HomeMy WebLinkAboutCommittee of the Whole May 26 2026Whatcom County
Council Committee of the Whole
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360)778-5010
Committee Minutes - Final
Tuesday, May 26, 2026
3:20 PM
Hybrid Meeting - Council Chambers
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COUNCILMEMBERS
Elizabeth Boyle
Barry Buchanan
Ben Elenbaas
Kaylee Galloway
Jessica Rienstra
Jon Scanlon
Mark Stremler
CLERK OF THE COUNCIL
Cathy Halka, AICP, CMC
Council Committee of the Whole Committee Minutes - Final May 26, 2026
Call To Order
Roll Call
Council Chair Kaylee Galloway called the meeting to order at 3:25 p.m. in a
hybrid meeting.
Present: 7 - Elizabeth Boyle, Barry Buchanan, Ben Elenbaas, Kaylee Galloway, Jessica
Rienstra, Jon Scanlon, and Mark Stremler
Announcements
Committee Discussion
1. AB2026-298 Discussion and preliminary Council direction on Whatcom County Comprehensive
Plan Appendix K: Adequate Provisions Checklist for Housing Availability
Maddie Schacht, Planning and Development Services Department, read
from a presentation (on file) about why Appendix K (or the "Adequate
Provisions Checklist") is being newly proposed for the Comprehensive
Plan, how the checklist is organized, the definition of middle housing,
barriers to achieving housing availability that were identified by the
Planning Commission, that the purpose for the checklist is to help
document and identify areas for achieving housing availability, that the next
step would be code amendments which would lay out how they are actually
going to do what was identified in order to meet their goals, and that
Planning will be presenting some code amendments on June 9th directly
related to the development barriers that were identified within the checklist.
She and the following additional people discussed the item with
councilmembers:
• Mark Personius, Planning and Development Services Department
Director
• Matt Aamot, Planning and Development Services Department
They discussed if future work to remove barriers is already in the workplan
for Planning and Development Services and the timeline for making these
changes, that Planning will focus first on the code amendments to address
development regulations identified as barriers, that these changes are driven
by new state laws in the past couple years, the nature of the coming
proposed code changes, the impact of the added language in barriers 2, 3, 4
and 6 under the "Supplementary Barrier Review Checklist for Permanent
Supportive Housing (PSH) & Emergency Housing," a scrivener's error in
Barrier #1 on page 16 (it should say "yes," that the barrier is likely to affect
housing production), the barrier of public notice requirements (the
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Council Committee of the Whole Committee Minutes - Final May 26, 2026
requirement to hold a neighborhood meeting), and what they can be doing to
make sure there is early notification (Page 7, Barrier #10).
Galloway moved to recommend staff prepare Appendix K (Planning
Commission Approved Version from 5/14/2026) for an upcoming
inclusion in a future agenda bill file for council introduction and public
hearing.
The motion was seconded by Scanlon.
Scanlon moved to amend to reinsert the language on page 1 of the proposed
Appendix K under the header, "Action Needed to Address Barrier" which
was stricken by the Planning Commission (comment MS2) and which starts
with "Under the" and ends with "Additionally."
The motion was seconded by Boyle.
Kayla Schott-Bresler, Executive's Office, gave an update on the code scrub
that was included in the budget but put on hold from the executive because
of budget issues.
Personius stated they will do their (in-house) code scrub annually as well as
when they find issues, but the comprehensive overall update of the code is
currently not funded.
Scanlon stated the statement is still factual so he would like it to remain in
the record.
Galloway stated it is work that still needs to happen, whether they contract
it out or do it internally, to improve efficiencies and customer experience
with our permit process.
The motion to amend carried by the following vote:
Aye: 7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and
Stremler
Nay: 0
Galloway spoke about Barrier #4 (Permit Fees, Impact Fees & Utility
Connection Fees) and stated she believes there was a fee study that was
approved in the 2025-2026 budget that the Administration also held off on.
Galloway moved to amend to add a bullet point under "Action Needed to
Address Barrier" for Barrier #4 on page 9 of the proposed Appendix K that
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Council Committee of the Whole Committee Minutes - Final May 26, 2026
says:
Conduct a fee study and update fee schedule to ensure full cost
recovery enabling investment in staff and administrative
infrastructure necessary to improve permit processes and timelines.
The motion was seconded by Boyle.
Councilmembers discussed the motion, the language that was in the budget
at the mid -biennium review for the Supplemental Budget Request number
5043 "PDS Fee study" for $150,000, that ensuring full cost recovery is
taxing individuals that are trying to create housing, a hope that a study could
look at the potential cost benefit of increasing fees, and whether that could
have an impact on reducing permitting timelines.
Galloway amended her motion and moved to strike "ensure full cost
recovery" and add "collect reasonable and sufficient fee charges to cover
the cost of processing permits" so that the bullet point would read:
Conduct a fee study and update fee schedule to collect reasonable
and sufficient fee charges to cover the cost of processing permits,
enabling investment in staff and administrative infrastructure
necessary to improve permit processes and timelines.
The amended motion carried by the following vote:
Aye: 7 - Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, Stremler, and
Boyle
Nay: 0
Galloway moved to amend to add another bullet point under "Action Needed
to Address Barrier" for Barrier #4 on page 9 of the proposed Appendix K
that says:
Consider implementing impact fees to defray the costs of
infrastructure and service improvements required by development in
areas under county jurisdiction as allowed by state law.
The motion was seconded by Rienstra.
Personius answered who would establish these fees and justify them, and
spoke about what that would look like. He stated two school districts in the
county have requested Council to adopt impact fees, so those amendments
are docketed. The GMA also authorizes additional impact fees that counties
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Council Committee of the Whole Committee Minutes - Final May 26, 2026
can adopt.
Councilmembers discussed the motion, making sure they are not putting up
barriers for small businesses or others for whom the impact fee would
potentially outweigh the ability for them to start something up, and that the
wording of the motion does just say, "consider."
The motion carried by the following vote:
Aye: 6 - Elenbaas, Galloway, Rienstra, Scanlon, Boyle, and Buchanan
Nay: 1 - Stremler
Councilmembers and the speakers discussed Barrier #3: "Processing Times
& Staffing Challenges" around process obstacles for accessory dwelling
units and why it says "No," the barrier is not likely to affect housing
production, even though they said it would for other forms of housing, and
what the feedback loop is to make sure the "yeses" and "nos" stay true.
The main motion to recommend staff prepare Appendix K as amended
carried by the following vote:
Aye: 7 - Galloway, Rienstra, Scanlon, Stremler, Boyle, Buchanan, and
Elenbaas
Nay: 0
This agenda item was DISCUSSED AND MOTION(S) APPROVED.
MOTION 1:
Motion approved to recommend staff prepare Appendix K (Planning Commission Approved Version from 5/ 14/26)
for an upcoming inclusion in a future agenda bill file for council introduction and public hearing.
MOTION 2:
Motion approved to reinsert the language on page one of the proposed Appendix K under the header, "Action
Needed to Address Barrier" which was stricken by the Planning Commission (comment MS2) and which starts with
"Under the" and ends with "Additionally."
MOTION 3:
Motion approved to amend to add a bullet point under "Action Needed to Address Barrier" on page 9 of the
proposed Appendix K that says:
Conduct a fee study and update fee schedule to collect reasonable and sufficient fees to cover the cost of processing
permits, enabling investment in staff and administrative infrastructure necessary to improve permit processes and
timelines.
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Council Committee of the Whole Committee Minutes - Final May 26, 2026
MOTION 4:
Motion approved to amend to add a bullet point under "Action Needed to Address Barrier" on page 9 of the
proposed Appendix K that says:
Consider implementing impact fees to defray the costs of infrastructure and service improvements required by
development in areas under county jurisdiction as allowed by state law.
2. AB2026-249 Discussion regarding schedule for Council review of the comprehensive plan update
Galloway stated the last time they talked they were going to wait to see the
outcome of the June 2nd Special Committee of the Whole meeting before
making a final decision on potentially extending the timeline. She spoke
about opportunities that the public still has to comment on the
Comprehensive Plan and that they are potentially on track for introduction
of the ordinance on June 9th, with a public hearing and final action on June
23rd, depending on the outcomes of next week.
Councilmembers discussed a letter received by the Business and
Commerce Advisory Committee asking for a change in the timeline, that
Scanlon asked several groups to get their feedback in by this Friday ahead of
the June 2nd meeting, a group that came together to discuss some of the
Cherry Point -related amendments, that they can postpone introduction if
they think there is more work that needs to be done, and deadlines for
people or groups to propose amendments.
Cathy Halka, Clerk of the Council, stated on June 2nd, the public comment
includes the chapters on the agenda but also any other Comprehensive Plan
items.
This agenda item was DISCUSSED.
Committee Discussion and Recommendation to Council
AB2026-390 Resolution regarding greenhouse gas reduction sub -element voluntary review as part
of the Whatcom County Comprehensive Plan periodic update under the Washington
State Growth Management Act (RC W 36.70A.096)
Galloway stated this resolution was Council -reviewed at last week's
meeting.
Gary Stoyka, Public Works Department, answered if they have met the
threshold of Council having completed its review and initial
recommendation on the climate element so that they are good to take action
on the resolution. He stated he believes that it true.
Galloway stated she wants to make sure the version they take action on has
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Council Committee of the Whole Committee Minutes - Final May 26, 2026
the comment removed that they need to meet the threshold and Stoyka
stated a last Whereas statement was added to a substitute resolution (on
file) noting the Whatcom County Council completed review of the draft
climate element on May 19th, 2026.
Scanlon moved and Rienstra seconded that the Resolution be
RECOMMENDED FOR APPROVAL. The motion carried by the following
vote:
Aye: 7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler
Nay: 0
Items Added by Revision
Other Business
Adjournment
There were no agenda items added by revision.
There was no other business.
The meeting adjourned at 4:27 p.m.
The County Council approved these minutes on June 9, 2026.
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