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Whatcom County Council

WHA-CON-2026-04-28 April 28, 2026 Whatcom County Council Regular Whatcom County
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The Whatcom County Council's April 28, 2026 meeting became a focal point for community tensions surrounding two major policy debates: the proposed jail expansion versus behavioral health services, and controversial "Land Back" language in the comprehensive plan update. Over 50 residents packed council chambers for an extended public comment session that lasted nearly four hours, revealing deep divisions within the community. The evening began routinely with unanimous approval of meeting minutes and a stormwater ordinance (AB2026-281) that passed 7-0 with no public comment. However, the open session erupted into an impassioned forum where residents expressed frustration about public safety, property rights, and transparency in government decision-making. The jail debate dominated much of the testimony, with residents sharing personal stories of victimization and arguing for both sides of the jail versus services question. Council is considering AB2026-340, which would establish a preliminary budget cap of $205 million for a new jail facility with only $20 million allocated for behavioral health services—a ratio that many speakers characterized as betraying the promise that led voters to approve the 2023 levy. Equally contentious was the Land Back language in the comprehensive plan, which residents argued threatens private property rights and was developed without adequate public input. Multiple speakers referenced policies 2QQ3 and 2QQ4, which they claimed could enable transfer of private lands to tribal sovereignty based on ecological significance criteria. The meeting highlighted a breakdown in community trust, with residents from rural areas, property owners, and business representatives expressing feeling blindsided by policy proposals they view as fundamental threats to land ownership and economic stability.

**AB2026-281 - Stormwater Ordinance:** Passed 7-0. Adopts Whatcom County Code Chapter 16.38 requiring best management practices for stormwater pollution prevention within the Phase II Municipal Stormwater Permit Area. No public testimony was offered during the hearing, and all three potential speakers moved their comments to open session. **Minutes Consent Agenda:** Passed 7-0. Approved three…

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**Jail versus Behavioral Health Services Allocation:** The most significant policy debate centered on AB2026-340, which would establish a $205 million budget cap for jail construction with only $20 million designated for behavioral health services. Multiple speakers noted this 92%-8% split contradicts the 2023 levy language that emphasized robust behavioral health services alongside jail construction. The ballot measure had failed twice (2015, 2017) before passing in 2023 with promises of comprehensive mental health and diversion programs. Supporters of the larger jail allocation argued that public safety requires adequate detention capacity, pointing to over 4,000 active misdemeanor warrants that cannot be processed due to jail overcrowding. Critics countered that incarceration fails to address root causes of crime and costs significantly more than prevention services ($184/day for incarcerati…
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**Property Rights Advocates:** Multiple generational Whatcom County families spoke against Land Back policies. Lee Breakey, whose family has lived in the county for over 100 years, argued the policies would create "encumbrances" on private property after families worked to pay off land free and clear. Sarah Hogue (fifth generation resident) and the Breakey family (Bud and Buck) characterized the policies as threatening property values and inheritance rights. **Public Safety Victims:** Julie Jansen, a King Mountain resident, described being threatened with knives by a 19-time violent felon who was released after 27 days and returned to the nearby encampment. Kathleen Klape, whose son was murdered at King Mountain by someone with 59 prior convictions, argued that "flowery programs don't work" and called for longer detention of repeat offenders. **Behavioral Health Advocates:** Multiple speakers shared personal experiences with addiction and incarceration, ar…
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**Kathleen Klape, on repeat offenders:** "His murderer had 59 priors. Seven felony assault warrants at the time. So I'm here to tell you that all this flowery programs don't work. If it worked, she would not have 59 priors in the last 20 years here in this area." **Richard Kirkham, from jail work center:** "Had Washingtonians put some money into services and treatment for a kid who needed it... they wouldn't have spent probably the $10 million they spent to incarcerate me for most of my adult…
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**Jail Budget Resolution:** Council still needs to act on AB2026-340 establishing the preliminary budget cap and allocation between jail construction and behavioral health services. Public pressure is mounting for either extending the comment period or revising the allocation to provide more parity between jail and services funding. **Comprehensive Plan Adoption:** Final action on the comprehensive plan update, including the controversial Land Back language, is scheduled for July 2026. Multiple speakers requested removal of policies 2QQ3 and 2QQ4 or substantial revision before adoption. **Advisory Committ…

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**Public Awareness Surge:** The Land Back policies, which had been under discussion for months in committee, suddenly became the subject of widespread public awareness and opposition. Multiple speakers noted they only learned about these policies within the past week, suggesting a significant communication gap between county government and residents. **Jail vs Services Debate Intensity:** The allocation question shifted from technical budget discussions to fundamental questions about community values and promises made to voters. The evening's testimony crystallized opposition to what m…
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## Meeting Overview The Whatcom County Council convened in chambers on Tuesday evening, April 28, 2026, for what would become a marathon session lasting well into the night. All seven council members were present: Elizabeth Boyle, Barry Buchanan, Ben Elenbaas, Kaylee Galloway, Jessica Rienstra, Jon Scanlon, and Mark Stremler. The meeting followed the standard hybrid format, allowing both in-person and remote participation. While the formal agenda contained routine business including consent items, appointments, and a single public hearing on a stormwater ordinance, the evening was dominated by an extraordinary outpouring of public comment on two contentious issues that have divided the community: the proposed new county jail and behavioral health facility, and controversial "land back" language in the comprehensive plan update. What began as a typical county council meeting transformed into a civic forum where dozens of residents shared deeply personal stories, passionate arguments, and stark warnings about the future of Whatcom County. ## The Stormwater Ordinance — Swift and Unopposed The evening's only public hearing addressed Ordinance AB 2026-281, adopting new stormwater pollution prevention requirements for existing development within the county's Phase II municipal stormwater permit area. Despite providing specific time for public comment on this ordinance, no speakers came forward to address it. Three individuals who had initially registered—Jessica Novato, John Freeberg, and Duane Engelsmann—opted instead to speak during the general public comment period about other matters entirely. The lack of opposition reflected the ordinance's technical nature and the fact that, as Councilmember Elenbaas noted, "the public doesn't see is that we've hashed this out quite a bit before we got here." The substitute ordinance passed unanimously, 7-0, moving quickly through the council without debate—a stark contrast to the hours of contentious discussion that would follow. ## The Jail Versus Services Debate — A Community Divided The most emotionally charged portion of the evening centered on the county's plans for a new jail and behavioral health facility, with speaker after speaker sharing personal experiences that illustrated the deep community divide over how to address crime, mental health, and homelessness. ### Voices from the Encampments Adam Moa delivered one of the most harrowing testimonies of the night, describing his experience living adjacent t…
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### Meeting Overview The Whatcom County Council met on Tuesday, April 28, 2026, for a regular session that stretched late into the evening due to an unusually large public turnout. The meeting was dominated by public comment on two major issues: the proposed new jail facility and "land back" policies in the comprehensive plan update. ### Key Terms and Concepts **Land Back:** A movement and policy approach seeking to return land ownership or management to Indigenous peoples, particularly tribal nations. In this context, refers to proposed comprehensive plan language about returning "land stewardship and sovereignty back to indigenous peoples." **Point Elliott Treaty of 1855:** Historical treaty where local tribes "ceded, relinquished and conveyed" their lands to the U.S. government in exchange for reservations and other considerations. Multiple speakers cited this treaty as establishing that lands were legally ceded, not "unceded." **Comprehensive Plan:** A 20-year planning document that guides county land use, development, and policy decisions. The county is currently updating this plan, with proposed language around land back and tribal engagement creating controversy. **Behavioral Health Services:** Mental health, substance abuse treatment, and related social services. A key component of the 2023 jail levy that voters approved, though current budget proposals allocate only about 8% of funds to these services. **Unceded vs. Ceded Land:** Legal distinction about whether Indigenous peoples gave up legal title to lands. "Unceded" means never legally surrendered; "ceded" means formally transferred through treaty. **Stewart Mountain Community Forest:** A proposed public-private partnership for forest management that has already received over $10 million in taxpayer funding and grants. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Elizabeth Boyle | Council Chair | | Barry Buchanan, Ben Elenbaas, Kaylee Galloway, Jessica Rienstra, John Scanlon, Mark Stremler | Council Members | | Duane Engelsman | Birch Bay landowner, land capacity analysis critic | | Jessica Livedo | Bellingham resident, comm…
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Public Safety Housing Land Use & Planning Government Operations Julie Jansen Kathleen Klape Richard Kirkham Lee Breakey Heidelberg Materials Bp Jail Planning Land Use Policy Behavioral Health Comprehensive Plan