drawing two speakers who offered contrasting perspectives on the implications. Mike Kaufman, a 73-year-old activist who had spent decades following power issues in the county, provided historical context. He recalled fighting a 1989 Puget Sound Energy proposal for a 230-kilovolt corridor that would have bisected his five-acre property. "I've been following this power and utilities since 1989," Kaufman told the council, describing how the county had passed what he believed was the world's first citizens' initiative limiting such power transmission. Despite his historical opposition, Kaufman expressed support for the current proposal: "We have to modern our grid." Lance Calloway, representing …
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### Meeting Overview The Whatcom County Council met on Tuesday, June 10, 2025, for their regular meeting in hybrid format. The meeting focused on electric utility modernization, water rights litigation, housing services funding, and various contract approvals, with significant public comment on diverse community issues. ### Key Terms and Concepts **Substitute Resolution/Ordinance:** A revised version of legislation that replaces the original version, often incorporating amendments or corrections made during committee review. **230 Kilovolts:** A higher voltage electrical transmission level that allows more efficient power delivery than the current 115 kilovolt limit, part of grid modernization efforts. **Water Rights Adjudication:** A legal process where a court determines the priority and validity of water rights claims in a specific area, with Whatcom County defending its claims. **Consent Agenda:** A group of routine items that can be approved together in a single vote, unless a council member requests separate consideration. **Flood Control Zone District:** A special district that manages flood control infrastructure and levees, with the County Council serving as its board of supervisors. **Ex Parte Communication:** Private communication between council members and parties involved in quasi-judicial matters that is prohibited to ensure fair hearings. **Committee of the Whole:** A council committee format where all members participate to discuss issues before formal action at regular meetings. **Open Space Advisory Committee:** A committee that advises on agricultural land preservation and taxation, requiring members from the active farming community. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Kaylee Galloway | Council Chair | | Todd Donovan | Finance Committee Chair | | Tyler Byrd | Council Member District 1 | | Ben Elenbaas | Council Member District 5 | | Barry Buchanan | Council Member | | Jon Scanlon | Council Member | | Mark Stremler | Council Member | | Mike Kaufman | Public Speaker on Power Issues | | Lance Callo…
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Transportation & Infrastructure Budget & Finance Social Services Government Operations Associated General Contractors Cascadia Law Group Dvsas Northwest Esd Puget Sound Energy Verizon Wireless Ywca Bellingham Adam Bellinger Aly Pennucci Barry Buchanan Ben Elenbaas Daniel Harm Jon Scanlon Kaylee Galloway Kimberly Thulin Lance Calloway Mark Stremler Mike Kaufman Natalie Chavez Parneet Kaur Todd Donovan Tyler Byrd Advisory Committees Behavioral Health Community Outreach Comprehensive Plan Developmental Disabilities Grid Modernization Homeless Services Lummi Island Ferry Power Line Modernization Public Ethics Water Rights Water Rights Adjudication