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CCMtg09-17-85tA1S,~ CITY CCMMI55ION SEPPFTBER 1], 1955 Present: Mayor Smerilson DepMayo[ Coldbei9 Commussioner Faulkner Camnissioner Io Camidssioner Myer rsnn crag Naming, City Adfninistrator Gerald Norman, City Attorney Donald Trcry, City Clerk Barry kEeks, F r Geis Nagle, City Planner 1. Mayor srerilson railed the meeting to order at ]:30 p. m. 2. The City Commssion Mserva3 a rtoment of silent meditation followed by the Pledge of Allegiance to the tfiited States Flag. 3. Mayor 9rerilson said he hxl given M[. Naming au[Mrity to join the City Commission mating wAile in progress due to Mr. Manning having to attend a meeting of the Tongwoed Hi::toric Society. Mayor smerilson said he had given pernusaion foc Mr. Manriir~g's absence as aornorieea try the City Charter. ~1. Approval of Minutes Septmber 9, Fsgular Meeting, and Septe~er 10, 4brk Session. tbtion by Comnissionec Myers ewnded by Cwmussionez Snrmam that minutes of Septenber Stn and 10th be approved as submitted. Motion carried by a unanirtous roll moll vote. 5. PlIHISC HEARING. CGDDTTIONnB 115E FEQBFST SIIfl+1111RL HY COHtn'E.SY kYA1PTAC for an automobile dealership in a C-3 Zoning Dis[cict located on 35 acre parcel between Highway 1]-92, elorida Avenue, HigtSaeN Street and I.oegdale Avenue. Mr. Na91e briefed the Comission m the Colditional Use Request and he said his lette[ of September 11, 1965 to ttM~ Conmission recommending approval of the request subject to the wnments in his letter. Ilr. Nagle said the proposed s of the last large sites in Wrgwo H. Cagle asked the Conmission to limitthe mmner of cerbcats o Highway 1]-92 to 1 and s e the parcel mould later be divided, provide Eor a - sena3ceament fer u ing s tw. Nagle aid itens uch az landscaping and packing would be solved durirg~ hea rirgs. Nagle said the residents of the a a Fad requested that a landscape bufffic with trees replace [he Eence raluired for the west side of the propecty abuttirq Highland Avenue. Nagle said the s a former orarge grove and he azked the Comni.ssion t require same water cetentionrcapability when complete as Dick Fess said the mtendal a full se ce dealership and he said the applicant did not object to g[antinq t foc the wtparcel but mould not until they bxame actual o£ thecproperty.e~Mr. nFess said the applicant mould s many t as possible andeChe said the applicant w e of four co~itio~vs undere which [neaepmperty exsd into the City and wuldaca~ply. &~rbara Riggings said she was w mal about a affic vti~g o Highland Avenue and Mayor Sre[ilson advised [hat my ress/egress mould be permitted on Highland Avenues w that urns a of the conditions of am xations. There w no further w pro o Motionnby commissioner Faulkner that the application be rejected~nCOnmtissionerwFaulkner said he had pe csonal knowledge of the '-applicant providi,g isfactory service aeH in evaluation of an utarobile's condition when the applicant said nothing was wrongwwhen in fact there we major prcble~rt with [he c which was discovered a eco~d location. Conmissioner Nyers asked Conmdssione~Faulkner if he were slxakirgaas a representative of the City oc foc hinself. Maror sari the mo on area for lack of a cona. on ~ DCpMaynr Colaberq, conaea ~iscoammiseionee Myet chat mnaicional. cae Pegnesc ee app.ovea swjnct t< the conditions r nded in Nagle's letter of Seotenter 11, 1985. Motion ca ed by ~ of 4 to 1 w th Mayor S]rerilson, Oep?zWr C ldberg and Commissioners Wcman~ and 14_ , v ring Aye ~:d Corunisaicrer Faulkner voting Nay. 6. OeLIC FffARIMC, ORD1C&!CE CD. ]1] -prohibiting cwmercial vehicles and trucks which exceed s,808 pourcls geoss weight from traveling o oads and streets. M[. Korman cad by rile only and displayed proof of publication and public n Xornan aid the tocdinance had been requested by the Police Dep rtment athe City xLnin' and and the City Commussion. aid the proposes erdin weld exm{~tsfireoand emergency vehicles, City na mucks, vehicles making local pickups deliveries and those trucks e whiclesNhaving prior wt en permvs of the lolice chief the mayor dutLg the t of national enecgenciee ec by c of the City Commission. Mr. Norman said the o[din ce gives the Chief of Police autthority to pest signs subject to ratification by the city cmmtissien. Mr. X said a map showing which ing vehicles mould be past d in City Mall.o~acjot her husband nadta or which they has packed on their large lotMfot s eral soyearsic She said oily tsne had [eceived lw tickets £or illegal parking and she objec[~ to the ocdina erring vehicles o street. 5ne said she had applied for a permit to Fark the vehiclee5but had been informed that there was not such a permit even though the ordi+w: a rxiuires one. Captain merry ~Irer asked permiss vestigate the situation and report back rmx reek. Captain Baker said he mould wik with Mts. ing the tickets pendirgta resolution of the problem. Mr. Ed Qvdif£ asked wtnNdeternri:resrwhat weld be closed and Mt. % said the Chief of Police subject to approv.rl of [heeCity Commission. aid the c streets a selected weld he for the health, uelfa a and safety of theses sand they wuldrnot be arbit rely selected. M[. Earl Jesse said ]re waz a partltline Burke[ a:d he said the 5,000 tgros~ weight was oo low and mould restrict Brost [rucks. suggest H that the figure eased t 110,000-12,000 pounds. Dick Boynton said he agreed and said the S,OOu gourds... mould prevent him from delivering a lawmmwrin his v Ma}ror Smecilson said pickups and deliveries were exenpt fian the ordinan Earl Jesse suggested drat the City c ntact the Departmst of m a:uportation for cecwmnervaed Wight lime Motion by commissioner Lormarm:, aecordea byrDepMayor ColrIDerq trot aainance w. ]1]tee tabled nneu Septenbe[ 23. Motion carried by a unuanvmus roll call rote. ]. i[st Pealing, Ordinance Ib. ]24- declaring a 45 day mo[atorium on acceptance of Land e Plan change applications. Mr. Xorman read by title. elagle requested that the proposed ordinance M adoptN and said it weld give him elimina e the bac!rlog of e plans and he could Wmne monk on the CrnQrehensive Plan. n by 9elaNayor (bldnerg, seconded by Convnissioner Myers that Ordinanrn tb. ]24 be actcepted on first reading and that a public nearing be scheduled for txtNer 14, 198s. cacriH by a nnanrm-ons roll aazl rote. M[. Manning joined the neeting in progress at ]:55 p.m. 8. PI1LS qF ITL, O ]25 -authorizing the sale of City property loata'] on longwod/take Mafy Road. M[~ Xorman read by title and said the attached copy of tF:e rvey was ProvedW for infornation or:ly aW was not an attachment to the ocdin said the o[din e declared the property surplus and autM[ized the 5aleaeuSjectMto the approval of the cCity Camni.ssien after an appraisal conduct N. n by Commissioner Io ecorcied by Dep+fayo[ Goldberg t crept Orlin ]25 on first reading and that a p.:blic hearing be scheduled £ot 18/14/85. Motionb carrie3 by a unanimous roll call rote. 1 9. SITE PIAN - CAN OS4 MA%I MNS -located on !&] wine[ of SE Lake WRIER Q' SE tAHE (CR 92]) AND SR 434. Cagle briefed the Czmmassion on the a to plan and said re had been made o the plan to retentions [the developer did Hoc nave /' the r a that would naveebeen available if Pine Street had been abandoned. M[. Nagleesaidz[%Ilahad approved 2 curb cuts o SR 934 and the permit E[an Smdnole County CR 92] was still valid. Nagle said additional r capability eras prwidedFHy wdecgrouM piping. MNagle omrended that theesiteeplan He approved subject of traffic signs, stop signs, and right turn orSy signs. Mr. Nagler amended tnattthe applicant agree to hook up to the City's sewer system when wpa<ity waz available. DepMayor Goldberg said he was co erred about the drainage peoblens in the City and he questioned whether site plan had sufficient r capability. Nagle said he had Calked with M< of the Florida Deparbmen[tofnT wsportation and he nad asked the applicant [o bring saretnirg i writing fran WS. Wgle said a tch basin h~ been c trusted and the drainn mould not qo into the old catch bazin~that floods. Mr. Nagle said he xaz told that lackrof naintenance to the catch basin was responsible but i[ w no longer a problem. DepMayor Goldberg said ra washes mould generate lots of rater which mould aggravate the situation. Mr. Nagle said the ca wash would recycle ]58 of the w r used and wnserve water. Nagle said the applicant nad a roc utility pezmit which xas till valid and he thought there would be isfactory. Nagle said he uouldsrw down the co noel flooding of enencatcn basin ontSR 434 with M< Mr. Jim Clarety, Piopei[ytl4anagement Specialist for CI~N, said the ca[ rash would have a fiber glass Holding taNC and the water mould ne cleaned and recycled. Mc. Nagle asked His es on the nwbec of gallons per day it would require and Mr. Clarety Baia ro was Hoc «~ain. Mayor smenlsw solo ne waa Hoe co~winced [Here xaa aaequace tention cai»bility and Mr. Nagle said the urclergrou~d piping mould provide the s twtion capability as a on Pand and the pcolnsed ce on had been r wmended for approval by Vyec, Ridalee Mills and Precourt. Motion bytCnamdssion [ornam,~secoexlN by Depr4ayor Goldberg that site plan be tabled until 9/23/85. Motion carried by a vote of 3 to 2 with Mayor Smerilson, Dept~~ayor ColdHerg and conmussroner tormann voting Aye and Genvrtissione[s Myers and Faulkner wtug Nay. .a 30. SITE PIAN - pALITY WATER SYS39At5 Cf'PSCE AND NWPEB(A1SE. WNFR/DEVELOPER: ItGBFBS [~Ngle briefed tkie Commission on the proposed site plan and said it would be office- storage/waretrouse and Che caigany xould M sznular to the Culligan Cagany. Me. Nagle said since there was no ervice available, the developer mould have to have his septic tank and drain field on~ansadjacent lot (tat 15). Me. Nagle said mere mould not be any a~loyees in the waretwuse, therefoee these was adequate parking on the Mr. Magee aaia we nanaicappea al,~te naa been reloeatea, as ne recamrenaea, wninn mould eraazge [tie landscaped a Mr. Nagle said D[d@ had cecammsided approval of the site oral he said the site xas a good exan{Ae of how the Arbor 0[din ould ne used. Mr. Magee said be cecomnemled approval of the s ee plan subject to the coetlitons listed in his letter of Septaober 10, 1985. CamdssionerzFaulkner ask H if the developer uvula hook up to the sewer system when i[ becomes available and Mr. Maeu~ing said there would be a monk s on Septeiber 30, 1985 to discuss the sewer plant in the elocida Crnmerce IndustrialaoPa[k. Commissioner Myezs azked about replacement trees on [he site and M[. Nagle sold the developer w eeplacing t eiroved o w almost 1 to 1 basis and he said the enforcement of the Arbor Ordinance was given to the City 1]tgin Mr. Nagle said the City P1aMer and the Land Planning Agency could probably bestersuperviae the Arco[ 0[dinaerc~z. Mr. Nagle recamended that the replacmient trees be SO feet alga instead of 8 feet because the a viva] r was nigher. on by Commissioner Myera [hat s to plan He apprwea subject co elarinei~s wmmenta ar~iarletters ana subieut to a role ]armless agreement cegardin9 septic tank and drain Eield on Lot 15. Mr. Bair] fornai ement xoma be beceer. Hasslar queationea wnetner a„ ~woma r with the property ana Mr. aaiari uvula. Anarew Kutx, Aechieece ffor the fim, apoke ana r said the applicant had willingly agreed [ocreplace the nwber of [zees requested but Ig asked that Uey be 8 feet in teal of 10 feet. Mdrew Kutz said the applicant would have to add up to 2 feet ofsdirt to zarse the lot elevation and he said [His mould create probiess foe planting said he mould plant l0 Loot [eguested. Conmissioner mlye[s said developerskare net doing what they agree to do and cited exang les of d velnpers planting 6 frot trees fn[ 8 feet o Co~mdssione[ Nye[s said tF.e 0ii1Z'~ Office waz letting develepecs ree by v s than spscified. Alrew Kutz said tt. old be spray i[ciyation fo[ fhe entireclotsa 'mall t would grew rapidly with good u2tec. Motion by co ar Myers, semled by Conmissioner Faulkner tF.at site plan be ccepted subject o~thero slacks and mmrents of the City Planner and subject providing[ for aseptic taNC al dca n field on Lot 15. tied tbl. an roll moll vote. Maya[ srerilson noted that the Land Plaeming rAgency h i reconmenaea approval. 'rne ca~misaioner recesses Eo[ ten 11. Public Pa[tici Anthorry Taddeo said he had been a nenbei of the Codes Ehfo[cennnt Hoaca foe 2 1/2 yearsM Fs questioned mmrtents in the min whecsby M[ aulkne[ xas quotl as saying the n o[dinance on the CE mould give thescamiussion better control of the eu':[d. Conmdssionec Faulkner said he hl no t[ol of the Hoa[d and M[. X said Carcni.saioner Paulkne[ had erot inteled that the [marks would be interpreted in [hat niaru~er. Jahn Citrons objected to the floalinq behind his home on txathec Avenue >n Highland Hills and he said there was never a water problem until Golden G[wes SLbdivi::ion nstructed behind his hare. Mayo[ 9recilson said the problem was s us because the waterm nete[s mold not be [sad in the front yards and the r r yards we roflooded. M[. Paemirg said the r n poM in Golden Gloves moss not adequate al heraaid the Overflow pipes were not o[erating mr[ectly. He said he was unable to locate the outfall fran one pipe and mold not determine whets it was Mayor Strecilson said the Ovater f[om Om1sYn Gloves mods backing up into the lots of the hares on Heaths[ Avenue. M[. Mamting sa "1 inmediate solution waz to place a er pmq on the re of the lots o Bather Avenue and poop thews r to the font of the harcsand a s the[s nMaminq said it moss -preferable itb flood the streets lathe[ than [he hares. tM[.[ Maru~ug said the Cmonission had given M[. Hassle[ 60 days to develop a loeg range conprehensive Elbod meK[ol camelaeion EO[ the e e City. Mr. Manning said a rvey of the s e plan fo[ Golden G[wes needed to De nedent if the site was built a coding to the plan. Hassler said se eral pipes hats the s e plans and he was not s if his plans e the latest se DepNayo[aCOldbergnsaid hethad vssited the site aluhe aid the [ yards wets 1B inches uler w Mr. Jack trglal of Heaths[ Avenue said heshad lived in the a a to[ ] years and hadan r has ware[ proM1lems wtil Golden craves was m truer]. aid that the drainage pipes rtantioned by M Hassles we n the original plans but we ~talll h' the developer when arprd~lsm developed and after nsultation with City officials. Mngland said approximately 1B [ uck loads of dirt we a brought e the elevation of two hams in (olden c and in azN the yards to18 c e24 inches above natural elevation. DepNayor Goldbergowmre led theea~ Polices and Wblic Wrks Deg [tncnta fof their outstanding wo[k aver the weeks] >n helping [orsolve the flooding p[oblews. M[. trgland said even before the pipes wets added o the two ho~ma i Golden Gloves [here were water problems. oepMayc[ Goldlre[g sai3 that acething needed to be done n John celaney said he appreciated the Camnission's n for p[onpt action because he was unable to walk in his ya[d. Mayo[ 9rerilson askedr [hat the City obtain a pwg+ al place it in M[. F][glal's backya[d the next day. Mayo[ Hnetilson said this as berg recmmendded due to [he urgency of the situation but a najoc drainage solutionrowaswbein9 looked at DepMayo[ Goldberg said funds were not available last year and the Ci[y was doing mock nw. M[. Manning said t1[. Hassler wa requesting $9,500 to purchase a 600 GPM pang ,ith a9 rnch s ctioNdischarge. Mayor smerilson asked if the City EYrgineer prefez[ed ~larolin or aieael ana Mr. asle[ Baia aiesel. r n>yara saggaaeea enat the city etanpr. to locate a ailtable pw¢, fran o ofctne 9 oyes Gnat woma no longe[ name a The Commdssion agreed to purchase a Bather than used peep. on by vepcayor rnldberg, secotxled by Commissioner Lo[maM toautno[ize the swi of 59,500 for the purchase of 600 GPM diesel prvrQ? to azsist in control Eloeding p[cblams. PWtion catered by a uriarumaus roll call vote. b. Mr. Maturing said he has attended the meeting of the Longwood Histo[ical Society arrd he said they were very happi wi[n the City's plans to have His[o[ical Signs e[ectea at the en of Iungwocd. Maturing said Camdssioner Myers woula get together with the Woodca[ve['s Association and ask for their a.si.,tance rn making the signs. Maturing said o esident had objected at the first public Heazinq on the buagetc that me give Yeaf Capital Fwdget had not been app[oved by September 1, 1985 as required try the City Cnaete[. Manning said the City Clerk had a statewnt he wishal read concemin9 the matte[. nrMr. 't'erry said he had reviewed the files a~ methods of adepting the Capital Program over the past 6 years and he said the procedures we e that ths Cormnission would consider the pieg[am du[itg the wrk session in July and those ecamremled for the first year of the 5 yeac pcogram were included in the general budge[ for the next fiscal year with propel aave[tiserrents. M[. er[y said the City iud been required t mr luct budget hearings in rn[dance with the Truth in Millage Bill s 1980 and the TRIM Bill had a slecific calendar which commenced on .IUly 3, 1985. Mr Tecry said p[evious CiTy Prbfrinis[[ato[s and Atto[neys Had considered the City Charter to be rn conflict with the TRIM Hi11 as far as dates for public hearings were concerned and the 'City had cn~iled witn the TRIM sill. Tecry said he had discussed the canplaint with Korrtan and Mr. man h~ advisedMthat the City did not qo far enough in holding public Heating on meKSrYear Capital Program and adopting the Resolution by Septerber la 1985. M[. Tecry said that M[. Korman believes that the City can comely with the Charter as far as Holding public hearings on the 5 year Capital P[og[am and adopting it by Fesolution by September 1 with a conflict with the TRIM Bill since the 5 yea[ Capital Program rn separate and distinct flan the actual budget and is therefore not covered by the TRIM aril. Terry asked iE the Canmission agreed and if they wisnaa him to place advertisertent~an the papsr and place the public healing on me agenda for the next regularly scheduled meeting on October 14, 1985. Mayo[ Srte[ilson asked Mr. Korman if F¢ had ewed the City's procedures and if he considered the City in full mnipliance with the TRiM Bill. M[. said [he City could not cua~lete the budget process by sapt®roar 1 ana ne aaia the w~azion was aue to the face mat theta we separaee here -the e e xea[ apical Program ana ena mtaget. Mr. Korman esaia the city ntm,in~ se[ma„its ene e ar capital er~ran co ene cammiasion, public Hearings a aame[tiseet~a tna plan is ~pe~ by me cw~mdssion by Resmution. aaia the r Capital P[ogran waz really a "a year wish list" and it oust Kbe passed by solar M[. aid the Capital lnction of the budget is being advertised cwrdance wim theK Bill. Mayo[ Sne[ilson azked if the City was [n oanq~liance itn elocida Statutes and M Baia ehe City was Mr. suggested that the City Hold a pablic healing. Mayor Smerilson azked M if there xes co~lict between e Charter and the Florida St and Mr. said [here we exal conflltts. IAr. Manning asked the City aCmmdssion to consider appointee rof av Charter Cormrittee, with appropriate legal co sel present a each veering, ew the Ciwrte[ and bring it in compliance wim the Florida Statutes[ Kayo[ Saerilsonosaiditne Carmdssion ^stpuld di[ect the Ci[y Clerk to advertise the public nearing for me 5 year ~ ital ~rogrmn rr, the newspaper for a public hearing on 0.YOber 14, 1985. tMtion by pxayo[ Cnldberg, seconded ty Comnissionec Myers mat me City Clerk be duetted to advertise a public healing in the newspa~r fo[ the 5 Y a[ Capital Prcy[an with the hearing scheduled Eor Octotei 14, 1985. Motion ca[ricd try a unanimous roll call mote 4p ayor Culdoer~ 1 said he wanted the r ~o[d l reflect that [he City Fad n attenpted to -up arty i n the Capital Program Fo said Che .- e had been discussed du[urg ceb[uaryrand had x e[ea by the pews. c<.,maissione[ My~~s aaia one rx[sorr mono naa p[oteaeed naa se[ve<3 on aocnareer aeoraw coamd.etae aarlier. Mawr ~aerilaon aaia mere a e tnree known mrrflicea mtween tn= city gwaer ana the state statntea ana he aaia ne aq[eea cairn Mr. Marvrinq that anoene[ raryired. G issioner suggested that n many pe[sorrs be ap(ointedrto the camnittee. I[ was agreed that the mattec mould be dismssed at the next meeting. M ninq eninled the commission tnat they Had p[ev ously aothoxize3 His vacation and ne mould fR absent for the next rteeting scheduled for Septarbe[ 20, 1985. 13. CITY ATIOFNEY'S RFm0FQ5: Norman aid ne had [ ached the v eating and abandoeerent of that iwrtion of East MWarren Avenue lying Eas of CR 421 and West of the Seaboard Fail[oad. aid Hey General's Repot in 19'!8 stated that a cipality does notMrnaw the utory Apower t enazge fords Eox vacating a street and he said the City could wt cM1arge or exact a fee for vacating the street. Mr. Maevrirg asked if the City could acceix voluntary dora[ion. said the City mold accept a donation but it muldn'G do xcM1ange for sarething else. Mi. Ed Nrcliff, J[., an of a lot lying IU[th of Nthe subject sG[eet said he mould app[eciate Having 1/2 of the street and he said lre mould like to malre a donation if that xere possible. Mr. Nornan said the City mould nave to retain t Ear a water lin n tM1e p[ope[ty. Mayo[ [ilso suggesteH tlu City Admini ~atoread tM1e Ci[y Attorney rteet with Mr. Curssliff and Mr mmton and dis the ma[ter.st Eomton said he mould l're happf to make a donation. Mr. Norman sai3 if„~ .the pro[ rty were vacated and abandoned, o either side mould each c e Hair of the prope[ty. said an alternative would be that the Cityr lease the -p[operty £o[ a period of 99 years. M[. Marv[ing said he mould attempt t mrre back at the meeting with solution. Cmrmissimer Myer said there xe[e othe[ similar situations and he cited shamrock Plwbing as an exariple. M[. [tear then read a humo[ws nrwrspaper acticle by Ashley Cooper crnga[irg the -~+n's o[igin to the approval of site plans. 19. MAYOR AW CTTY CC IIS5t0tff3t'S F@GIIIS: Mamr 55re[ilson issued a oclamation proclaiming 0.^tobe[ 21, 1985 as Florida .Enployee Fitness Pay and urged all aiploye[s and employees to pa[ticipate in [his even[ to dcaratize the life-long tenefita of nealtny exercise. b. Mayo[ 9mrllson said a date nxl been decided fo[ the .Christmas Parade Lor Saturday, oernmber ], 1985 at 10:00 a.m. Mayor 9rerllson said Mr. Mannvg was wrking on the .Parade route and he expected the la[ale to .last from 2 - 3 hoots. Mayor 9re[ilson said the City should be Mnored because the Bahia Shrine Tmple Had chosen the City of WrrcT..ood o e[ 0[lando and Winter Palk and M1ad ente[ed 42 carts in the pa[x3e. Tire Mayor said he waz very p[oud of this fact. asked if the[e we e not [ [ictioaz o open dwpste and she soggestedstnat mere be an ordinanm [aryi[in9 tha[sdunpste[s to fenced. Mrs Naming said he mould cM1eck i o it. Cmmissioner Myers said that present site plan [alui[arents call for dwpsters to be screened. , 4pMayor Goldberg cwnplimented the Police, Fire and Public Works CePa[tments far their e cell en[ work and coopers [i on i solving flooding problems recently. Ne said it was a pleasure to see the City working together. Commissioner Faulkner as ketl ff 'the City should a end ordinances by ordinance in the future i of the c ents ma tle at the last budget hearing. Mr. Korman said a ordinancens hould be amended by an ordinance and he recommended this procedure soothe future. f. Motion by Comm ssi ~~er Myers, seconded by oepMayor Gol dberq that City pay approved bills. Motion ca ri ed by a vote of 4 to 1 with Mayor Smeril son. gepMayor Gol dberq and Lommi ssi one rs Myers and Lormann voting Aye and Commissioner 15. The Conmi ssi on adjourned at 10:20 p.m a/ Mayor, [i .y of Longwood ATT////EST: /Y~~r~ ,.