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HomeMy WebLinkAbout1997_10_08 Town Board Minutes MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK AND THE BOARD OF FIRE COMMISSIONERS HELD ON OCTOBER 8, 1997, AT 8:15 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK PRESENT: Supervisor Elaine Price Councilwoman Valerie M. O'Keeffe Councilman Barry Weprin Councilwoman Phyllis Wittner ALSO PRESENT: Patricia DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Charlene Indelicato, Town Attorney ABSENT: Councilman Paul A. Ryan CONVENE EXECUTIVE SESSION The Board convened at 7:00 PM into an Executive Session to discuss certioraris and then into a Work Session at 7:45 PM to discuss the Solid Waste Law, then on motion made and seconded the meeting was adjourned. CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor Price at 8:15 PM, who then pointed out the location of exits. PUBLIC HEARINGS - Request for Exemption from Food Related Business Moratorium -Amendment to Solid Waste Law Request for Exemption from Food Related Business Moratorium The Public Notice is entered for the record. PLEASE TAKE NOTICE, that the Town Board of the Town of Mamaroneck will hold a Public Hearing on Wednesday, October 8, 1997 at 8:15 PM or as soon thereafter as is possible in the Court Room of the Town Center to consider a request for a variation of the Moratorium on Food Related Retail Uses based on Section 8 Hardship provision of the Moratorium. Said application is on behalf of a Chinese Take Out Restaurant, 2423 Boston Post Road, Larchmont, New York. The full text of this request may be examined and copies obtained at the Town Clerk's Office during regular business hours (Monday through Friday, 8:30 AM to 4:30 PM or until 4:00 PM during, June, July and August) at 740 W. Boston Post Road, Mamaroneck, New York. October 8, 1997 PLEASE TAKE FURTHER NOTICE, that all persons desiring to be heard concerning the waiver from the pending law are invited to submit written comments and/or attend this meeting and be given an opportunity to be heard. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK The Supervisor asked if anyone wished to speak on this matter. Mr. George Poline, the applicant, said that he had submitted a letter that summed up his request. The letter: I own the property as well as all the restaurant equipment in the Chinese Take Out Restaurant located at 2423 Boston Post Road, Larchmont, New York. The restaurant has not been in use since February 1,1997. /had a prospect for renting the restaurant but with a moratorium, this would not only prevent me from renting but also selling the business. In order for the equipment to be removed(giant walk in Refrigerator System) the front of the store would have to be taken down. This is a prior non-conforming business. The new proposed local law would cause extreme hardship in my case. If I lost the rent from the store I would be running at a loss concerning the upkeep of the building. My taxes are presently$13,547.00 per year not to mention insurance, repairs,heat, electric, etc. I have an apartment upstairs bringing in $725.00 per month. I am asking for a variation from the compliance with the local law. I am also requesting a public hearing at your earliest convenience, as required by the moratorium law. Thank you very much for your consideration in the above matter. GEORGE POLINE Councilwoman Wittner asked if the store would be a restaurant. Mr. Poline said that it would basically be a take out restaurant. The Town Attorney said that she wished to make some clarifications. One, at the time of the application there has to be a documented hardship, it is not necessary to apply in advance. If the building was abandoned in February 1997, you would then have until February 1998 before you lose status. Should you get a tenant, it would mean that we could grant a waiver to the abandonment provision and give an extended amount of time. The Supervisor said that the Board is attempting to explain that since you don't have a tenant, the exemption would not apply, as an extension would. There seems to be some confusion with the application. She suggested that the item be adjourned and it will be explained more clearly to Mr. Poline. On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, the hearing was closed. Amendment to Solid Waste Law The Public Notice is entered for the record. PLEASE TAKE NOTICE, that the Town Board of the Town of Mamaroneck will hold a Public 2 October 8, 1997 Hearing on Wednesday, October 8, 1997 at 8:15 PM or as soon thereafter as is possible in the Court Room of the Town Center to consider amendments to the Solid Waste Law. The full text of this request may be examined and copies obtained at the Town Clerk's Office during regular business hours (Monday through Friday, 8:30 AM to 4:30 PM or until 4:00 PM during, June, July and August) at 740 W. Boston Post Road, Mamaroneck, New York. PLEASE TAKE FURTHER NOTICE, that all persons desiring to be heard concerning the waiver from the pending law are invited to submit written comments and/or attend this meeting and be given an opportunity to be heard. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK The Administrator outlined some of the changes, saying the purpose of the change is to encourage more recycling. He said that the new provisions would limit the quantity of residential pickups to one 35 gallon container per collection day, and three 35 gallon barrels of rubbish for Service Units. The amendment defines 'Service Unit' to mean all muli-use or multi-tenant buildings. The amendments would go into effect January 1, 1998 if adopted. On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, the Public hearing was opened. The Supervisor asked if anyone wished to speak for or against this matter. John Watkins, said that he is against the provision which would limit the amount of garbage picked up. He said that he was representing property owners who were concerned about the limitations being imposed. Supervisor Price asked if he could identify who he was representing. Mr. Watkins said that he would rather not say at this time. Supervisor Price said that it would be helpful to this Board to understand from where the objections were coming. It would enable the Board to either answer concerns or to at least to review the objections. Mr. Watkins replied that he had received a request to appear at this meeting rather late, and that he had not thoroughly studied the matter either. But he did say that most of his clients were located in the Village of Larchmont. The Supervisor said that if most were from Larchmont then the jurisdiction is different and the impact would not be the same, and that she would call the Mayor and tell her of the objections. She said that he should also make the objections known to Larchmont. Mr. Watkins said that he wanted to reiterate that the limitations may adversely affect the ability to operate and be detrimental to multi-use buildings Mr. Altieri said that multi-tenant will see little or no impact. Mr. Watkins thanked everyone for their attention. Supervisor Price then read the following letter into the record: MADISON-LARCHMONT, INC. 13-19 MADISON AVENUE LARCHMONT, NEW YORK 10538 3 October 8, 1997 September 24, 1997 Mr. Stephen V. Altieri, Superintendent Larchmont-Mamaroneck Joint Sanitation Commission 740 West Post Road Mamaroneck, New York 10543 RE: Amendments to Solid Waste Laws of the Town of Mamaroneck Dear Mr. Altieri: While I commend your attempt to reduce the amount of solid waste generated, the elimination of the usual pick-ups will not serve that purpose. All it will do will be to force the owners of commercial property into the use of private carting concerns. A reduction to a pick-up of one dumpster twice a week is woefully inadequate. I pay more than $50,000.00 a year in taxes to the Town of Mamaroneck, do not account for a single school child and place very light burdens on other municipal services. I think that the least the Town could do would be to continue the solid waste pick-ups. As owners, we really have no alternatives. Our tenants produce whatever solid waste that they produce. Changing the regulations will only transfer the burden and cost of waste removal onto the property owners. It would be far better to attempt to work with the various tenants throughout the Town of Mamaroneck to get them to voluntarily reduce the volume of solid waste. Your proposed alternative will only put this burden on the shoulders of the owners of property who really have no control over the tenants. I urge you to maintain the waste laws in their present form and continue to uphold your responsibility to provide solid waste pick-up to the tax payers of this community. Very truly yours, Edward J. Ferrarone Councilwoman Wittner explained that this change will have no effect on garbage pickup whatsoever, as the amount of recycling has alleviated most of the problems of multi-barrels already. She said that the goal has been set by the State to reduce garbage by 40%. The Administrator said that most of the problems with apartment houses is with contamination, and the garbage men are limited to picking up only those that are approximately 10% contaminated or less. He said that the Town can wait until Larchmont has their public meeting as the impact there will be much more. On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, the hearing was closed. PROCLAMATIONS - United Nations Week - UNICEF Day The Supervisor then read the following Proclamation into the record: 4 October 8, 1997 PROCLAMATION UNITED NATIONS WEEK AND UNICEF DAY WHEREAS, October 1997 marks the 52nd Anniversary of the coming into force of the United Nations Charter; and WHEREAS, the United Nations is the only organization capable of dealing with the global implications of economic inequality, environmental degradation and social order chaos, and the best vehicle for finding collective solutions to these challenges; and WHEREAS, constructive United States participation and leadership in the United Nations serves our national interest; and WHEREAS, the United Nations deserves support from both the United States government and American citizens if it is to continue its important work in the 21st century; and WHEREAS, The United Nations Children's Fund (UNICEF) has played a major role in saving thousands of lives of children in countries ravaged by war, internal conflict, hunger and poverty. NOW THEREFORE, BE IT RESOLVED, that I, Elaine Price, Supervisor of the Town of Mamaroneck, and the Town Board members do hereby proclaim the week of October 19-26 as UNITED NATIONS WEEK, and October 31st as UNICEF Day in the Town of Mamaroneck. IN WITNESS WHEREOF, I have hereunto set my band and caused the seal of the Town of Mamaroneck to be affixed this 8th day of October 1997. Supervisor Price presented the proclamation to Lee Bloom, who was here to receive the proclamation on behalf of the UN. Mr. Bloom thanked everyone and then said that he also wanted to thank the Town, County and State governments who had joined in asking that the Federal government pay its $1.2 billion dollar debt that it was in arrears to the UN. He said that the bill should be paid and negotiation of future costs could then resume. He once again thanked the Board for its continued support of the UN. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Price at 9:45 PM in the Court Room. Present were the following members of the Commission: Commissioner: Elaine Price Commissioner: Valerie M. O'Keeffe Commissioner: Barry Weprin Commissioner: Phyllis Wittner Absent: Commissioner: Paul Ryan 1. Fire Claims: This item was held over because Commissioner Ryan, who had the claims is absent from the meeting. 5 October 8, 1997 Commissioner O'Keeffe said that she had attended the inspection dinner and that it was a very nice affair. She said that Commissioner Ryan had presided on the dais in place of Commissioner Price, who was absent due to the death of her mother. She gave accolades to Paul. Commissioner O'Keeffe then said that she had tried to get into the firehouse and a sprinkler was on and she was unable to get past it without getting wet. She could not get anyone's attention and thought it might be a good idea to install a buzzer at the front door. There being no further business to come before the Commission, on motion of Commissioner O'Keeffe, seconded by Commissioner Wittner, the Commission unanimously adjourned at 9:15 PM. AFFAIRS OF THE TOWN 1. Approval of Certiorari This item was held over to the next meeting 2. Report of Bids - TA-97-6 Hommocks Field Mr. Altieri said that on October 6, 1997 the Town publicly opened and read bids for the contract for the complete restoration of the Carpino/Steffans Fields. Included will be the installation of an underground drainage system, regarding of the field, installation of new soil and seeding for a new turf. In addition, the contract requires the installation of new fencing around the entire field and to supply an above ground automatic irrigation system. The project would begin this November and the fields would reopen in the fall of 1999. He outlined the bids and how the contractors were required to submit a base bid for the project and also bids for two alternatives. Alternate One provides for a more extensive underground drainage system. Alternate Two was for the installation of the fencing around the field. The Town received ten bids for the project ranging from $312,000 to $843,000. Ryan Athletics, a division of Michael Ryan Tree Service, of Amityville, New York submitted the low bid for the contract. The base bid submitted by Ryan Athletics was $312,000. With the alternatives added, the total bid is $392,000. Attached is a resume of bids received for the project. The Administrator continued saying that Ward Associates, the Town's consultant for this project, has reviewed the bid submitted by Ryan Athletics and checked references from other owners who have used this contractor for similar projects. Ryan Athletics has completed reconstruction of a portion of a golf course in Port Washington, New York and built baseball and soccer fields for two school districts in Long Island. These prior contracts have ranged in value from $150,000 to $1 million. Ward Associates recommended that the contract be awarded to Ryan Athletics. Therefore it is recommended that Contract TA97-6 be awarded to the lowest responsible bidder meeting the Town's specifications, Ryan Athletics d.b.a. Michael's Tree Service for the base amount of$312,000. It is further recommended that Alternate One ($42,000) and Alternate Two ($38,000) also be awarded. Finally, authorization is requested to enter into a contract with Ryan Athletics for$392,000 to complete the reconstruction of the Carpino/Steffans Field. Councilwoman Wittner asked how long after the field is seeded will the vendors take care of it . 6 October 8, 1997 Mr. Altieri replied that it would be through three cuttings of grass. There was further discussion, regarding the last time the field was renovated, which was 1979, and that hopefully the cost will be under$400,000, and drainage problems. On motion of Councilman Weprin, seconded by Councilwoman Wittner, it was unanimously: RESOLVED, that the Town Board does hereby award Contract TA97-6 to the lowest responsible bidder meeting the Town's specifications, Ryan Athletics d.b.a. Michael's Tree Service for the base amount of$312,000; and BE IT FURTHER, RESOLVED, that Alternate One ($42,000) and Alternate Two ($38,000) also be awarded; AND BE IT FURTHER, RESOLVED, that authorization is given to the Town Administrator to enter into a contract with Ryan Athletics for$392,000 to complete the reconstruction of the Carpino/Steffans Field. BE IT FURTHER, RESOLVED, that the Town Administrator is hereby authorized to execute said contract on behalf of the Town. Bids received: Ryan Athletics 235 Countyline Road $42,000.00 $38,000.00 $312,000.00 $392,000.00 Amityville, NY 11701 Zeal, Inc. P.O. Box 807 $50,000.00 $65,000.00 $379,000.00 $494,000.00 Mamaroneck, NY 10543 Peter J. Landi Inc. 249 Main Street $46,480.00 $62,000.00 $395,000.00 $503,480.00 Eastchester, NY 10709 Coppola Paving & Landscaping 3820 Boston Post Rd $28,900.00 $55,815.00 $399,000.00 $483,715.00 Bronx, NY 0475 Land Improvement Inc. P.O. Box 177 $25,500.00 $38,500.00 $453,000.00 $517,000.00 Katonah, NY 10536 Lapeer Contracting Co., Inc. 19 Lapeer Street $34,600.00 $64,100.00 $481,176.00 $579,876.00 Deer Park, NY 11729 Acocella Contracting Inc. 68 Gaylor Road $50,519.50 $57,913.20 $496,733.00 $605,165.70 Scarsdale, NY 10583 Gazebo Contracting Inc. 7 October 8, 1997 3-02 26th Avenue $55,000.00 $85,000.00 $512,000.00 $652,000.00 Long Island City, NY 11102 N. Picco&Sons Contracting 154 East Boston Post Rd $87,000.00 $57,000.00 $767,900.00 $911,900.00 Mamaroneck, NY 10543 Burton F. Clark, Inc. d.b.a. Clark NYS Route 10, P.O. Box 427 $66,000.00 $30,000.00 $843,500.00 $939,500.00 Delhi, NY 13753 3. Authorization - Consulting Agreement - Dolph Rotfeld Engineering Mr. Altieri said that authorization was being requested to enter into a consulting agreement with Dolph Rotfeld Engineering of Tarrytown, N.Y. to provide engineering services to the Town. He said that Malcolm Pirnie has served as our engineering consultants for primarily Planning Board matters and environmental engineering projects. We are finding however that our needs have expanded beyond these two categories. He noted that the Town will need to begin a review of its bridges to determine repairs that may be necessary in the coming years and structural engineering expertise is therefore necessary. Also, engineering needs for storm drain repair, sanitary sewer repair and the like are going to be required. He said that Rotfeld Engineering provides a stronger civil engineering service background. He added that another factor for consideration is the location of the two firms. The group from Malcolm Pirnie responsible for the Town was moved to New Jersey about two years ago. Although this is not a problem for Planning Board work, the distance does present difficulty for situations that require an engineer on site quickly. The Administrator said that Rotfeld Engineering has associates on staff that are available to come to the Town to provide on site services because they are located in Tarrytown which is convenient to the Town of Mamaroneck. The Administrator said that he had attached to the Board packets the proposed consulting agreement that defines the type of services to be provided and the fee structure for each type of service. He said that all services are provided on an as needed basis, but should Rotfeld Engineering be required to manage a large capital project their fees would be a percentage of bid prices received by the Town. The percentages to be charged are listed in the charts attached to the agreement. This format is an industry standard applied for calculating engineering fees for construction projects. For the time being, Malcolm Pirnie will still provide services to the Planning Board. All other engineering services for civil engineering will be provided by Rotfeld Engineering, with the exception of capital construction projects we would expect to expend between $10,000 and $15,000 per year for these services. RESOLVED, that the Town Board does hereby authorize the Agreement with Dolf Rotfeld Engineering, to act as the Town Engineering Consultants; and BE IT FURTHER, RESOLVED, that the Town Administrator is hereby authorized to execute the said agreement on behalf of the Town. 4. Salary Authorizations - Recreation - Highway Department -Ambulance District 8 October 8, 1997 Recreation William Reilly, Program Director, Men's Basketball, $55/session, effective 10/16/97. Patrick Romano, Alternate Program Director, Men's Basketball, $55/session, effective 10/16/97. Cathy Cilento, Program Director, Women's Fitness, $55/session, effective 10/6/97. Sarah Lanza, Instructor, Women's Fitness, $40/session, effective 10/6/97. Suzanne Elson, Program Director, Volleyball, $55/session, effective 11/30/97. Christopher Warnock, Open House & Teen Center Programs, $35/session, effective 10/10/97. Gail Guarneri, Open House & Teen Center Programs, $35/session, effective, 10/10/97. Gina Tunno, Teen Center Program, $35/session, effective 10/10/97. Alana Kelton, Director, Skating School, $9,000/season, effective retroactive to 9/30/97. Debra Rowan, Instructor, Skating School, $16/class, effective 10/14/97. Kathleen Birdloris, Instructor, Skating School, $16/class, effective 10/14/97. Diana Moore, Instructor, Skating School, $16/class, effective 10/14/97. Amy DeNicola, Instructor, Skating School, $16/class, effective 10/14/97. Dorothy Crowley, Instructor, Skating School, $16/class, effective 10/14/97. Ann Maire Simone, Instructor, Skating School, $16/class, effective 10/14/97. Diane Morris, Instructor, Skating School, $16/class, effective 10/14/97. Kami Netri, Instructor, Skating School, $16/class, effective 10/14/97. Penny Doyle, Instructor, Skating School, $16/class, effective 10/14/97. Rebecca King, Instructor, Skating School, $16/class, effective 10/14/97. Sheryl McSherry, Instructor, Skating School, $16/class, effective 10/14/97. Julie Wasserman, Instructor, Skating School, $16/class, effective 10/14/97. Catherine Bonner, Instructor, Skating School, $16/class, effective 10/14/97. Amy Schliftman, Instructor, Skating School, $15/class, effective 10/14/97. Judith Wolf, Instructor, Skating School, $15/class, effective 10/14/97. Theresa Aiello, Instructor, Skating School, $15/class, effective 10/14/97. Karen Hook, Instructor, Skating School, $15/class, effective 10/14/97. Sahra Abid, Instructor, Skating School, $15/class, effective 10/14/97. Lizandro Zuniga, Lifeguard, Hommocks Pool, $6.75/hour, effective retroactive to 9/2/97. Linda Leva, Cashier, Hommocks Park Ice Rink, $10/hour, effective 10/13/97. Luis Martinez, Skate Guard, Hommocks Park Ice Rink, $6/hour, effective 10/13/97. Kym Rosenthal, Skate Guard, Hommocks Park Ice Rink, $5.50/hour, effective 10/13/97. Nick Tunno, Skate Guard, Hommocks Park Ice Rink, $5.50/hour, effective 10/13/97. Ana Barron, Skate Guard, Hommocks Park Ice Rink, $5.50/hour, effective 10/13/97. Lisa Monaco, Skate Room Attendant, Hommocks Park Ice Rink, $5.50/hour, effective 10/13/97. Michael Carlson, Skate Room Attendant, Hommocks Park Ice Rink, $5.50/hour, effective 10/13/97. Paul Bonacci, E.M.T., Hommocks Park Ice Rink, $7/hour, effective 10/13/97. On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that as provided for in the 1997 Town Budget, authority is granted for the payment of Recreation Department salaries. Highway Department The Administrator said that authorization was being requested to promote Antonio Colontonio to the position of Mechanic at a salary of$41,655. Mr. Colontonio has worked in the highway department for many years. 9 October 8, 1997 RESOLVED, that the Town Board does hereby authorize the promotion of Antonio Colontonio to the position of Mechanic, and hereby increase his yearly salary to $41,655, effective October 6, 1997. Ambulance District - Paramedics Authorization was requested to hire John lommazzo and Peter Rovida as paramedics effective 10/8/97 at an hourly rate of$15 days & evenings and $14 for nights. Three paramedics have left the Ambulance District and these two appointments maintain the total number of paramedics at twenty-four. On motion of Councilwoman O'Keeffe, seconded by Councilwoman Wittner, it was unanimously, RESOLVED, that the Town Board does hereby authorize the payment of salary to John lommazzo and Peter Rovida as paramedics at a rate of$15 per hour for day or evenings and $14 per hour for nights, said rates to take effect October 8, 1997. NOT ON AGENDA The Supervisor explained that this item was to support a resolution regarding the County- wide sewer rehabilitation program. She said that we have been under a consent order to reduce costs and to get funding for this matter under the Clean Air Act. We have worked with the County to have them procure funding as we and all municipalities have to ensure 15% of the funding costs to be incurred. On her motion, seconded by Councilwoman Wittner, the following resolution was unanimously adopted: WHEREAS, the New York State Department of Environmental Conservation (NYSDEC) has identified a problem of excess flows and inadequate sewage treatment at the Westchester County treatment plant; and WHEREAS, the excess flows to the sewage treatment plants are caused by inflow and infiltration (I&I) into the sanitary sewer systems; and WHEREAS, the County of Westchester is under a consent order issued by the NYSDEC to remediate the problems in the sanitary sewer systems; and WHEREAS, the County has directed the municipalities to correct the problems of inflow and infiltration in local sewers to meet the requirements of the consent order; and WHEREAS, the Westchester Municipal Officials Association and the County recognize that a regional approach to correct the problems of I&I and sewage treatment are financially and economically beneficial to the residents of the County; and WHEREAS, this project has been determined to be eligible for funding under the New York Clean Air and Clean Water Bond Act; NOW THEREFORE, BE IT RESOLVED, that the County Executive or his designee is authorized to execute and file an application on behalf of Westchester County 10 October 8, 1997 and the Town of Mamaroneck to accept funding on behalf of the Town of Mamaroneck from the New York State Clean Water/Clean Air Bond Act Funds for aid in financing the restoration and rehabilitation of various County and Municipal sewer systems pursuant to the NYSDEC consent orders as they apply to the various county sewer districts; and BE IT FURTHER, RESOLVED, that the Town of Mamaroneck agrees that it will provide funding in the amount not to exceed 15% of the cost to perform the work if the Town of Mamaroneck were to perform all of the work noted in the original SSES reports for the Town of Mamaroneck; and BE IT FURTHER, RESOLVED, that the Town of Mamaroneck agrees that the funding in an amount not to exceed 15% will be available for the sole purpose of providing the local contribution required under the grand application. SUPERVISOR REPORTS The Supervisor thanked everyone who had sent cards and called and made gestures of support during these last few days while her mother was sick and then afterwards when she had passed away. She said that it had meant a great deal to her and her family to have everyone reach out in support. She thanked all again, saying that it really did make it easier. ORAL COMMUNICATIONS Ernie Odierna of the Larchmont Gardens Civic Association then questioned why all the lights around the duck pond were out. He was told that Con Edison had been contacted about it. Ernie asked the state of the Bonnie Briar case. The Supervisor told him that it is rather involved, that we won, but that they have the right to go to the Court of Appeals if it's a constitutional issue or if it's a final decision. Ernie then asked if there could be an increased police presence in his area which would give the residents an increased sense of security. The Administrator said it would be looked into. Ernie said "The Brook" looks wonderful. ADJOURNMENT The meeting was adjourned in memory of Supervisor Price's mother. Patricia A. DiCioccio, Town Clerk C:\MSOFFICE\WINWORD\Min\97minfl10-08x.doc 11