ISLAND COUNTY COMMISSIONERS - MINUTES OF MEETING
REGULAR SESSION
- APRIL 9, 2001
The
Board of Island County Commissioners (including Diking Improvement District #4)
met in Regular Session on April 9, 2001
beginning at 9:30 a.m. in the Island County Courthouse Annex, Hearing
Room, Coupeville, Wa., with William F.
Thorn, Chairman; Mike Shelton, Member;
and Wm. L. McDowell, Member, present.
By unanimous motion, the Board approved and signed the following
minutes: March 26 Regular Session;
March 28 Special Session; and April 2
Regular Session.
VOUCHERS AND PAYMENT OF BILLS
The following
vouchers/warrants were approved for payment by unanimous motion of the
Board: Voucher (War.) #96522 – 96747. . . . . . . . . . . . . . . . . .
. . . $286,558.28.
EMPLOYEE AWARDS
Employee Department No. Years
Lori Prendergast Sheriff/Jail
10
Karen Haster Public
Works/Engr. 5
Buddy
Badger Solid
Waste Department 10
Dennis Bodley
Maintenance 5
Greg
Banks Island County Prosecuting Attorney
Mr. Banks received a letter of appreciation from the Board of County
Commissioners in recognition of
volunteer work as expressed in a
letter dated March 22, 2001 received from Barbara Ballard, Teacher, Coupeville
School District, English Department.
Mr. Banks accomplished exemplary volunteer work with Seniors in Ms.
Ballard’s Contemporary Issues/English
12 Class at the Coupeville High School.
Motoka
Pleasant Auditor’s Office
Mokoto passed all four parts of the CPA examination and results were
reported in February, and on behalf of
the Board, received a letter of acknowledgment from the Board of County
Commissioners, complimenting her on passing the final test, a significant
milestone. Chairman Thorn noted too
that Angie McDowell was working to pass
her CPA exam, with two more parts to go.
[Employee
of the Month for March will be presented at the next award presentation, May 14th]
Hiring Requests
& Personnel Actions
The
Board, on unanimous motion, approved three Personnel Action Authorizations as
follows:
Department Description/Position
# Action
Eff. Date
Prosecutor Paralegal/Legal
Asst.1 .5 fte #1811.00 Replacement 5/1/01
Health Env.
Health Spec 1, #2408.00* New
Position 4/9/01
[*18
month position only; could be extended provided additional grant funds are available]
Maintenance Night Custodian .5 fte
#901.03 Replacement
4/9/01
RESOLUTION #C-47-01 AUTHORIZING A TEMPORARY TWO DAY
CLOSURE - ISLAND COUNTY ASSESSOR’S OFFICE
By
unanimous motion, the Board approved
Resolution #C-47-01 as submitted by Tom Baenen, Island County Assessor, for the
purpose of closing the Assessor’s
Office May 3 and 4, 2001, due to relocation
from the Island County Courthouse to a mobile office building located
at 501 Haller Street, Coupeville.
BEFORE
THE BOARD OF COUNTY COMMISSIONERS
OF
ISLAND COUNTY, WASHINGTON
IN THE MATTER OF
AUTHORIZING }
A TEMPORARY TWO-DAY CLOSUREOF ISLAND }
ISLAND COUNTY ASSESSOR’S AUDITOR’S
OFFICE } RESOLUTION
#C-47-01
LICENSING,} RESOLUTION #C- -01
RECORDING AND ELECTIONS SECTIONS }
_______________________________________}
WHEREAS,
thee Call for
Bids for remodeling/renovation of the
Island County Courthouse project were opened on bid
opening is scheduled for April 5, 2001; and
and project scheduled for completion by
December 2001); and
WHEREAS, according to the
current relocation schedule, the Island County Assessor’s Office will be moving
from the Island County Courthouse to the Mobile Office Building located at 501 Haller Street,
Coupeville, WA; and
public portion of the Island County Auditor’s
office will be moving from current quarters in the
Island County Courthouse to the Main
Street Building located at 400 N. Main Street, Coupeville, Wa.; and
WHEREAS, the Island County Auditor has requested permission to close the
office for those two
days, Thursday,
May 3, 2001, and Friday, May 4, 2001, working Monday, March 26, 2001 and Tuesday, March 27, 2001,
working days when the Office is ordinarily open to the public; and
WHEREAS,
the
Auditor’s licensing and recording work
is done entirely by computer systems which will be disconnected for the move,
and closing of the office would allow better service to the
public by being organized and open
again rather than attempting to work with makeshift systems prone to error or loss; and
would allow better service to the public by being
organized and open again rather than attempting to work with makeshift systems
prone to error or loss; and
WHEREAS,
RCW 36.16.100 states that “All county and precinct offices shall be kept open
for the transaction of business during
such days and hours as the board of county commissioners shall by resolution prescribe.”; ; NOW
THEREFORE
BE IT HEREBY RESOLVED that the Board of Island County Commissioners
authorizes closure of the Island County Assessor’s Auditor’s Office
Licensing, Recording and ElectOffice ions sections during the time of relocation from the
Island County Courthouse to the Mobile Office Building located at 501 Haller Street
Coupeville, WA., on May 3 and May
4, 2001.
Main Street Office Building located at 400 N. Main
Street, Coupeville, WA., on March 26 and 27, 2001.
ADOPTED
this 9th ________ day of
April _______________, 2001.
BOARD OF COUNTY COMMISSIONERS
ISLAND COUNTY, WASHINGTON
William
F. Thorn, Chairman
Mike
Shelton, Member
Wm. L. McDowell, Member
ATTEST:
Margaret
Rosenkranz
Clerk
of the Board
On March 22 there will be a contractor pre-bid
walk-through of the entire
Courthouse. The contractors will meet
with Bryan Young and I at 4:00 PM and the walk-through will start at
approximately 4:30 PM.
I expect that in addition to Bryan, both Paul and I
will accompany the contractors (who will remain together as a group) during the
duration of the walk-through. I wanted
to give you advanced notice of this "inspection" and certainly you/your
assign are welcome to accompany us on the tour as we inspect your office
spaces, should you chose to do so.
Regardless we want to make sure that nothing
sensitive/valuable/confidential is left unattended/unsecured/visible.
Please advise if you have any
questions/comments/suggestions/concerns or if you plan to have someone
accompany the tour.
Larry Kwarsick
Public Works Director
Island County
[BICC
01-230]
BID AWARD: Title Reports, 2001 Tax Foreclosure
As
authorized under Resolution #C-28-01
dated March 5, 2001, the Island County Treasurer, Maxine Sauter, received bids
on April 2nd for furnishing
Island County with title reports for 2001 Tax Foreclosure. Ms. Sauter reported by memorandum this date
that after review of the bids she recommended award to Land Title Company, for acreage, platted and
tract book, a total of $31,168.83, the overall
low bid. The Board concurred,
and by unanimous motion, awarded the bid to Land Title Company [BICC 01- 01-231].
APPOINTMENT TO ISLAND COUNTY TECHNOLOGY COMMITTEE
In
accordance with Resolution #C-44-01 dated March 26, 2001, the Board made
appointments to the Committee on April 2nd filling all but one slot,
and by unanimous motion today, the Board made the last appointment to the
Committee by appointing Laura Olsen, representing the Public Works Department.
Theresa
Marie K. Gandhi, P. O. Box 1522, Coupeville,
Wa., 98239. Entered for the record, letter and
materials dated April 2, 2001, including a computer disk with bibliography,
abstract and text files from multiple universities, Center for Disease Control,
World Health Organization, medical and scientific journals on the toxic and
long-term effects of chemicals.
Other documentation she
referenced was all on pesticides,
herbicides and toxicity in the
environment, and she only pulled out
information on the ones specific to glyphosates of Roundup, Oust and Direx. Comments today related to the
County’s Capital Improvement Program and Annual Road Construction Program with respect to
chemicals sprayed on county rights-of-ways, objecting to
spraying by Island County and asking for an immediate moratorium to halt
the County’s purchase and use products Roundup, Oust and Direx, and others that may be considered. Ms. Gandhi is coordinating with different
organizations who have collected about 20 pages of signed
petitions on the issue of no spray. She
noted a release of a million
documents that chemical companies
tried to hide for decades as brought out in Bill Moyers “Trade Secrets” aired on PBS
March 28, 2001 [to be re-broadcast April 20].
Ms. Gandhi thought the most significant paragraph in all the
material she submitted [refer to her
Bibliography of Scientific Studies of Effects of Roundup, Oust and Direx
attached to letter of 4/2/01] was:
“Reading through the
literature a recurring phrase occurs again and again: ‘Testicular atrophy’ i.e.
shrinking balls. This along with an epidemic of penile dysfunction, diminishing
size, even elimination of male genital and lowered sperms counts has and is being
documented in wildlife, aquatic life and humans and linked to exposure to
glyphosates along with other endocrine disruptors. Additional diseases now
being linked to glyphosate and multiple
pesticides included but are not limited to: Testicular cancer, Lymphoma,
Non-Hodgkin Lymphoma, miscarriages, congenital anomalies & defects
resulting in still born births, attention deficit hyperactivity disorder,
Parkinson’s Disease, Multiple Sclerosis, Multiple Chemical Disease, Propheria,
violent behavior in children and depression.”.
Jefferson
County has not sprayed since 1978.
Given the chance she offered to
do the research to show
documentation that it would be
profitable for every property owner on the Island to take the no spray
stance, i.e. a raise in property values and increased tourism. She left a copy of Governor Lock’s
proclamation issued on March 21, 2001,
acknowledging multiple chemical sensitivity [MCS] as a disease, and a leaflet announcing that on
May 1st at the Bayview Hall,
Bradford S. Weeks, M.D. would speak on why all spraying should stop.
Chairman
Thorn expressed appreciation for Ms.
Gandhi having brought this to the Board’s attention, and confirmed that the
Board would review the materials.
[see end of minutes – public input continued at the request of
late arrival]
Claim for Damages
R01-004CD, Jim Koepke
Betty
Kemp, Director, GSA/Risk Management, advised that Claim for Damages #R01-004CD
filed by Jim Koepke with Risk Management on February 12, 2001, in the amount of
$912.07
claiming damage to vehicle as a result of flying
debris from County sanding operation. All parties involved were interviewed, as
well as the repair shop who provided the estimate of damage. After review and investigation, staff
determined that it was possible the sanding operation could have caused the
broken windshield, but that the sander could not have damaged the vehicle to
the extent claimed by just driving by.
The recommendation was that the
County pay the $50.00 deductible
related to the windshield and that the balance of the claim be denied.
Marv
Koorn, Oak Harbor Road Shop Supervisor, reported the following information to
the Board in conjunction with the Claim:
This
is not a situation of disputing whether the damage to the
vehicle was new or old, rather whether the damage was caused by the County or the
claimant. Claimant stated
he met the County sander and the damage was done. County
crew members in the truck do not
recall meeting claimant’s pickup, not to say it could not happen. The sander drops sand about 18” off the
ground and the only thing that would come up would be if a pebble was bouncing
which could hit the windshield. Claimant apparently turned around and
followed the sander when it was sanding right up behind the sander so close the
crew did not know the vehicle was there and the sand continued to come out of the back of the sander. If the vehicle met the sander the damage
should have been on the driver’s side of the vehicle, but in this case, looking
at the photographs taken of the vehicle there is substantial damage on the
passenger front side of the vehicle, impossible to get from meeting a sander.
It is possible that a pebble could have
bounced up and hit the windshield, therefore, agreed with the recommendation
that the County pay $50 deductible.
However, the amount of damage on the
vehicle from meeting a sander he did not see any way it could have possibly
been done as claimed. Damage on the
driver’s side was on the front fender and front door of the quad cab; from the
quad cab back there was no damage.
That damage probably occurred as
a result of the claimant turning around and coming right up behind the truck
sanding and continued to be peppered
with sand until the truck came to a stop sign.
Talking with the two operators in the sander, neither knew claimant was behind the sander and even
as they pulled up to the stop sign
could not see the vehicle behind the sander. Operators do
watch the mirrors and if someone gets too close, will shut the sander
down. The County driver did confirm
that the claimant eventually talked to him about this. Island County practice is to attempt to shut
the sander off when meeting a vehicle; according to the State DOT operators,
the State does not shut off the sander
when meeting vehicles once they start sanding roads.
Commissioner
McDowell brought up a question of
County responsibility when a vehicle comes up behind the truck that is sanding. He did not think employees were saying
necessarily it did not happen, only that they
did not see the claimant drive by.
Commissioner Shelton thought common sense played a role; the County must sand the roads
and clearly has a huge liability if roads are not sanded.
The fact that someone would drive behind the sanding truck outside of the visibility and not expect some vehicle damage is something that common sense would indicate to back off on
and wait until the truck stops,
then confront the operators.
Ms.
Kemp, in response to a question from Commissioner McDowell, confirmed that
staff talked with the claimant about the matter who indicated he did not follow
that closely.
Mr.
Koorn commented that the sand was
pretty fine and would not make the big chips. The thing that got the
wind shield had to be something that bounced up off the road.
Chairman
Thorn agreed there had to be some
degree of common sense and it would not
make sense to drive so closely that the vehicle would get blasted with the sand. The paint damage is
characterized as chips and he did not see
getting chips out of sand. He was
prepared to support the recommendation
of Public Works and Risk Management.
Commissioner
McDowell’s opinion was that if not the entire claim, the County should pay at
least for the windshield and left side of the vehicle.
Commissioner
Shelton moved that the Board accept the
recommendation of Risk Management to pay $50.00 deductible on the broken
windshield and deny the balance of the claim.
With
no second to the motion from Commissioner
McDowell, Chairman Thorn seconded the motion.
Commissioner
McDowell commented that it was his opinion the County should either deny the whole claim, or agree it
happened and pay for the damage on the
left side of the vehicle.
Motion,
as made and seconded, carried by majority vote; Commissioner McDowell voting in
opposition
for reasons so stated [BICC 01-235].
Purchase
& Sale Agreement: Natoli Property
on Camano Island [and other associated
closing documents]
As
presented by Lee McFarland, Assistant
Director, GSA/property management, and additional financial and funding
information provided by Larry Kwarsick, Public Works Director, the Board by
unanimous motion approved the Purchase & Sale Agreement to purchase the Natoli Property on Camano
Island, in the amount of $818,000, and
authorized the Chairman to sign the remaining associated closing documents as
appropriate.
Resolution
#C-48-01(R-19-01) – In the Matter of the Sale and/or Disposal of Surplus County
Property
As
recommended by Mr. McFarland as well as Mr. Kwarsick, the Board by unanimous
motion approved Resolution #C-48-01(R-19-01) in the matter of the sale and/or
disposal of surplus County Property as listed on Exhibit A, Courthouse
Inventory Surplus List, the items having lost
economic value.
STATE OF WASHINGTON
COUNTY OF ISLAND
IN THE MATTER OF THE
SALE ) Resolution No.
C-48 -01
AND OR DISPOSAL OF
SURPLUS ) R-19-01
COUNTY PROPERTY )
WHEREAS, Island County has certain
property which have lost its economic value/utility to the County; and
WHEREAS, pursuant to Island County
Code Chapter 2.31, such items may be disposed of; and
WHEREAS, the items described on
attached Exhibit “A” are now and have been the property of Island County, State
of Washington; and
WHEREAS, it is in the best interest
of the County and the citizens thereof that said items listed in Exhibit “A” be
sold or disposed of in accordance with Island County Code Chapter 2.31; NOW
THEREFORE,
BE IT HEREBY RESOLVED THAT the items
listed on Exhibit “A” shall be sold or disposed of in accordance with Island
County Code Chapter 2.31.
ADOPTED this 9th day of April, 2001.
BOARD
OF COUNTY COMMISSIONERS
ISLAND
COUNTY, WASHINGTON
William
F. Thorn, Chairman
Mike
Shelton, Member
Wm.
L. McDowell, Member
ATTEST: Margaret
Rosenkranz
Clerk
of the Board
BICC
01-237 [Exhibit A on file with the Clerk
of the Board]
Resolution
#C-49 -01(R17-01) – Authorizing Call
For Bids
for
Asphalt Concrete Materials
The
Board, by unanimous motion, approved Resolution #C-49-01(R-17-01) in the matter
of Authorizing Call for Bids for Liquid
Asphalt Materials for period of May,
2001 through May, 2002, including Modified G, Class B, ATB & Tack Coat Oil.
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF ISLAND COUNTY,
WASHINGTON
IN THE MATTER OF APPROVING }
SPECIFICATIONS & AUTHORIZING } RESOLUTION
#C-49-01
CALL FOR BIDS FOR: } RESOLUTION #R- 17-01
WHEREAS,
sufficient funds are available in the ROAD/E.R.& R. FUND for the
purchase of:
Asphalt
Concrete Materials for the period of
May
1, 2001 (or date of bid award) to May 1, 2002
Modified
G, Class B, ATB & Tack Coat Oil
NOW,
THEREFORE, BE IT HEREBY RESOLVED that
Attachment A, Specifications, is approved as written, and the County Engineer
is authorized and directed to call for bids for furnishing Island County with
said supplies; BID OPENING to be the
23rd day of April, 2001 at
11:30 a.m., in Conference Room #3, N.E. 6th Street, Coupeville,
Washington.
ADOPTED
this 9th day of April,
2001.
BOARD OF COUNTY COMMISSIONERS
ISLAND
COUNTY, WASHINGTON
William F. Thorn, Chairman
Mike
Shelton, Member
Wm. L. McDowell, Member
ATTEST: Margaret
Rosenkranz
Clerk
of the Board BICC 01-238
Resolution
#C-50 -01(R18-01) – Authorizing Call
For
Bids
for LIQUID ASPHALT Materials
Jack
Taylor, Maintenance Superintendent, explained that in an effort to better address emerging concerns,
two additional products, CMS-2P and CRS-2P, were included to be purchased in limited quantities, a trial application in
selected locations for "Polymers" a product added to the oil
at the plant that tends to give the oil elasticity and results
in better rock retention. Island County wants to apply it in
areas that have high traffic volumes
and/or higher speeds . The second
benefit is reported to be the lower or
zero percent of solvents by content and may be of help to chemical-sensitive people who have a problem with standard products containing
solvents. The products does cost about
one third more than the cost of the standard product.
Mr. Kwarsick
confirmed that those people who have called with concerns will be notified and
their participation solicited in the test application.
The
Board, by unanimous motion, approved Resolution #C-50-01(R-18-01) in the matter
of Authorizing Call for Bids for Liquid
Asphalt Materials for period of May,
2001 through May, 2002, including CRS-2, CMS-2, CSS-1, CMS-2P and CRS-2P.
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF ISLAND COUNTY,
WASHINGTON
IN THE MATTER OF APPROVING }
SPECIFICATIONS & AUTHORIZING } RESOLUTION
#C-50-01
CALL FOR BIDS FOR: } RESOLUTION #R- 18-01
WHEREAS, sufficient
funds are available in the ROAD/E.R.& R. FUND for the purchase of:
Liquid
Asphalt Materials for the period of
May
1, 2001 (or date of bid award) to May 1, 2002
CRS-2,
CMS-2, CSS-1, CMS-2P & CRS-2P
NOW,
THEREFORE, BE IT HEREBY RESOLVED that
Attachment A, Specifications, is approved as written, and the County Engineer
is authorized and directed to call for bids for furnishing Island County with
said supplies; BID OPENING to be the
23rd day of April, 2001 at
11:15 a.m., in Conference Room #3, N.E. 6th Street, Coupeville,
Washington.
ADOPTED
this 9th day of April,
2001.
BOARD OF COUNTY COMMISSIONERS
ISLAND
COUNTY, WASHINGTON
William F. Thorn, Chairman
Mike
Shelton, Member
Wm.
L. McDowell, Member
ATTEST: Margaret
Rosenkranz
Clerk
of the Board BICC 01-239
Bid Award - Culvert
Supplies - Island County Road Shops for
2001
The
Board, by unanimous motion, based on
recommendation of the Public Works Director and County Engineer, awarded bid
for Culvert Supplies for Island County Road Shops for 2001 to award to H. D. Fowler Company, Inc.,
Bellingham, Wa. in the total amount of $9,074.61, including sales tax [BICC #01-240] per bids opened on March 27, 2001 under Resolution C-23-01/R-06-01.
Bid
Award FOR One new 2001 Backhoe Loader
with options
Smith
Tractor & Equipment co., Inc.
Mr.
Kwarsick reported that after review of the bids received for one new 2001
Backhoe Loader with options per bids opened on March 27, 2001 under Resolution
#C-24-01, the recommendation was to award the bid to Smith Tractor & Equipment Co., Inc., in the amount of $68,169.98, including trade in and state
sales tax, and exercise the options to purchase two each hydraulic breaker/hammer and two each hydraulic
compactor/hoepac, at a cost or $44,976.80, including state sales tax. This bid award as Jack Taylor explained, was
to other than the lowest bidder, and
based on the lowest responsible bidder who met
specifications, as outlined in Findings of Fact dated today for the Board’s
approval, along with bid award.
By
unanimous motion, the Board awarded bid to Smith Tractor & Equipment Co.,
Inc., as recommended, and approved Findings of Fact [BICC 01-241] for awarding bid to other than the apparent low
bidder.
PURCHASE ORDER APPROVED FOR HERBICIDES - STATE CONTRACT
By
unanimous motion, the Board approved and signed a Purchase Order for purchasing
listed herbicides off the State Contract
for use during 2001 for roadside
shoulder application as discussed previously at staff session.
Bond
for Release of Retainage – BY MOOSE CITY SERVICE ELECTRIC - East Camano
Dr./Cross Island Rd. Signal Phase 1,
CRP 99-07
As
presented and recommended for approval by Mr. Kwarsick, the Board by unanimous
motion accepted the Bond in Lieu of Retainage, Bond #RSB-748830 by Moose City
Service Electric and RLI Insurance Company, in the amount of $20,442.00, with
regard to Contract for East Camano Dr./Cross Island Rd. Signal Phase 1, Camano
Island under CRP 99-07.
HEARING SCHEDULED:
- Ordinance #C-51-01 (PLG-008-01) Amending Chapter 17.02 ICC
related to certain provisions of the
County’s Critical Area Regulations (17.02.110.C)
As introduced by Phil Bakke, Island County Planning and
Community Development Director,
the Board by unanimous motion, scheduled a public
hearing to consider Ordinance
#C-51-01 (PLG-008-01)Amending Chapter
17.02 ICC related to certain provisions of the County’s Critical Area
Regulations (17.02.110.C), on May 14,
2001 at 10:45 a.m. [GMA Record
#__________]
ORDinance #C-52-01
[PLG-009-01] Amending Ordinance #C-27-01 adopted on March 26, 2001 to
CORRECT Assessor’s Parcel NO.
As
presented and recommended by Mr. Bakke, the Board by unanimous motion approved
Ordinance #C-52-01 [PLG-009-01]
Amending Ordinance #C-27-01 adopted on March 26, 2001 to replace all references
to Assessor’s Parcel #R32222-290-0440 with R33222-290-0440, a typographical
error in one of the parcel numbers.
[GMA record # ]
BEFORE
THE BOARD OF COUNTY COMMISSIONERS
OF
ISLAND COUNTY, WASHINGTON
|
IN THE MATTER
OF AMENDING ORDINANCE #C-27-01 TO
REPLACE ALL REFERENCES TO ASSESSOR’S PARCEL R32222-290-0440 WITH ASSESSOR’S
PARCEL R33222-290-0440 |
) ) ORDINANCE C-52-01 ) PLG-009-01 ) ) |
WHEREAS,
since the adoption of C-27-01 on March 26, 2001 it has been discovered that the
Board of County Commissioners inadvertently referred to Assessor’s Parcel
R32222-290-0440 as one of the parcels identified as being currently zoned CA;
and
WHEREAS,
all review by the Planning Department and Board of County Commissioners was
based on Assessor’s Parcel R33222-290-0440; and.
WHEREAS,
PLG-009-01 is intended to correct the inadvertent referral to R32222-290-0440
and replace the reference with R33222-290-0440; NOW THEREFORE,
IT IS HEREBY
ORDAINED that the Board
of Island County Commissioners hereby modifies Ordinance C-27-01 to replace all
references to R32222-290-0440 with R33222-290-0440.
ADOPTED
this 9th day of April, 2001.
BOARD OF COUNTY
COMMISSIONERS OF
ISLAND COUNTY, WASHINGTON
William
F. Thorn, Chairman
Mike
Shelton, Member
Wm.
L. McDowell, Member
ATTEST:
Margaret Rosenkranz
Clerk
of the Board [BICC
01-246]
Resolution
#C-53-01 Appointing Initial
Commissioners
of
the Main Street Sewer District
Keith Higman, Environmental Health Director, addressed the Board concerning formation of the Main Street Sewer District. Mr. Higman reviewed the April 5, 2001, opinion from the Prosecuting Attorney’s Office, along with the Resolution presented today