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HomeMy WebLinkAbout09-03-02MINUTES Board of Directors Room City Hall — 500 W. Markham Little Rock, Arkansas September 3, 2002 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Dailey presiding. The roll was called by City Clerk, Nancy Wood, with the following Directors present: Pugh, Hinton, Stewart, Graves, Lichty, Kumpuris, Keck, Adcock, Wyrick, Vice Mayor Cazort and Mayor Dailey. Director Keck gave the invocation, which was followed by the Pledge of Allegiance. Mayor Dailey asked the Board to consider the following modifications to the agenda Modification: Deferral: M -1. PRESENTATION: UALR — Chancellor Hathaway (Deferred to September 17, 2002) A motion was made by Director Adcock, seconded by Vice Mayor Cazort to modify the agenda as listed; by unanimous voice vote of the Board members present, the agenda was modified. PRESENTATIONS: River Market (September 3, 2002) UALR — Chancellor Hathaway (September 3, 2002) (Deferred to September 17, 2002) Solid Waste Update (September 3, 2002) Ms. Shannon Light, River Market Director, gave the presentation on the River Market, giving an overview of what has happened the last six years, and the goals they have for the future. Mr. Guy Lowes, Interim Public Works Director, gave an update on Solid Waste Pickup, outline the routes, the days of pickup, and the advertising and notification of the new schedules that are to begin citywide September 9, 2002. The Consent Agenda consisted of Items 1 -10. 1. MOTION - To approve minutes from regular Board of Directors Meetings: May 21, 2002; Reconvened Meeting: May 28, 2002. 2. RESOLUTION NO. 11,361 - G -24 -010 - To set the date of public hearing for September 17, 2002 on the abandonment of a 10 ft. by 194 ft. utility easement located along the rear (east) perimeter of Lot 2R, University and "H" Street Addition. 3. RESOLUTION NO. 11,362 - G -24 -009 - To set the date of public hearing for September 17, 2002 on the petition to abandon a 40 ft. X 1,675 ft. easement located along the south perimeter of Otter Creek Subdivision. 4. RESOLUTION NO. 11,363 - Authorizing the City Manager to enter into a contract with Little Rock Equipment Sales for the purchase of two (2) mowing tractors in the amount of $119,770 for the Public Works Department. . 5. RESOLUTION NO. 11,364 - Awarding a contract to Cobar Contracting, Incorporated for improvements to 11th Street. 6. RESOLUTION NO. 11,365 - Awarding a contract to KHS Construction, LLC for improvements to 31St Street. 7. RESOLUTION NO. 11,366 - Awarding a contract to KHS Construction, LLC for improvements to 3rd Street. 8. RESOLUTION NO. 11,367 - To approve the uses of reallocated CDBG funds. 9. RESOLUTION NO. 11,368 - To authorize the City Manager to enter into a contract with Gresham Smith and Partners to conduct Intersection Safety Studies on Six Intersections. 10. RESOLUTION NO. 11,369 - To authorize a historic fagade easement with Junior League of Little Rock, and for other purposes. (Deferredfroms -s -oa) A motion was made by Director Adcock, seconded by Vice Mayor Cazort, by unanimous voice vote of the Board members present the Consent Agenda was adopted. CITIZENS COMMUNICATIONS: Speaker: Don Darnell, 7007 E. Wakefield Drive Topic: Summit on Race /Worldfest 2002 Mr. Darnell stated that on September 25-27,,2002, the City of Little Rock and the Racial Cultural Diversity Commission will join the nation and the world in commemorating the 45th observance of the Central High School Crisis of 1957. The theme of the summit is "Limitless Opportunities ", with emphasis on race relations and economic development, education ,judiciary and law enforcement, health, youth empowerment and leadership. The objective of the summit is the possible creation of an office of Civil or Human Rights in the City of Little Rock to be accessible to all citizens of the State of Arkansas. Speaker: Mollie Irwin, 507 Deerbrook Road Topic Traffic Light Ms. Irwin stated this was the twentieth time she had been before the Board, requesting the traffic light at Henderson Middle School. She stated there are 727 children who attend the school, many having to cross the "Barrow Road Speedway" and this was an area that needs attention. Speaker: Don Hood, P. O. Box 194101 Topic: Sewer Service on 23`d and Walker Street Addressed the issue of unsewered areas in the John Barrow Addition, and the sewer rate increase, and asked the Board to consider those areas when passing the rate increase. Speaker: Dee White, 214 Barton Street Topic: Violence in the City of Little Rock Ms. White asked for the opportunity to debate Mayor Dailey in the upcoming election. She stated this administration has failed the children of Little Rock. There is a lack of leadership, and life in Little Rock going back to the stone age, utilities have become a luxury, pot holes the size of sink holes, unsewered areas, and working people are unemployed or underemployed, and morale is very low, the police have been hostile toward the youth in her neighborhood. Speaker: Carolyn Island, 7019 Dorsey Road Topic: Parking Meters Ms. Island addressed the issue of handicapped parking at the parking meters. She said the handicapped and disabled citizens are concerned with the metered in the handicapped parking spaces. She said it takes a handicapped person longer to enter and exit their vehicles, and longer to reach destinations and transact business, the meters are not always located in the most convenient places for their purposes. She asked the Board to consider having the handicapped parking go back to the original way, which was that a handicapped person could park at any meter free of charge. The Grouped items consisted of Items 11 -16. — 11. ORDINANCE NO. 18,736 - S- 1042 -R - Granting a variance from various Lot Development Standards or Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas; providing for a variance to allow a reduced platted front building line and a variance to allow the creation of a pipe stem lot for Villages of Wellington Phase 9 – Preliminary Plat, located on the northeast corner of Wellington Village Drive and Loyola Drive. Planning Commission: 9 yes, 0 no, 1 absent. Staff recommends approval. 12. ORDINANCE NO. 18,737 - Z -7258 - Approving a Planned Zoning Development and establishing a Planned Residential Development titled BLS, LLC Short -Form PDR 0 located at 321 Rose Street in the City of Little Rock; amending the Official Zoning Map of the City of Little Rock, Arkansas, and for other purposes. (Planning Commission: 8 yes, I no, 1 absent.) Staff recommends approval. 13. ORDINANCE NO. 18,738 - Z- 6506 -A — Approving a Planned Zoning Development and establishing a Planned Office District titled Terrywood, Inc., Long - Form PDO located 150' north of Morris Manor Drive on the west side of John Barrow Road in the City of Little Rock; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 yes, 0 no, I absent. Staff recommends approval 14. ORDINANCE NO. 18,739 - Z- 6317 -A — Approving modification to a Planned Zoning District and providing for the establishment of a Planned Industrial District titled Clean Tech Ventures Short -Form PID located at 8020/8112 Baseline Road in the City of Little Rock; amending the Official Zoning Map of the City of Little Rock, Arkansas, and for other purposes. Planning Commission: 9 yes, Ono, I absent. Staff recommends approval. 15. ORDINANCE NO. 18,740 Z- 7025 -A — Approving modification to a Planned Zoning District and providing for the establishment of a Planned Commercial District titled Creekwood Plaza Revised Long -Form PCD located on the northeast corner of Bowman Road and Kanis Road in the City of Little Rock, Arkansas, amending Ordinance No. 18515 and the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 yes, 0 no, 1 absent. Staff recommends approval. 16. ORDINANCE NO.18,741 - Z- 5887 -C — Approving modification to a Planned Zoning District and providing for the establishment of Planned Commercial District titled Embassy Suites Long -Form PCD located at 11301 Financial Centre Parkway in the City of Little Rock; amending Ordinance No. 18271 and the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 yes, 0 no, I absent. Staff recommends approval Mayor Dailey called for the first reading of the Grouped items. Items 11 — 16 (Ordinances) were read the first time. Director Adcock made a motion, seconded by Vice Mayor Cazort to suspend the rules and place the ordinances on the second reading. The rules were suspended by two - thirds vote of the Board members present, and the ordinances were read the second time. Directory Adcock made a motion, seconded by Vice Mayor Cazort to place the ordinances on the third and final reading, and by two thirds vote of the Board members present the rules were suspended and the ordinances were read the third time. Mayor Dailey called for a vote to adopt the ordnances as read. By unanimous voice vote of the Board members present, the ordinances were passed. 17. PUBLIC HEARING &RESOLUTION NO. 11,370 - To recommend projected uses of the 2003 CDBG, HOME, and ESG Funding. Mayor Dailey opened the public hearing. There was a brief discussion regarding the funding. Ms. Mary Alford, 3024 Center Street, asked the Board to allot more money from CDBG into Home Repairs. Mr. Boyzenski, Housing and Neighborhood Programs Director, stated he was at a Consolidated Meeting, and a majority of the CDBG money is going into home related, home repair or housing related issues. There is the limited home repair program, and possible some individuals could apply for that money. Ms. Mertice Green, representing the Stephens Community Development, stated there has been a lot of drug dealing in some of the CDBG areas, and thought that perhaps some of the young people involved in selling drugs could be used on a work program to rehabilitate and remodel these communities, and if they could work for contractors, that would be an educational process for some of them. Mayor Dailey asked Ms. Green to leave her name and phone number with Mr. Moore, Interim City Manager, as there may be funding in other areas for bringing in the youth involvement in a program such as she had just mentioned. Mayor Dailey closed the public hearing. The resolution was read. A motion was made by Director Adcock, seconded by Vice Mayor Cazort, to adopt the resolution. By unanimous voice vote of the Board members present. The resolution was adopted. 18. ORDINANCE NO. 18,742 - To mandate that persons who live out of state and who own real property in the City for residential rental purposes shall have a local agent authorized to receive written notice and process for housing premise code enforcement; to declare that residential rental properties not responsibly represented by an owner or local agent of the owner shall be deemed a nuisance; to declare an emergency; and for other purposes. (First reading: 8 -2 -02) Director Lichty discussed an amendment to the ordinance. He said the language in this particular ordinance seems to potentially restrict the ability of a licensed real estate agent in the State of Arkansas to practice his or her craft. He referred to Paragraph C, Subparagraph 1 which designates that such agent as established in the particular ordinance, shall reside or maintain a place of business within the limits of Pulaski County, Arkansas. He said he realized the intent of this ordinance was to create a new class of agent for service only, but it preempted, in his judgment, the practice of a professional real estate agent as a property manager, i.e. a full time real d'6 1 estate agent acting in behalf of the owner. He said to qualify this, that just to make sure a situation is created where a licensed real estate agent cannot act in that capacity of service, that this particular paragraph, and put a comma after Pulaski County, Arkansas and add the following language: Unless such agent is a licensed real estate agent authorized to practice within the state of Arkansas pursuant to applicable real estate law. He said what that does is lock him or her into this area of being able to act as agent for service and at the same time doesn't constitutionally prohibit that person from practicing his profession. Vice Mayor Cazort stated he understood what Director Lichty was asking and understood the intent of Section C, and it occurred to him that it might not be so important to have the agent inside the county, but to with this amendment it would be possible for the real estate agent not to reside in the State of Arkansas, but still maintain a real estate license, and therefore, potentially not fit under the person who would be a valid agent for service of process because they are not a resident of the state of Arkansas. He said he thought it should be restricted to those who have a real estate license in the state of Arkansas, and reside in the state of Arkansas as well. Director Lichty had no problem with this. Director Adcock stated she would like for Mr. Carpenter, or Mr. Giles, city attorney to comment on this. She stated she thought the sole purpose of this ordinance was that there would be someone here, who the code officers could get in touch with. She said someone in Ft. Smith or North West Arkansas is not going to have the same intent as having someone here in Pulaski County. Mr. Carpenter suggested that the reason the language is stated as such in the ordinance is because the agents who are living in different counties are putting the city in a posture where the warrants are sent to those counties and they may or not get served, and to put that in perspective, think of the warrants in our won police department that do not get served within the city of Little Rock. The questions becomes "How interested is anybody going to be to want to serve a City of Little Rock premises violation ordinance in another county. He said the ordinance is not preventing the agent from registering and working on behalf of the owner. Mr. Carpenter stated this ordinance interacts with other ordinances, and if language is added, it needs to come back at another meeting. Director Lichty made a motion that the item be tabled for one week, to enable the City Attorney to look at the language he has suggested. Director Keck seconded the motion. Mr. Carpenter asked as a point of order, is this being tabled to come back and to discuss whether to add Director Lighty's addition, or because the Board wants to add Director Lichty's language. Director Lichty stated his intent was to table it with the understanding that the City Attorney would revise that particular paragraph and insert the language he had offered. Director Keck stated he had misunderstood the intent, of the motion, and withdrew his second. Director Stewart seconded the motion. Mr. Carpenter stated that was not a proper motion. A motion to table is to set the item aside for a period of time, and this is a motion to table for a substantive purpose, and that is not a proper motion because the substantive purpose is a debatable issue. Director Lichty stated then that is the motion, which was seconded by Director Keck. A roll call vote on the motion to table was recorded as follows: Directors: Pugh, no, Hinton, no, Lichty, yes, Cazort, no, Keck yes, Stewart, yes, Wyrick no, Kumpuris, no, Graves, yes, Adcock, no, Mayor Dailey no. The motion to table failed. The ordinance was read the second time. Director Adcock made the motion to suspend the rules and palace the ordnance on third and a final reading. Directory Lichty voted no. The ordinance was read the third and final time. Mr. Don Darnell, 7007 E. Wakefield, Ms. Kathy Wells, President of the Coalition of Neighborhoods, Ms. Susan Leslie, Stift Station Neighborhood Association, spoke in favor of the ordinance and urged the Board to pass it. Mayor Dailey called for a voice vote for the adoption of the ordinance. The voice vote was recorded with the following Directors voting yes: Hinton, Pugh, Stewart, Graves, Cazort, Keck, Kumpuris, Wyrick Adcock, and Mayor Dailey, and Director Lichty voted no. The ordinance was adopted. Mr. Carpenter stated there is an emergency clause in Section 6, which was originally set as a fifteen -day emergency clause because of the committee and task force to get this in effect as soon as possible. A voice vote was taken on the emergency clause, the vote was recorded as follows: Directors: Hinton, Pugh, Stewart, Graves, Cazort, Keck, Kumpuris, Wyrick Adcock, and Mayor Dailey, and Director Lichty voted no. The emergency clause was adopted. 19. RESOLUTION NO. 11,371 - Authorizing the City Manager to enter into a towing service contract with each company that responded successfully to the City's request for qualifications and for other purposes. (Deferred from 8- 20 -02) Mayor Dailey stated this item had been deferred a week to allow for meetings with staff, Vice Mayor Cazort, and the towing industry. Vice Mayor Cazort stated they had met the past week and had discussed the concerns and desires the representatives for the towing industry had with the proposals and the contract. He said for this year, a couple of changes had been made, with the goal of not having to rebid the contract this year. One is that the City would not require a payment of any franchise fee on any second tow or on any storage held by the towing companies. Another change made was in the record keeping as to what paperwork would be sufficient to constitute written authority by a vehicle owner or operator as to designate where the vehicle was to be taken and what would be done in the event the preferred form was not signed by a police officer or someone at the scene and 11 the signature was on a different piece of paper., and that had been resolved. Vice Mayor Cazort stated he had committed to sitting down with this group again in April, six months from now, at which point, staff and the towing companies will discuss the potential of some large scale changes in next years contract. The resolution was read. A motion was made by Vice Mayor Cazort, seconded by Director Keck, and by unanimous voice vote of the Board members present, the resolution was adopted. 21. RESOLUTION NO. To establish a joint Little Rock City Government and Little Rock Wastewater Utility Task Force to study and make recommendations on alternative financing methods for wastewater treatment; and for other purposes. There was discussion on the study that had already been conducted, and the proposal to do another study to study growth and alternative financing for the treatment plant. Ms. Kathy Wells, President of the Coalition of Little Rock Neighborhoods, spoke in support of holding out the new treatment plant in the Little Maumelle Basin for further study saying that there had never been a citizens advisory vote on any of the proposal, and some things existed that need further study regarding the proposal. Ms. Sharon Welch - Blair, 2120 Louisiana Street, stated the real issue in whether a new waste disposal plant is the issue of growth. If there is additional growth the city needs to be progressive, to allow the city to expand and have much broader economic development. If there is not growth, then why would the city want to spend more money on additional waste treatment, and tax the existing citizens when some citizens are not even covered who live in the existing city limits. The population growth projections from the year 1990 to 2025, and the percent of growth is 17.8 %, which is a' /2% of growth per year. The other counties are growing because people are leaving Little Rock, and going to other counties. She proposed the City is not dealing with growth but rather westward migration, and the city does not need to add additional sewage treatment so that further migration is encouraged. She stated that representing the Downtown Neighborhood Association encouraged the Board to take a serious look at the proposed waste treatment plant, and determined whether the city wants to encourage or whether it is really needed to deal with the current issues, in light of the small growth projections. Mr. Jim Lynch, 16 Lenon Drive, stated he was on the committee that did the previous study. He stated as a citizen serving on the committee, he tried to identify the real problem and utility concerns. It was expressed that there was an infiltration problem with water into the stem, so there was a need for better pipes, pipes needed replaced, etc. He said he agreed with most of what is being requested, but felt additional study needed to be done on the issue of the additional treatment plant, which was never discussed at an substantive length in any of the citizen advisory committee meetings. He stated there is a need to study the wastewater treatment plant issue and its financing, and was of the opinion it would be built, but the issue was how it is to be financed. Mr. Stuart Mackey, 5406 N. Grandview, stated he serves on the Wastewater Utility, and stated for the record in terms of the Citizens Advisory Groups, there were two regulators, one from the Arkansas Department of Health and one from the Arkansas Department of Environmental Quality, four neighborhood coalitions, Southwest Little Rock United for Progress, Coalition for Little Rock Neighborhoods, West Central Little Rock Neighborhoods Connections, and two industrial or commercial users, Falcon Jet and Baptist Health, and Director Hinton joined in as well as a member of their committee, Pat Miller, and Hank Bates, representing the Sierra Club, and Bob Turner, Public Works Director for the City of Little Rock. He stated that this resolution for a joint committee has already been done, and that was even beyond the citizens advisory group. Mr. Mackey asked the Board to move forward and not go back and spend money that is not needed for an additional task force because they spent over a million dollars in the last year studying this. Director Stewart, who sponsored the resolution, stated that the previous study did not discuss growth or alternative financing in the discussions with the citizens advisory committee or in the report, and this resolution is to have a task force that would be a public body supported wholly or partly by public funds and comprised of eleven members. After a brief discussion, Mayor Dailey called for the reading of the resolution. The resolution was read. Director Stewart made the motion to adopt the resolution; Director Pugh seconded the motion. A roll call vote was taken as follows: Directors: Hinton, no, Pugh, yes, Stewart, yes, Lichty, no, Cazort, no, Keck, no, Wyrick, yes, Kumpuris, yes, Graves, no, Adcock, no, Mayor Daily no. The vote was 8 no, 3 yes. The resolution failed. 22. RESOLUTION NO. 11,372 - To authorize the City Manager to enter into a governmental services agreement with Pulaski County, Arkansas for the purpose of -- providing animal services; and for other purposes. (Deferred from 8 -27 -02 — Reconvened Meeting) Mr. Sherman Banks, Pulaski County Public Works Director was present and explained the contract. Director Adcock asked for additional study on issues discussed at the 8 -27 -02 Board of Directors meeting, before the contract is renewed for the next year. The resolution was read; by unanimous voice vote of the Board members present, the resolution was passed. 20. ORDINANCE — Establishing a schedule of sewer rates for the Little Rock Waste Water Utility, repealing Ordinance 18,232 (3- 21 -00) declaring an emergency, and for other purposes. 5 Mayor Dailey asked Mr. Moore, Interim City Manager, if there was any additional information to add other than what has already been presented. Mr. Moore stated there was not, at this point. Mayor Dailey asked Mr. Corbit, Waste Water Utility Manager to come forward to answer any questions. Director Graves asked if the current proposal included the unsewered areas. Mr. Corbit stated that Option C would include these areas, and fund all the areas that are unsewered now. Director Graves asked if the current system would need to be expanded with or without additional growth. Mr. Corbit answered that the system would need to be rehabilitated. Mr. Corbit explained that some of the pipes in the system are as much as one hundred years old. For many years the Utility has been in "emergency response mode ", basically that means when it breaks you fix it. That is an expensive position to be in, if you wait until something breaks down to fix it, it costs more than if you do routine preventive maintenance and keep it in good running order. He said that this is the phase the Utility is in now; going to preventive maintenance. Getting the system into the shape where it can be maintained. This has long term effects, the cheapest of which is that studies have shown over a four year period, planned or preventive maintenance is half as expensive as the emergency response mode. He said costs tend to level out with preventive maintenance, and comply with the court order that says the Utility must stop the overflows. Mr. Corbit stated the new treatment plant is a part of the puzzle, overflows occur downstream of that area. Mr. Corbit stated that a decision has not been made as to the location of the treatment plant, or if North Little Rock might accept some flowage. He said North Little Rock has a preliminary report, and their report should be completed by December, and then it would be clear what direction to take. There was discussion regarding unsewered areas, and the rate structure for those areas, and the possibility of expansion, and who would pay that cost. Other items discussed were the migration of customers into the new treatment plant, who the plant would serve, and the cost were again discussed, if those users are currently in the city limits of Little Rock, and how many were projected to be outside the city limits. Other issues discussed were the length of time to settle the current law suit, and rehabilitation of some of the lines and in which areas. Mr. Corbit was asked what the rate would be under Option C. Mr. Corbit stated with proposed rate structure C, the average monthly residential sewer bill under existing rates is $16.50 per month. The increase that would be come effective in September, if approved, the proposed rate would be $19.98 a month, and then with the increase effective in June of 2003, the rate would be $24.26 per month. That is based on the average bill with an 800 cubic foot consumption. The commercial customers would be paying the same proportional increase as residential customers. Mr. Corbit was asked to go over some of the cost cutting measures the Utility had taken in the past few years. Mr. Carpenter, City Attorney, stated that the Consent Decree which was signed by the Sewer Committee, because it is somewhat autonomous states "this will be done ", and the Federal Judge has indicated he understands the Sewer Committee will do this, it is not a question of whether they (Wastewater Utility) would do it. It is a question of whether they will do it with the bonds the city has authorized for improvements or the city will do it. Mr. Carpenter stated that what has happened in the lawsuit, is that what the Utility was planning to do over a twenty your period, they have been mandated to do over a fifteen year period or face some fairly substantial fines and penalties. Mr. Carpenter was asked to provide language regarding the unsewered areas, specific to existing customers that currently do not have service. Mr. Jim Lynch, 16 Lenon Drive, Mr. Don Darnell, 7007 E. Wakefield, Ms. Sharon Welch - Blair, 2120 Louisiana and Ms. Kathy Wells , addressed the issues of the need for further study, treat the new treatment plant as a separate option, to look at impact fees or alterative types of financing, and recommended Option C of the proposal which included all the existing unsewered customers. A motion was made by Vice Mayor Cazort to read the ordinance the second time; Directory Lichty seconded the motion, and by unanimous voice vote of the board members present, the ordinance was read the second time. Further action on the item was to take place at the September 17, 2002 regular Board of Directors Meeting. 23. REPORT -City of Little Rock Board of Directors — No report 24. REPORT - City Manager's Activity Report — No report 25. RESOLUTION NO. 11,373 - - Appointments to various Boards and Commissions. A motion was made by Vice Mayor Cazort to recess the meeting to go in to executive — session to consider recommendations for appointments to various Boards and Commissions. Director Adcock seconded the motion, and by unanimous voice vote of the Board members present, the meeting was recessed at 7:40 P.M. The meeting reconvened at 8:05 P.M., Mayor Dailey called the meeting to order. Mr. Bruce Moore, Interim City Manager announced the recommendation to the Community Housing Advisory Board was Pamela Zeiler - Petty, and the recommendation to the River Market Design Review Commission was Gregory T. Hart. A motion was made by Director Adcock, second by Vice Mayor Cazort to appoint the recommended candidates no to the Board positions. By unanimous voice vote of the Board members present, the appointments were made. A motion was made by Vice Mayor Cazort to recess the meeting until September 10 2002. The purpose of the reconvened meeting would be for the discussion of the Public Safety Tax Initiative and to make appointments to the Planning Commission, Director Keck seconded the motion, and by unanimous voice vote of the Board members present, the meeting was recessed to reconvene on September 10, 2002. ATTEST: APPROVED: i , i Clerk M or 7