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Home My WebLink About31301 - MINUTES - City Commission P 1 r MINUTES DANIA CITY COMMISSION REGULAR MEETING j OCTOBER 27, 1987 E t INVOCATION - Vice Mayor Jean Cook i i I PLEDGE OF ALLEGIANCE i ROLL CALL : Present - Mayor : Chester Byrd Vice Mayor : Jean Cook Commissioners : John Bertino Howard Hirsch Charles McElyea City Attorney : Frank Adler City Manager: Eugene Jewell City Clerk : Wanda Mullikin Police Chief: Gilbert Thivener Building Official : Paul Maxwell PRESENTATIONS - none I . CONSENT AGENDA Minutes - 1 . 1 October 13, 1987, Regular Meeting A motion was made by Commissioner Bertino, seconded by Commissioner Hirsch to approve the consent agenda . The motion passed unanimously . 2. PROCLAMATIONS - none i 3 . BIDS - none 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS Building & Zoning 4. 1 Petitioner/Owner: A. Mancusi property located at the NE corner of NE 2 St . & No . Federal Hwy . PUBLIC HEARING - VA-42-87 - A variance is requested to allow the construction of a take-out restaurant with a 6 ' setback . Joe Mancusi stepped forward to explain that he and his brother are requesting a 6 ' front setback from the property line on Fed . Hwy . in lieu of the 10 ' required, intending to have a take-out and walk-up caboose with no seating . Building Official Maxwell reported the P&Z Board recommended ' approval . He mentioned that the recorded plat shows a 4 ' dedication in the front . Mayor Byrd opened the public hearing . Hearing no one speak in favor or opposition, the Mayor closed the public hearing . r A motion was made by Vice Mayor Cook, seconded by Commissioner Bertino to grant the variance ( VA-42-87 ) . Expressing a desire i to see the Engineer ' s plan, Commissioner Hirsch made a motion to I table this item until the next regular meeting of November 10, 1987 . The motion to table passed unanimously. Regular Commission Meeting 1 October 27, 1987 i • 1 I 4. 2 Petitioner/Owner: Albert & Karen Balzanti ; property located at 226 SW 11 St . PUBLIC HEARING - VA-43-87 - A variance is requested to maintain an accessory storage shed adjacent to a side property line (minimum 10 ' i setback required ) . Karen Balzanti stepped forward to explain that the shed was built without realizing that they needed a permit and now, due to the setback requirements, a variance is requested in order to have the permit issued . She said a privacy fence was built in response to a neighbor ' s complaint . Mayor Byrd opened the public hearing . Sue Whittaker spoke in favor . City Manager Jewell read two written objections received . The Mayor then closed the public hearing . A motion was made by Commissioner Bertino, seconded by Commissioner McElyea to grant the variance ( VA-43-87 ) . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook -yes Commissioner Hirsch-yes Mayor Byrd-yes Commissioner McElyea-yes 4. 3 Petitioner/Owner: Jack & Bonneigh Christy ; property located at 205 NW 1 Ave . a ) PUBLIC HEARING - VA-44-87 - A variance is requested to allow the construction of w an industrial building with 7 parking spaces ( 11 spaces required ) . Jack Christy stepped forward to explain the variance request and stated that it is to be a one purpose building primarily used for storage for his own hotel business . Mayor Byrd opened the public hearing . Hearing Gloria Daly speak in opposition and Mrs . Christy speak in favor, the Mayor closed the public hearing . A motion was made by Commissioner Hirsch, seconded by Commissioner Bertino to grant the variance ( VA-44-87 ) . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor Byrd-yes i Commissioner McElyea-yes b ) SP-45-87 - Site Plan approval is requested for an industrial building . A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to grant site plan approval (SP-45-87 ) . i During discussion, Mr . Christy said he would add more greenery . i The motion passed on the following roll call vote : ? Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor Byrd-yes Commissioner McElyea-yes 4.4 Petitioner/Owner: Frank Milford ; property located at 214 SW 1 Ave . PUBLIC HEARING - VA-48-87 - A variance is requested to allow the erection of a 6 ' fence in the front yard . i 1 Regular Commission Meeting 2 October 27, 1987 i . .,,..,..... _., ...:..,....,�„ter , r I ' I i Rose Marshall stepped forward on behalf of her son to request the variance, explaining that they own a large dog and the front yard was fenced in by the 6 ' wooden fence to prevent children from reaching over the fence and to protect the property . She said she had not realized that the fence permit they had was just for the side yard and reported that the P&Z Board recommended approval . Mayor Byrd opened the public hearing . Hearing Carl Maccario and Nancy Lindeman speak in favor, the Mayor closed the public hearing . A motion was made by Commissioner Hirsch, seconded by Commissioner Bertino to grant the variance ( VA-48-87 ) . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook -yes Commissioner Hirsch-yes Mayor Byrd-yes Commissioner McElyea-yes 4. 5 Petitioner: Attorney A.J . Ryan, Jr. ; Owner: Baer ' s Furniture Company, Inc . ; property located at 17 & 19 SE 11 St . a ) PUBLIC HEARING - RZ-63-86 - Rezoning Ordinance (Second and final reading ) The title of an ordinance rezoning Lots 7 and 10, Block B, "Highland Square", from RD 6000 to C-3 zoning classification was read for second and final reading by City Attorney Adler . A.J . Ryan stepped forward to explain that rezoning is requested " 4, for two 50 ' paved lots that lie directly East of the existing facility of Baer ' s Furniture and are currently used for loading and unloading parking . He said rezoning and land use change is being requested for the purpose of separate display of new higher-priced lines of furniture and a design area for interior decorating, eventually planning to tie it to the existing facility so the entrance would also be from US-1 . Mr . Ryan stated for the record that a commitment was made to the neighbor to the East that in the event the rezoning is granted, Baer ' s Furniture would build, with the City ' s concurrence, a concrete fence 5 ' or 6 ' high along the entire length of the property line from SE 11 St . to the end of Lot 10, a distance of about 150 ' . Mayor Byrd opened the public hearing . Grace McDonald commented that the existing hedge should be removed and another neighbor commented that she was not opposed to the rezoning but objected to the store ' s debris . The Mayor closed the public hearing . Raising questions regarding adequate parking area for the existing contiguous major facility, Commissioner Bertino made a motion, seconded by Commissioner McElyea, to continue this item until the next regular meeting of November 10th . During discussion of the motion, it was noted that if a parking problem exists, it can be addressed at the time of site plan approval . i The motion to continue failed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook -no Commissioner Hirsch-no Mayor Byrd-no Commissioner McElyea-yes E Commissioner Hirsch then made a motion , seconded by Vice Mayor Cook, to adopt the rezoning ordinance (RZ-63-86 ) on second and final reading and to direct the City Manager and Building Official to provide the Commission with the necessary j information when the site plan is presented . The motion passed on the following roll call vote : � i Regular Commission Meeting 3 October 27, 1987 ' Commissioner Bertino-no Vice Mayor Cook -yes Commissioner Hirsch-yes Mayor Byrd-yes Commissioner McElyea-no b ) LUF-64-86 •- Request for Land Use Flex Change to assign 0. 4+ acres of commercial flex acreage . A motion was made by Commissioner Hirsch, seconded by Vice Mayor Cook to approve the land use flex change ( LUF-64-86) under the same conditions as the motion approving item 4 . 5a . The motion passed on the following roll call vote : i Commissioner Bertino-no Vice Mayor Cook-yes a Commissioner Hirsch-yes Mayor Byrd-yes Commissioner McElyea-no 4. 6 Petitioner/Owner: DCK Enterprises, Inc . ; property located at 42, 48 & 54 SW 16 St . (Sheridan St . ) a ) PUBLIC HEARING - RZ-47-87 - Rezoning Ordinance ( Second and final reading ) The title of an ordinance rezoning Lots 1, 2, 3, 4 and the West 20 ' of Lot 5, Block 43, " North Hollywood" , less Sheridan St . right-of-way, from RD 6000 to C-2 zoning classification was read for second and final reading by City Attorney Adler. Douglas Kaplan stepped forward to describe the request to rezone the area from duplex to commercial for the purpose of using the property for low level stores of a residential nature such as a pharmacy, barber shop, and the like . Mayor Byrd opened the public hearing . Robert Rock presented ,.- arguments in opposition and delivered letters to the Commission from 16 residents, all objecting to the rezoning . Kurt Ely, commented that a workshop is needed to explore the entire conceptual plan . Mrs . Gay complained about current conditions in the area and said she objected to the rezoning . William Mudd commented in favor . Robert Fay expressed concerns about the sewer system and possible water runoff. Gloria Daly commented in favor and reported the P&Z Board recommended rezoning to C-1 . Ron Zalinsky spoke in opposition to the current proposal . m• Douglas Kaplan responded to some of the concerns expressed and said he felt the comments, although in opposition , appeared to support the need for rezoning . He stated that a public hearing and input on the site plan would be welcomed . The Mayor then closed the public hearing . After hearing Commission comments, Mr. Kaplan, anticipating denial , elected to withdraw the application for rezoning at this time . A motion was then made by Commissioner Hirsch, seconded by Commissioner Bertino to hold a workshop, inviting the area residents and Mr . Kaplan, for discussion on the possible rezoning to commercial of the area on the north side of the i street from Federal Highway to West Dixie . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook -yes Commissioner Hirsch-yes Mayor Byrd-yes Commissioner McElyea-yes {i b ) LUF-50-87 - Request for Land Use Flex Change ( 5% rule ) . No action was taken on this item due to the withdrawal of the rezoning application (RZ-47-87 ) . L Regular Commission Meeting 4 October 27, 1987 I i (� Administrative ( second and final reading of ordinance) 4.7 The title of an ordinance amending Section 2-12 of Chapter 2 of the Code of Ordinances of the City of Dania , entitled " Issuance of Short Term Promissory Obligations" to increase the maximum allowable outstanding short term promissory obligations to a sum f not to exceed $1, 000, 000 was read for second and final reading by City Attorney Adler . Mayor Byrd opened the public hearing . Hearing no one speak in favor or opposition, the Mayor closed the public hearing . A motion was made by Commissioner Hirsch, seconded by Vice Mayor Cook to adopt the ordinance on second and final reading . The motion passed on the following roll call vote : i Commissioner Bertino-no Vice Mayor Cook -yes Commissioner Hirsch-yes Mayor Byrd-yes Commissioner McElyea-yes 4.8 The title of an ordinance amending Section 2.4 of the Code of Ordinances by amending the existing Civil Service Rules in their entirety was read for second and final reading by City Attorney Adler . A motion was made by Commissioner Hirsch, seconded by Vice Mayor Cook to continue the second and final reading of the ordinance until the next regular meeting of November 10th . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Cook-yes Commissioner Hirsch-yes Mayor Byrd-yes Commissioner McElyea-yes 5. SITE PLAN REQUESTS j 5 . 1 Petitioner/Owner: GSD Investments, Inc . ; property located at the w 5400 block of Ravenswood Rd . SP-46-87 - Site Plan Approval is requested for a commercial building in a C-4 (commercial ) zoning district . A motion was made by Commissioner Hirsch, seconded by Commissioner Bertino to continue SP-46-87 until the next regular t meeting of November loth . The motion passed unanimously . .A OJ 5. 2 Petitioner/Owner: Frank Pollara ; property located at 768 East Dania Beach Blvd . SP-49-87 - Site Plan approval is requested to convert a restaurant/warehouse facility into a restaurant/retail facility and modify the existing site plan accordingly . A motion was made by Commissioner Hirsch, seconded by Vice Mayor Cook to continue SP-49-87 until the next regular meeting of November 10th. The motion passed unanimously . 6. EXPENDITURE REQUESTS 6. 1 Request from Dania Economic Development Corporation to extend its agreement with the City of Dania to develop a housing program for low to moderate income persons with the Dania target area . An i additional $ 15, 000 is requested exclusively for administrative and operational costs . (continued from 10/13/87 ) I A motion was made by Commissioner Hirsch, seconded by Vice Mayor Cook to approve the request and authorize the City Manager to administer the expenditure of $15, 000 to D.E .D.C . in payments of ' $5, 000 each in November ' 87, December ' 87, and January ' 88. The motion passed unanimously . i Regular Commission Meeting 5 October 27, 1987 i j f J ` ; 6. 2 Request by Dania Optimist Club to authorize the expenditure of $13, 613 . 58 to drill 6 inch well and purchase materials for installation of new sprinkler system. (continued from 10/13/87 ) A motion was made by Commissioner Bertino, seconded by Commissioner Hirsch to authorize the expenditure by the City Manager in compliance with standard city purchasing procedures. The motion passed unanimously . f 6. 3 Request from Dania Chamber of Commerce for funding in the amount of $15, 000. A motion was made by Commissioner Bertino seconded by Commissioner Hirsch to ap the Manager to administer theexpendituregue ofs,$ 15,1000utoori theeDaniaCity Chamber of Commerce in payments of $5, 000 each on January 1, 1988, April 1, 1988 and August 1, 1988. The motion passed unanimously . 7. SPECIAL REQUESTS 7 . 1 Request by Dania Pier/Pelican Place to become an agent for the State of Florida Lottery . City Attorney Adler advised that the lease calls for Commission authorization before application can be made to the State . A motion was made by Commissioner Hirsch, seconded by Vice Mayor Cook to approve the request . Citizen input was permitted and comments were heard for and against . After discussion, the motion to approve passed on the following roll call vote: Commissioner Bertino-yes Vice Mayor Cook -yes Commissioner Hirsch-yes Mayor Byrd-no Commissioner McElyea-no 7 . 2 The title of a resolution authorizing the City Manager to complete the arrangements with Caribank for a loan in the amount of $550, 000 to finance the purchase of certain fire-rescue vehicles and expansion of the fire station, and authorizing the appropriate city officials to execute all documents necessary close said loan transaction was read by City Attorney Adler. to A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to adopt the resolution . The motion passed unanimously. 8. APPOINTMENTS 8. 1 Appointment by Mayor Byrd to Dania Housing Authority . (The term for William Winkelholz expires in November . ) A motion was made by Commissioner Bertino, seconded by Commissioner Hirsch to confirm Mayor Byrd ' s reappointment of William Winkelholz to the Dania Housing Authority . The motion passed unanimously . 9. DISCUSSION - none 10. CITIZENS ' COMMENTS No verbal or written requests for Citizens ' Comments for this night ' s meeting were received . 11 . ADMINISTRATIVE REPORTS 11 . 1 City Manager Jewell - no comment . i j 11 .2 City Attorney Adler - no comment . 12. COMMISSION COMMENT 12. 1 Commissioner Bertino - no comment . Regular Commission Meeting 6 October 27, 1987 i t i A . r I r 12 . 2 Commissioner Hirsch - no comment . 12. 3 Commissioner McElyea - no comment . 12.4 Vice Mayor Cook - no comment . I i 12. 5 Mayor Byrd expressed frustration regarding the Thomas property . i i l 1 � This Regular Commission Meeting was then adjourned . I 1 t MAYOR-COMMIs4iO14ER CITY CLERK AUDITOR I ' I i I i i i j i i i i a Regular Commission Meeting 7 October 27, 1987 I M ,L N t u �s 1 AGENDA DANIA CITY COMMISSION REGULAR MEETING OCTOBER 27, 1987 8:00 P.M. i I INVOCATION IPLEDGE OF ALLEGIANCE j ROLL CALL I PRESENTATIONS - none { I 1 . CONSENT AGENDA Minutes 1 . 1 October 13 , Regular Meeting j l 2. PROCLAMATIONS - none 3. BIDS - none I 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS Building & Zoning i 4 . 1 Petitioner/Owner - A. Mancusi y; property located at the NE 4 corner of NE 2 Avenue & North Federal Highway Public Hearing - VA-42-87 - A variance is requested to allow the construction of a take-out restaurant with a 6 ' setback. 4 . 2 Petitioner/Owner - Albert & Karen Balzanti ; property located at 226 SW 11 Street Public Hearing - VA-43-87 - A variance is requested to t maintain an accessory storage shed adjacent to a side property line (minimum 10 ' setback required) . I E 4. 3 Petitioner/Owner - Jack & Bonneigh Christy; property located „wat at 205 NW 1 Avenue a) Public Hearing - VA-44-87 - A variance is requested to allow the construction of an industrial building with 7 parking spaces ( 11 spaces required) . b) SP-45-87 - A site plan is requested for an industrial building . 4 .4 Petitioner/Owner - Frank Milford property located at 214 SW 1 Avenue Public Hearing - VA-48-87 - A variance is requested to allow the erection of a 6 ' fence in the front yard. I 1 OF 4 I C .�J PUBLIC HEARINGS (continued) 4. 5 Petitioner - Attorney A.J. Ryan, Jr. ; Owner - Baer' s Furni- ture Company, Inc. ; property located at 17 & 19 SE 11 Street a) Public Hearing - RZ-63-86 (second & final reading of rezoning ordinance) AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS , TO-WIT: LOTS 7 AND 10 , BLOCK B, "HIGHLAND SQUARE" AS RECORDED IN PLAT BOOK 7, PAGE 5 , OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID LANDS SITU- ATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, j FLORIDA, FROM ZONING CLASSIFICATION OF RD 6000 TO C-3 ZONING CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF j THE CITY OF DANIA, FLORIDA, AS AMENDED; AND PROVIDNG THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWTIH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. b) LUF-64-86 - Request for land use flex change to assign 0 . 4 acres, more or less, of commercial flex acreage. i 4 .6 Petitioner/Owner - DCK Enterprises , Inc. ; property located at 42 , 48 & 54 SW 16 Street (Sheridan Street) 3 a) Public Hearing - RZ-47-87 (second & final reading of ordinance) "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS , TO-WIT: LOTS 1 , 2 , 3 , 4 AND THE WEST 20 ' OF LOT 5 , BLOCK 43, "NORTH HOLLYWOOD" , ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4 , PAGE 1 , OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, LESS SHERIDAN STREET RIGHT-OF-WAY, SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, FROM ZONING y.. CLASSIFICATION OF RD 6000 TO C-2 ZONING CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF THE CITY OF DANIA, FLORIDA, AS AMENDED; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLU- TIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " b) LUF-50-87 - Request for land use flex change ( 58 rule ) . Administrative Ordinances ( second and final readings) 4 .7 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 2-12 OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, ENTITLED "ISSUANCE OF SHORT TERM PROMISSORY OBLIGATIONS" TO INCREASE THE MAXIMUM ALLOWABLE OUTSTANDING SHORT TERM PROMISSORY OBLIGATIONS TO A SUM NOT TO EXCEED $1 ,000 ,000; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." 2 OF 4 ( 1 L� G Administrative Ordinances (Continued) 4. 8 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,and final readings) I CIVIL SERVICE RULES; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND APPROVING NEW i CONFLICT HEREWITH ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN REPEALED TO THE,,EXTENT OF SUCH CONFLI AND PROVIDING FOR AN EFFECTIVE DATE. CT; " it 5• SITE PLAN REQUESTS 5. 1 Petitioner the 5400 /Owner - GSD Investments, Inc. block Ravenswood Road ; property located at f{ SP-46-87 - A siteto plan is requested for a commercial building in a C-4 (commercial ) zoning j1 g district . 5. 2 Petitioner/Owner - Frank Pollara 1 Dania Beach Boulevard Property located at 768 East i SP-49-87 - A site plan is requested to convert a 9 restaurant/warehouse facility into a facility and modify the existing site restaurant/retail 6 • EXPENDITURE REQUESTS Plan accordingly. s 6, 1 Request from Dania lop a C. to extend its agreement 3 to develop a housing program for low with the City of Persons within the Dania target to moderate i is requested exclusive) rg area. An additional income costs. (continued fromyl0/_ administrative and operational i /13/87) 6. 2 Request by Dania Optimist _ $13 ,613. 58 to drill 6 materials Club to authorize the ex M, installation of inch well and purchasependiture of 10/13/87) new sprinkler system. (Continued from for 6,3 Request from Dania Chamber of Commerce for fundin amount of $15,000. g in the 7• SPECIAL REQUESTS 7, 1 Request b � State of Y Dania Pier/pelican Place Florida Lottery, to become an agent for the 7. 2 Request approval of complete the Resolution authorizing the City amount of arrangements with Caribank for y Manager to $550,OU0 at the interest rate of a loan in the finance the purchase of certain fire- expansion of the fire rescue8vehiclesrandnum to station, 8 • APPOINTMENTS 8. 1 Appointment by Mayor B i' term for William WinMayor Byrd oeDania Housin pires in November)Autority• (the 9• DISCUSSION - none ' i i 3OF 4 1 `y. 77] 10 . CITIZENS ' COMMENTS - Comments by Dania citizens or interested parties that are not a part of the regular agenda should be given in writing or communicated verbally prior to 4 :00 p.m. the second (2nd) and fourth ( 4th) Monday of each month. Comments of any nature will be responded to by the office of the City Manager. In the event that the concern remains unresolved, the citizen( s) or party will be asked to address the City Commission during the Imeeting . 11 . ADMINISTRATIVE REPORTS 11 . 1 City Manager 11. 2 City Attorney 12 . COMMISSION COMMENTS 12. 1 Commissioner Bertino 12. 2 Commissioner Hirsch 12. 3 Commissioner Mc Elyea 12. 4 Vice Mayor Cook 12� -5 Mayor Byrd ----- --------------------------------------------------------------- ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION I WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. I i I II 4 OF 4