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HomeMy WebLinkAboutO-12404J-03-674 7/23/03 ORDINANCE NO. 12404 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTERS 2 AND 12.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING THE CHAPTERS ENTITLED "ADMINISTRATION" AND "COMMUNITY REVITALIZATION" WHICH CREATED THE LITTLE HAVANA HOMEOWNERSHIP TRUST (THE "TRUST") PURSUANT TO ORDINANCE NO. 12356, ADOPTED APRIL 10, 2003, BY REPEALING ALL SECTIONS RELATED TO THE TRUST, AND SUBSTITUTING IN LIEU THEREOF NEW SECTIONS ESTABLISHING THE LITTLE HAVANA HOMEOWNERSHIP ADVISORY BOARD ("ADVISORY BOARD") BY DEFINING THE GEOGRAPHIC BOUNDARIES FOR THE DISTRICT, SETTING FORTH THE BOARD'S PURPOSE, POWERS AND DUTIES, PROVIDING FOR COMPOSITION AND APPOINTMENTS AND PROCEDURES, TERMS OF OFFICE, VACANCIES, MEMBERSHIP QUALIFICATIONS, ATTENDANCE REQUIREMENTS, OFFICERS; OATH, QUORUM AND VOTING, MEETINGS, ABOLISHMENT, SPECIFICALLY DESIGNATED PERSONNEL BY THE CITY MANAGER TO ACT AS LIAISON TO THE ADVISORY BOARD, COUNSEL, BUDGET APPROVAL AND ANNUAL REPORT AND PROVIDING FOR "SUNSET" REVIEW; MORE PARTICULARLY BY AMENDING SECTION 2-892 AND DIVISION 3 TO CHAPTER 12.5, OF THE CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. WHEREAS, pursuant to Resolution No. 99-429, adopted June 29, 1999, the City Commission approved the City's Five Year 12404 Consolidated Plan (1999-2004), which outlined the City's various housing and community revitalization strategies for the proposed use of funds received from the U.S. Department of Housing and Urban Development; and WHEREAS, with the adoption of the City's Five Year Consolidated Plan in August 1999, the City Commission approved the establishment of seven (7) Community Revitalization Districts in the City of Miami, with the City's initial homeownership development efforts to begin in the Model City neighborhood; and WHEREAS, the City Commission identified the Little Havana Community Revitalization District as the next area to undergo comprehensive redevelopment; and WHEREAS, at the City Commission meeting of July 10, 2001, the City Commission allocated $140,000 of 27th Year Community Development Block Grant Funds to conduct a planning study to initiate the planning process for the Little Havana Homeownership Zone Project; and WHEREAS, Little Havana is a densely developed urban area with: rich architecture, a strong urban street grid, excellent proximity to downtown and financial district employment centers, outstanding access to public transit and major highways, and internationally known cultural amenities such as Calle Ocho and the Miami River; and Page 2 of 14 12404 WHEREAS, the City Commission wishes to create and establish an Advisory Board which shall receive its initial sunset review in the Year 2007, and then every four years thereafter, and to advise and initiate the Little Havana Homeownership Initiative; and WHEREAS, the Little Havana Homeownership Advisory Board ("Advisory Board") will provide advice to the City Commission for the City's revitalization efforts and activities to be undertaken in the Little Havana Community Revitalization District; and WHEREAS, the Advisory Board will emphasize an initiative that will preserve the area's urban fabric while creating homeownership opportunities in a neighborhood where less than 10 percent of the housing is owner occupied; and WHEREAS, the Advisory Board will concentrate on working with developers who will restore existing buildings that give Little Havana its wealth of Spanish Mission, Mediterranean, Streamline Moderne and other classic examples of architecture from the 1920s -1940s; and WHEREAS, it is the intent of the City Commission that these structures will be preserved, while their interiors are upgraded with new plumbing, wiring, windows, windstorm protection, disability access and all other improvements to meet code requirements; and Page 3 of 14 12404 WHEREAS, when urban infill development is deemed appropriate, the Advisory Board shall work to assure that new construction matches the character of the neighborhood, the scale of the block and the architecture of the area; and WHEREAS, the provisions of this ordinance are intended to provide the City Commission advice regarding an initiative that will convert existing multifamily rental buildings into clean, safe affordable homeownership opportunities in Little Havana; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Ordinance No. 12356, adopted April 10, 2003, which amended the Code of the City of Miami, Florida, as amended, by amending Section 2-892 and adding new Division 3 to Chapter 12.5 of the Code, which created the Little Havana Homeownership Advisory Board (the "Advisory Board") is repealed in its entirety, thereby deleting all sections relating to the Little Havana Homeownership Trust, and new Sections, as set forth in Sections 3 and 4 hereinbelow are substituted in lieu thereof. Page 4 of 14 12404 Section 3. Chapter 2, Article XI, of the Code of the City of Miami, Florida, as amended, is amended in the following particulars:'/ "Chapter 2 ADMINISTRATION Article XI. BOARDS, COMMITTEES, COMMISSIONS DIVISION 2. STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY Sec. 2-892. "Sunset" review of boards. Commencing with the year 1995, each city board shall be reviewed in the following manner: (4) The following boards shall initially be reviewed in the following years and shall be reviewed every four years thereafter: g. 2001: i. 2007: 1. Model City Homeownership Advisory Board 2. Little Havana Homeownership Advisory Board 1� Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. Page 5 of 14 12404 Section 4. The Code of the City of Miami, Florida, as amended, is further amended by adding new Division 3 to the Chapter entitled "Community Revitalization," in the following particulars:-'/ "Chapter (To be determined) COMMUNITY REVITALIZATION ARTICLE I. Community Revitalization Districts DIVISION 1. Generally. DIVISION 2. Model City Homeownership Advisory Board DIVISION 3. Little Havana Homeownership Advisory Board Sec . (To be determined) . Little Havana Homeownership Advisory Board created. A limited agency and instrumentality of the City to be known as the "Little Havana Homeownership Advisory Board" is created and established. Use of the term "Advisory Board" in this division shall mean the Little Havana Homeownership Advisory Board. Sec. (To be determined) . Little Havana Community Revitalization District - iurisdictional authority. The Advisory Board shall exercise the powers and duties for the Little Havana Community Revitalization District for the geographical areas in Miami, Miami - Dade County, Florida, as bounded by the Miami River on the north, Fourth Avenue on the east, Southwest Eighth Street on the south, and Seventeenth Avenue on the west. Page 6 of 14 12404 Sec . (To be determined) Little Havana Homeownershi Initiative. The Little Havana Homeownership Initiative represents the second community for implementation of the City's revitalization efforts to redevelop Communitv Revitalization Districts throughout the City. sec. (To be determined) . Purpose; powers and duties. (a) Purpose. The Advisory Board, in cooperation with the City Manager and City departments, shall be responsible for advice, oversight, and facilitation of the City,s revitalization efforts for the redevelopment of the Little Havana Community Revitalization District in a manner consistent with the strategy identified in the Five Year Consolidated Plan, adopted by the City Commission in August, 1999. (b) Powers and duties. Subject to City Commission approval and compliance with the terms and conditions of any existing contractual obligations, the Advisory Board shall advise the City Commission on revitalization activities and: 1. establish policy for the revitalization _efforts in the Little Havana Community Revitalization District; and 2. advocate the purposes of the Advisory Board; and 3. assist and advise the City Commission, the City Manager, other departments and other public officials and entities concerning the revitalization initiative in the Little Havana Community Revitalization District; and 4. promote, oversee and assist in the redevelopment activities and develop increased public awareness and interest in the Little Havana Community Revitalization District; and Page 7 of 14 12404 5. establish Little Havana Homeownership Pilot Projects within the Little Havana Community Revitalization District; and 6. solicit grants, contributions and financial and non-financial support from individuals, private business interests, the general public, governmental entities, corporations and organizations, foundations and other philanthropic entities to further the purpose of the Advisory Board; and 7. implement full and active participation and cooperation with public and private entities in furtherance of the Advisory Board's purpose to oversee and facilitate the revitalization of the Little Havana Community Revitalization District to improve the quality of life for residents of this neighborhood. Sec. (To be determined) . Governing body -composition and appointments; terms of office and vacancies; membership qualifications; procedures for appointment of members and the Public Advocate; oath; officers; quorum and voting; meetings; and attendance requirements. (a) Governing body -composition and appointments. The Advisory Board shall consist of seven members, one of whom shall be a Public Advocate who shall be a homeowner in City Commission District 3, and six individuals from professional disciplines and who shall be appointed by the District 3 Commissioner and confirmed by the City Commission, as hereinafter set forth. (b) Terms of office and vacancies. (1) Six members shall be appointed by the District 3 Commissioner for a term of four years. The District 3 Commissioner shall appoint an individual to fill a vacancy due to the death, resignation or removal of any Page 8 of 14 12404 member of the Advisory Board, which person shall serve only for the remainder of the unexpired term. Nothing set forth herein shall prohibit any individual from being reappointed. (2) The Public Advocate shall be appointed for a term of four years. The District 3 Commissioner shall appoint an individual to fill a vacancy of the advocate's position due to the death, resignation or removal of the Advocate of the Advisory Board, which person shall serve only for the remainder of the unexpired term. Nothing set forth herein shall prohibit any individual from being reappointed. (c) Membership qualifications. All Advisor Board members shall be 18 years of age or older. All members except the Public Advocate shall broadly reflect the diversity of the community and share technical, professional expertise or experiential knowledge and interest in the following areas: residential construction, development, architecture and engineering, planning, zoning and land use law, economic development, historic preservation and restoration, administration, fiscal management, and community involvement. The Public Advocate shall be a full time homeowner, residing in City Commission District 3. Each member of the Advisory Board shall be an individual of outstanding reputation for integrity, responsibility and commitment to serving the community, have a demonstrated interest in the revitalization of the Little Havana neighborhood and the vision of the Advisory Board, and is expected to participate actively in the functioning of the Advisory Board. (d) Procedure for appointment of members. No appointment shall be made until notice has been given at least 30 days prior to making the an appointment in _a newspaper of general circulation in the City of the appointments to be made to the Advisory Board. Persons interest in and knowledge of the Little Havana area shall be solicited and encouraged to serve from the Page 9 of 14 12404 public and professional or citizen organizations within the Little Havana area. Qualifications of those to be considered as prospective appointees of the Advisory Board shall be submitted. At least ten days prior to the making of any appointment, the District 3 City Commissioner shall cause to have available to the public, and shall publicly make announcement of the fact, that the list of names thus submitted, together with a short statement of the qualifications of each person, is prepared and available for public inspection and consideration. In reaching decision on appointments, the District 3 City Commissioner shall dive due consideration to the names submitted. (e) Oath. Upon the effective date of appointment, or as soon thereafter as practicable, each member of the Advisory Board shall assume the duties of a member of the Advisory Board, but before doing so, shall take the oath prescribed by section 41 (e ) and ( f ) of the City Charter_ (f) Officers. The members of the Advisory Board shall elect from its members a chairperson and vice - chairperson, and designate a secretary and such other officers deemed necessary. The chairperson of the Advisory Board shall have the power to appoint all members serving on the various committees which the Trust shall establish from time to time. Quorum and voting. At all meetings of the Advisory Board, a minimum of four members shall constitute a quorum for the transaction of business, and each member shall have one vote on every issue submitted to a vote of the Advisory Board. The act of a majority of the members present at a meeting at which a quorum is present shall be the act of the Advisory Board. The members of the Advisory Board may make and adopt bylaws and rules for the Advisory Board's governance. (h) Meetings. The Advisory Board shall_ hold_ regular quarterly meetings and may hold such other meetings as it deems necessary. Whenever possible, the meetings of the Advisory Board shall be held in the Little Havana area. All meetings of the Advisory Board shall be public. Written minutes of the proceedings of all actions taken at the meeting of the Page 10 of 14 12404 Advisory Board shall be maintained properly recorded and submitted to the City Clerk. (i) Attendance requirements. A member shall be automatically removed if, (a) in a given calendar year he or she is absent from three (3) consecutive meetings; or (b) he or she is absent from four (4)_ Droberly noticed meetincls within an eight-month period without an excused absence. Sec. (To be determined). Staff Liaison; assignment, qualifications, compensation, general powers and responsibilities. There shall be an individual or individuals who shall be specifically assigned to the Advisory Board to facilitate its activities by the City Manager. The City Manager shall assign a permanent employee designated solely for the purpose of managing the revitalization initiative. The employee assigned by the City Manager shall be a person of good moral character and have an excellent reputation for integrity, responsibility, and business ability. The employee assigned by the City Manager shall act as the liaison to the Advisory Board and the Administration who shall have general supervision over and be responsible for the management and operation of all Advisory Board activities. The employees shall attend all meetings of the Advisory Board, shall furnish the City Commission with a quarterly report with respect to the revitalization initiative, and shall from time to time have prepared and shall furnish such reports, audits and other information relating to the revitalization initiative to the City Commission as may be requested by the Advisory Board or the City. In the event that the employee is for any reason temporarily incapable of exercising the powers and performing the duties and assigned functions, the City Manager shall designate an employee to perform such functions and duties until such incapacity of the permanently assigned employee ceases. Page 11 of 14 12404 Sec. (To be determined) . Counsel. The City Attorney's office shall provide legal counsel to the Advisory Board as may be necessary and requested by the Advisory Board. sec. (To be determined) . Approval of budget. (a) Effective immediately, the Advisory Board shall immediately review the budget for the Little Havana Homeownership Initiative and submit its recommendation to the City Commission, in a form acceptable to the City Manager, and no later than April 1 preceding the commencement of each fiscal year, a Advisory Board budget request pertaining to management, operation, maintenance and capital expenditures and delineating the financial responsibility of the City for certain categories, including but not limited to, its recommendations for insurance, security, utilities, capital improvements and maintenance and any other improvement to the District. Nothing contained herein shall be construed to prohibit the Advisory Board from submitting a supplemental budget to the Commission for approval. (b) In conjunction with the submission of the budget, the Advisory Board shall submit recommendations for a master plan reflecting the proposed operations, activities, and improvements of the revitalization initiative for the forthcoming fiscal year. The City Commission may review and reject any item contained in the master plan within thirty (30) days from the date of its submission by the Advisory Board. (c) No provision contained in this Article shall be construed to violate the Anti -Deficiency Act, as set forth in Sections 18-500 through 18-503 of this Code. Page 12 of 14 1244 Sec. (To be determined) . Sunset Review of the Advisory Board. Notwithstanding the provisions contained in Section 2-892 of this Code, the Advisory Board shall be initially reviewed in 2007. Thereafter the Advisory Board shall be reviewed every four years. sec. (To be determined) . Abolition of the Advisory Board. The City Commission may, by an affirmative four- fifths (4/5t"') vote, abolish the Advisory Board, at which time the powers and duties of the Advisory Board shall revert to the City and the City shall resume responsibility for the revitalization initiative." Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 6. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 7. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Code of the City of Miami, Florida, as amended, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Page 13 of 14 12404 Section 8. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.31 PASSED ON FIRST READING BY TITLE ONLY this 24th day of Jul 2001. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 11th day of September 2003. EL A. DIAZ, MAYOR ATTEST: PRISCILLA A. APPROVED SON, CITY C 1W VILARELLO ATTORNEY W1497:BSS CORRECTNESS t, s� This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Page 14 of 14 12404 Second Reading Ordinance 21 CITY AT EV S OFFICE N9MORANDUM TO: Mayor and Member f the ity Commission FROM: Alejandro Vilarel , Ci Attorney DATE: July 30, 2003 RE: Proposed Se eading Ordinance City Commissi Meeting — September 11, 2003 Repeal Ordi ce No. 12356 which established the Little Havana Homeownership Trust and bstitute in lieu thereof new ordinance to establish the Little Havana Homeownership Advisory Board (J-03-674) The attached ordinance is the modified first reading ordinance passed at the July 24, 2003 City Commission Meeting (Item District 3A of Commissioner Sanchez' Blue Page) which proposes amendments to Chapters 2 and 12.5 of the City Code by repealing those sections created by Ordinance No. 12356 which established the Little Havana Homeownership Trust and substitutes in lieu thereof a new ordinance to establish the Little Havana Homeownership Advisory Board. W915:BSS c: Joe Arriola, City Manager Priscilla A. Thompson, City Clerk Elvi G. Alonso, Agenda Coordinator 12404 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of PO #11086 CITY OF MIAMI - NOTICE OF PROPOSED ORDINANCES - SEPT. 11, 2003 in the XXXX Court, was published in said newspaper in the issues of 08/29/2003 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, re e, commission or refund for the purpose of securing toig adve me for publication in the said Sworn to and subscWed before me this 29 4av of AUGUST , X. (SEAL) O.V. FERBEYRE Pers ally knowjlFtalffW LLERENA NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC 912958 MY COMMISSION EXP. RUNE 232004 W it lir; Flalll�. t��IlMarr � � , ConA M Pa��Y�i���, FNrhlllC OIDINmm NO. NO FiFU�-�110:R8 AND �t00 TH9 O 1* (My OF ILi11AlA. FLORDA►, AS'AM TIERS *ADMIN VITAL0010F1" WHCH ( 00OWPERWW TRUST DOWMIXNO:1291MAD A INVEALM PROW10011 , A 1111111DOW11111111111LITY CAMEr AND PWMDW 0 FOR AN ofEenm TE;: MD PRDNDING FOR I[tILlJ910N IN THE CITY OODE NO .. NCE OF THE CITY OOMMf tON-6WAB- r&..70F NEW REVE3111ii-ilW0 �. TCSENq MiEDIC"At. _ R me OP FOR THE ER/►TION OF 8AME, Md THE AMOUNT OF :181.989, CONSISTING OF A GRANT. IN THE AMOUNT' OF $'121 AM FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH, WITH MATCHING FUNDS, IN THE AMOUNT OF $40,497. ALLOCATED FROM THE CRY OF #MAMA OPERAT- ING BUDGET, ACCOUNT CODE NO. 001000.921002.111= AIJT" BEING QITY MANAGER TO ACCEPT THE GRANT AND TO E�TE THEA: DOCUMENTS, IN A FS>I'MI A6C&'l•ASt E TG .THE ON ATTORNEY, FOR SAID PURE ©ON A1NO A POWAM PRI MIBION, A SEVERA@uw CLAUSE AND PRIG FOR Alit EFFEC:- TIVE DATE. . Q�iDMhMICEN(k ' A1NOMIQF. ARTI E IIiY CSITSW IV DEALING SECTION Will W ITS EMMM AND MING IN LIEU WIERE- OF A NEWSECnM 3OTOCLAPWYr#E RATIEISFOR THE USE OF THE MMAa ANTES THEATER AND ESTABLISH NEW RAT110 TO MAWAI E TM USE OF THE FACILITY: FURTHE9tPAAl*7p. CHAPTER 8b, AIIITIC2.E 1. SECTION FORANATE. AN OlFl 1m �QN Af CML PENALTIEW CHAPIWR I, ENTITLED 'BINIDMiCiS - Mi tAi.' AN4IEALYitii AND CiiFJ1T- ING ANEW � alb. gMffRJP' 'OF. THE MIAMI CITY CODE, BY EWI . PINES FOR VIOLATION or- NOISE F NOISE AND NOM RELATED ACTIVITIES; ADE31Nlf3,-NEW SECTIONS I" AND , la7. ENTITLED "BtMLDMltii CON- STRUCTION. AND LAID FILLING; PERMIT 'RE- QUARED AND. WHEN PRoH oTer AND 'BUILDING, CON- STRUCTION, CERTIFICATE OF COMPLIANCE: WHEN RE- QUIRW TO PROVIDE FOR AND CLARIFY DAYS AND TIMES CONSTRUCTION. DREDGING AND LAND FILLING ACTIVITY IS PERMITTED. PEAMMT REOUIRED AND ENFORCEMENT AUTHORITY Z46 CREATING A NEW CxiWM 36 TO PRO- VIDE FOR AND CLARIFY NOISE PROHISITIONS AND L lMITA- TIONS; PROVIDING FOR INQLUSK)W IN THE CITY CODE, SEVERABILITY. AND AN EFFECTIVE DATE. SaE*1 OF OF 1'IIE •txTlf OF MIAMI, FLOIMD/L AS AMENL1"EEI[AtaNUMSAi1D O01NElIiION CENI- s Tim, Mi CIMFT BiSKa1A1f0E ON PAtH'#OHMS- � SKIN TO E;,�TOF A BtNHEPiMiDdllfTHENANMIEI.ARTMEA !PROAMIITY CLAUSE, AND PROVIDING Said propaesd 0 moose may be kopectsd by the public at the 011lcs of do City; Clark. 3500 Pan MWIM De". WW* Fk*J da, Monday L #NOUM Friday, W=k dM h~, batwaen the hours d8a.m. and 5 p m. AN NMOroeMd p oa m ' may appear at the ..m* _.and may be heard With moped b thi' popoead m pl utoas., N W any pwww dwIm to appealanydeaAMa►dMieCI0L ,oe0*9k WllhrasPeatt00MiNOWto bergaaiidneti at >his rasaMrp. M+at peAor► *4 wow* 9* a wibetim mood of the procaadMat Is iak d%ab bolmo W and evidence t*m wldChamappsd ataybs beast j PRISCIU A A. THOMPSON CRYCLIW Said propaesd 0 moose may be kopectsd by the public at the 011lcs of do City; Clark. 3500 Pan MWIM De". WW* Fk*J da, Monday L #NOUM Friday, W=k dM h~, batwaen the hours d8a.m. and 5 p m. AN NMOroeMd p oa m ' may appear at the ..m* _.and may be heard With moped b thi' popoead m pl utoas., N W any pwww dwIm to appealanydeaAMa►dMieCI0L ,oe0*9k WllhrasPeatt00MiNOWto bergaaiidneti at >his rasaMrp. M+at peAor► *4 wow* 9* a wibetim mood of the procaadMat Is iak d%ab bolmo W and evidence t*m wldChamappsd ataybs beast j PRISCIU A A. THOMPSON CRYCLIW