09-22-09 Agenda Results RegularCity of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
Tuesday, September 22, 2009 and the right to limit discussion rests with the Commission. Generally, remarks
by an individual will be limited to three minutes or less. The Mayor or
Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated.
Public Hearings 7:00 p.m.
Commission Chambers A. Public Hearings: Any citizen is entitled to speak on items under this
Delray Beach City Hall section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
C. Regular Agenda and First Reading Items: Public input on agendaed items,
other than those that are specifically set for a formal public hearing, shall
be allowed when agreed by consensus of the City Commission.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
100 NW 1st Avenue
Delray Beach, Florida 33444 The City will furnish auxiliary aids and services to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
Phone: (561) 243-7000 program, or activity conducted by the City. Contact Doug Smith at 243-7010,
Fax: (561) 243-3774 24 hours prior to the event in order for the City to accommodate your request.
Adaptive listening devices are available for meetings u7 the Commission
Chambers.
ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor McDuffie noted a revised agreement is on the dais for Item 8.T.,
Amendment No. 2 to the Agreement/eCivis, Inc.; Item 9.J., Interlocal Agreement/Community
Redevelopment Agency for Funding of Construction/Professional Services was added to the Regular
Agenda by addendum; Item 12.A., Ordinance No. 55-09 was added to First Readings by addendum.
Approved as amended, 5-0).
5. APPROVAL OF MINUTES:
A. September 8, 2009 -Workshop Meeting (Approved, 5-0)
B. September 10, 2009 -Regular Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Play Day -October 3, 2009
B. Abbey Delray's Renewal and Re-Commitment Week -October 4-10, 2009
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PRESENTATIONS:
A. Special Recognition Award -Budget Task Force
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. RE ,VEST FOR SIDEWALK DEFERRAL/213 KINGS LYNN ROAD: Approve
a request to defer the installation of a sidewalk along Kings Lynn Road and Aylesbury
Road for the property located at 213 Kings Lynn Road.
B. RESOLUTION NO. 43-09: Approve Resolution No. 43-09 supporting the petition
filed by the Florida Stormwater Association with the Florida Department of
Environmental Protection for rule-making to amend Florida water quality standards by
revising existing water body classifications to provide new and more appropriate
beneficial uses and use expectations.
C. RESOLUTION NO. 51-09/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOTI/TOINT PARTICIPATION AGREEMENT:
Approve Resolution 51-09 authorizing execution of the Joint Participation Agreement
(JPA) with the Florida Department of Transportation (FDOT) for installation of 12 bus
shelters.
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D. CONTRACT CLOSEOUT (C.O. NO. 2/FINALI/BRANG CONSTRUCTION,
INC.: Approve a Contract Closeout (Change Order No. 2/Final) in the amount of a
$45,667.42 decrease and final payment in the amount of $4,749.10 to Brang
Construction, Inc. for completion of the Old Germantown Road Sidewalk
Improvements. Funding is available from 334-3162-541-68.34 (General Construction
Fund/Other Improvement/ Germantown Rd-Sidewalk).
E. CONTRACT CLOSEOUT (C.O. NO. 3/FINALI/ROSSO PAVING &
DRAINAGE, INC.: Approve a Contract Closeout (Change Order No. 3/Final) in the
amount of a $3,240.37 increase and final payment in the amount of $28,749.91 to Rosso
Paving & Drainage, Inc., for the completion of the Homewood Boulevard Bicycle
Lanes Road Widening Project. Funding is available from 334-3162-541-68.46 (General
Construction Fund/Other Improvement/Homewood Blvd. Bikepaths).
F. CONTRACT CLOSEOUT (C.O. NO. 1/FINALI/INSITUFORM
TECHNOLOGIES, INC.: Approve a Contract Closeout (Change Order No.
1/Final) in the amount of a $42,900.00 decrease and final payment in the amount of
$6,515.00 to Insituform Technologies, Inc. for the completion of the lining of the
abandoned 16" force main under the Intracoastal Waterway. Funding is available from
441-5181-536-65.96 (Water and Sewer Fund/Other Improvements/Reclaim Water
Transmission).
G. DEL IDA COMMUNITY PARK/LANDSCAPING ARTIST IN RESIDENCY
PROJECT/AMENDMENT NO. 1: Approve Amendment No. 1 to the agreement
with Lois Brezinksi for the Landscape Artist in Residency Project for Del Ida
Community Park to increase the amount of the contract by $3,442.04 for the cost of
installing electrical service to the site. Funding is available from 115-1702-579-63.90
(Special Projects Fund/Capital Outlay/Other Improvements).
H. REVISION OF FUNDING SOURCES/SW 14TH AVENUE ROADWAY
ALLEYS & DRAINAGE PROJECT: Approve revising the funding sources with
H & D Construction, Co. for the S.W. 14th Avenue Roadway, Alleys & Drainage
Improvements Project. Funding is available from 101-1969-541-68.25 (ARRA
Economic Stimulus Fund/Other Improvement/SW 14th Avenue-SW 2nd to SW 1st)
334-3162-541-68.05 (General Construction Fund/Other Improvement/SW 14th Alley
Improvement) and 448-5461-538-68.25 (Storm Water Utility Fund/Other
Improvement/SW 14th Avenue-SW 2nd to SW 1st).
I. GRANT AWARD /RECOVERY ACT EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT (JAGS Approve and accept the Recovery Act
Edward Byrne Memorial Justice Assistance Grant (JAG) award in the amount of
$289,582.00 which will provide funding to support the Holiday Robbery Task Force,
purchase police vehicles, and repair/reconfigure a donated driving simulator.
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J. EXTENSION TO THE MAINTENANCE AND SUPPORT
AGREEMENT/MOTOROLA, INC.: Approve an extension to the Maintenance
and Support Agreement between the City and Motorola, Inc. in the amount of
$126,154.08 for Police, Fire, and other City Department's Motorola SmartZone radio
system maintenance and to service aging equipment. Funding is available from various
accounts.
K. INTERLOCAL AGREEMENT/SCHOOL BOARD OF PALM BEACH
COUNTY/SEACREST ATHLETIC FACILITY: Approve an Interlocal
Agreement between the City and the School Board of Palm Beach County for the
Police Department's use of the Seacrest Athletic Facility.
L. AMENDMENT TO THE LEASE AGREEMENT/METROPCS FLORIDA,
LLC.: Approve an Amendment to the Lease Agreement with MetroPCS Florida,
LLC., for use of the City's generator as an alternate power source for the MetroPCS
antenna on the Police Department radio tower.
M. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY/CLEAN AND SAFE PROGRAM: Approve an Interlocal Agreement
between the City and the Community Redevelopment Agency (CRA) for funding the
Clean and Safe Program.
N. AGREEMENT/CHILDREN'S SERVICES COUNCIL/BEACON CENTER
AT VILLAGE ACADEMY: Approve an annual grant between the City of Delray
Beach and Children's Services Council (CSC) in the amount of $792,852.00 and
authorize the execution of the required contract agreement for services provided
through the Beacon Center at Village Academy for FY 2009-2010.
O. SUBRECIPIENT AGREEMENTS/ACHIEVEMENT CENTERS FOR
CHILDREN AND FAMILIES & FAMILIES FIRST OF PALM BEACH
COUNTY: Approve and authorize the execution of agreements with two (2) sub-
recipients (Community Child Care Center d/b/a Achievement Centers for Children and
Families and Children's Case Management Organization d/b/a Families First of Palm
Beach County) for the Village Academy Beacon Center program for FY 2009-2010,
with the total funding in the amount of $844,852.00 from the City and Children's
Services Council of Palm Beach County.
P. AMENDMENT NO. 2 TO THE SUB-RECIPIENT HOUSING
PARTNERSHIP AGREEMENT/DELRAY BEACH COMMUNITY LAND
TRUST, INC.: Approve Amendment No. 2 to the Sub-Recipient Housing
Partnership Agreement between the City and the Delray Beach Community Land Trust,
Inc. for the purposes of subsidizing the costs associated with affordable housing units
within the Community Land Trust. Funding is available from 118-1924-554-49.20
(Neighborhood Services/Other Current Charges/Homeowner Subsidy).
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Q. SCHOOL READINESS CHILD CARE SERVICE AGREEMENT/FAMILY
CENTRAL, INC.: Approve a School Readiness Child Care Service Agreement
between the City and Family Central, Inc., to provide subsidized child care funding for
the Afterschool Program.
R. RATE AGREEMENT/FAMILY CENTRAL, INC.: Approve a Rate Agreement
with Family Central Inc., to provide funding to the City through the Continue-to-Care
Afterschool Program from October 1, 2009 through June 30, 2010.
SERVICE AGREEMENT/PROPERTYROOM.COM, INC.: Approve a Service
Agreement with PropertyRoom.com, Inc., an Internet based auctioneer, to provide
a complete, full service auction system to inventory and sell abandoned and seized
property.
T. AMENDMENT NO. 2 TO THE AGREEMENT/eCIVIS, INC.: Approve
Amendment No. 2 to the Agreement between the City and eCivis in the amount of
$19,500.00 to renew the contract for one (1) year. Funding will be available from 001-
1111-511-31.90 (General Fund/Professional Services/Other Professional Services).
U. AMENDMENT NO. 2 TO AGREEMENT WITH COASTAL COMMERCIAL
GROUP, LLC.: Approve Amendment No. 2 to the Agreement with Coastal
Commercial Group, LLC, which provides fora five (5) year extension as well
as removal of the right of Coastal to terminate the Agreement.
V. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY/SPONSORSHIP OF TENNIS TOURNAMENTS: Approve an
Interlocal Agreement with the Community Redevelopment Agency (CRA)
for sponsorship of City tennis tournaments.
W. AMENDMENT NO. 2 TO THE INTERLOCAL
AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY/CONSTRUCTION/PROFESSIONAL SERVICES: Approve
Amendment No. 2 to the Interlocal Agreement between the City and the Community
Redevelopment Agency (CRA) for funding construction/professional services for
certain projects as listed on Exhibit "A" attached to the Agreement for FY 2008/2009.
X. AMENDMENT TO THE LICENSE AGREEMENT/TICKETMASTER,
LLC.: Approve an amended license agreement with Ticketmaster, LLC. for the sale of
tickets for events at the Tennis Stadium.
Y. AMENDMENT NO. 1 TO THE CONSULTING AGREEMENT/LANGTON
ASSOCIATES, INC./GRANT WRITING SERVICES: Approve Amendment No.
1 to the Consulting Agreement between the City and Langton Associates, Inc. for
American Recovery and Reinvestment Act grant writing services.
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Z. AMENDMENT NO. 3 TO THE AGREEMENT/FLORIDA HIGHWAY
PRODUCTS, INC.: Approve and authorize the Mayor to execute Amendment No. 3
to the Agreement with Florida Highway Products Inc. (FHP) in the amount of
$178,310.75 for resurface of streets related to the installation of Area 11A of the
Reclaimed Water System. Funding is available from 441-5181-536-65.96 (Water and
Sewer Fund/Other Improvements/Reclaim Water Transmission).
AA. SPECIAL EVENT REQUEST/HALLOWEEN PARADE: Approve a special
event request to allow the Annual Halloween Parade sponsored by the Noontime
Kiwanis Club to be held on October 31, 2009 from 1:30 p.m. until approximately 2:30
p.m., including temporary use permit per LDR Section 2.4.6(F) for the rolling closure of
Atlantic Avenue from N.E. 1st Avenue to Veterans Park, staff support for traffic
control, security, and barricading.
AB. SPECIAL EVENT REQUESTS/ART AND JAZZ ON THE AVENUE/TREE
LIGHTING: Approve special event requests to endorse Art and Jazz on the Avenue
and the Tree Lighting to be held on December 3, 2009 from 6:00 p.m. to 10:00 p.m., to
grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic
Avenue from Swinton to N.E./S.E. 7th Avenue, to the alley north of Atlantic Avenue
on N.E. 1st Avenue, N.E. 2nd Avenue, Railroad Way, and N.E. 4th Avenue and from
Atlantic to the alley south on S.E. 1st Avenue, S.E. 2nd Avenue and S.E. 4th Avenue; to
authorize staff support for security, traffic control, banner hanging and removal,
barricade set up and removal, trash removal and clean up, EMS assistance, and use of
the large City stage.
AC. SPECIAL EVENT REQUEST/HOWARD ALAN 3rd ANNUAL
DOWNTOWN DELRAY BEACH NEW YEAR'S CRAFT FESTIVAL: Approve
a special event request to endorse the 3rd Annual Downtown Delray Beach New Year's
Craft Festival sponsored by Howard Alan Events, Ltd. to be held from 10:00 a.m. to
5:00 p.m. on December 26-27, 2009, granting a temporary use permit per LDR Section
2.4.6(F) for the closure of N.W. 3rd Avenue from Atlantic Avenue north to the south
entrance of Atlantic Grove and the Tennis Center parking lot, authorize staff support
for traffic control, barricade inspection, fire inspector services and authorize event
signage to be installed fourteen (14) days prior to event with the sponsor paying all
overtime costs.
AD. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
September 7, 2009 through September 18, 2009.
AE. AWARD OF BIDS AND CONTRACTS:
1. Bid award to H & D Construction Co., Inc. in the amount of $479,612.00 for
the construction of S.W. 12th Avenue Alleys - Phase I Project. Funding is
available from 334-3162-541-68.49 (General Construction Fund/Other
Improvement/S.W. 12th/Auburn Alley Improvements).
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2. Purchase award to JCI Jade Communication in the amount of $93,265.24 to
supply and install non-public safety fiber optic communication cable from the
IT Building through City Hall to the Environmental Services Department
building and to A2000 Network Solutions in the amount of $24,130.00 for the
purchase of Cisco Catalyst switches for cable connection for the total award
amount of $117,395.24. Funding is available from 441-5161-536-63.90 (Water
and Sewer Fund/Improvements Other/Other Improvements).
9. REGULAR AGENDA:
A. APPEAL/SITE PLAN REVIEW APPEARANCE BOARD
ACTION /CVS /PHARMACY: Consideration of an appeal regarding the Site Plan
Review and Appearance Board's decision to reduce the number of wall signs proposed
for the CVS/pharmacy from four (4) to two (2), pursuant to Land Development
Regulations (LDR) Section 2.4.7(E), "Appeals". The project is located at 700 N.E. 6`''
Avenue. (Quasi Judicial Hearing) (Motion to approve appeal; DENIED, 5-0).
B. TEMPORARY USE WAIVER REOUEST/H & H FLOORING: Consider a
waiver request to expand the list of allowed temporary uses pursuant to Land
Development Regulations (LDR) Section 2.4.6(F), "Temporary Use Permit", to allow
temporary outside storage of landscape material at H & H Flooring located at 2004
North Federal Highway. (Quasi Judicial Hearing) (Motion to adopt board order as
presented; Approved, 5-0).
C. DELRAY HARBOR CLUB MOORING REQUEST: Consider a request from
Delray Harbor Club for the Commission to grant permission for the mooring of a boat
along the Knowles Park side of their northern seawall. (Consensus of the Commission for
the City Attorney's Office to research this and bring back an agreement to Commission).
D. DELRAY BEACH MARINA RATES: Consider approval of a proposed rate
decrease for the annual per foot rate from $21.00 per month to $18.00 per month for
the Delray Beach Marina. (Motion to approve rate of $16.00 per month; Approved 5-0).
E. RE ,VEST/GREEN MARKET RELOCATION: Consider approval of a
relocation of the Green Market to be held on October 31, 2009 through May 15, 2010
from 6:00 a.m. to 2:00 p.m. to grant a temporary use permit per (hDR) Section 2.4.6(F)
and closure of S.E. 4th Avenue from just south of the alley, south of Atlantic Avenue to
S.E. 1st Street; contingent on the receipt of a Certificate of Liability Insurance and an
executed Hold Harmless Agreement. (Motion to approve; Approved 5-0).
F. ACTUARIAL SERVICES TO EVALUATE POSSIBLE POLICE AND FIRE
PENSION PLAN CHANGES: Consider selection of an actuary to use for a review
of potential Police Fire Pension Plan changes. (Consensus of Commission for staff to ask
Steve Palmquist to prepare a proposal).
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G. RE ,VEST FOR PROPOSAL (RFPI FOR PROFESSIONAL AUDITING
SERVICES: Consider approval to issue an RFP (Request for Proposal) for
professional auditing services to review franchise fees and charges by Waste
Management for the fiscal year starting October 01, 2008 through September 30, 2009.
(Consensus of the Commission to move forward with the Request for Proposal).
H. SELECTION OF NEW DEPUTY VICE MAYOR: Select a new Deputy Vice
Mayor to serve until March 25, 2010. (Motion to select Adam Frankel; Approved, 5-0).
I. COMMISSION LIAISON APPOINTMENTS/SEAT #4: Reassignment of City
Commission Seat #4 Liaison Appointments to various Advisory Boards and outside
agencies.
J. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY FOR FUNDING OF CONSTRUCTION/PROFESSIONAL
SERVICES: Consider approval of an Interlocal Agreement with the Community
Redevelopment Agency (CRA) for the funding of construction costs and professional
services for certain projects as listed on Exhibit "A" attached to the Agreement for FY
09/10. (ADDENDUM (Motion to approve conditioned upon the Community
Redevelopment Agency (CRA) approving the agreement at their next meeting; Approved, 5-0).
10. PUBLIC HEARINGS:
A. RESOLUTION NO. 47-09 (FINAL MILEAGE LEVY A resolution levying a tax
on all properties within the City of Delray Beach for operation and maintenance and for
payment of principal and interest on bonded indebtedness for FY 2010. (Approved, 4-1;
Commissioner Fetzer dissenting).
B. RESOLUTION NO. 48-09 (MILEAGE LEVY/DDA~ A resolution levying a tax
on all properties within the Downtown Development Authority Taxing District of the
City of Delray Beach for FY 2010. (Approved, 5-0).
C. RESOLUTION NO. 49-09 (BUDGET ADOPTION FOR FY 2010 A resolution
making appropriations of sums of money for all necessary expenditures of the City of
Delray Beach for the period October 1, 2009 through September 30, 2010. (Approved, 4-
1; Commissioner Fetzer dissenting).
APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN:
Accept the Planning and Zoning Board's finding that the proposed Five Year
Capital Improvement Plan and FY 2010 Capital Improvement Budget are
consistent with the Comprehensive Plan, and approve same. (Approved, 5-0).
D. RESOLUTION NO. 42-09/ACQUISITION OF PROPERTY/706 S.W. 2ND
STREET: Consider approval of Resolution No. 42-09 authorizing the City to
purchase property located at 706 S.W. 2"d Street. Funding is available from 118-1934-
554-62.10 (Neighborhood Services/Capital Outlay/Building). (STAFF
RE , UESTED THIS ITEM BE POSTPONED) (Motion to POSTPONE
indefinitely; Approved, 5-0).
09/22/2009
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E. ORDINANCE NO. 45-09: An ordinance amending Chapter 51, "Garbage and
Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges
Levied", to provide for decreased residential and commercial collection service rates for
FY 2010. (Motion to approve per City Manager's suggestion; Approved, 5-0).
F. ORDINANCE NO. 46-09: Consider a city initiated amendment to Chapter 71,
"Parking Regulations" of the Code of Ordinances by amending Section 71.058, "Cost of
Parking or Standing Vehicles in Certain Metered Spaces", to provide for the meter fee
charged and listing the parking lots affected; and by enacting Subsection 71.065,
"Parking Garages", to provide for the regulation of public parking garages. (Approved, 5-
0) .
1. RESOLUTION NO. 50-09: Consider adoption of Resolution No. 50-09
which establishes certain rules, regulations and fees to govern the Federspiel and
Old School Square parking garages. (Approved, 5-0).
G. ORDINANCE NO 47-09: Consider acity-initiated amendment to Chapter 92, "Boats
and Boating", by amending Section 92.32, "License Agreement for Boat Dockage", and
Section 92.33, "Dockage Rates and Fees", to clarify certain language in the license
agreement and to modify certain rate structures. (Approved, 5-0).
H. ORDINANCE NO. 48-09: Consider acity-initiated amendment to Chapter 117,
"Landlord Permits" of the Code of Ordinance by amending Section 117.02, "Permit
Fees", to provide for an increase in the Landlord Permit fee from $50 per unit to $60
per unit effective October 1, 2009. (Approved, 5-0).
L ORDINANCE NO. 49-09: Consider acity-initiated ordinance a mending Chapter 96,
"Fire Safety and Emergency Services", of the Code of Ordinances by amending Section
96.66. "Emergency Medical Transportation Fees", Subsection 96.66(A), to adjust the fee
schedule for emergency medical transportation in accordance with the National
Ambulance Fee Schedule. (Approved, 5-0).
J. ORDINANCE NO. 39-09: Consider a privately-initiated amendment to Land
Development Regulations (LDR) Section 4.3.4., "Base District Development
Standards", Subsection (H)(6), "Special Setbacks", to modify the area where the thirty
foot special combination setback must be provided. (Approved, 5-0).
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
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12. FIRST READINGS:
A. ORDINANCE NO. 55-09: Consider acity-initiated ordinance amending Chapter 96,
"Fire Safety and Emergency Services", of the Code of Ordinances by amending Section
96.11, "Fire Safety Community Education", to provide for various fees for Fire Safety
Community Education. If passed, a public hearing will be scheduled for October 6,
2009. (ADDENDUM) (Approved, 5-0).
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: SEPTEMBER 18, 2009
8._ a e« J ~aaa~ d s ~I.1~~.
09/22/2009
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