HomeMy WebLinkAboutCouncil December 12 1995WHATCOM COUNTY COUNCIL
Regular Council Meeting
4 December 12, 1995
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6 The meeting was called to order at 7:05 p.m. by Council Chair Robert Imhof in
7 the Council Chambers, 311 Grand Avenue.
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9 Also Present: Absent:
10 Ward Nelson None
11 Ken Henderson
12 Larry Harris
13 Alvin Starkenburg
14 Marlene Dawson
15 Barbara Brenner
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17 ANNOUNCEMENTS
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19 Imhof announced personnel matters (annual performance reviews) were discussed
20 in executive session (AB95 -487).
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22 Imhof moved to uphold the building official's decision on civil penalties in the
23 amended amount of $1,500 and advise Harbor Lands Company that the additional $1,234
24 appears to be subject to appeal through the Building Appeals Board (WCC 2.08) (AB95-
25 425).
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27 Motion carried 6 -1 with Brenner opposed.
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29 Imhof also announced discussion of pending litigation with RECOMP in executive
30 session (AB95 -336). He noted a transmittal had previously been submitted to RECOMP
31 to settle issues regarding the disposal site agreement and the pending lawsuit. He stated
32 that RECOMP's response deserved serious consideration, so a work session will be
33 scheduled early next week with executive session as appropriate with the goal of
34 completing this agreement. Information regarding the subject of these discussions is
35 available on request at the Public Works Department. The draft RDS Disposal Site
36 Agreement will be placed in committee to ensure consistent elements are applied to all
37 facilities.
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39 READING AND APPROVAL OF MINUTES FOR THE FOLLOWING:
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41 OCTOBER 31, AND NOVEMBER 14 REGULAR COUNCIL MEETINGS;
42 NOVEMBER 7, 21, AND DECEMBER 5 SPECIAL COUNCIL MEETINGS; AND
43 NOVEMBER 14, 21, AND 28 (4:00 AND 6:30 P.M.) COMMITTEE OF THE WHOLE
44 MEETINGS.
Regular Council Minutes, 12/12/95, Page 1
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Henderson moved approval.
Motion carried unanimously.
SPECIAL PRESENTATION
1. RESOLUTION COMMENDING WHATCOM COUNTY EXECUTIVE
SHIRLEY VAN ZANTEN AND BIDDING HER FAREWELL (AB95-
486)
Starkenburg made the presentation. Since Mrs. Van Zanten was unable to be
present for the Council meeting, the plaque was presented to her earlier in the day.
Imhof moved approval of the resolution.
Motion to approve carried unanimously.
2. RESOLUTION IN APPRECIATION OF THE DEDICATION AND
SERVICE OF WHATCOM COUNTY ADMINISTRATIVE SERVICES
DIRECTOR THOMAS SUTBERRY (AB95 -485)
Imhof made the presentation. Sutberry was unable to be present tonight.
Imhof moved approval.
Motion to approve carried unanimously.
SPECIAL REPORT
1. REPORT ON FLOOD RESPONSE /FLOOD DAMAGE DURING THE
WEEK OF NOVEMBER 27, 1995 (AB95 -489)
Neil Clement, Deputy Director, Emergency Management, gave the report. He
noted that initial damage assessments reached $4.64 million to both public and private
sectors. The total public sector damage was $2.8 million (approximately). Whatcom
County's impact was approximately $2.1 million, of which approximately $165,000 went to
the Parks Department for damages to the North Lake Whatcom Trail, Hovander Tenant
Lake complex and the Lighthouse Park complex.
Ed Henken, Public Works, Engineering, noted that Public Works damages
reached slightly over $2 million. One hundred ten thousand dollars of this was in flood
fight, which was extraordinary expense. There was approximately $102,000 in bridge
damage. Roads sustained $165,000 in damages. The total non -river related damages
Regular Council Minutes, 12/12/95, Page 2
1 amounted to $377,000. The river system sustained significant damage. He stated the
2 federal people will be here tomorrow to review the figures to determine whether the
3 County can apply for federal funding.
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5 He also explained the Deming gauge and how it records.
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7 A question and answer period followed. Topics discussed included: who made
8 the assessments; the County's obligation to the assessment figures; who pays when the
9 dike fails; and the Early Warning System.
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11 Nelson requested a full evaluation from John Matzinger, Public Works, River &
12 Flood Engineering Manager, regarding the direction flood control programs are going
13 which are already implemented and their impact.
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15 Clement thanked all those private citizens, employers and those in the Public
16 Works Department who volunteered their time during the recent flood. Imhof thanked
17 those who helped in his area, Ferndale Diking District #1.
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19 Imhof announced that Item #9 under Other Items (AB95 -490) (Council to
20 appoint 42nd District State Representative to complete the term of County Executive -
21 elect Pete Kremen) will be moved to this part of the agenda.
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COUNCIL TO APPOINT 42ND DISTRICT STATE REPRESENTATIVE
TO COMPLETE THE TERM OF COUNTY EXECUTIVE -ELECT
PETE KREMEN (AB95 -490)
Those addressing qualifications for this appointment included:
Kelli Linville
Jim Cozad
Georgia Gardner
NAME
BRENNER
DAWSON
HARRIS
NELSON
STARKEN.
HENDER.
DdHOF
LINVILLE
X
X
X
X
COZAD
X
X
GARDNER
X
Kelli Linville will be our state 42nd District Representative.
Regular Council Minutes, 12/12/95, Page 3
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OPEN SESSION
The following people addressed the Council:
Janet Hanson: Shellfish Protection District (AB95 -197C)
Sherilyn Wells, 1020 Geneva: Cordata /Pentas /Trillium PUD (AB95 -446)
Karen Durham, 2408 Lynn Street: Representing the League of Women Voters
Harris moved approval of his proclamation.
"WHEREAS the year 1995 marks the Anniversary of the 75th amendment to the
constitution of the United States giving women the right to vote; and
WHEREAS the year 1995 marks the 75th Anniversary of the founding of the
League of Women Voters of the United States; and
WHEREAS the League of Women Voters has provided non - partisan information
on candidates and issues for elections, encouraged voter registration and informed
voting, helped generations of voters understand the structure and function of
government, provided non - partisan, balanced information on public policy issues to
citizens, and worked to achieve government policies that promote public interest; and
WHEREAS the League of Women Voters of Bellingham / Whatcom County
continues in the tradition of providing voter service to the Whatcom County community;
BE IT RESOLVED THAT the County Council recognizes the contribution made
by the League of Women Voters of the United States over the past 75 years and offers
the heartiest congratulations to the members of this organization during this anniversary
year. The Council extends best wishes for the continued success of the League in future
service to our community."
446)
Motion carried 5 -2 with Nelson and Starkenburg opposed.
Dick Gilda: Thank you to Henderson and Harris
Terry Borneman, 903 Mason Street: Cordata /Pentas /Trillium PUD (AB95 -446)
David Warren, 4314 East Oregon Street: Cordata /Pentas /Trillium PUD (AB95-
Amy Kosterlitz, 1011 Western Avenue, Seattle: Represents Trillium (AB95 -446)
Josselyn Winslow, 433 -17th Street: Northwest Regional Council 1996 Budget
Kathy Sutter, PO Box 202, Bellingham: Charter Amendment (AB95 -454)
Larry McCarter, 701 -17th Street: RDS /RECOMP (AB95 -483)
Regular Council Minutes, 12/12/95, Page 4
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CONSENT AGENDA
Starkenburg reported for Finance and Administrative Services Committee and
moved approval of the consent agenda items.
The following items were pulled from the consent agenda: 3, 6 and 12.
Motion carried unanimously.
1. BID AWARD RECOMMENDATION FOR RENTAL RATES ON
MAINTENANCE AND CONSTRUCTION EQUIPMENT TO
MULTIPLE BIDDERS AS LISTED ON THE TABULATION OF BIDS
TO ESTABLISH PRICES AND FIRMS TO BE USED AS OF
DECEMBER 1, 1995 THROUGH NOVEMBER 31, 1996 (AB95 -470)
2. BID AWARD RECOMMENDATION TO CONSTRUCT A
FOUNDATION AND PROTECTIVE DIKE FOR ABOVE- GROUND
TANKS TO STORE ASPHALTIC EMULSION AT WHATCOM
COUNTY CENTRAL SHOP TO THE LOW BIDDER, STRIDER
CONSTRUCTION COJNC., IN THE TOTAL AMOUNT OF $34,765
(AB95 -471)
3. BID AWARD RECOMMENDATION TO CONSTRUCT A BUILDING
TO CONTAIN A POWER WASH FOR TRUCKS AND EQUIPMENT
AT WHATCOM COUNTY CENTRAL SHOP TO THE LOW BIDDER,
FABER BROTHERS CONSTRUCTION CORP., IN THE TOTAL
AMOUNT OF $85,360 (AB95 -472)
Starkenburg reported for Finance and Administrative Services Committee.
Jeff Monsen, Public Works, explained this item.
Harris moved approval.
Motion carried 5 -2 with Brenner and Imhof opposed.
4. BID AWARD RECOMMENDATION TO CONSTRUCT A BUILDING
TO STORE EQUIPMENT NEEDED FOR ROAD MAINTENANCE AT
POINT ROBERTS. WASHINGTON TO THE LOW BIDDER, R. L.
BATES CONSTRUCTION, INC., IN THE AMOUNT OF $369686 (AB95-
473)
Regular Council Minutes, 12/12/95, Page 5
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5. REQUEST FOR APPROVAL OF A RESOLUTION TO SET A DATE
FOR PUBLIC HEARING TO CONSIDER THE SALE OF A
WRECKED SHERIFF PATROL SEDAN (AB95 -474)
6. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO AN AGREEMENT FOR THE SALE OF THE
REMAINING 182.5 COUNTY -OWNED TIGHT LINE SEWER
CONNECTIONS TO THE CITY OF FERNDALE, IN THE AMOUNT
OF $63,000 (AB95 -475)
Starkenburg reported for Finance and Administrative Services Committee and
noted it is being brought forward without a recommendation for further information
from the City of Ferndale.
Those commenting included:
Nate Brown, Planning and Development Services
Jeff Monsen, Public Works
Bob Woods, Council Budget and Program Analyst
Henderson moved approval.
Motion carried unanimously.
7. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH
DANIEL S. MCGREEVY AND PETER H. FRECH FOR 1996
INDIGENT DEFENSE CONFLICT TO PROVIDE ATTORNEY
SERVICES FOR THE PERIOD DECEMBER 15, 1995 THROUGH
DECEMBER 31, 1996, IN THE TOTAL AMOUNT OF $100,000 (AB95-
476)
8. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH
JOHN J. KAMRAR, ET AL FOR 1996 INDIGENT DEFENSE
CONFLICT TO PROVIDE ATTORNEY SERVICES FOR THE
PERIOD OF DECEMBER 15, 1995 THROUGH DECEMBER 31, 1996,
IN THE TOTAL AMOUNT OF $100,000 (AB95 -477)
9. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH
THE WHATCOM DISPUTE RESOLUTION CENTER TO PROVIDE
Regular Council Minutes, 12/12/95, Page 6
1 DISPUTE RESOLUTION SERVICES FOR THE PERIOD OF JANUARY 1,
2 1996 THROUGH DECEMBER 31, 1996 IN THE APPROXIMATE AMOUNT
3 OF $36,000 (AB95 -478)
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5 10. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
6 ENTER INTO A NURSE PRACTITIONER CONTRACT WITH
7 BONNIE SPRAGUE, ARNP, TO PROVIDE MEDICAL SERVICES
8 FOR COUNTY JAII. PRISONERS FOR THE PERIOD OF JANUARY
9 19 1995 THROUGH DECEMBER 31, 19959 IN AN AMOUNT
10 PROJECTED TO EXCEED $10,000 (AB95 -479)
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12 11. A RESOLUTION ESTABLISHING COUNTY ROAD PROJECT NO.
13 992252 AND THE AWARD OF CONTRACT FOR REPLACEMENT
14 OF BRUCE ROAD BRIDGE NO. 37 OVER CALIFORNIA CREEK TO
15 THE LOWEST BIDDER, ONE -WAY CONSTRUCTION, INC., IN THE
16 AMOUNT OF THEIR BID OF $1699897.00 (AB95 -480)
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18 12. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
19 ENTER INTO A CONSULTING SERVICES CONTRACT WTTH RE
20 SOURCES TO PROVIDE THE 1996 EDUCATION AND PROMOTION
21 PROGRAM FOR WASTE REDUCTION AND
22 RECYCLING /HOUSEHOLD HAZARDOUS WASTE FOR THE
23 PERIOD OF JANUARY 1, 1996 THROUGH JULY 31, 1997 (AB95 -481)
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25 Starkenburg reported for Finance and Administrative Services Committee and
26 noted this is being forwarded without a recommendation.
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28 Brenner moved approval as is.
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30 There was discussion on the motion.
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32 Brenner moved to approve the request as is for seven months.
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34 Starkenburg moved to amend to, read on page 130 under "Extension ": "Any
35 extension of this Agreement shall be by mutual written consent of the parties MW
36 ....................
37
38 Bob Woods explained that this is a bid process and that the contract is for a fixed
39 period. It would have to be amended to be extended. The Executive can only amend a
40 contract in the dollar amount. If the terms of the contract are changed, then the
41 contract would need to be returned to the Council.
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43 Starkenburg withdrew his amendment.
44
Regular Council Minutes, 12/12/95, Page 7
Woods commented about the dollar value of this contract. He explained that
there is no agreed upon amount for the seven month period, and that it would not
necessarily be a straight proration.
Discussion continued.
Imhof moved to table this item to committee to get specific questions answered.
Motion carried 4 -3 with Brenner, Harris and Henderson opposed.
PUBLIC HEARINGS
1. ORDINANCE ESTABLISHING A NO- SHOOTING ZONE IN THE
NELSON ROAD AREA (AB95 -452A)
Imhof opened the public hearing for this item and item #2 below, and the
following people spoke:
Mary Decker, 3949 Nelson Road, Deming
Larry Baker, 3921 Nelson Road, Deming
Kevin Kaiser, 3978 Nelson Road, Van Zandt
A.J. Gould, 190 West Samish Drive
Betty Kip, 3978 Nelson Road
Hearing no one else, Imhof closed the hearing.
Brenner moved to hold this item in committee for a historical perspective.
Motion failed 3 -4 with Brenner, Henderson and Harris in favor.
Harris moved to adopt the ordinance.
Motion carried 4 -3 with Nelson, Imhof and Starkenburg opposed.
2. ORDINANCE RESCINDING A NO- SHOOTING ZONE IN THE
NELSON ROAD AREA (AB95 -452)
Please see #1 above.
Imhof moved to adopt the ordinance.
Motion carried unanimously.
Regular Council Minutes, 12/12/95, Page 8
3. ORDINANCE ESTABLISHING SPEED LIMITS ON WEST BADGER
ROAD, HAYNIE ROAD AND DELTA LINE ROAD (AB95 -460)
Ed Henken, Engineering, gave a staff report.
Imhof opened the public hearing, and no one spoke.
Imhof closed the hearing.
(Clerk's Note. The following was not heard on the tape, which was copied from the
T. V. video. On viewing the video, it ended at this point. The following was, however, noted
on the handwritten copy of the minutes.)
Dawson moved approval.
Motion carried unanimously.
OTHER ITEMS
1. ORDINANCE AMENDING THE BUDGET, REQUEST NO. 14 (AB95-
459)
Starkenburg reported for Finance and Administrative Services Committee and
moved approval.
Those speaking included:
Bob Woods, Council Budget and Program Analyst
Steve Paus, Juvenile Court Probation
Starkenburg moved to amend by increasing the Superior Court amount from
$50,000 to $70,000 in the Current Expense Fund.
Motion carried unanimously.
Starkenburg moved to amend the Juvenile Court Administration's request to
reduce the amount of $42,800 to $3,000 for Professional Services.
Brenner moved to remove $42,800 from the Juvenile Court Administration.
Brenner withdrew her motion.
Motion to amend carried unanimously.
Regular Council Minutes, 12/12/95, Page 9
1 Imhof moved approval of the main amended motion.
2
3 Motion carried unanimously.
4
5 2. PRESENTATION OF THE INTERNAL AUDIT REPORT AND 1996
6 AUDIT SCHEDULE FROM THE AUDITOR'S OFFICE (AB95 -488)
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8 Starkenburg announced that the report was given in committee and would not be
9 repeated at this time.
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11 3. RESOLUTION AMENDING RESOLUTION 95 -038 AND RE-
12 PRIORITIZING WHATCOM COUNTY PROJECTS FOR THE
13 WASHINGTON COMMUNITY ECONOMIC REVITALIZATION
14 TEAM (WA -CERT) (AB95 -201D)
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16 Imhof moved to keep the priorities as they are.
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18 Starkenburg reported for Finance and Administrative Services Committee and
19 moved to amend by adding the City of Lynden, the City of Blaine, and replacing item
20 #10 with P.U.D. #1 (Nooksack Water).
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22 Motion to amend carried unanimously.
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24 Motion to approve the main amended motion carried unanimously.
25
26 4. AUTHORIZATION TO ACCEPT WASHINGTON STATE
27 DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC
28 DEVELOPMENT GROWTH MANAGEMENT ACT GRANT FOR
29 FISCAL YEAR 1995 -1997 (AB95 -484)
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31 Starkenburg reported for Finance and Administrative Services Committee and
32 moved approval.
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34 Motion carried unanimously.
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36 5. CONSIDERATION OF HEARING EXAMINER'S
37 RECOMMENDATION TO CONDITIONALLY APPROVE A
38 PLANNED UNIT DEVELOPMENT AMENDMENT, FILED BY THE
39 PENTAS DIVISION OF TRILLIUM CORPORATION (AB95 -446)
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41 Nelson reported for Planning and Development Committee and moved
42 approval.
43
44
Regular Council Minutes, 12/12/95, Page 10
There was much discussion on the motion.
Henderson moved to table pending a public hearing.
Henderson withdrew his motion.
Motion to approve the consideration carried 4 -3 with Harris, Henderson and
Imhof opposed.
6. APPEAL OF BUILDING OFFICIAL'S DECISION ON CIVIL,
PENALTIES AND DOUBLE PERMIT FEES, FILED BY MICHAEL
MCNEFF FOR HARBOR LANDS CO. (AB95 -425)
See "Announcements ".
7. RESOLUTION ESTABLISHING DATES FOR 1996 WHATCOM
COUNTY COUNCIL MEETINGS (AB95 -464)
Imhof moved approval.
Motion carried unanimously.
... "NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council
that the following will be scheduled for meetings in 1996:
January
2, 9, 23
February
6, 20
March
5, 19
April
21 16, 30
May
14928
June
11, 25
July
9, 23
August
6
September
3, 17
October
1, 15, 29
November
12, 19, 26
December
10"
8. ORDINANCE AMENDING THE WHATCOM COUNTY CHARTER
TO BE SUBMITTED TO THE PEOPLE REGARDING THE
LEGISLATIVE BRANCH OF GOVERNMENT (AB95 -454)
There was much discussion on this item.
Regular Council Minutes, 12/12/95, Page 11
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Harris moved approval.
Dawson moved to leave out under Section 2.20 the part regarding salaries and
transition.
Imhof moved to put this into resolution form.
Motion to put into resolution form carried 6 -1 with Nelson opposed.
9. COUNCIL TO APPOINT 42ND DISTRICT STATE REPRESENTATIVE TO
COMPLETE THE TERM OF COUNTY EXECUTIVE -ELECT PETE
KREMEN (AB95 -490)
This item was voted on earlier this evening.
10. REQUEST FOR CONFIRMATION OF REAPPOINTMENT TO THE
MENTAL HEALTH ADVISORY BOARD, EACH FOR A THREE -
YEAR TERM TO END ON DECEMBER 31, 1998, OF FRED
FRAGNER AND HY ROSENFELD (AB95 -482)
Imhof moved approval by acclamation.
Motion carried unanimously.
11. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO A DISPOSAL SITE AGREEMENT WITH RECYCLING
AND DISPOSAL SERVICES, INC. (AB95 -483)
Imhof moved to put this item into Finance and Administrative Services
Committee.
Motion carried 6 -1 with Brenner opposed.
INTRODUCTION ITEMS
1. ORDINANCE REGARDING INTERIM ZONING CONTROL TO
ADDRESS PUBLIC MARKETS AS A TEMPORARY USE IN THE
RESORT COMMERCIAL ZONE (AB95 -254A)
2. ORDINANCE CLARIFYING ADMINISTRATIVE PROCEDURES FOR
THE WEED BOARD (AB95 -469)
3. ORDINANCE AMENDING WHATCOM COUNTY ORDINANCE 84 -60
DATED JULY 5, 1984, REQUESTING AN EXTENSION OF TCI INC.
Regular Council Minutes, 12/12/95, Page 12
1 CABLEVISION FRANCHISE AGREEMENT FOR A PERIOD SET BY
2 COUNTY COUNCIL OR UNTIL A REPLACEMENT ORDINANCE IS SET
3 IN PLACE (AB95 -307B) (HEARING TO BE SCHEDULED)
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5 4. ADOPTING A RESOLUTION TO SELL WHATCOM COUNTY
6 SURPLUS PROPERTY (WRECKED SHERIFF PATROL SEDAN)
7 (AB95 -474A)
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9 Dawson moved acceptance of the introduction items.
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11 Motion carried unanimously.
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13 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
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15 Human Services Committee (AB95- 367A): Henderson noted the committee had
16 its first meeting last night and are looking forward to working with a Council member.
17 Nelson volunteered to work with this committee.
18
19 Conservation Futures Levy (AB95 -428): Harris noted the Council took action to
20 place the question on the ballot in November 1996. The committee has produced
21 wording for the ballot.
22
23 Harris moved approval of the following wording:
24
25 "Should Whatcom County continue to levy a tax of no more than 0.0625 per one
26 thousand dollars of assessed valuation to fund a reserve from which to finance purchases
27 of property or property rights for conservation purposes."
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29 Motion carried unanimously.
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31 Budget (AB95- 276B): Bob Woods, Council Budget and Program Analyst,
32 presented the job description and salary range for the new Deputy Administrator in the
33 County Executive's Office.
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35 Henderson moved approval.
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37 Motion carried unanimously.
38
39 Interlocal Agreement Negotiations (AB95- 343A): Imhof noted the meetings
40 will be held January 3, 10 and 24 from 7 - 9 p.m. in Lynden. The location is to be
4.1 announced.
42
43 Henderson noted the full Council of Governments board will meet Wednesday,
44 December 13, at 6 p.m. at Northwood Hall.
Regular Council Minutes, 12/12/95, Page 13
1 TCd Cablevision (AB95- 307B): Bob Woods commented on the franchise.
2
3 Nelson moved to declare the Council does not intend to invalidate the franchise
4 or in any way jeopardize TCI's ability to operate until January 2, 1996, at which time
5 Council will take action to either approve or extend the franchise on a temporary basis.
6
7 Motion carried unanimously.
8
9 Sherilyn Wells thanked Henderson and Harris for their years of service.
10
11 ADJOURN
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13 The meeting was adjourned at 10:30 p.m.
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18 Martha McAllister, Recording Secretary
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20 These minutes were approved by the Council on January 23 , 1996.
21
22 ATTEST: WHATCOM COUNTY COUNCIL
23 WHATCOM COUNTY, WASHINGTON
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28 rown -Da ' , cil Jerk Kobprt Imhof, Council C air
Regular Council Minutes, 12/12/95, Page 14