CM 2005-09-13MINUTES OF SEPTEMBER 13, 2005
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, September 13, 2005, at 5:30 p.m. in the City Council Chambers of
Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members
were present:
Doug Stover, Mayor
Tim Brancheau, Mayor Pro Tem
Jayne Peters, Councilmember
Brianna Hinojosa-Flores, Councilmember
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Thom Suhy, Councilmember
Councilmember York was absent from the meeting. Also present were City
Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager.
ITEM # ITEM DESCRIPTION
1. Call to order.
EXECUTIVE SESSION
{Closed to the Public)
e
Convene Executive Session pursuant to:
A. Section 551.071, Texas Government Code - Consultation
with City Attorney.
1. City of Coppell vs. Barney Barnett, et al.
B. Section 551.072, Texas Government Code - Deliberation
rel/iardinl/[ Real Property.
1. Sale of land east of Hammond, south of Bethel and
west of Coppell Road.
Mayor Stover convened into Executive Session at 5:40 p.m. as allowed under
the above-stated article. Mayor Stover recessed the Executive Session at 6:01
p.m. and opened the Work Session.
WORK SESSION {Open to the Public)
3. Convene Work Session
A. Visit by Representative Jim Jackson.
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Discussion of appointments to the City's Boards,
Commissions and Committees.
Discuss and Review of HB 87 and it's impact on Coppell.
Discussion regarding construction of a sound barrier wall
at William T. Cozby Public Library.
Discussion regarding date for Special Council Meeting to
canvass the September 10th Election results.
Review of Sign Zones.
Discussion of Agenda Items.
REGULAR SESSION
4. Convene Regular Session.
(Open to the Public)
Invocation.
Councilmember Faught led those present in the Invocation.
Pledge of Allegiance.
Mayor Stover led those present in the Pledge of Allegiance.
Citizens' Appearances.
ao
Cindy Warner, 841 Falcon Lane, thanked Council for their vote
and support on the 379A Sales Tax Election.
Bo
Dr. Jeff Turner, 947 Mallard Drive, thanked Council for holding
the 379A Sales Tax Election.
Mayor Stover discussed Item 25C at this time. Mayor Stover read a letter
to Lee Foreman thanking him for all his work on promoting the 379A
Sales Tax Election.
CONSENT AGENDA
8. Consider approval of the following consent agenda items:
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Consider approval of minutes:
AuEust 9, 2005 (amended}
AuEust 23, 2005
AuEust 30, 2005
September 6, 2005.
Consider acceptinl/[ the resil/ination of Jennifer Jackson
from the Library Board, term to expire October 2006.
Consider approval of an ordinance to amend the Land Use
Assumptions and the Capital Improvement Plan for
Water, Wastewater and Roadway Facilities by amendinl/[
the City of Coppell Code of Ordinances, Chapter 17,
Impact Fees; and authorizinl/[ the Mayor to sil/in.
Consider approval of the annual review of the written
Investment Policy of the City of Coppell as provided by
the Public Funds Investment Act, Chapter 2256, Texas
Government Code.
Consider approval of a contract for the renewal of the
Dallas County Health Services Al/ireement, effective
October 1, 2005, throutih Septe. m. ber 30, 2006, in. the
amount of $3,131.00, and authonzlnti the Mayor to sltin.
Consider approval of an Ordinance for Case No. PD-
108R6-H, Historic Coppell Properties, Ltd., zoninti chantie
from PD-108-H and H (Planned Development-108-Historic
and Historic} to PD-108R6-H (Planned Development-106
Revision 6-Historic}, to amend the Planned Development
and attach a Detail Site Plan to allow the development of
two medical and office buildintis totalinti 33,108-square
feet on approximately 3.3 acres of property located alonE
the south side of Bethel Road, approximately 185 feet
east of Coppell Road, and authorizinl/[ the Mayor to sil/in.
Action:
Councilmember Tunnell moved to approve Consent Agenda Items A, B, C
carrying Ordinance No. 2005-1107, D, E and F carrying Ordinance No.
91500-A-418. Mayor Pro Tem Brancheau seconded the motion; the
motion carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers
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Peters, Hinojosa-Flores, Tunnell, Faught and Suhy voting in favor of the
motion.
Consider approval of an Ordinance approvint[ and adoptint[ the
budtiet for the City of Coppell for the Fiscal Year of October 1,
2005 throutlh September 30, 2006, and authorizintl the Mayor
to sitln.
Presentation:
Jennifer Armstrong, Finance Director, made a presentation to the
Council.
Jim Witt, City Manager, made a presentation to the Council.
Action:
Councilmember Tunnell moved to approve Ordinance No. 2005-1108
approving and adopting the budget for the City of Coppell for the Fiscal
Year of October 1, 2005 through September 30, 2006, and authorizing
the Mayor to sign. Councilmember Peters seconded the motion; the
motion carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers
Peters, Hinojosa-Flores, Tunnell, Faught and Suhy voting in favor of the
motion.
10.
Consider approval of an Ordinance of the City of Coppell, Texas
levyinl/[ the ad valorem taxes for the year 2005 at .6486/$100
taxable valuation of which .45645 for operations and
maintenance and .19215 for interest and sinkintl, and
authorizintl the Mayor to sitln.
Presentation:
Jim Witt, City Manager, made a presentation to the Council.
Action:
Councilmember Peters moved to approve Ordinance No. 2005-1109
levying the ad valorem taxes for the year 2005 at .6486/$100 taxable
valuation of which .45645 for operations and maintenance and .19215
for interest and sinking and that property taxes be increased by the
adoption of a tax rate of .64860, and authorizing the Mayor to sign.
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Councilmember Suhy seconded the motion; the motion carried 6-0 with
Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores,
Tunnell, Faught and Suhy voting in favor of the motion.
11. Consider appointments to the City's Boards, Commissions and
Committees.
Presentation:
Mayor Stover read the slate of recommended Board and Commission
members as follows:
American Red Cross Representative:
3-year Regular - Dawn Turner
1-year Regular - Mark Lyasko
Animal Services Appeals Board:
2-year Regular - Lisa Clayton
2-year Alternate - Whitney Heimann
Board of Adjustment:
2-year Regular
2-year Alternate
John Hoppie
Donald Perschbacher
Lawrence Swicegood
Judy Malone
Conduct Review Board
2-year Regular
Lisa Clayton
Christopher Coleman
Jason Crawford
Frank DiMartino
Melissa Hall
Virginia Harn
Linda Pilone
Lawrence Swicegood
Jos~ Tabuena
April Terry
Michael Vasquez
Coppell Economic Development Committee:
2-year Regular - Jason Crawford
Marvin Franklin
Larry Kingsbury
James Pranske
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Coppell Education Development Corporation:
2-year Regular - Tony Aletmus
JoAnn Schauf
Darrell Michiels
Meme Collins-Tabuena
Keep Coppell Beautiful:
2-year Regular -
John Dobson
Cindy Geppert
David Goodner
Tom Hudon
1-year Regular
Brent Wooten
Library Board:
2-year Regular
David Smith
Melissa Hall
Douglas Johnson
2-year Alternate
Meme Collins-Tabuena
1-year Regular
Kathy Ross
1-year Alternate
Wendy Dunn
David Goodner
1-year Youth Advisor
Morgan Griffin
Kelsey Stevenson
Parks and Recreation Board:
1-year Regular -
Julie Basham
Lindy Thomas
1-year Alternate
Kristine Elieson
Plannintl and Zonintl Commission:
2-year Regular - Richard McCaffrey
Dornell Reese
Edmund Haas
Mark Borchgardt
Special Council
2-year Regular
James Walker
April Terry
Jos~ Tabuena
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Action:
Councilmember Hinojosa-Flores moved to approve the appointment of
the recommended Board and Commission members. Councilmember
Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem
Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell,
Faught and Suhy voting in favor of the motion.
12.
PUBLIC HEARING:
Consider approval of the designation of a reinvestment zone
pursuant to Section 312.201 of the Property Redevelopment
and Tax Abatement Act. The property to be considered for
Reinvestment Zone designation is the property owned by LIT
Industrial Texas Limited Partnership, described as Block 1, Lot
I of the West Sandy Lake Road Addition (31.57 acres} and
located at the northeast corner of Sandy Lake Road and S.H.
121.
Presentation:
Jim Witt, City Manager, made a presentation to the Council.
Public Hearinti:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember Peters moved to close the Public Hearing and approve
the designation of a reinvestment zone pursuant to Section 312.201 of
the Property Redevelopment and Tax Abatement Act. The property to be
considered for Reinvestment Zone designation is the property owned by
LIT Industrial Texas Limited Partnership, described as Block 1, Lot 1 of
the West Sandy Lake Road Addition (31.57 acres) and located at the
northeast corner of Sandy Lake Road and S.H. 121. Councilmember
Suhy seconded the motion; the motion carried 6-0 with Mayor Pro Tem
Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell,
Faught and Suhy voting in favor of the motion.
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13.
Consider approval of an Ordinance designating LIT Industrial
Texas Limited Partnership, Reinvestment Zone No. 45, and
authorizing the Mayor to sign.
Mayor Stover advised that Items 13 and 14 could be considered together.
Presentation:
Mindi Hurley, Economic Development Coordinator, made a presentation
to Council.
Action:
Councilmember Tunnell moved to approve:
Item 13:
Ordinance No. 2005-1110 designating
Partnership, Reinvestment Zone No. 45,
sign;
LIT Industrial Texas Limited
and authorizing the Mayor to
and
Item 14:
Resolution No. 2005-0913.1 approving a Tax Abatement Agreement
between the City of Coppell and LIT Industrial Texas Limited
Partnership, and authorizing the Mayor to sign.
Councilmember Peters seconded the motion; the motion carried 6-0 with
Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores,
Tunnell, Faught and Suhy voting in favor of the motion.
14.
Consider approval of a Resolution approving a Tax Abatement
Agreement between the City of Coppell and LIT Industrial
Texas Limited Partnership, and authorizing the Mayor to sign.
This item was considered under Item 13. See Item 13 for minutes.
15.
PUBLIC HEARING:
Consider approval of Case
zoning change request
No. PD-186R7-LI, Duke-Freeport,
from PD- 186R2-LI (Planned
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Development-186 Revision 2-Litlht Industrial) to PD-186R7-LI
(Planned Development-186 Revision 7-Litlht Industrial), to
amend the Planned Development to attach a Detail Site Plan to
allow the construction of a 142,247-square-foot buildintl on Lot
2R1, Block A, and a 93,345-square-foot buildintl on Lot 2R2,
Block A, totalintl 16.51 acres of property located at the
northwest corner of Freeport Parkway and Bethel Road.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Jeff Turner, Duke Realty, 5495 Beltline, Dallas, representing the
Applicant, addressed questions of Council regarding the building
architecture.
Mike Connel, Corgan Architects, 501 Elm Street, Dallas, representing the
Applicant, discussed the design of the buildings in the park.
Public Hearinti:
Mayor Stover opened the Public Hearing and asked for those persons
wishing to speak.
1)
Lee Foreman, 629 Pheasant Lane, spoke regarding the importance of
the corner and his feelings that the developer was not working with
the city to achieve an acceptable building design.
Action:
Councilmember Tunnell moved to close the Public Hearing and approve
Case No. PD-186R7-LI, Duke-Freeport, zoning change request from PD-
186R2-LI (Planned Development-186 Revision 2-Light Industrial) to PD-
186R7-LI (Planned Development-186 Revision 7-Light Industrial), to
amend the Planned Development to attach a Detail Site Plan to allow the
construction of a 142,247-square-foot building on Lot 2R1, Block A, and
a 93,345-square-foot building on Lot 2R2, Block A, totaling 16.51 acres
of property located at the northwest corner of Freeport Parkway and
Bethel Road subject to the following conditions:
1)
Provide dimensions and color specifications on elevation sheets;
and
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More architectural detail needs to be incorporated on building
elevations, including the consideration of repeating the
architectural feature at the southeast corner of the 93,000-square
foot building at the northeast corner.
Councilmember Faught seconded the motion; the motion carried 6-0
with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-
Flores, Tunnell, Faught and Suhy voting in favor of the motion.
16.
PUBLIC HEARING:
Consider approval of the Duke-Freeport Addition, Lots
2R1&2R2, Block A, Replat, being a replat of the rernaining
portion of the original Lot 2, Block A, into Lots 2R1&2R2,
totaling 16.51 acres of property located at the northwest
corner of Freeport Parkway and Bethel Road.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Public Hearinti:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember Peters moved to close the Public Hearing and approve
Duke-Freeport Addition, Lots 2Rl&2R2, Block A, Replat, being a replat of
the remaining portion of the original Lot 2, Block A, into Lots 2Rl&2R2,
totaling 16.51 acres of property located at the northwest corner of
Freeport Parkway and Bethel Road subject to the following condition:
Compliance with Engineering comments generated at the time of
detailed engineering review.
Councilmember Suhy seconded the motion; the motion carried 6-0 with
Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores,
Tunnell, Faught and Suhy voting in favor of the motion.
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17.
PUBLIC HEARING:
Consider approval of the Parkwest Commerce Center, Lots
2R&3, Block 5, Replat, beintl a replat of Lot 2, Block 5,
containinl/[ 14.84 acres of property located at the northwest
corner of Beltline Road and Wranl/iler Drive, to allow the sale of
the undeveloped portion of this lot.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Dennis Chovan, Halff & Associates, 3801 Parkwood Boulevard, Frisco,
representing the Applicant made a clarification that the replat was for
the purpose to sell one or both of the lots.
Public Hearinti:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Mayor Pro Tem Brancheau moved to close the Public Hearing and
approve the Parkwest Commerce Center, Lots 2R&3, Block 5, Replat,
being a replat of Lot 2, Block 5, containing 14.84 acres of property
located at the northwest corner of Beltline Road and Wrangler Drive, to
allow the sale of the undeveloped portion of this lot, subject to the
following condition:
Within six months of Council approval of this Replat, the 13 over-
story trees shall be installed along the western property line of Lot
2R.
Councilmember Hinojosa-Flores seconded the motion; the motion carried
6-0 with Mayor Pro Tem Brancheau and Councilmembers Peters,
Hinojosa-Flores, Tunnell, Faught and Suhy voting in favor of the motion.
18.
Consider approval of the Vautlhan Addition, Lot 1, Block A,
Site Plan, to allow the construction of an approximate 220-
square-foot porch in front of the existintl structure and the
addition of four parkinl/[ spaces at 412 Bethel Road, located on
1.28 acres of property alonE the north side of Bethel Road,
approximately 170' east of Mitchell Road.
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Presentation:
Gary Sieb, Director of Planning, made a presentation on Items 18 and
19.
Action:
Mayor Pro Tem Brancheau moved to approve:
Item 18:
Vaughan Addition, Lot 1, Block A, Site Plan, to allow the construction of
an approximate 220-square-foot porch in front of the existing structure
and the addition of four parking spaces at 412 Bethel Road, located on
1.28 acres of property along the north side of Bethel Road, approximately
170' east of Mitchell Road;
and
Item 19:
Vaughan Addition, Lot 1, Block A, Minor Plat, to allow the construction
of an approximate 220-square-foot porch in front of the existing
structure and the addition of four parking spaces at 412 Bethel Road,
located on 1.28 acres of property, along the north side of Bethel Road,
approximately 170' east of Mitchell Road subject to the following
condition:
1) City Council approval of the exception to the 20' minimum
commercial drive requirement.
Councilmember Faught seconded the motion; the motion carried 6-0
with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-
Flores, Tunnell, Faught and Suhy voting in favor of the motion.
19.
Consider approval of the Vautlhan Addition, Lot 1, Block A,
Minor Plat, to allow the construction of an approximate 220-
square-foot porch in front of the existintl structure and the
addition of four parkint[ spaces at 412 Bethel Road, located on
1.28 acres of property, alont[ the north side of Bethel Road,
approximately 170' east of Mitchell Road.
This item was considered under Item 18. See Item 18 for minutes.
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20.
PUBLIC HEARING:
Consider approval of amendintl the Land Use Plan of the 1996
Comprehensive Master Plan from Neil/ihborhood Retail to
Historic on 3.2 acres of property alonE the south side of Bethel
Road, east of Freeport Parkway and a zoninl/[ chanl/ie for Case
No. ZC-618(CH), including PD-211-S-1226, Hard Eight Pit Bar-B-
Q Restaurant, with Private Club, from R (Retail) to H (Historic),
to expand and incorporate 3.2 acres of property alonE the south
side of Bethel Road, east of Freeport Parkway into the
desiEnated Historic district.
Presentation:
Gary Sieb, Director of Planning made a presentation to the Council.
Public Hearinti:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember Suhy moved to close the Public Hearing and approve
amending the Land Use Plan of the 1996 Comprehensive Master Plan
from Neighborhood Retail to Historic on 3.2 acres of property along the
south side of Bethel Road, east of Freeport Parkway and a zoning change
for Case No. ZC-618(CH), including PD-211-S-1226, Hard Eight Pit Bar-B-(2
t~estaurant, with Private Club, from R (Retail) to H (Historic), to expand and
incorporate 3.2 acres of property along the south side of Bethel Road, east
of Freeport Parkway into the designated Historic district. Councilmember
Peters seconded the motion; the motion carried 6-0 with Mayor Pro Tem
Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell,
Faught and Suhy voting in favor of the motion.
21.
PUBLIC HEARING:
Consider approval of a text chanl/ie amendment to delete
Article 26, Sections 12-26-0 throutih 12-26-7, HI (Heavy
Industrial) district and any other reference in Chapter 12,
Zoninl/[, of the Code of Ordinances.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
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Public Hearinti:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember Tunnell moved to close the Public Hearing and approve a
text change amendment to delete Article 26, Sections 12-26-0 through
12-26-7, HI (Heavy Industrial) district and any other reference in Chapter
12, Zoning, of the Code of Ordinances. Councilmember Suhy seconded
the motion; the motion carried 6-0 with Mayor Pro Tem Brancheau and
Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught, Suhy and
York voting in favor of the motion.
22.
PUBLIC HEARING:
Consider approval of a text amendment to Chapter 12, Zonintl,
of the Code of Ordinances, Article 30, Sections 12-30-4, A
(Atlricultural) district; 12-30-5, SF-ED (Sintile Family Estate
District); and 12-30-12, LI (Litlht Industrial) district, to require
a Special Use Permit for a temporary batch plant maintained in
excess of one hundred and eil/ihty (180) days.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Public Hearinti:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember Faught moved to close the Public Hearing and approve a
text amendment to Chapter 12, Zoning, of the Code of Ordinances,
Article 30, Sections 12-30-4, A (Agricultural) district; 12-30-5, SF-ED
(Single Family Estate District); and 12-30-12, LI (Light Industrial)
district, to require a Special Use Permit for a temporary batch plant
maintained in excess of one hundred and eighty (180) days. Mayor Pro
Tem Brancheau seconded the motion; the motion carried 6-0 with Mayor
Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores,
Tunnell, Faught and Suhy voting in favor of the motion.
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23.
Consideration of an Interlocal Atlreement with the City of
University Park, Texas to provide evacuee relief services in
conjunction with Metrocrest Social Services and authorizintl
the Mayor to sitln.
Presentation:
Jim Witt, City Manager, made a presentation to the Council.
Action:
Councilmember Peters moved to approve an Interlocal Agreement with
the City of University Park, Texas to provide evacuee relief services in
conjunction with Metrocrest Social Services and authorizing the Mayor to
sign. Councilmember Tunnell seconded the motion; the motion carried
6-0 with Mayor Pro Tem Brancheau and Councilmembers Peters,
Hinojosa-Flores, Tunnell, Faught and Suhy voting in favor of the motion.
Item 25 was considered at this time.
24.
25.
Necessary action resultinl/[ from Work Session.
There was no action necessary under this item.
Mayor and Council Reports.
A. Report by Mayor Stover rel/iardinl/[ Metroplex Mayors'
Meetinl/[.
B. Report by Mayor Stover rel/iardinl/[ Hurricane Katrina
Relief Efforts.
C. Report by Mayor Stover rel/iardinl/[ Half-cent Sales Tax
Election.
Report by Mayor Pro Tem Brancheau rel/iardinl/[ Grapevine
Stompfest Contest.
Mayor Stover advised that he and City Manager Jim Witt had
attended the Metroplex Mayors' Meeting and the speaker was State
Representative Fred Hill who spoke about the property tax and
revenue cap issue.
Mayor Stover reported on the efforts of the City in providing relief
for the evacuees from Hurricane Katrina and advised that area
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Co
churches, community organizations and city employees had
adopted the housing units provided for the hurricane victims. City
Attorney Robert Hager indicated his law firm would like to adopt
one of the families. Councilmembers reported on various relief
efforts transpiring in the community.
This item was discussed above under Item 7.
Mayor Pro Tem Brancheau spoke regarding the
Stompfest Contest in which he and Councilmember
participated and won the first prize for best costume.
Grapevine
York had
The Executive Session was reconvened at this time.
EXECUTIVE SESSION {RECONVENED}
(Closed to the Public)
Reconvene Executive Session pursuant to:
Section 551.071, Texas Government Code - Consultation
with City Attorney.
1. City of Coppell vs. Barney Barnett, et al.
Section 551.072, Texas Government Code - Deliberation
rel/iardinl/[ Real Property.
1. Sale of land east of Hammond, south of Bethel and
west of Coppell Road.
Mayor Stover reconvened into Executive Session at 9:32 p.m. as allowed under
the above-stated article. Mayor Stover adjourned the Executive Session at
10:04 p.m. and reconvened the Regular Session.
REGULAR SESSION
(Open to the Public)
26. Necessary Action Resultinl/[ from Executive Session.
Action:
Councilmember Peters moved to approve the agreed judgment as
presented in Executive Session between the City of Coppell and
Barney K. Barnett and Gary G. Leeper, Trustees of the family trust.
Councilmember Hinojosa-Flores seconded the motion; the motion carried
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6-0 with Mayor Pro Tem Brancheau and Councilmembers Peters,
Hinojosa-Flores, Tunnell, Faught and Suhy voting in favor of the motion.
There being no further business to come before the City Council, the meeting
was adjourned.
Dou~las~N. ~t~'ver, Mayor
ATTEST:
~-~ibDy B~, dity Secretary
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