HomeMy WebLinkAboutPlanning Jul 22 2025Whatcom County
Council Planning and Development Committee
COUNTY COURTHOUSE
311 Grand Avenue, Ste 0105
Bellingham, WA 98225-4038
(360)778-5010
Committee Minutes - Final
Tuesday, July 22, 2025
1PM
Hybrid Meeting - Council Chambers
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COUNCILMEMBERS
Todd Donovan
Ben Elenbaas
Jon Scanlon
CLERK OF THE COUNCIL
Cathy Halka, AICP, CMC
Council Planning and Development Committee Minutes - Final July 22, 2025
Committee
Call To Order
Roll Call
Committee Chair Ben Elenbaas called the meeting to order at 1:03 p.m. in a
hybrid meeting.
Present: 3 - Todd Donovan, Ben Elenbaas, and Jon Scanlon
Also Present: Barry Buchanan, Tyler Byrd, Kaylee Galloway, and Mark Stremler
Announcements
Committee Discussion
AB2025-535 Discussion of an Ordinance amending Whatcom County Code Title 22 to clarify the
roles and duties of participants in the Hearing Examiner process
Rajeev Majumdar, Whatcom County Hearing Examiner, briefed the
councilmembers on the proposed code changes in the substitute ordinance.
He answered whether he is trying to streamline or align things with the
other jurisdictions he serves, and whether the code changes require a public
hearing or being docketed.
Kimberly Thulin, Prosecuting Attorney's Office, stated her understanding is
that Mr. Kooistra, as attorney for the Planning Department, determined that
this was something that did not require a public hearing because they are
technical amendments to the code (procedural in nature, not substantive in
nature).
Majumdar stated these do not have Growth Management Act (GMA)
implications and do not need to go through the Planning Commission.
Elenbaas stated he wonders how they do not have GMA implications, but
stated the changes look incredibly reasonable. He thanked the Hearing
Examiner.
Scanlon stated he would like to see this and the next two agenda items
(AB2025-536 and A132025-539) go to a public hearing to allow people to
give input.
Majumdar gave an example of other code changes they have been working
on, regarding consequences for not obeying a summons or subpoena, that
did not make it into this ordinance. He answered whether previous hearing
examiners ever subpoenaed anybody and stated that has happened in the
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Council Planning and Development Committee Minutes - Final July 22, 2025
Committee
state but did not happen with the county's previous hearing examiner.
Councilmembers discussed making motions in the Council meeting tonight
to hold public hearings for this and the next two agenda items.
This agenda item was DISCUSSED.
2. AB2025-536 Discussion of an Ordinance amending Whatcom County Code Section 2.11 to clarify
the authority of the Hearing Examiner
Rajeev Majumdar, Whatcom County Hearing Examiner, briefed the
councilmembers on the code changes and why they are important. He stated
there was a reserved (empty) section of the Code titled "Hearing examiner -
Duties and powers" that he moved and added language to. He answered
whether the changes are just coming from his sense of the holes in our code
or whether other counties have similar language in theirs. He stated he is
actively moving toward encouraging all counties to adopt this and the
proposed Hearing Examiner rules, but this specific suggestion came out of
a very specific case that came out of Whatcom County. He stated they want
to get away from vagueness whenever possible.
This agenda item was DISCUSSED.
Committee Discussion and Recommendation to Council
AB2025-539 Resolution amending Resolution 2024-021 to update Business Rules of the Whatcom
County Hearing Examiner to approve clarifying changes promulgated by the Hearing
Examiner
Rajeev Majumdar, Whatcom County Hearing Examiner, briefed the
councilmembers on the resolution and stated the rules are not effective
unless the Council approves them. He answered what the difference is
between the resolution and substitute resolution, and stated there were no
substantive changes, but changes in syntax.
Donovan moved that the RESOLUTION be recommended for approval.
Scanlon stated he would like to hold a public hearing on this.
Majumdar stated he would be available on September 9th.
Cathy Halka, Clerk of the Council, asked that the motion maker clarify that
they are moving the substitute resolution and that this would be a motion to
hold the item in Council since it is on the Council's agenda for action
tonight.
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Council Planning and Development Committee Minutes - Final July 22, 2025
Committee
Donovan withdrew his motion and moved that they recommend to hold the
substitute resolution until September 9th for a public hearing.
The motion carried by the following vote:
Aye: 3 - Elenbaas, Donovan, and Scanlon
Nay: 0
This agenda item was FORWARDED TO COUNCIL WITH
RECOMMENDED MOTION(S).
Motion approved that they recommend to hold the substitute resolution (in Council) until September 9 for a public
hearing.
Items Added by Revision
Other Business
Adjournment
There were no agenda items added by revision.
There was no other business.
The meeting adjourned at 1:28 p.m.
ATTEST:
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Cathy Wka. Council Clerk
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WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WA
Ben Elenbaas-via email 6/6/2025
Ben Elenbaas, Committee Chair
Meeting Minutes prepared by Kristi Felbinger
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