Planning Commission

FAIRMONT PLANNING COMMISSION The regular meeting of the Fairmont Planning Commission was held on September 21, 2016 at 7:00 p.m. at the Public Safety Building located at 500 Quincy Street. President Oliver called the meeting to order at 7:00 p.m. and asked for a roll call of members. ROLL CALL OF MEMBERS MEMBERS PRESENT MEMBERS ABSENT President Oliver Commissioner Miller Commissioner Parker Commissioner Weber Commissioner Majic Commissioner Richardson Commissioner Straight Commissioner Blickenstaff Commissioner Greene CITY STAFF City Manager – Robin Gomez City Planner – Sandra Scaffidi Planning Secretary – Maria Cipolla PLEDGE OF ALLEGIANCE Commissioner Parker motioned to excuse Commissioner Miller from the meeting due to his ongoing efforts as an employee for the City [he is paving]. President Oliver: I would like to apologize to Commissioner Richardson on the record. Two years ago, I implemented the Pledge of Allegiance onto the agenda. Commissioner Richardson, being a veteran, should have done the very first one. In two years, he hasn’t done any. You are probably going to do it until the end of the year now (laughter). Commissioner Richardson: I can live with that. I fought for it. I can live with it. Approval of Minutes from August 17, 2016 President Oliver asked for a motion to approve the minutes. Commissioner Straight motioned to approve minutes. Commissioner Parker seconded. Motion carried 8-0 President Oliver: I would like to make a change in tonight’s agenda. I am going to ask for a motion so that we amend the agenda. I think we should hear the third item first. Then move the first item to the second item, and the second item to the third spot, since most of the people here tonight came for the third item. This way we can get through the big one first; since it is going to very short now [it has been withdrawn]. President Oliver: Commissioners, do I have a motion? Commissioner Greene: I motion to amend the agenda. Commissioner Weber: I second that motion. Motion carried 8-0 1 PUBLIC HEARING FOR September 21, 2016 3. The application dated July 7, 2016 filed by Tim Fitzwater on behalf of Morgen Grant Properties LLC requesting rezone of those certain parcels of real estate situate in the City of Fairmont, Fairmont District, Marion County, West Virginia, addressed as 1004 Bell Run Road, Fairmont, West Virginia, and described as 1.01 Acres, more or less, and Parcel A, on a plat prepared by George E. Pigott & Associates, in that certain deed dated May 9, 2016, from Leslie Davis, et al., to Morgen Grant Properties, LLC, of record in the Marion County Clerk’s Office in Deed Book 1193, at page 473, and being Parcels 39 and 1 of Marion County Tax Map 03‐19, from General Residential (GR) to Neighborhood Residential (NR) to accommodate the proposed development, as a conditional use, of a townhouse complex comprised of four (4) townhouse buildings, containing a total of twenty‐eight (28) two‐bedroom units, accessory building(s), swimming pool and associated parking area. President Oliver: Before we hear anything for or against this request, I do have a letter here that Sandra Scaffidi is going to read out loud. This should explain a few things to you. Sandra Scaffidi, City Planner: We received a letter from Mr. Tim Fitzwater today, Wednesday, September 21st, at 6:30 a.m. It reads: “Mr. Oliver and members of the Zoning Board; at this time I am withdrawing my application for the rezoning of 1004 Bell Run Road. After much consideration for the revitalization of this property and its impact on the surrounding area, I will develop within the confines of the existing zoning. Thank you for your time and consideration. Respectfully Submitted, Tim Fitzwater.” President Oliver: Which right now is General Residential. That means they can only do single family homes. Sandra, could you read the description of what is allowed in General residential, please. Sandra Scaffidi: General Residential zoning is single-family residents, a group residential facility or group residential home. Those are uses permitted by right. A Conditional Use, through the Board of Zoning, allows for a church, cemetery, recreational center, or school. The Board of Zoning Appeals is a public process that all of you would be notified. ‘Uses Permitted with Conditions’ in this zoning area are essential services, minor home occupations, garage sales, and portable storage containers. These zoning classifications are online at our website at fairmontwv.gov under the Planning department, Planning & Zoning Code. President Oliver: Does anyone have any questions? [Addressing the residents] Rob Henline: I live at 1078 West View Drive. What is meant by a group home? Sandra Scaffidi: I will read you the definition. A group residential facility is a facility owned and leased or operated by a behavioral health service provider which 1).provides residential services and supervision for individuals who are developmentally disabled or behaviorally disabled, 2). is occupied as a residence by not more than eight individuals who are developmentally disabled and not more than three supervisors or is occupied as a residence by not more than twelve individuals who are behaviorally disabled and not more than three supervisors, 3). Is licensed by the Department of Health and Human Resources, and, 4). Complies with the State Fire Commission for residential facilities. A group residential home is a building owned or leased by developmentally or behavioral persons for purposes of establishing a personal residence. A behavioral health service provider may not lease a building to such persons if the provider is providing services to the person without a license as provided for in this article. I will say that the group residential facility and group residential home are a use provided by right in all of the zoning areas. This is a State statue. Wilbur Smith: I reside at 1058 West View Drive. I understand you to say that Mr. Fitzwater, at this time, there is nothing to preclude him from changing his mind and coming back to this rezoning in December. Is that correct? Sandra Scaffidi: That is correct. He did tell me on the telephone today, that he has no desire to move forward with his plans. Wilbur Smith: I just feel that the people here have a right to hear what I have to say regarding that. He can bring it back up. I think everybody should be aware of that. 2 Robin Gomez: If he chooses to sell the property to anyone else, anyone else can bring any similar or any request to the City and in front of the Planning Commission at any point in time. We cannot prevent or deny anybody from exercising their right to do that. Wilbur Smith: Yes sir, I understand that. We will be back if they do (the residents laughed and applauded). President Oliver: I think, in all honesty, Mr. Fitzwater understands that. I think in the beginning he had correct intentions, but it is just in the wrong area. I think he thought that was zoned a little differently, possibly. I am not speaking for him. But after getting with Robin [Gomez], Sandra [Scaffidi], and myself, and going over a bunch of different items, we just didn’t feel very positive about it and I think Tim [Fitzwater] understands that now. He understands what he was trying to do is in the wrong area. My personal opinion is I don’t see him bringing it back as what he actually has on paper. The possibility of a single-family home or something like that, which in General Residential, is allowed. Floyd Stiles: I live at 1258 Bell Run Road. Would you say the original confines are limited to that one-story rancher or can it go up? Sandra Scaffidi: No. He can build up to a two-story house. Commissioner Greene: It doesn’t have to be on the footprint of the existing home. He is going to act within the confines of the existing lot, not necessarily within the constraints of the foundation of the existing home. He can tear that property up and put up a whole new house. Floyd Stiles: How many homes can he put on his property? Sandra Scaffidi: I haven’t done the math, but you cannot have a lot smaller than 6,000 square feet in the City limits. Floyd Stiles: So, he can divide that up into four lots, really? President Oliver: He could properly subdivide it into four quarter-acre lots and sell them with individual houses on them. There is nothing me, you, or anybody else can do. Floyd Stiles: I just wanted everyone else to know, he is not limited to the confines of the existing foundations. He can go up or out. President Oliver: He has his setback rules that he has to abide by and stays within in the law, but he can do single family homes. Robin Gomez: We need to clarify. A group residential facility could be a multi-unit complex. It could look just like an apartment. It could look like a townhome. It could look a variety of different ways. We would provide some guidelines as to the design but that could happen. I am not saying it will but it is allowed currently under the code. Sandra Scaffidi: The group residential facility is for no more than eight individuals who are mentally disabled and no more than three supervisors. I do want to say that if, and this is a big if, Mr. Fitzwater or any future owner of the property wanted to make changes to the property, like a major subdivision, he would have to come back before this Commission. It would still be a public process. There would be a sign in the neighborhood. Robin Gomez: Just so it is clear, the City alone cannot make those decisions; neither the City Council nor I, the City Manager, there is a public process. The applicant would need to come forward. If they are wanting to change something like the existing zoning, it would come before the Planning Commission. If they were changing the use or needed a variance, the applicant would go before the Board of Zoning Appeals. The decisions made by the Planning Commission are than affirmed or denied by City Council after the Planning Commission. All of this is a process done publicly. Sandra Scaffidi: I also encourage you to go online to our website and read our Planning and Zoning Code book. These are the rules and regulations that we follow. 3 Susan Schrader: I live at 1121 Bell Run Road. Directly across the street from the house. My question to you is, how will we be notified? We weren’t notified about any of this until the certified letters came out. By that time, he had a whole plan ready to go and we didn’t know anything about it. If he sells the property, how will we know the new owner won’t want to do the same thing? How will we be notified in a timely manner? I don’t consider telling me after he already has the plans ready that ‘by the way they want this rezoned.’ I want to be notified when he is putting his application in. Sandra Scaffidi: Unfortunately, a private individual can have plans drawn up at his own expense. We are obligated to inform the public. We follow the State statue. It is 30 days, prior to the hearing, advertising for a rezone. Susan Shadder: Recently, I was told that he cannot reapply to do this for a year; now it is in December. I was also told, when this first came out, that there was going to be a sign in the yard. The sign was so far up from the road, by the house, that nobody could see it. All those things made us a little worried. Sandra Scaffidi: If Mr. Fitzwater’s application moves forward tonight, and if the Commission decides to deny his application, then it would take one year before he could move forward [apply again for a rezoning of the property]. President Oliver: If it actually wasn’t withdrawn. We heard for this, then against this. Then we would make a ruling on it, if it was deny in that time frame. Then it is a year and a day. With withdrawing his request for changing the rezoning, then he can reapply in two months because of postings and notifications. It would probably be December. Commissioner Straight: If you do the posting, just on this case alone, and do it with prejudice, that means he can’t come back within that years’ time frame and try to pull the same thing he did before. He can come back on a different request, at a different time, but I don’t think with the showing here [that’ll happen]. That is just me speaking. Sandra Scaffidi: Just to address the signage issue, I know that the sign was originally placed in the front center of the yard. We have documentation of that. It may have been moved; maybe by the person who mows the lawn. I don’t know. We do place a sign on the property. Certified mail does go out to the property owners that adjoin the subject parcel. Susan Schrader: After he makes an application, how long till those letters go out? Sandra Scaffidi: It is 30 days before the Planning Commission meeting. President Oliver: So if the meeting was December 17th, you should receive your letter by November 17th. Susan Schrader: So December’s meeting is on the 17th. Sandra Scaffidi: I think so. I don’t have the calendar in front of me. Maria Cipolla: If he wanted to do this again, we would set it for public hearing in October but because there is not 30 days between October and November’s meeting, we would not have a public hearing again until December 21st. There has to be 30 days notification when it is a rezoning request. President Oliver: We meet the third Wednesday of every month, so it would be December 21st. Sandra Scaffidi: Our agendas are all placed online and at City Hall. If you do have any questions at all, please feel free to call our Planning Department Office, because we are here to serve. Thank you. Robin Gomez: To respond to the question, ‘how does the public become aware’, it is really at the discretion of the application. It is up to the applicant how they want to make their plan known to the public. We have a request from a developer, whether they are a large corporation or one individual, who tells us ‘I do not want this to be public until the legal public requirement; which are items in front of the Planning Commission, per West Virginia Code, is 30 days. We will ask them, going forward, at what time can we begin to make this public. We would notify the Planning Commission, the Board of Zoning Appeals, and the City Council. We will make it public, but we do have to give the applicants the 4 opportunity. A lot of them do request confidentially for a variety of reasons. We ask for patience. We are required to follow West Virginia Code; which we do. We make every effort to. Sometimes, I wish I could tell everybody, ‘this is what is coming forward,’ but we can’t. It certainly would help dispose of all the rumors. Yes, there is a Sheetz coming but we couldn’t tell the public of what was happening at the time that they came and made the application. Sharon Iaquinta: We had 174 signatures. If this comes up in a couple of months, can we use the same petition? President Oliver: You can use the same petition. One of the things I’ll say about Fairmont is, we do want to be aggressive. We do want to try and give businesses and houses an opportunity to build here. But, we also do look at the neighborhoods and the people. We listen to you. If there are five people here to speak for a request, but there is 175 names also on a docket, we are going to do what is right for the citizens and the people that live in Marion County. I really applaud all of you for coming out tonight. It shows a lot of support as a group of people and for that neighborhood. We do look at things like that. We don’t always just vote yes. That was one of the big things on this. We went round and round for a few months on this on what to do and how to do it correctly. We don’t want to stop progress. We would like to see Mr. Fitzwater do something. But at the same time, it has to be right. We are not going to jeopardize the health or safety of the citizens in the City of Fairmont. With that said, if there are no other questions, I am going to get back to our end of this, where we make a motion. Paul Edwards: I live at 15 Troy Lane. I think this is a wonderful demonstration of civil democracy. If the home-owners of Fairmont can stand up to a multi-million dollar, out-of-state company, but I hope they can. (Everyone applauded) President Oliver: With this motion being withdrawn, I am going to go to the Commissioners now to see if there is a motion. Commission Weber: I would like to make a motion to withdraw, from the agenda, with prejudice, the application from Tim Fitzwater to rezone the parcel of real estate on Bell Run Road. Commissioner Richardson: I second the motion. Commissioner Parker: I believe that the Commission would be required to abide by the Robert’s Rules of Order in the event that there and no code provisions. In that event, I think the way Robert’s reads is, if a ‘withdraw a motion’ is granted, it is as if the motion was never made. In that case, I would submit the ‘withdraw’ would have to be without prejudice. If you withdraw with prejudice, I don’t know if it could ever be made again. So, I’m concerned about making it with prejudice. I think Robert’s Rules would apply to these proceedings, as I understand it. Is that correct? President Oliver: I am going to ask City Manager, Robin Gomez, on this one. Is that correct? Robin Gomez: He is correct. Commission Weber: I can amend that to be without prejudice. Would that be fine, councilor? Commissioner Parker: Yes, you can do that. Commissioner Weber: I would like to make a motion to withdraw from the agenda, without prejudice, the application dated July 7, 2016, by Tim Fitzwater, on the rezoning of the parcel on Bell Run Road, Fairmont, WV. Commissioner Parker: I second the motion. Motion carries 8-0 President Oliver: This has been withdrawn. If you want to stay for the rest of the meeting, you are welcome too. If you want to leave. I understand. We will take a couple of minutes [to allow everyone to leave] (Residents applauded). 5 1. The application dated July 15, 2016 filed by Robert Cutright and Dr. Sevastiani Petridou requesting a recommendation abandoning a portion of the platted unopened right-of-way of Cabin Trail situate between Parcel No. 3 and Lot Nos. 41, 42, 43 and 44 as depicted on that certain map or plat titled “Map of Forest Hill Addition, City of Fairmont, Marion County, WV” dated April 1939, and further described as Parcels 143, 144 and 145 of Marion County Tax Map 03-24, and located at 1229 Greenbrier Road, Fairmont, West Virginia. President Oliver: Is there anybody here to speak for this request? Paul Kettering: I am here on behalf of my clients, Mr. Cutright and Dr. Petridou (Mr. Kettering handed out aerial photos of the parcel to all the Commissioners. They are the owners of the property located at 1229 Greenbrier Rd. It is located just off of Hillcrest, above the college. The property has been on the market for some time. The current owners were able to get it under contract a few months back. During the course of those proceedings, the title examiner discovered a few title issues which are pertinent here tonight. There is an encroachment on the platted, but unopened right-of-way. If you refer to the plat, located after exhibit B, you will see that is the map from the clerk’s office. The page after that is a satellite view with the tax map imposed on top. If you could direct your attention to the numbers in the circles, you’ll see the lot numbered 44. Just below that, there is a structure that encroaches onto what is platted as Cabin Trail. That has served as a driveway to that residence since it was built in the sixties. Right now that serves as a cloud on the title to the current owners. Their previous contract fell through as a result of this title issue. We would like to abandon the right of way between their lots, so that we may get this title issue cleared up so that they may sell their property. There really shouldn’t be an issue with any other property owners, since they only want to abandon the part of the right-of-way that runs between their parcels. They have already relocated to California. President Oliver verified with Mr. Kettering on the map what they are requesting to have abandoned. President Oliver than had Mr. Kettering point it out for the other Commissioners as well. The Commissioners had a brief discussion with Mr. Kettering about his clients’ request. President Oliver asked if there was anyone there to speak against this request. There were none. President Oliver: Do I have a motion for this request? Commissioner Parker: I motion to approve this request. Commissioner Weber seconded the motion. Motion carried 8-0 2. The application dated July 13, 2016 filed by the Marion County Board of Education requesting rezone of that certain parcel of real located at the corner of Chamberlain and 11th Street, in the City of Fairmont, Fairmont District, Marion County, West Virginia, and being Parcel 93 of Marion County Tax Mao 03-06, from Neighborhood Mixed Use (NMU) to Education (EDU) to accommodate the proposed development of said property for educational purposes. President Oliver: Is there anybody here to speak for this request? Andy Neptune, Administrative Assistant for Gary Price, superintendent of the Marion County Schools: The Marion County Board of Education is involved with a grant from the State of West Virginia. It involves an alternative learning center for our middle school children. We currently house an alternative learning center at Barnes for our high school aged students. We started to see that there was a need for students that really begins at 5th to 8th grade. We weren’t able to bring them into a calmer setting; a one-on-one type setting; with a smaller group setting. So we applied for a grant to get involved with this program. This is one of the first in the State that we are piloting. The State is watching us closely on this. We know that it is a need. It is a program with a revolving door. Students that come into this program aren’t like those in high school that may stay for a year or two. These students maybe on a 30 days rotations or a 45 day rotation. 6 Because of the age of the children, the purpose is to have it on a rotational basis. Once they are focused, we can them back into the regular classroom. With that said, we are involved in moving, what we call, pods or a mobile classroom due to lack of room. We placed it alongside of West Fairmont Middle School because of the location. Again, these students are a little more at-risk students, it allows to be closer to the school; allowed us to the use of the gym, as well as the hot lunch program. The pods do have restroom facilities. We are anxious to get this program going. The State’s eyes are on us. We are currently going to have three full-time instructors at the school. We would like your support to be able to move forward with this. Do you have any questions for me? Commissioner Weber: I would like to commend the Board of Education for doing this. I am a former educator. I think anything you can do to help the young people in middle school, especially to advance them and care for their needs, is important. Commissioner Straight: How many students will be in that pod at one time? Andy Neptune: It can range, but we don’t want that number to exceed more than a dozen. We really want to keep it less than that because of the classroom spacing. It will be much less than a normal classroom setting. Commissioner Houston: Will there be a safety officer close by? Andy Neptune: We currently have an agreement with the City of Fairmont to house a police officer at West Fairmont Middle school. We do pay a partial payment of that. This is about the second or third year that we have had an officer in both of the middle schools. President Oliver: Is there anybody here to speak against this request? Patty Gardi: I live at 1103 Chamberlain Avenue. I live across the street from West Fairmont Middle school. I am not opposed to the learning; the educational part. What I am opposed to is they brought a pod in and sat it down in a parking lot. Mr. Neptune is saying, they are going to bring these kids out for physical education, to play outside, and to go to hot lunch. They already bring at least 82 to 100 students out, on a daily basis, and put them in an area that is about the size of this room. The space is located by the middle school, the bus turn around, a little green space, and the street. Now, they want to bring some more students in over there. It is my understanding, from Gary Price, Mr. Gomez, and Sandra [Scaffidi], that this is a temporary trial basis. We have enough empty space, building, and rooms in this City, that they could have tried this program somewhere else. They didn’t have to bring a pod in and almost sit it down in my front yard. I was not even notified about this. I am not real happy about that. One of the advantages about living in this City is this committee and what you just witnessed here tonight. That is one of the big advantages to living in this City. We have police protection. We have fire protection. We have the protect that says you can do certain things. You can’t bring trailers in this City. Anything you bring in has to be put on a permanent foundation. This building is not even on a permanent foundation. It is on wheels. They have now taken a parking lot that was totally utilized by the maintenance staff of that school for parking. Now, those people park along the street, anywhere they can, in front of houses. Now the people who live there, don’t have a place to park because they have not provided parking for the people who work at the school. I am not opposed to what Mr. Neptune is saying about the trial program. I just think there could have been a better place that they could have setup for on a trial basis. I can hardly believe that pod is not fire proof. It is a pod and they are going to put students in it. If that was my kid going into that building, I wouldn’t be real happy. I have a garbage dumpster in my front door. They have brought in another dumpster and sat it by the pod. President Oliver: I need to give clarification on something here, Mrs. Gardi. Twice you have said, that you are not opposed of this. Patty Gardi: I am not opposed to the program. I am opposed to the pod they brought in to put the program in. President Oliver: But you are not oppose to the rezoning or what they are going to do there. Patty Gardi: The rezoning itself, I can understand because that probably should have been Board of Education property in the first place because the Board bought that property, cleared it off, and made it a parking lot. 7 President Oliver: What we are doing right now is, we are just voting on that parcel being changed from Neighborhood Mixed Use to an Educational zoning. Are you opposed to it the zoning being changed? Patty Gardi: I am not opposed to the rezoning. That should have actually taken place a long time ago. President Oliver: I just needed to get clarification on what you are actually opposed to and not. President Oliver: Is there anybody else here to speak against this request? Megan Edwards: I own the four townhouses directly across the street from the pod. It is my tenants that are directly affected by the missing parking spaces. I no longer have parking that my tenants require. I promised that they could have off-street parking. I am not opposed to the program. I am opposed to the fact that we are trying to sell the building, and the trailer is hideous. I don’t understand why they couldn’t move them down. They have a flat piece of land twenty to thirty feet down from there. Why couldn’t they have built the pod there so they didn’t affect the parking situation? That is my question. I don’t know how I am going to provide the parking for my tenants. We did not get notification before the pods were set up. We did not have any say in this. They took over 15 parking spaces away. President Oliver: Is there anybody here to speak against this request? There were none. Sandra Scaffidi: I just want to clarify for our Commissioners, the City of Fairmont cannot regulate the Board of Education. Because of West Virginia State Code, Section 8.12.14 [Sandra Scaffidi read the regulation to everyone]. Because of this, I would recommend you [Patty Gardi & Megan Edwards] continue your conversations with the Board of Education. This rezoning was a tax parcel already owned by the Board of Education. It is one lot of a larger parcel that is already zoned Educational. For some reason, when our zoning map was create, this small parcel was missed. This application aims to correct this oversite and basically make sure the zoning is consistent with the use of the property. I know that is not what you want to hear but that is my understanding. Patty Gardi: I understand what you are saying to me. I truly do. But they have almost an entire acre of ground on the other side of that school that they could have put it on. It just escapes me why you would be a pod in and set it down in a parking lot right outside everyone’s door. The City has rules in place to guard us against these types of things. That is my whole argument. The Board of Education can do whatever they want, no matter what the laws are. I was not notified ahead of time. President Oliver: If it is something educational, the State mandates the laws, not the City. There is nothing we can do. It is a state thing. The State regulates their laws. Robin Gomez: The City was not notified either. It just showed up, out there, one day. The only way things like this change, is by changing State code. It was done in poor taste. I agree with what you are saying as, the City Manager. I disagree with the school board. I think it is in poor taste. It’s tacky. It should not occur but that is beyond the scope of this Commission. This needs to be brought up in front of the Board of Education. We need to have them explain why they think a portable works in West Virginia. Why would they want to put a portable? President Oliver: I am sure if you talk to the Board of Education about the parking situation, then with us, you will have a better chance of resolving this parking issue. Robin Gomez: We could look at making it residential parking only, also. The next Board of Education meeting is Monday, September the 26th. You need to talk to them and their meeting. President Oliver: Do I have a motion on the request to rezone the Board of Education parcel? Commission Weber motioned to approve the request. Commissioner Richardson seconded the motion. Motion carried 8-0 PUBLIC HEARING TO SET FOR October 19, 2016 None 8 NEW BUSINESS None CITIZENS PETITION None OTHER BUSINESS 1. Commissioners Comments: Commissioners shared their thoughts and comments on tonight’s agenda. 2. Staff Updates: City Planner, Sandra Scaffidi: Our consultant is moving forward gathering background data. We are working on developing an online survey to gauge thoughts and desire for the future. We are also finalizing the dates and locations for our Comprehensive Plan meetings in the Councilmen and Councilwomen districts. We hope to be able to send this to you by the end of next week. These initial meetings will be fact-finding in nature. The meetings will be structured so that people can walk in and out depending on their schedule. We will be publishing the dates, times, and locations in many media outlets. I encourage the Commissioners to read the Comprehensive Plan and share with me any comments, questions, or suggestions you might have. Also, we do have two members of the Commission whose seats are coming up for renewal. I you are interested in reapplying, I ask that you please do so. They are President Oliver and Commissioner Richardson. The applications are online. Thank you for your volunteerism. ADJOURNMENT President Oliver asked for a motion to adjourn. Commissioner Straight made a motion to adjourn. Commissioner Greene seconded it. 9