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HomeMy WebLinkAboutMinutes 07/08/96 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING JULY 8, 1996 Present: George "Bud" Gates Johnnette Phillips James Johnson, Jr. Robert Loeffler Sara J. Fisher Chairman commissioner commissioner Ass' t. County Attorney Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners, sitting as the Local Liquor Licensing Authority for their consideration: Eagle Chamber of Ccmmerce Earlene Roach, Liquor Inspector, presented an application for Special Events pennit for Eagle Valley Chamber of Commerce. This pennit is to cover the 1996 Eagle County Fair. She related the Board has not yet signed the agreement between Eagle County and the Chamber of Commerce. In order for the Chamber to obtain their licenses by the date of the event, this application packet must go to State no later than tomorrow. This agreement was not listed on the agenda. It was not to be scheduled until July 23, 1996. All fees have been paid. The Board held a work session earlier this year with the Chamber of Commerce and agreed to the licensing of the entire Fair~rounds with the exception of the Barn and the Exhibit Hall. It is Staff's oplnion the applicant must provide security for alcohol service. The applicant must have individuals posted at the gates. Coolers, boxes, bags, backpacks, etc. must be opened to determine if there is alcohol. If the owner refuses he may not be allowed on the grounds. There shall be no over service or service to minors allowed. If someone is seen with alcohol not purchased from the Chamber, it must either be dumped or the individual must leave the area. Staff recommends approval. Commissioner Phillips moved to approve the Special Events Permit for the Eagle Valley Chamber of Commerce for the 1996 Eagle County Fair conditionally with a lease being submitted and approved by the Board. Commissioner Johnson seconded the motion. The vote was declared unanimous. Whitewater Package Store Earlene Roach introduced Ed Sands serving as a special county attorney today. He asked that all witnesses be sworn in. Terrance O'Connor, Attorney re~resenting the licensee, introduced himself and Michael Ping, representlng the applicant. He asked witnesses be sequestered. Provisions were made to do so after the swearing in. Mr. Sands called Mark Vodapich, Eagle Police Department, as a witness. Mr. Sands questioned Mr. Vodapich on the incidents which took place on May 27, 1996. Mr. Vodapich related he was called to an apartment on third street for a party. Upon arrival he found between seven and eight minors at the residence, several of which had been drinking. Citations were issued to several of those minors, for consuming alcohol and one citation was issued for providing alcohol to minors. Mr. O'Connor cross examined Mr. Vodapich on the incident and the alleged purchase of vodka at Whitewater Package Store. Mr. Sands called Dana Reichers, owner of the residence to testify next. Mr. Reichers testified he is one of the residents at this location. He informed the Board he purchased two bottles of vodka from Whitewater Package Store in Edwards around 6:00 p.m. on May 27, 1996. He related he was not asked for an ID by Mr. Ping, who was working at the store that evening. Mr. Reichers stated it is known among high school students if you want to buy 1 alcohol you can get it at Whitewater Package Store. Mr. O'Connor cross examined Mr. Reichers on the possibility of him owning a false identification and the alle~ed purchase of alcohol. Mr. Sands called Rhett Rucker, particlpant at the party, to testify. Mr. Rucker testified he was also at the party on May 27, 1996. He related he went with Mr. Reichers to Edwards, they stopped at Whitewater Package Store, Mr. Reichers went in and came out with a sack containin~ two one liter bottles of vodka. He stated on the way back to Eagle Mr. Relchers infonned him he had not been asked for an ID. He stated he also knew high school students have related they can purchase alcohol at Whitewater Package Store. Mr. O'Connor cross examined Mr. Rucker on the incident and the alleged purchase of alcohol. He also had questions on the amount of time between the students arriving home from purchasing the alcohol and the time Officer Vodapich arrived. Mr. Sands called Earlene Roach to testify. Ms. Roach testified to the order for show cause and other exhibits. Commissioner Johnson questioned a telephone call received from the applicant. Ms. Roach relayed the conversation to the Board. The applicant did neither admit or deny the alleged purchase. Mr. Vodapich reappeared with the two bottles of vodka and further testified concerning the incident. Mr. Sands gave his closing statements, indicating there has been absolutely no evidence presented by the licensee to indicate the alcohol was not purchased at Whitewater Package Store. He read several State Statutes for the Board. Mr. O'Connor gave his closing ar~ents. He stated the licensee has related he would not have sold Mr. Relchers the alcohol unless a false identification was used. Discussion followed on the procedure the Board should follow. Jim Fritze, County Attorney, related the Board could hear all evidence now or could conduct the hearing in tiers. The first being to rule on a motion to dismiss by council for the licensee, the second being to rule on whether or not there has been a violation of the Colorado Liquor Code. The third tier, if needed, would be to make a finding on the penalty. Commissioner Phillips moved to continue this item to the July 23, 1996 at 8:00 a.m.. Commissioner Johnson seconded the motion for discussion. Discussion followed on everyone's schedule. Commissioner Johnson stated that he felt it was not necessary for the Board to continue this and does not believe it to be in the best lnterest in the licensee. Commissioner Gates called for the question on the motion. commissioners Gates and Phillips voting aye, Commissioner Johnson voting no. Commissioner Johnson moved to adj ourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Phillips seconded the motion. The vote was declared unanimous. Consent Calendar Chairman Gates stated the next item on the agenda was the consent calendar as follows: A) Approval of bill paying for July 8 & 15, 1996, subject to review by County Administrator B) Approval of payroll for July 18, 1996, subject to review by County Administrator C) Contract between Eagle County and Gonzales Construction Company, Inc., for the 1996 Guardrail Contract to lnstall guardrail on Frying Pan Road, Upper Cattle Creek Road, Valley Road, Colorado River Road and West Lake Creek Road D) Change Order Number 1 to 1996 Guardrail Contract, between Eagle County and Gonzales Construction Company for the installation of an additlonal 650' of guardrail on Fryin~ Pan Road E) Memorandum of Understandlng between Eagle Board of County 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Commissioners and the Colorado River Water Conservation District F) Approval of the Veterans Service Officer's Monthly Report for June 1996 G) Approval of Project Manager for the Swift Gulch Project in Avon. Commissioner Johnson asked Mr. Bradley about item G and it being a $20,000 contract. Mike Bradley, Buildings & Grounds Supervisor, responded by the time of completion it will be about $20,000. Commissioner Johnson asked if the County will pay the total. Mr. Bradley responded at this time it wlll be pald by the Board. It is up to them to split out the costs later on. Jim Fritze asked that item G be pulled and discussed separately. Commissioner Phillips moved to approve the consent calendar consisting of items A-F. Commissioner Johnson seconded the motion. The vote was declared unanimous. Mr. Fritze stated the contract for Swift Gulch Project came to his office last week and he believes a better contract can be written. He proposed other means of starting the work. Jim Hartmann, County Administrator, stated this item was discussed with the Town Council in Avon and they have been trying to get a project manager on line to proceed. They are asking the Board's approval of the contract and authorize the Chairman to sign any changes that need to be made to the contract. Mr. Fritze stated his recommendation is to either bring the entire contract back or to authorize changes to the contract and authorize the Chairman to sign Commissioner Phillips moved to approve the contract for approval of project manager for the Swift Gulch Project in Avon and authorize the Chairman to sign the changed contract. Commissioner Johnson seconded the motion. Mr. Bradley asked if that gives them the ability to move ahead. Mr. Fritze stated if they are to begin work, they should do so by purchase order. Chairman Gates called for the question on the motion. The vote was declared unanimous. Resolution 96-90, Supplementary Budget Allen Sartin, Finance Director, presented Resolution 96-90, Adopting a Supplementary Budget and appropriation of unanticipated revenues for fiscal year 1996 and authorizing the transfer of budgeted and appro~riated monies between various spending agencies. He explained the Resolutlon to the Board. Commissioner Johnson guestioned $5,200 unanticipated expense for cellular phones for Communlty Development and other charges. Mr. Sartin explained the charges. Commissioner Johnson questioned the unanticipated expense for voice mail for Community Development. Jack Ingstad, Ass't. County Administrator, stated they had suggested a multi media computer system. Commissioner Phillips asked about the ramp expansion and the unanticipated expense. Mr. Sartin explained the ramps previously approved went up in cost. This is the 10% share the County will pay. Commissioner Johnson asked about five of the six new positions. He stated he does not remember the Board discussing the new position in animal control. Mr. Sartin submitted back up to the Board. Chairman Gates asked if the animal control position was submitted previously. Mr. Hartmann stated Bob Slagle, Animal Control Officer, is present today to provide the support. Mr. Slagle stated this is a part time position to a full time position in the EI Jebel side of the valley. He explained the increase demand for 3 services. Commissioner Phillips asked if this had been discussed with personnel. Mr. Slagle responded he has and Human Resources does see this as an acceptable request. Commissioner Johnson stated he does not have the backup and the Board has not discussed this. Mr. Hartmann sug~ested they make the approval but not of this position and they will bring lt back to the Board in two weeks for discussion. Jack Ingstad stated they did get the requested information but it was not in the appropriate format. He stated he can make the document available. Chairman Gates asked if this can be delayed another week. Commissioner Phillips moved to approve Resolution 96-90, adopting a su~plementary budget and appropriation of various monies with no decision belng made on the FIE for Animal Control until the Board has had the chance to review it. commissioner Johnson seconded the motion. The vote was declared unanimous. Resolution 96-91, Eagle/Vail Ccmnercial Center, Longs Excavation Jim Fritze, County Attorney, presented Resolution 96-91, power of attorney conferring authority to draw on letters of credit, if required, for Eagle/Vail Commercial Center and Longs Excavation, Inc. He explained the Resolution to the Board. Commissioner Phillips moved to approve Resolution 96-91, authorizing the drawing of collateral if required, for Eagle/Vail Commercial Center and Longs Excavation, Inc. Commissioner Johnson seconded the motion. The vote was declared unanimous. Abatement Hearings Allen Black, Eagle County Assessor, presented a petition of abatement, schedule number R032776, Ray & Ruth Miller. Mr. Black stated the Miller ranch was sold in 1995 though in 1994 it was taken out of agricultural status. Mr. Black stated an error was made and then corrected. He stated this property was not actively used for agricultural. He explained how the current valuation was determined. Ruth Miller, petitioner, stated she was not notified in the change of valuation. Commissioner Phillips stated she feels the taxes are correct. Commissioner Johnson asked how the statutes indicate how property owners are notified on the valuation. Mr. Black stated the NOV was sent to June Creek rather than the Millers, however, they are not being denied their right to protest the NOV and request an abatement as this hearing takes the place of their appeal. commissioner Johnson agreed with the 1995 tax amount and empathizes with the Millers for 94 taxes. The Assessor's Office recommended denial as the subject property's use does not establish a basis qualifying it for agriculture status. Commissioner Phillips moved to approve the refillld in the amount of $3,831.21 and stated agreement for the 1995 valuation of $207,000. Commissioner Johnson seconded the motion. The vote was declared unanlmous. Allen Black presented a petition of abatement, schedule number 040588, Gail S. Schwinger. The Assessor's Office recommended denial as the taxpayer is precluded from filing a protest and an abatement petition for the same assessment year. Rick Rosen, Attorney for Ms. Schwinger, cited Colorado State Statutes that provide for erroneous valuation. This is not just an over valuation. He spoke of a $2.5 million dollar contract by Ms. Schwinger and a credit for unfinished work in the condominium unit. As a result the contract came in at an amount less than $2.5 million. Mr. Black stated some of the contract figures fall outside the window of time the Assessor's office can use for valuation. Mr. Rosen stated two adjacent units are valued at $2.5. 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387889 Mr. Black replied these comparisons fallout of the window of time allowed by law. He stated the finish in Ms. Schwinger's unit is above average. Mr. Rosen argued the unit has not been inspected by the Assessor's office. Mr. Black stated Ruth Bergland did inspected this unit. Mr. Rosen stated this was before completion of the unit. Commissioner Johnson moved to table schedule number 040588,. Gail S. Schwinger, to allow the Assessor's office to investigate further. Commissioner Phillips seconded the motion. The vote was declared unanimous. Mr. Black agreed to notify Mr. Rosen when the inspection is to occur. Allen Black presented a petition of abatement, schedule number R011022, Rosalinda L. Sherwood. The Assessor's Office recommended approval as the abatement petition for 1993 was filed too late. The 1994 abatement petition is not from the person/persons who owned the property in 1994 and was withdrawn. Commissioner Phillips moved to refund the taxes for 1995, schedule number R011022, Rosalinda L. Sherwood, in the amount of $3,393.25. Commissioner Johnson seconded the motion. The vote was declared unanimous. Mr. Black presented a petition of abatement, schedule number M027372, Alyce Shields. The Assessor's Office recommended denial as the petitioner was not the owner of record in 1995. Alyce Shields, petitioner, stated she has lived in the mobile home for 17 years and her husband signed the title over to her in 1994, but she did not transfer it until spring of 1996. She spoke of her financial difficulty in ~aying taxes and living expenses. Ms. Shields stated she spoke with a moblle home realtor who told her she would only get $1,000 for this mobile home. Commissioner Johnson questioned Ms. Shields on the purchase date and separation. Discussion continued on the value of Ms. Shield's mobile home. Commissioner Phillips asked Mr. Black if any consideration is given regarding an error in purchase date. Mr. Black stated his office is valuing the entire mobile home plus the addition. Mr. Black asked if this can be tabled for thirty minutes. Commissioner Phillips moved to continue this item to later this afternoon. Commissioner Johnson seconded the motion. The vote was declared unanimous. Allen Black presented a petition of abatement, schedule number 041900, J. Arthur and Pauline Bowler. The Assessor's Office recommended partial approval as this abatement is being granted only for that portion of the subject pro~erty being illegally or erroneously assessed due to the split classificatlon. They are recommending an abatement Commissioner Johnson moved to approve a partial abatement for schedule number 041900, J. Arthur & Pauline Bowler in the amount of $973.31. Commissioner Phillips seconded the motion. Mr. Bowler, petitioner, stated in his request for abatement he is also askins for a reclassification of value because of the steepness. He explalned additional reasons for requesting the change in valuation. Commissioner Johnson asked how adjacent parcels of land being held by the same person or corporation are valued as one parcel as opposed to separate. . Mr. Fritze stated if the two or more parcels don't conform to the zonlng, they are treated as one. Mr. Black stated this parcel is 80 acres, valued as one parcel. Mr. Black reviewed the sales within the areas. Commissioner Phillips asked if the parcels were split, would the values be the same. 5 Mr. Black stated if they are treated as separate, they would take the flatter value. Mr. Bowler questioned what they get for their tax dollars? Discussion continued on the road. Mr. Bowler questioned the rules on vacant land. He questioned the payment of greater taxes on vacant land than residential. Jim Fritze stated the theory is to give a break to agriculture and that is what the statute does. The Colorado Board of Appeals views the vacant land as unsold stock. Mr. Black reviewed the governing statutes. Chairman Gates called for the question on the motion. The vote was declared unanimous. Allen Black presented a petition of abatement, schedule number 25090, Billie Kelly Pirnie. The Assessor's Office recommended denial as the physical inspections reveal no indicators that agricultural use has occurred. Tours of the property show earthwork being conducted for the sale of topsoil. It is recommended the classification as vacant land remain for 1995. Mr. Black referred to the agricultural questionnaire and the answers provided. Ronald Pirnie, representing his mother, stated when she answered the questionnaire, she really didn't know what was going on. Mr. pirnie reviewed the agricultural use that has been going on. He explained they are attempting to reclaim the lake. He stated until they get the water up there, they can't make it more agricultural. Commissioner Phillips asked about a lease. Mr. pirnie stated it has always been verbal. He referred to the documentation he does have and pictures of the 400 lambs coming off last week. Mr. Black stated the livestock grazing agreement is not a lease. It seems to be an agreement to take care of the cattle. Mr. pirnie stated they used this document as a lease. Mr. Black submitted photos to the Board for their review. commissioner Phillips asked if partial agricultural use is feasible. Mr. Black responded no. Mr. pirnie submitted photos for review. Mr. Black asked if there is a top soil land business going on. Mr. pirnie stated the only thing being mined is the lake and they have completed it. Commissioner Johnson clarified Mr. Black's question and asked when ln 1995 did the soil reclamation take place. Mr. pirnie responded during the summer. Commissioner Jolmson asked if Mr. pirnie has a schedule F. Mr. pirnie stated they have leases with the accountant. commissioner Johnson suggested they table this until the petitioner has the opportunity to produce additional information to the assessor's office. commissioner Johnson moved to table schedule number 25090, Billie Kelly pirnie. Commissioner Phillips seconded the motion. Mr. Black asked if they could be provided with specific information. Chairman Gates called for the question on the motion. Of the two voting Commissioners the vote was declared unanimous. Mark Chapin, Assessor's office, brought up the Shields petition tabled earlier in the day. He asked the Board review the phamplet handed to them and issued by the Colorado Department of Revenue. Mr. Chapin indicated to the petitioner they may chose to pursue this. Ms. Shields asked what the value is since she can only get $1,000.00 if she sells. Mr. Black stated they value based on the fact it is a home. Ms. Shields stated Janet Mitchell would not offer anything more. Mr. Black stated they model their values after what the market shows when they sell. Ms. Shields stated she knows people who have been able to sell but the Crawfords won't give her any money. Ms. Shields further explained her dilemma. commissioner Phillips asked if additional consideration has been given 6 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 on the shape of the trailer. Mr. Black responded yes, they have knocked an additional 30% off. Commissioner Johnson asked about any additional income. Ms. Shield's responded she is not allowed to receive any. Commissioner Johnson asked about any other improvements that need to be made. Ms. Shields stated she has had some plumbing done but still needs to fix the roof. She discussed the roof damage. Mr. Black stated they will revisit the property if needed. Ms. Shields stated when Mark visited the property he made many notes and talked with her about trying to attend this hearing. Ms. Shields stated the Crawford's will not work with HOD. Commissioner Johnson moved to table schedule number M027372, Alyce Shields to allow the assessor's office to go back out and take another look. He asked Ms. Shield's to contact the Social Services department to see how she might get assistance in paying back the people she has borrowed monies from. Chairman Pro-tern Phillips seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Chairman Gates had left the meeting. Mr. Black presented a petition of abatement, schedule number R032882, Patricia K. Burrows. The Assessor's Office recommended denial as the data supplied by the Assessor's Staff indicates the value assigned is in line with time adjusted sales. Commissioner Johnson moved to deny schedule number R032882, patricia K. Burrows based on the assessor's recommendation. Chairman Pro-tern Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Allen Black presented a petition of abatement, schedule number R025520, Steven & Bethany Machado. The Assessor's Office recommended denial as the petitioner is asking for an abatement based on an average increase in taxes on a per year basis, not the increase in value. commissioner Johnson moved to deny schedule number R025520, Steven & Bethany Machado. Chairman Pro-tern Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Allen Black presented a petition of abatement, schedule number R025851, Airport Gateway Center, LLC. The Assessor's Office recommended partial approval in the amount of $71,073.56. Commissioner Johnson moved to approve a petition of abatement, schedule number R025851, Airport Gateway Center LLC. Chairman Pro-tern Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Allen Black presented a petition for abatement, schedule number R030777, Edwards Plaza II, LLC. The Assessor's Office recommended denial as the taxpayer is precluded from filing a protest and an abatement petition for the same assessment year. Commissioner Johnson asked if Mr. Schmidt had provided supportive evidence. Mr. Black responded no. Commissioner Johnson moved to deny schedule number R030777, Edwards Plaza II, LLC. Commissioner Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Allen Black presented a petition for abatement, schedule number P023815, Gene & Theresa Baker. The Assessor's Office recommended denial as in 1995, the petitioners returned their personal property declaration, stating the subject property was a furnished rental unit. They failed to fully and completely disclose the personal property contained in the unit. 7 Commissioner Johnson moved to deny schedule number P023815, Gene & Theresa Baker. Chairman Pro-tern Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Allen Black presented a petition for abatement, schedule numbers R042689, R042690, R042691, R042692, Thomas J. Conners, dba/AAA Mini Storage. The Assessor's Office recommended approval as submitted. Commissioner Johnson moved to approve schedule numbers R042689, R042690, R042691, R042692, Thomas J. Conners, dba/AAA Mini Storage in the amount of $3,318.55 for each of the schedule numbers. Chairman Pro-tern Phillips seconded the motion. Of the two voting commissioners the vote was declared unanimous. Allen Black presented a petition of abatement, schedule number R014097, Leo Palmos. The Assessor's Office recommended partial approval. Commissioner Johnson moved to approve a partial abatement of schedule number R014097, Leo Palmos in the amount of $24,174.39. Chairman Pro-tern Phillips seconded the motion. Of the two voting commissioners the vote was declared unanimous. Allen Black presented a ~etition of abatement, schedule number P023763, FBS Business Finance Corporatlon. The Assessor's Office recommended approval as submitted. Commissioner Johnson moved to approve schedule number P023763, FBS Business Finance Corporation in the amount of $3,421.74. Chairman Pro-tern Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Allen Black presented a petition of abatement, schedule number P009009, Szechwan Lion Chinese Restaurant, Inc. The Assessor's Office recommended approval as submitted. Commissioner Johnson moved to approve schedule number P009009, Szechwan Lion Chinese Restaurant, Inc. in the amount of $1,015.66. Chairman Pro-tern Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Allen Black ~resented a petition for abatement, schedule number ROl1673, Miller Family Limlted Partnership. The Assessor's Office recommended denial as there have been three sales of comparable properties within neighboring areas during the appropriate time frame. The comparable properties attest to the accuracy and equity of the mass appraisal process used in the valuation. Commissioner Johnson moved to deny schedule number ROl1673, Miller Family Limited Partnership. Chairman Pro-tern Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Allen Black presented a petition of abatement, schedule number R026909, Thomas J. & Jeanne M. Bailey. The Assessor's Office recommended denial as comparable sales indicate the premium paid for river front parcels is higher. Commissioner Johnson moved to deny schedule number R026909, Thomas J. & Jeanne M. Bailey. Chairman Pro-tern Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Allen Black presented a petition of abatement, schedule number R027892, Ben N & Linda Sellers. The Assessor's Office recommended partial approval as the abatement for 1995 is being denied due to the fact the value was corrected at the CBOE hearing. The abatement is bein~ approved for 1994, due to the over valuation caused by the split classificatlon. commissioner Johnson moved to partially approve schedule number R027892, Ben N. & Linda Sellers in the amount of $682.36 for 1994. Chairman Pro-tern Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. 8 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Water/Sewer Line Easement, Cooley Mesa Road Jim Fritze presented the granting of water and sewer line easement and granting of right-of-way to Town of Gypsum for relocation of Cooley Mesa Road. He asked to table these until tomorrow as he has asked for some additional information from Jim Elwood. commissioner Johnson moved to table the granting of water and sewer line easement and granting of right-of-way to the Town of Gypsum for relocation of Cooley Mesa Road. Chairman Pro-tern Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until July 9, 1996. ~ Q- Attest: ~ f00 cre to t e Boa~ ~&d~'if/ al 9