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HomeMy WebLinkAboutZ-320 Cell TowersOrdinance No. -~ -~ ;~;~ h AN ORDINANCE TO REGULATE THE SITING OF WIRELESS TELECOMMUNICATIONS FACILITIES IN CONFORMITY WITH THE FEDERAL TELECOMMUNICATIONS ACT OF 1996 AND THE 2020 VISION COMPREHENSIVE PLAN. WHEREAS, the Cannel/Clay Zoning Ordinance Z-289, as amended (the "Zoning Ordinance"), does not currently allow towers to be built by wireless telecommunications service providers in any zoning district within the community; and WHEREAS, the federal Telecommunications Act of 1996 (the "Federal Act") prohibits local governments from taking steps that effectively prohibit wireless services, or from unreasonably discriminating among the various providers of wireless services; and WHEREAS, the Federal Act requires local officials to rule on zoning and other requests from wireless telecommunications providers within a reasonable period of time, and to provide written grounds for their rulings supported by substantial evidence in a written record; and WHEREAS, the Federal Act allows appeals from local rulings to be taken to any court of competent jurisdiction; and ~ WHEREAS, the Carreel/Clay Plan Commission, at the direction of the Common Council and through its telecommunications tower task force, has reviewed the requirements of the Federal Act and has recommended to the Common Council that the Zoning Ordinance as it applies to wireless telecommunications services should be amended so as to balance the interests of the towers.doc 6/9/97 1 service providers who must construct towers for their transmitters against the interests of the Carmel/Clay community in maintaining its land use policies as contained in the 2020 Vision Comprehensive Plan; and WHEREAS, the Plan Commission has further recommended to the Common Council that the local regulatory responsibility over such wireless telecommunications services should be granted to the Carmel/Clay Board of Zoning Appeals, with telecommunications towers to be regulated as "special uses" or "special exceptions" under the Zoning Ordinance and Indiana statutes; NOW, THEREFORE, be it ordained by the Common Council of the City of Carreel, Indiana, that, pursuant to IC 36-7-4-600 et seq., it adopts this ordinance as an amendment to the text of the Zoning Ordinance as follows: A. Section 3.7 of the Zoning Ordinance, entitled Definitions, is amended by adding three additional definitions to read as follows: ANTENNA. A structure or device that is used for the purpose of collecting or transmitting signals, images, sounds, or information of any nature by wire, radio, visual, or electromagnetic waves, including but not limited to directional or omni-directional antennas, panels, and microwave or satellite dishes. The term does not include an amateur radio station antenna. TOWER. A ground or roof-mounted pole, spire, structure, or combination thereof taller than fifteen (15) feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, a meteorological device, or towers.doc 6/9/97 2 other similar apparatus above grade. The term does not include a water tower that is owned by public utility or municipally owned utility. WIRELESS TELECOMMUNICATIONS SERVICE. Licensed commercial wireless telecommunications services, including but not limited to cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and other similar services that are marketed to the general public. B. Section 5.1 of the Zoning Ordinance, entitled Permitted Uses, is amended by adding the following to the list of permitted uses applicable in all residential districts: Antenna, if collocated on an existing or previously approved tower. C. Sections 5.2 and 11.2 of the Zoning Ordinance, both of which are entitled Permitted Special Uses, are both amended by adding the following to the list of permitted special uses applicable in all residential districts: Antenna, if visually integrated with or camouflaged on or within a structure other than a tower (such as a chimney stack, church spire, light standard, monument, power line support device, or water tower). D. Section 5.2.3, to be entitled Special Exceptions (See Section 2 1.0 for additional regulations), is added to the Zoning Ordinance to list the following as a special exception applicable in all residential districts: Wireless telecommunications service tower, monopole-type construction only. towers.doe 6/9/97 3 E. Sections 6.2.3, 7.2.3, 8.2.3, 9.2.3, 10.2.3, and 11.2.3, all of which are to be entitled Special Exceptions (See Section 2 1.0 for additional regulations), are added to the Zoning Ordinance to read as follows: Same as S-1 District regulations of Section 5.5. F. Section 16.1 of the Zoning Ordinance, entitled Permitted Uses, is amended by adding the following to the list of permitted uses applicable in all business districts: Wireless telecommunications service antenna, if visually integrated with or camouflaged on or within another structure (such as a chimney stack, church spire, light standard, monument, penthouse, power line support device, or water tower), or if collocated on an existing or previously approved tower. G. Section 20A. 1 of the Zoning Ordinance, emitled Permitted Uses, is amended by adding the following to the list of permitted uses applicable in the I-1 industrial district: Wireless telecommunications service antenna, if visually integrated with or camouflaged on or within another structure (such as a chimney stack, church spire, light standard, monument, penthouse, power line support device, or water tower), or if collocated on an existing or previously approved tower. H. Section 20C.1 of the Zoning Ordinance, emitled Permitted Uses, is amended by adding the following to the list of permitted uses applicable in all manufacturing districts: Wireless telecommunications service antenna, if visually integrated with or camouflaged on or within another structure (such as a chimney stack, church spire, towers.doc 6/9/97 4 light standard, monument, penthouse, power line support device, or water tower), or if collocated on an existing or previously approved tower. I. Sections 13.2, 15.2, and 17.2 of the Zoning Ordinance, all of which are entitled Permitted Special Uses, are amended by adding the following to the list of permitted special uses applicable in all business districts: Radio or television transmission antenna, if mounted on another structure Tower. J. Section 18.2 of the Zoning Ordinance, entitled Permitted Special Uses, is amended to read as follows: Radio or television transmission antenna, if mounted on another structure Tower. K. Section 20A.2 of the Zoning Ordinance, entitled Permitted Special Uses, is amended by adding the following to the list of permitted special uses applicable in the I-1 industrial district: Radio or television transmission antenna, if mounted on another structure Tower. L. Section 20B.2 of the Zoning Ordinance, entitled Permitted Special Uses, is amended by adding the following to the list of permitted special uses applicable in the M-1 manufacturing district: towers.doe 6/9/97 5 Radio or television transmission antenna, if mounted on another structure Tower. M. Section 20C.2 of the Zoning Ordinance, entitled Permitted Special Uses, is amended by adding the following to the list of permitted special uses applicable in the M-2 manufacturing district: Radio or television transmission antenna, if mounted on another structure Tower [delete listing of towers exceeding 50 feet in height]. N. Section 20D.2 of the Zoning Ordinance, entitled Permitted Special Uses, is amended by adding the following to the list of permitted special uses applicable in the M-2 manufacturing district: Radio or television transmission antenna, if mounted on another structure Tower [delete listing of towers exceeding 50 feet in height]. O. Chapter 21 of the Zoning Ordinance, entitled SPECIAL USE REGULATIONS, is amended to read as follows: 2 1.0 SPECIAL USES AND SPECIAL EXCEPTIONS USE REGULATIONS 21.1 General Information Special use or special exception approval by the Board shall be necessary prior to the establishment of a special use or special exception, so cited by the district regulations herein, or the issuance of an Improvement Location Permit for said special use. Special uses shall towers.doe 6/9/97 6 generally be considered favorably by the Board, except in cases where the Board finds the proposed special use obviously inappropriate as a result of special and unique conditions determined as a result of the review procedure established herein. 21.2 Special Use Procedure 21.2.1 Procedure generally. Whenever an application for a special use of a premises or special exception within the jurisdiction of this ordinance is made, it shall follow the procedure set forth herein and shall conform to the regulations and requirements of this ordinance. 21.2.2 Consultation with the Director and Application. Applicants shall meet with the Director to review the zoning classification of their site, review copies of the regulatory ordinances and materials, review the special use or special exception procedures and examine the proposed use and development of the property. The Director shall aid and advise the applicant in preparing his application and supporting documents as necessary. The applicant shall then submit two (2) copies of the written application form and all necessary supporting documents and materials. 21.2.3 Initial Review of the Application and Supporting Documents and Materials by the Director; Submission to the Board. Following the receipt of the written application and necessary supporting documents and materials by the Director, he shall then review the materials solely for the purpose of determining whether the application is complete~ and in technical compliance with all applicable ordinances, laws and regulations, and is therefore entitled to be forwarded to the Board. If the materials submitted by the towers.dec 6/9/97 7 applicant are not complete or do not comply with the necessary legal requirements, the Director shall inform the applicant of the deficiencies in said materials. Unless and until the Director formally accepts the special use or special exception application as complete and in legal compliance, it shall not be considered as formally filed for the purpose of proceeding to succeeding steps toward special use or special exception approval as hereinafter set forth. Within thirty (30) days of the formal acceptance of the application by the Director, he shall formally file the application by placing it upon the agenda of the Board, according to the Board' s Rules of Procedure. 21.2.4 Public Hearing by the Board. Once the Director has accepted and filed the application with the Board, the Board or its delegate shall assign a docket number and set a date and time for a public hearing as required by the Rules of Procedure of the Board. The applicant shall be responsible for the cost and publication of the required published legal notification of the public hearing. The applicant shall also notify all interested parties and property owners as required by the Rules of Procedure of the Board. The minimum time period for the giving of the notice shall be at least thirty (30) days prior to the initial hearing date. The conduct of the public hearing shall be in accordance with the Board' s Rules of Procedure. 21.2.5 Approval or Denial of the Special Use or Special Exception Application by the Board. Upon approval of the special use or special exception, the Board shall inform the Director that he may issue Improvement Location Permits for the special use or special exception and inform the applicant of the time limits set forth in Section 21.2.7. The Board shall inform the applicant that he may apply to the Director for Improvement towers.doe 6/9/97 8 Location Permits for the special use or special exception, if necessary, or may commence the special use or special exception if no permits are required. After denial of a special use or special exception application, a variance, special use, special exception, or zoning amendment concerning the same property shall not be filed for a period of six (6) months. Failure of the Director to inform the applicant of the time limits set forth in Section 2 1.2.7 shall not relieve the applicant of complying with said Section. If the petition is denied by the Board, the Board shall provide the applicant with a copy of said reasons, if requested. 21.2.6 Authorization. In no event shall a special use or special exception be established or an Improvement Location Permit be issued for improvements for a special use or special exception prior to the approval of the special use or special exception by the Board unless otherwise excepted herein. 21.2.7 Time Limit. Any person to whom a special use or special exception is granted by the Board, under the procedures set forth in this chapter, shall have commenced continuous construction of said special use or special exception or implemented said special use or special exception within one year of the date of the granting of the approval or said approval shall become null and void. Upon application to the Director before the expiration of said approval, and upon good cause shown, said approval may be extended for six (6) months. 2 1.3 Basis of Board Review towers.doc 06/09/97 9 The Board, in reviewing the special use or special exception application, shall give consideration to the particular needs and circumstances of each special use application and shall examine the following items as they relate to the proposed special use or special exception: 1 ) Topography; 2) Zoning on site; 3) Surrounding zoning and land use; 4) Streets, curbs and gutters and sidewalks; 5) Access to public streets 6) Driveway and curb cut locations in relation to other sites; 7) General vehicular and pedestrian traffic; 8) Parking location and arrangement; 9) Number of parking spaces needed for the particular special use; 10) Internal site circulation; 11 ) Building height, bulk and setback; 12) Front, side and rear yards; 13) Site coverage by buildings(s), parking areas(s) and other structures; 14) Trash and material storage; 15) Alleys, service areas and loading bays; 16) Special and general easements for public or private use; 17) Landscaping and tree masses; 18) Necessary screening and buffering; 19) Necessary fencing; towers.dec 6/9/97 10 20) Necessary exterior lighting; 21 )On-site and off-site, surface and subsurface storm and water drainage; 22) On-site and off-site utilities; 23) Dedication of streets and rights-of-way; 24) Proposed signage (subject to regulations established by the sign ordinance); and 25) Protective restrictions and/or covenants. 21.4 Basis of Board Approval or Rejection 2 1.4.1. Special Use Decisions. The Board, in approving or rejecting a special use application, shall base its decision upon the following factors as they relate to the above listed items (Section 21.3) concerning the proposed special use: ( 1 ) The particular physical suitability of the premises in question for the proposed special use. (2) The economic factors related to the proposed special use, such as cost/benefit to the community and its anticipated effect on surrounding property values. (3) The social/neighborhood factors related to the proposed special use, such as compatibility with existing uses and those permitted under current zoning in the vicinity of the premises under consideration and how the proposed special use will affect neighborhood integrity. (4) The adequacy and availability of water, sewage and storm drainage facilities and police and fire protection. (5) The effects of the proposed special use on vehicular and pedestrian traffic in and around the premises upon which the special use is proposed. towers.doc 6/9/97 11 21.4.2 Special Exception Decisions. A special exception application may be approved by the Board only upon a determination in writing that: ( 1 ) The approval will not be injurious to the public health, safety, morals, and general welfare of the community, in relation to the above listed items (Section 21.3) concerning the proposed special exception; (2) The use and value of the area adjacent to the premises under consideration will not be affected in a substantially adverse manner; (3) The need for the special exception arises from the applicant's responsibility to provide public utility service, and not from any condition peculiar to the premises under consideration; (4) It will constitute an unnecessary hardship for the applicant if the special exception is denied, in that there are no existing or approved towers or other structures in the vicinity of the premises under consideration which would be suitable for the collocation of the equipment that the applicant needs to locate in such vicinity, having regard to the following factors: (a) Whether the needed equipment would exceed the structural capacity of such existing or approved towers or structures, as documented by a qualified professional engineer, and whether such towers or structures could be reinforced, modified, or replaced to accommodate the needed or equivalent equipment at a reasonable cost; towers.doc 6/9/97 12 (b) Whether the needed equipment would cause interference materially impacting the usability of existing or planned equipment at such existing or approved towers or structures, as documented by a qualified professional engineer, and whether such interference could be prevented at a reasonable cost; and (c) Whether the needed equipment could be accommodated on such existing or approved towers or structures at a height necessary to function reasonably, as documented by a qualified professional engineer; and (5) The approval of the special exception does not interfere substantially with the Comprehensive Plan, in that there are no alternative sites suitable (having regard to the factors listed above in subparagraph (4)) for the equipment that the applicant needs to locate in the vicinity which are located either in Business, Industrial, or Manufacturing Districts, or on property outside of the jurisdiction or otherwise exempt from the requirements and procedures of this Zoning Ordinance. 2 1.5 Expansion of Approved Special Uses or Special Exceptions An approved special use or special exception may be expanded up to ten (10) percent of the approved gross floor area without obtaining further special use or special exception approval if the approved use or exception is continued in the expansion, if the particular building height, towers.doc 6/9/97 13 bulk, setback, yard, parking, etc. requirements are adhered to and if the proper permits for the expansion, such as an Improvement Location Permit, are obtained. 21.6 Special Uses or Special Exception in Flood Plain Districts The Board may not exercise special use or special exception approval in any of the Flood Plain Districts (FP, FW or FF) until the Board has received written approval from the Indiana Natural Resources Commission for the proposed special use or special exception, including any reports supplementary thereto. 21.7 Provisions for Financial Performance and Maintenance Guarantees for Special Uses [No changes in this Section from the existing text of the Zoning Ordinance.] P. Section 25.12 of the Zoning Ordinance, entitled Satellite Receiving Antennas, is amended by inserting the parenthetical phrase "(Maximum Height 15 Feet)" after the heading thereof. Q. section 25.12.1 of the Zoning Ordinance is amended by striking the maximum height of "thirteen (13) feet" contained in subparagraph (5) thereof and by substituting therefor a maximum height of"fifteen (15) feet". R. Section 25.13 of the Zoning Ordinance is amended to read as follows: 25.13.0 Towers Mobilo or oollular toxvors aro not alloxvod as a pormittod uso, spocial uso, or acc~>ssory uso in all rosidontially zonod districts. 25.13.1 Development Standards: towers.doe 6/9/97 14 (1) Zoning. Towers shall be permitted as special uses only in the Business, Industrial, and Manufacturing Districts, and as such are subject to the approval of the Board of Zoning Appeals under Chapter 21 of the Zoning Ordinance. Towers shall be permitted in the Residential Districts only as special exceptions, and as such are subject to the approval of the Board of Zoning Appeals under Chapter 21 of the Zoning Ordinance. If a tower is located in an overlay zone, it may also be subject to ADLS approval in accordance with the development standards established for that overlay zone. (2) Lighting. A tower may not be illuminated by artificial means or display strobe lights unless such lighting is specifically required by federal or state law for that tower. However, when incorporated into the approved design of a tower, light f'txtures that are used to illuminate athletic fields, parking lots, stadiums, or other such facilities may be attached to the tower. (3) Landscaping. A fifteen (15)-foot landscaped and maintained area, composed of trees not less than two and one-half (2 %) inches (caliper) in size (measured at forty (40) inches and spaced fifty (50) feet on center), and including a solid visual buffer or screen of at least five (5) feet in height, shall be provided on all sides of a tower, unless otherwise determined by the Commission (pursuant to ADLS review) or unless otherwise required by the Board for a special use or special exception. towers.doc 6/9/97 15 (4) Signage. No sign (other than a warning or equipment information sign needed for health and safety purposes) may be affLxed to a tower. (5) Interference. Any telecommunications services provided or transmitted via a tower must comply with all federal and state laws regulating interference levels and emissions. (6) Collocation. In the case of an application for a special use or special exception seeking approval for the erection of a new tower, the Board shall, before approving such special use or special exception, require the applicant to make a written commitment that: (a) if technologically feasible, the tower will be designed and erected in such manner that it can reasonably accommodate the equipment of up to four (4) wireless telecommunications service providers (however, if a public safety agency wants to locate its equipment on the tower, the agency may be counted as one of those service providers); (b) the owner of the tower will offer to any wireless telecommunications service provider that seeks to collocate its equipment on the tower commercially reasonable lease or license terms, so as to accomplish the purpose of minimizing the number of such towers that must be erected in the Carmel/Clay community, and agree to submit any disputes towers.doe 6/9/97 16 regarding the commercial reasonableness of such terms to binding arbitration; and (c) the owner of the tower will notify the Director within thirty (30) days after any oral or written communication from a wireless telecommunications service provider inquiring about collocation on the tower, providing the Director with the name and address of the provider making the inquiry. (7) Enforcement. A commitment made under subparagraph (6) above shall be recorded pursuant to state statute and may be enforced by the Board, by the Director, or by any wireless telecommunications service provider that desires to collocate its equipment on the tower subject to the commitment. If, after thirty (30) days notice from the Board, a person subject to a binding commitment refuses to honor or abide by such commitment, the special use or special exception approval shall be revoked by the Board. 25.13.2 Submittal Requirements: (1) Plot plan. An application for a permit to erect a tower must include a plot plan showing the proposed location of the tower. (2) Site plan. An application for a permit to erect a tower must include a site plan that shows not only the locations of all structures on the subject parcel but also the locations of all structures on adjacent parcels. towers.doc 6/9/97 17 (3) Code compliance. An application for a permit to erect a tower must include a report from a qualified professional engineer that (a) describes the tower height and design including a cross section and elevation, (b) documents the height above grade for all potential mounting positions for collocation of equipment and the minimum recommended separation distances between wireless telecommunications service antennas, (c) describes the tower's capacity, including the number and types of antennas that it can accommodate, (d) documents that the applicant will operate the tower and any attached antennas in compliance with applicable federal and state law, (e) documents that the applicant has, before filing the application, investigated the possibility of collocation with the owners of all other towers in the vicinity, and (f) includes any other information that may be reasonably requested by the Director as necessary to evaluate the application. (4) Inspection. Before a tower is placed in service, the owner must submit to the Director a report from a qualified professional engineer that demonstrates that the tower complies with all structural and electrical standards. 25.13.3 Abandonment of Tower. If a tower is abandoned or remains unused for a period of six (6) months, the owner shall remove the tower and all associated facilities from the site. Such removal shall be completed within twelve (12) months of the cessation of operations at the site. In the event that a tower is not removed towers.doe 6/9/97 18 within the required twelve (12)-month period, the Director may remove the tower and the associated facilities, and the costs of such removal shall be assessed against the owner of the parcel. 25.13.4 Nonconforming Use. Any tower or radio or television transmission antenna in existence or operation as of the effective date of this amendatory ordinance may continue to exist and operate as a nonconforming use. Such a tower or antenna may be repaired, reconstructed, replaced or maintained without a use variance or special use or special exception approval so long as the use is not substantially altered and the height of the antenna or tower is not increased. This paragraph authorizes the owner of a tower or antenna to construct a new tower or antenna on the same premises at a height not to exceed the existing tower or antenna if the use of the premises is not substantially altered and the existing tower or antenna is removed immediately upon completion of the new tower or antenna. 25.13.5 Transitional Provisions. This paragraph applies to any application for a variance to erect a tower which is pending before the Board on the effective date of this amendatory ordinance. The applicant may request that the board treat such a variance application as if it were a special use or special exception application filed pursuant to the above provisions of this Section 25.13. If the Board grants such a request, the application shall then be approved or rejected by the Board in accordance with Section 21.4.1 (special uses) or Section 21.4.2 (special exceptions), as added by this amendatory ordinance. This paragraph expires December 31, 1997. towers.doc 6/9/97 19 S. Section 26.1.4 of the Zoning Ordinance, under Additional Height Requirements, is amended to read as follows: 26.1.4 Upon approval by the appropriate authority, chimney stacks, church spires, monuments, flagpoles, water towers, stage towers or scenery lofis~ transmission/receiving toxvors may be erected to minimum height appropriate unless prohibited by other laws. In the Business, Industrial and Manufacturing Districts, special use approval of a tower (or antenna mounted on another structure) may include an increase in height to not more than one hundred fifty (150) feet. In the Residential Districts, special exception approval of a tower (or special use approval of an antenna mounted on another structure) may include an increase in height to not more than one hundred twenty (120) feet. T. Section 26.2.13 of the Zoning Ordinance, under Additional Yard Requirements, is amended to read as follows: 26.2.13 On comer lots the minimum buildable width of twenty-eight (28) feet for main buildings is reduced to twenty-two (22) feet for accessory buildings. In addition, no tower may be erected between a principal building and a street, except in the required side yard in Manufacturing or Industrial Districts. U. Section 26.2.17 of the Zoning Ordinance, under Additional Yard Requirements, is amended to read as follows: 26.2.17 Accessory uses are permitted in the required front yard in the Business, Industrial and Manufacturing Districts. However, a tower must meet all setback towers.doe 6/9/97 20 requirements of the district in which it is erected, except that in the Industrial and Manufacturing Districts a tower may encroach into the required rear yard so long as the rear property line does not abut a Residential District. In addition, if a tower is permitted as a special exception in a Residential District, the tower must be built: (1) not less than one hundred (100 feet), plus one additional foot for every foot of the tower's height, from the property line of any parcel used for residential purposes, and (2) not less than one-half (1/2) mile from any other existing or approved tower on which collocation is possible. PASSED by the Common Council of the City of Carmel, Indiana this 7//i day of N.~undle ' Ronald E. Carter ,1997, by a vote of 5 ayes nays.. ',~~7~~~mmon Council Bitt~elhl ATTEST: Diana L. Cordray, Clerk-Tre:~)er towers.doc 6/9/97 21 Presented by me to the Mayor of the City of Carreel, Indiana, this ///~" day of Diana L. Cordray, Clerk-Tr Approved by me, Mayor ofthe City of Carmel, Indiana, this /1 ~/~ day of ,~~.~ ,19~ ~. J~e~ Brainard, Mayor ATTEST: Diana L. Cordray, Cierk-Treas~~t~ towers.doc 6/9/97 22 CERTIFICATION OF PLAN COMMISSION'S RECOMMENDATION ON PROPOSED ORDINANCE AMENDMENT TO THE CARMEL/CLAY ZONING ORDINANCE Z-289, AS AMENDED, FOR THE CITY OF CARMEL AND CLAY TOWNSHIP IN ORDER TO REGULATE WIRELESS TELECOMMUNICATION SERVICES ANTENNAS, RADIO AND TELEVISION TRANSMISSION ANTENNAS, AND TOWERS To The Honorable Common Council of the City of Cannel, Hamilton County, Indiana Dear Members: The Carmel/Clay Plan Commission offers you the following report on the application of the Cannel/Clay Plan Commission to regulate Wireless Telecommunication Services Antennas, Radio and Television Transmission Antennas, and Towers or other structures on which such antennas may be mounted. A copy of said Ordinance Amendment is attached. The Plan Commission's recommendation on the petition of the applicant is favorable. Under date of June 3, 1997 at a Special Session of the Carmet/Clay Plan Commission, the Plan Commission approved the requested Ordinance Amendment by a vote of 11 in favor, none opposed. CARMEL/CLAY PLAN COMMISSION HancoCk,"jSe7/~creta~ze'eq'cW4~ H. K. Thompson, President