HomeMy WebLinkAboutCouncil April 10 20121
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WHATCOM COUNTY COUNCIL
Regular County Council
April 10, 2012
CALL TO ORDER
Council Chair Kathy Kershner called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL (7 :01 :45 PM)
Present: Barbara Brenner, Ken Mann, Sam Crawford, Bill Knutzen, Kathy
Kershner, Carl Weimer and Pete Kremen.
Absent: None.
FLAG SALUTE
ANNOUNCEMENTS (7 :01 :31 PM)
Kershner announced there was discussion regarding a proposed ordinance
amending Whatcom County Code Title 20, creating Chapter 20.51, Lake Whatcom
Watershed Overlay District, to address stormwater and land use regulations in the
Lake Whatcom Watershed (AB2012 -117) during the Special Committee of the Whole
meeting this afternoon. The Council voted to send the item to the Planning Commission
until the end of May.
SPECIAL PRESENTATION
1. BEHAVIORAL HEALTH REVENUE ADVISORY COMMITTEE REPORT FOR 2011,
PRESENTED BY THE HEALTH DEPARTMENT (AB2012 -150) (7 :02 :37 PM)
Jack Hovenier, Behavior Health Advisory Committee Chair, introduced the committee
members and County staff. He gave a report on the fund balances, expenses, and revenue
for 2011. The committee members reasons for the large fund balance include a desire to
establishing a reserve fund for a triage center in a new jail, challenges in getting contracts
and service providers, and the changing human landscape based on cuts at the State and
federal level. The committee recommends that they set aside $3 million for a triage facility
in the new jail and $1.6 million for one -time expenses or capital facilities. Issues in the
community include a significant heroin problem, gang problems, and a lack of places for
people to live. Local treatment providers are experiencing cutbacks from federal, State, and
private insurance sources. He thanked the County Health Department staff, Executive, and
County Council for their support.
Anne Deacon, Health Department, stated the new jail needs to have a pre- booking
diversion option for citizens with significant mental illness and who regularly interface with
the criminal justice system so they can be better - served with treatment as opposed to
incarceration. That facility doesn't necessarily need to be on the same site as a new jail,
Whatcom County Council, 4/10/2012, Page 1
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but siting the facility will be discussed. She gave a staff report on 2011 achievements. A
goal for 2012 is to expand services.
Knutzen asked if there is potential to use the one -tenth of one percent sales tax on
the project that staff brought forward earlier today. Deacon stated housing must be a
component of a treatment program. It can't pay for subsidies. It can pay for capital and
operating costs of a housing program that's part of a comprehensive treatment program.
2. BEHAVIORAL REVENUE ADVISORY COMMITTEE FIRST QUARTER REPORT
FOR 2012, PRESENTED BY THE HEALTH DEPARTMENT (AB2012 -151)
See the above item for the staff report and discussion.
3. JAIL PLANNING TASK FORCE TO PRESENT FINAL RECOMMENDATIONS TO
COUNCIL (AB2012 -156) (7:12:36 PM)
Pete Dworkin, Jail Planning Task Force Chair, thanked the Council and Executive
Louws for working together. Every recommendation from the Task Force is unanimous
amongst all the members, and every member supports it fully.
Lisa McShane, Jail Planning Task Force Member, gave a presentation and stated the
new recommendation is the County's need for a new jail and to move forward quickly with
building a new jail.
Dworkin stated the second recommendation details the components of a new jail,
which begin on Council packet page 328. They classified the components into necessary,
ancillary, required, or discretionary.
McShane stated recommendation three is to retain a professional jail planner,
continue the Jail Planning Task Force, and reinstate the Law and Justice Council. This was a
unanimous recommendation. The Task Force strongly urges the Council to authorize the
search and hire of a jail planner. She read an email from Dave Christensen, who says this
is a plan for action now.
Recommendation four is about the size of the jail and its level of security. It must
be cost - effective. The jail planner will determine the maximum, medium, and minimum jail.
Dworkin stated the recommendation of 500 -700 beds requires that it be expandable.
The fifth recommendation is the site selection criteria. Beginning on Council packet page
354. The Task Force was not in a position to identify specific sites. The decision of whether
the jail is downtown or in the county is a political decision for the Council. Long -term
operational cost and size are the two most important considerations.
In conclusion, the final recommendation is that this needs to happen now. Right
now, find and authorize the funds to hire a jail planner. At the same time, work with the
Executive to identify preliminary sites with a range of alternatives that fit within the site
selection criteria. The jail planner is critical to determine the needs assessment of the
County and the bed range. Work also with a citizen committee, jail planner, and Executive
to develop a three pre - architectural, pre- construction phases, which are needs assessment,
facility master plan, and jail programming. These recommendations are a guide to
accomplishing that. Finally, continue to involve the citizens in making these decisions.
Whatcom County Council, 4/10/2012, Page 2
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Kremen thanked everyone on the Task Force for participating. The group was
intentionally diverse, so their product includes a lot of consideration and compensation.
They've done an excellent job. There is a huge discrepancy between 500 and 700 beds. It
seems the Task Force was somewhat torn on what size the jail should be initially. Everyone
agrees that the new jail should be able to expand in the future. He hoped to narrow the
bed recommendation range.
McShane stated the recommendations say, "It is important that the final number of
beds planned for construction is not selected arbitrarily, but is instead based on information
specific to Whatcom County's needs and budget." That's what the jail planner will do. The
Task Force could have come up with a number, but it would have been arbitrary. The
County doesn't need that.
Kremen asked if the Task Force is hoping that the jail planner will be able to narrow
the range. McShane stated the planner will be able to do that. Part of that is figuring the
maximum, medium, and minimum.
Kremen stated the recommendations are timely and well done. He thanked all the
Task Force members.
Jack Louws, County Executive, stated he also thanks the Task Force. The
recommendations are solid, well done, and appropriate. He and the Sheriff have been
meeting recently, and were anxiously awaiting the Task Force recommendations. A meeting
is scheduled in a couple of weeks, and includes staff from the Public Works Department,
Planning Department, and Facilities Management Division. He anticipates coming back to
the Council in the next month or so asking for permission to proceed. The community will
be a big part of this process. He appreciates the Task Force members being willing to
continue working on this issue.
MINUTES CONSENT (7:28:55 PM)
Knutzen moved to approve the Minutes Consent items.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. SPECIAL COMMITTEE OF THE WHOLE FOR MARCH 13, 2012
2. REGULAR COUNTY COUNCIL FOR MARCH 13, 2012
3. SPECIAL COMMITTEE OF THE WHOLE FOR MARCH 20, 2012
PUBLIC HEARINGS
1. ORDINANCE AMENDING WCC 10.34, FERRY RATES, AND THE
CORRESPONDING WHATCOM COUNTY 2012 UNIFIED FEE SCHEDULE
(AB2012 -130) (7:29 :37 PM)
Frank Abart, Public Works Director, gave a staff report and stated this is a
recommendation from the Lummi Island Ferry Task Force. He explained the history of the
Whatcom County Council, 4/10/2012, Page 3
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ordinance. The financial impact to revenue is just under $1,000. They can't predict the
impact to cash sales, but can guess that the impact will also be around $1,000. A resident
child won't pay for ten months out of the year. They pay during July and August, when
there will be a ticket for $23, which allows 25 rides. He recommends moving this ordinance
forward for approval.
Crawford asked if they're proposing a net reduction to fares by eliminating the
charge for people between 12 and 19, when they're not in school. Abart stated that's
correct.
Crawford stated the operation doesn't meet the County's stated fare box collection
rate. He's surprised that the one of 50 recommendations coming forward is a fare
reduction. Abart stated several things will come forward over the next six or seven months
that will make those adjustments. This seemed to be very important to the Task Force.
The financial impact isn't significant, and it should reduce some administrative costs of
having to sell, report, and track those tickets.
will.
Crawford asked if costs will go down by adopting this ordinance. Abart stated they
Kershner opened the public hearing, and the following person spoke:
Jim Dickinson stated he was a member of the Lummi Island Ferry Task Force. One
reason for this ordinance is due to some parents who were sending their kids without
money to cross the ferry, and it became almost a point of terror for these children. Also,
friends of students wouldn't come to Lummi Island because of the costly ferry fares.
Students who come to visit will bring their parents and cars, so it may bring in more money
than what is lost.
Hearing no one else, Kershner closed the public hearing.
(7:37:49 PM)
Brenner moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
2. RESOLUTION AMENDING THE SIX -YEAR TRANSPORTATION IMPROVEMENT
PROGRAM FOR THE YEARS 2012 THROUGH 2017 (AB2012 -137) (7:38:44 PM)
Joe Rutan, Public Works Department, gave a staff report and stated this is three
amendments to the Six -Year Transportation Improvement Program.
Kershner opened the public hearing and, hearing no one, closed the public hearing.
Crawford moved to approve the resolution.
Mann stated the committee reviewed the resolution, which makes minor changes.
It's a good thing to do.
Whatcom County Council, 4/10/2012, Page 4
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The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
OPEN SESSION
(7:41:05 PM)
The following people spoke:
• Bruce Ayers spoke about public safety issues and a jail facility.
• Richard Maneval, Law and Justice Council Member, spoke about building a
new jail.
• Gregory Todd spoke about preventative jail alternative programs.
• Dave Grant, Whatcom County District Court, spoke about using economic
development investment (EDI) funds for broadband service to the county.
• Ray Baribeau, Jail Planning Task Force, spoke about building a new jail, the
Law and Justice Council, and jail alternative sentencing programs.
• Constantine Papadegas spoke about building a new jail
• (Clerk's Note: The speaker following Constantine Papadegas requested that
his /her testimony not be included in the minutes. The speaker's testimony is
available on the meeting's audio recording.)
• William Cox submitted information (on file) and spoke about wind turbine
ordinance revisions.
• Teresa Erickson spoke about building a new jail.
• Kevin Minnard, Transition Bikes, spoke about the Lake Whatcom
reconveyance.
• Dorralee Booth, Jail Planning Task Force, spoke about hiring a jail planner.
• Irene Morgan, Whatcom County Re -Entry Coalition, submitted information (on
file) and spoke about the Council agenda schedule and a new jail.
• Terry Terry spoke about building a new jail.
• Joy Guilfillen, Whatcom County Re -Entry Coalition President, spoke about
building a new jail.
• Eric Brown spoke about the State Department of Natural Resources closure of
Slide Mountain.
• Nicole Brown spoke about EDI funding for broadband service.
• Jim Dickinson spoke about the Gooseberry Point dock.
CONSENT AGENDA
(8:30:37 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through seven.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD
CONSTRUCTION CONTRACT BID #12 -28 FOR 2012 HOT MIX ASPHALT
PRELEVEL AT MISCELLANEOUS LOCATIONS TO THE LOWEST BIDDER,
Whatcom County Council, 4/10/2012, Page 5
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WHATCOM BUILDERS, INC., IN AN AMOUNT NOT TO EXCEED $1,234,335
(AB2012 -142)
2. RESOLUTION AMENDING CRP NO. 909011 AND APPROVAL FOR THE COUNTY
EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND
LOW BIDDER, TRIMAXX CONSTRUCTION, INC. FOR SOUTH PASS ROAD
STRUCTURAL SLOPE REPAIR, IN THE AMOUNT OF $104,008.20 (AB2012-
143)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND PUBLIC HOSPITAL DISTRICT
304, DBA UNITED GENERAL HOSPITAL, TO IMPLEMENT THE COMMUNITY
TRANSFORMATION PROJECT, IN THE AMOUNT OF $64,207 (AB2012 -144)
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND KITSAP PUBLIC HEALTH
DISTRICT TO IMPLEMENT THE COMMUNITY TRANSFORMATION PROJECT, IN
THE AMOUNT OF $95,401 (AB2012 -145)
S. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND EXECUTIVE OFFICE
OF THE PRESIDENT OFFICE OF NATIONAL DRUG CONTROL POLICY TO
SUPPORT THE NORTHWEST HIDTA BORDER TASK FORCE PROSECUTION
INITIATIVE, IN THE AMOUNT OF $175,073 (AB2012 -146)
6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND PND ENGINEERS, INC. FOR
DESIGN OF THE GOOSEBERRY POINT FERRY TERMINAL WINGWALL
REPLACEMENT PROJECT, IN THE AMOUNT OF $40,000 (AB2012 -147)
7. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
LOCAL AGENCY RECIPROCAL MAINTENANCE AGREEMENT BETWEEN
WHATCOM COUNTY AND SNOHOMISH COUNTY FOR RENTAL OF THE UNDER
BRIDGE INSPECTION PLATFORM, IN THE AMOUNT OF $47,928.54 (AB2012-
148)
OTHER ITEMS
1. RESOLUTION REQUESTING THE WASHINGTON STATE DEPARTMENT OF
NATURAL RESOURCES TO WORK WITH MOUNTAIN BIKE ADVOCATES AND
USERS TO DEVELOP AND MAINTAIN CONTINUED USE OF MOUNTAIN BIKE
TRAILS IN THE AREA OF THE NORTH FORK OF THE NOOKSACK RIVER
(AB2012 -139) (8:31:24 PM)
Weimer reported for the Natural Resources Committee and moved to approve the
resolution with one amendment, "Now Therefore, Be It Resolved ... withdFaw its deadline to
elese reconsider the closure of the North Fork...."
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Whatcom County Council, 4/10/2012, Page 6
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Knutzen stated there were comments during the committee meeting about the State
Department of Natural Resources (DNR) being unwilling to work with the user groups. Ben
Cleveland, DNR, attended the committee meeting and seemed very willing to work out a
solution.
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #12 -24
FOR ON -CALL CONTRACTOR/ EQUIPMENT FOR LABOR AND RENTAL OF
CONSTRUCTION EQUIPMENT TO ALL BIDDERS, WITH THE INTENT OF
OBTAINING FIRM PRICING AND TO ENSURE PREVAILING WAGES ARE PAID
ON ALL ON -CALL PROJECTS IN AN ANNUAL AMOUNT THAT COULD BE MORE
THAN $35,000 FOR A SINGLE VENDOR (AB2012 -140) (8 :33 :55 PM)
(Clerk's Note: Council acting as the Whatcom County Council and the Whatcom
County Flood Control Zone District Board of Supervisors.)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
3. REQUEST APPROVAL OF THE ECONOMIC DEVELOPMENT INVESTMENT
BOARD'S RECOMMENDATIONS FOR EDI FUNDING (AB2012 -141) (8 :35 :21
PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
4. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
JOLIE MATKOWSKI TO THE BELLINGHAM - WHATCOM COUNTY COMMISSION
AGAINST DOMESTIC VIOLENCE (AB2012 -152) (8 :36 :25 PM)
Kremen moved to confirm the appointment.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
5. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
CHARLES CANNON TO THE POINT ROBERTS COMMUNITY ADVISORY
COMMITTEE (AB2012 -153) (8 :36 :52 PM)
Brenner moved to postpone the appointment until May 22, 2012. The Point
Roberts Voters Association is having a meeting on May 10. She and Councilmember
Weimer will attend. There is some concerns about whether or not this committee is efficient
and how it can be improved. The applicant seems well - qualified, but prefers to delay until
she talks to some of the people.
Whatcom County Council, 4/10/2012, Page 7
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Crawford stated the Voters' Association is not a County group.
Arden Landry, Executive's Office, stated Executive Louws is fine with holding the
confirmation if the Council has concerns.
Kremen stated as a former County Executive, he's sensitive to the appointment
process. He's unclear about what the concern is.
Brenner stated the All Point Bulletin mentioned a disturbance at the committee
meeting. Something is going on, and she'd like to find out more about it. The confirmation
isn't time - critical.
Crawford stated he can't support the motion. He doesn't understand what going to a
meeting of the Voters' Association is going to do about the Executive's appointment to the
Advisory Committee. If the group has a problem with how the Advisory Committee is
working, it doesn't seem like the problem involves whether or not this person is appointed.
Brenner stated it may involve whether or not they want to continue with the
Advisory Committee.
The motion to hold in Council carried by the following vote:
Ayes: Kremen, Brenner, Weimer, Knutzen, and Mann (5)
Nays: Kershner and Crawford (2)
6. NOMINATION AND APPOINTMENT TO FILL VACANCIES ON SPECIAL DIKING
DISTRICTS AND SPECIAL DRAINAGE DISTRICTS. APPLICANTS: FRED
VANDER VEEN FOR CONSOLIDATED DRAINAGE IMPROVEMENT DISTRICT #1
POSITION 1, ROGER BLOK FOR DRAINAGE DISTRICT #3 POSITION 1,
LOREN VANDERYACHT FOR DRAINAGE DISTRICT #3 POSITION 2, KEVIN
MADDUX FOR DRAINAGE IMPROVEMENT DISTRICT #7 POSITION 2,
DWAYNE MOLENDYK FOR CONSOLIDATED DRAINAGE IMPROVEMENT
DISTRICT #20 POSITION 1, RALPH VISSER FOR CONSOLIDATED DRAINAGE
IMPROVEMENT DISTRICT #31 POSITION 2 (AB2012 -123) (8 :42 :18 PM)
Kremen moved to appoint all applicants, including the four additional applicants:
David L. Burgess for Drainage Improvement District #6 position 1, Frank Moser for Diking
District #1 position 3, Mike Schoneveld for Consolidated Drainage Improvement District #1
position 2, and James Bouma for Consolidated Drainage Improvement District #1 position
3.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
7. NOMINATION AND APPOINTMENT TO FILL VACANCY ON SOLID WASTE
ADVISORY COMMITTEE. APPLICANT: MARTY KULJIS FOR WASTE RECYCLING
INDUSTRY POSITION (AB2012 -092A) (8 :43 :54 PM)
Knutzen moved to appoint Marty Kuljis.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Whatcom County Council, 4/10/2012, Page 8
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8. ORDINANCE IMPOSING AN EMERGENCY MORATORIUM ON THE ACCEPTANCE
OF NEW APPLICATIONS FOR WIND ENERGY SYSTEMS (WES) GREATER THAN
500 KILOWATTS, OR MULTIPLE WES PER PARCEL WITH A CUMULATIVE
RATED OUTPUT ABOVE 100 KILOWATTS (AB2011 -223B) (8 :44:24 PM)
Brenner moved to adopt the ordinance.
Mann stated he's voted against this every time it's come forward. He will change his
vote tonight as the Council verges on agreement on a final ordinance. This is a good
continuation.
Crawford asked if this applies to all zones except commercial forestry and heavy
industry.
years.
Kershner stated it's the same ordinance they've been approving for almost two
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
INTRODUCTION ITEMS
(8 :46 :33 PM)
Crawford moved to accept the Introduction Items.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. ORDINANCE REPLACING WHATCOM COUNTY CODE 1.14, IN ITS ENTIRETY,
DESIGNATING WHATCOM COUNTY VOTING PRECINCTS (AB2012 -154)
2. ORDINANCE AMENDING 2012 WHATCOM COUNTY BUDGET, SEVENTH
REQUEST, IN THE AMOUNT OF $246,471 (AB2012 -155)
OTHER BUSINESS (8 :46 :58 PM)
Kershner stated the Council created the Jail Planning Task Force because it
recognizes that the County needs a jail. She knows how bad the situation is. The Task
Force was put together to help the County find a location for the jail. That seemed to be
the core of the conflict. She's glad the Task Force has made recommendations. She asked
the County administration to come forward with options for moving forward with the jail and
hiring a jail planner.
Whatcom County Council, 4/10/2012, Page 9
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REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS (8:48:55 PM)
Kremen reported that Big Brothers, Big Sisters, the Whatcom County Non - Profit of
the Year, is having a fund raiser called Bowling for Kids' Sake on April 21. Teams are being
formed. If anyone is interested in helping a very worthwhile cause and also having a lot of
fun, they can contact the organization and ask for information.
ADJOURN
The meeting adjourned at 8:50 p.m.
The Council approved these minutes on May 8, 2012.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council &o.w hatcom .wa.us
Whatcom County Council, 4/10/2012, Page 10