The Board of City Commissioners of the City of Shawnee, County of Pottawatomie, State of Oklahoma, met in Regular Session in the Commission Chambers at City Hall, 9th and Broadway, Shawnee, Oklahoma, Monday, December 18, 2000 at 7:30 p.m., pursuant to notice duly posted as prescribed by law. Mayor Harden presided and called the meeting to order. Upon roll call, the following members were in attendance.
Chris Harden
Mayor
Tom Claybrook Robert M. Pettyjohn
Commissioner Ward 1 Commissioner Ward 2
James Harrod Steven Blair
Commissioner Ward 3 Commissioner Ward 4
Bob Downing
Commissioner Ward 6-Vice Mayor
ABSENT:
Brad Roach
Commissioner Ward 5
INVOCATION Reverend Rusty Williams
Wesley United Methodist Church
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Acknowledge staff will proceed in the instant meeting with opening and consideration of bids as set forth in Agenda Item No. 20.
b. Minutes of December 4, 2000 meeting
c. Transfer of Appropriations in Capital Improvement Fund
d. Acknowledge the following reports and minutes:
* Budget Status Report as of November 30, 2000
* Treasurer Report for the City of Shawnee Sales Tax Receipts for the month of December, 2000
* Treasurer Report for the City of Shawnee General Fund Statement of Revenues and Expenditures for the month of November, 2000
* Treasurer Report for the City of Shawnee Municipal Authority Statement of Revenues and Expenditures for the month of November, 2000
* Treasurer Report for the Shawnee Municipal Authority Analysis of Collections for Water and Sewer for the month of November, 2000
* Utility Division Report for the month of November, 2000
* City Clerk Report for month of November, 2000
* Building Inspector Report for the month of November, 2000
* Shawnee Urban Renewal Authority minutes of November 7, 2000 meeting
* Planning Commission minutes of November 1, 2000 meeting
e. Authorize staff to advertise for bids for one or more full size police vehicles.
f. Authorize staff to advertise for bids for a one-ton flat bed truck and 50 hp tractor for Parks Department.
g. Authorize staff to advertise for bids for one or more ½ ton pickups for replacement of older Public Works Dept. vehicles.
h. Approve out-of-state travel for Mike Southard to attend the American Planning Association’s National Conference in New Orleans, Louisiana, March 10-14, 2001.
i. Mayor’s Appointments:
Shawnee Hospital Authority
Glen Hanson, M.D. to serve unexpired term of A.H.Shi, M.D. which expires 9/30/04
Charles Skillings to serve unexpired term of Robert Maynard which expires 9/30/04
John Robinson, J.D. to serve unexpired term of J.D. Kethley, M.D. which expires 9/30/04
Stephen Trotter, M.D. to serve unexpired term of James Briggs which expires 9/30/03.
Before voting, Commissioner Claybrook in reference to (g); asked staff to consider purchasing smaller pickups in the future.
Public Works Director James Cole had given a brief explanation about the vehicle replacement process and agreed to investigate purchasing small pickups in the future and report to the Commission.
A motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, to approve Consent Agenda Item No. 1 (a-i), inclusive. Motion carried.
AYE: Pettyjohn, Downing, Claybrook, Harrod, Harden, Blair
NAY: None
AGENDA ITEM NO. 2: Mayor’s Presentation.
Mayor Harden issued Resolution No. 6092 to Ernestine Hudlow Gravley in recognition of her accomplishments as Shawnee’s Poet Laureate.
Resolution No. 6092 was introduced and the title read aloud.
Resolution No. 6092 entitled “A resolution recognizing Ernestine Hudlow Gravley for her accomplishments as Shawnee’s Poet Laureate; directing that said resolution be spread upon the official records of the City of Shawnee, Oklahoma; and authorizing a copy be presented to the said Ernestine Hudlow Gravley.”
A motion was made by Commissioner Harrod, seconded by Commissioner Blair, that the Title and Resolution be approved. Motion carried.
AYE: Harrod, Blair, Downing, Claybrook, Pettyjohn, Harden
NAY: None
Thereupon Mayor Harden declared Resolution No. 6092 duly passed and adopted.
AGENDA ITEM NO. 3: City Manager Presentation.
City Manager Terry Powell presented a plaque and gift certificate to Water Department meter reader Fred Couch as the November employee of the month in recognition of his excellent and dedicated service with the City of Shawnee.
AGENDA ITEM NO. 4: Consider recommendation from Planning Commission to change Planning Commission meeting dates from 2 public meetings each month to 1 public meeting and 1 conference meeting each month.
Community Development Director Michael Southard gave the explanation for the change in Planning Commission meeting dates was to allow for more discussion on long-range issues.
He told the Commission that the first meeting of each month will be set aside for the discussions and the items would be considered at the second meeting.
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Blair, to approve the Planning Commission’s recommendation to change the meeting dates for the Planning Commission from two (2) public meetings each month to one (1) public meeting and one
AGENDA ITEM NO. 5: Public hearing and consider an ordinance to rezone property located at 2610 N. Bryan from A-1, Agricultural District to I-1, Light Industrial District for use as a communications site. (Applicant: Dan Overland for Overland Communications, Inc.) (Planning Commission continued to 1/3/01).
A motion was made by Vice Mayor Downing, seconded by Commissioner Harrod, to defer this item to the January 16, 2001 meeting allowing staff more time to determine the intended use of the property. Motion carried.
AYE: Downing, Harrod, Harden, Blair, Claybrook, Pettyjohn
NAY: None
AGENDA ITEM NO. 6: Public hearing and consider an ordinance to annex property located north of Highway 177 and east of Acme Road. (Applicant: Tony McMurry for Arvest Bank).
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to accept Community Development Director Michael Southard’s recommendation to defer this item to the January 2, 2001
meeting. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Blair
NAY: None
AGENDA ITEM NO. 7: Public hearing and consider an ordinance to rezone property located at 941 N. Union from R-1, Single Family Residential District, R-3, Multi-Family Residential District and C-1, Neighborhood Commercial District to C-1P, Neighborhood Commercial District with Conditional Use Permit for use as a clinic for mental, narcotic and alcoholic patients. (Applicant: Kristy Morrell for Solid Ground, Inc.)
Mayor Harden declared a public hearing in session to consider an ordinance to rezone property located at 941 North Union for use as a clinic for mental, narcotic and alcoholic patients.
It was noted that the Planning Commission and staff recommended denial of the application. There was a thirty-five percent (35%) formal protest filed by surrounding property owners.
Mayor Harden asked if any persons wished to appear in favor of or in protest of the rezoning.
Those appearing in favor of the clinic were Kristy Morrell, applicant; Carl Alice, Kristin Crider, Steve Becker, and Stan Curry.
Appearing in opposition to the rezoning were Kim Rowan, Angela Cravens, Mr. Ragan, Link Cowen, David Andrew, and Charles Rowan.
The four main reasons stated for the protest were:
(1) mixing mental patients in a neighborhood full of children would be unwise and in some instances dangerous;
(2) mental patients are unpredictable and would propose a threat to the security of the neighborhood;
(3) location is a factor in determining property values and consider the facility a detriment to the area; and
(4) protestants do not believe that one property owner has the right to influence and depreciate all property values for the area.
The public hearing was closed and the title and ordinance was read into record.
An ordinance entitled “An ordinance concerning the zoning classification of the following described property located within the corporate limits of the City of Shawnee, Oklahoma, to-wit: The North Eighty (80) feet of Lots One (1), Two (2), Three (3), Four (4), Five (5), Six (6) and Seven (7) and North Eighty (80) feet and the South Sixty (60) feet of the East Fifteen (15) feet of Lot Eight (8) and all Lots (9), Ten (10), Eleven (11), Twelve (12), Thirteen (13), Fourteen (14) and Fifteen (15), Block 2, Blain’s Addition to the City of Shawnee, together with the South Fifteen (15) feet of vacated Degras Street adjacent to Lots one (1) through Fifteen (15), Block 2, Rezoning said property from C-1, Neighborhood Commercial District; R-1, Single Family Residential District and R-3, Multi-family Residential District to C-1P, Neighborhood Commercial District with Conditional Use Permit, amending the official zoning map of the City of Shawnee accordingly.”
Motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, that the title and ordinance be denied. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Blair
NAY: None
THE COMMISSION RECESSED AT 8:34 PM. TO ALLOW THE AUDIENCE TO CLEAR THE CHAMBERS AND IT RECONVENED AT 8:40 P.M.
Next, Mayor Harden stated that the Commission would deviate from the formal agenda and consider Agenda Item No. 9.
AGENDA ITEM NO. 9: Presentation by Keith Kuhlman from Commissioners of the Land Office concerning leases at Shawnee Lake.
Appearing before the Commission was Mr. Keith Kuhlman, Director of the Real Estate Management, representing the Commissioners of the Land Office, State of Oklahoma, regarding the ownership of the lakesite leases in two tracts known as South School Tract and North School Tract.
Mr. Kuhlman informed the Commission that he and City Manager Terry Powell had been working about two to three years trying to get the issues resolved when it was discovered by the State Land Commission staff that the City of Shawnee had inadvertently been leasing lots in the North and School Tracts at Shawnee Lake No. 1.
He told the Commission that in 1935 the Land Commission granted an easement to the City of Shawnee for water works purposes only.
Continuing, he informed that in 1996 through selling off land owned by the State Land Commission, they discovered the mistake and did thorough checking and then approached the City with their findings and presented some solutions. Through their research, they have determined that the fair market lease value for a lake lot is $600.00 annually.
Mr. Kuhlman stated that the Land Commission was proposing to enter into a series of three-year agreements with the City wherein the City will pay the State of Oklahoma $600.00 per lot phased-in as the City leases are renewed.
Mr. Kuhlman reassured the Commission and lake lessees, many who were in the audience, that the city would continue to keep control of the lakesites and would sublease the lots.
According to staff’s information, there are twenty-eight (28) leased lots that will be affected. Also in a memorandum from Community Development Director Michael Southard, the City of Shawnee must decide whether to raise rates to offset the costs or absorb the difference between the rate charged through the lease and the $600.00.
It was noted that currently, Shawnee citizens are charged $200.00 per year and non-residents pay $400.00 per year.
In final, City Manager Terry Powell explained that in order to make the transition easy, it was agreed that the master lease with the Land Commission was the best solution in order to eliminate changing the rate every five years. The phase-in process for the subleases would be over a six to nine year period.
The Commission raised questions about the amounts and other costs involved.
The Commission took action under the next agenda item.
AGENDA ITEM NO. 10: Consider Unsubordinated Com-mercial Ground Lease between Commissioners of the Land Office and City of Shawnee and increase in lease rates in North School Tract and South School Tract at Shawnee Lake.
A motion was made by Commissioner Claybrook, seconded by Commissioner Blair, to approve the Unsubordinated Commercial Ground Lease three-year term between the Commissioners of the Land Office and the City of Shawnee to increase the yearly lease fees for lots in the North and South School Tracts at Shawnee Twin Lake No. 1 to $600 annually. Motion carried.
AYE: Claybrook, Blair, Downing, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 11: Consider a resolution waiving competitive bidding to request proposals from nurseries for the Kickapoo Spur tree grant project.
Community Development Director Michael Southard provided a list of nurseries that have participated in the Highway Tree Planting Program during the last three years and received contracts from recipients of Highway Tree Planting Grants.
Staff requests that the City Commission waive the competitive bidding process and send bids to a select list of contractors. This project will be funded through in-kind or donated labor and materials and highway funds. A very small percentage will be funded through the City’s general fund.
Resolution No. 6093 was introduced and the title read aloud.
Resolution No. 6093 entitled “A resolution authorizing the City’s participation in the Oklahoma Department of Transportation Highway tree planting program and purchasing trees from selected nurseries and waiving competitive bidding.
A motion was made by Vice Mayor Downing, seconded by Commissioner Claybrook, that the Title and Resolution be approved. Motion carried.
AYE: Downing, Claybrook, Pettyjohn, Harrod, Harden, Blair
NAY: None
Thereupon Mayor Harden declared Resolution No. 6093 duly passed and adopted.
Mayor Harden stated the Commission would now consider Agenda Item No. 8.
AGENDA ITEM NO. 8: Update on Capital Improvements programs, including continued improvements to water treatment plant, multi-purpose building, Main Street streetscape project and regional sports complex and authorize staff to proceed with engagement of financial advisory and bond consultant services.
City Manager Terry Powell and City Treasurer/Finance Director Jim Wilsie gave updates on the four proposed capital improvement programs that include funding the water treatment plant expansion; building a multi-purpose facility located near the Exposition Center; build a regional park/sports complex; and implement a downtown streetscape plan.
The City Manager reported that staff had looked at five to six sites for the regional park and the average cost for a 60 to 80 acre site would cost between $300,000 to $400,000.
In regards to the streetscape project, federal funds (ISTEA), was a possibility for matching funds.
Next, Mr. Jim Wilsie, Treasurer/Finance Director explained to the Commission it was his recommendation to engage the services of Leo Oppenheim as financial advisor and Fagin, Brown, Bush, Tinney & Kiser, PC as bond counsel.
He gave reasons for waiving competitive bidding on these services and recommended the two firms based on their superior reputation and the excellent service the city received on previous bond issues.
Mr. Wilsie stated that he was also recommending that staff be authorized to negotiate the fees for these services that would be presented to the Commission at a later date.
Concluding, City Manager Terry Powell reassured the Commission that staff would continue to update them on the progress.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to approve proceeding with the capital improvements concept; waiving competitive bidding and authorize staff to proceed with the engagement of Leo Oppenheim as financial advisor and Fagin, Brown, Bush, Tinney & Kiser, PC as bond counsel. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Blair
NAY: None
AGENDA ITEM NO. 12: Consider a resolution waiving competitive bidding to purchase satellite imager from a sole source vendor.
Community Development Director Michael Southard explained that approved in the Planning Department budget for this fiscal year was a geographic information system that can be utilized by numerous departments. A geographic information system (GIS) is basically a spatial spreadsheet that provides data through maps. A couple of examples of uses would be identifying addresses on the map or tracking the age of or repairs on a sewer line to determine which should be replaced. A GIS will also make it easier for the City to redistrict when the new census information becomes available.
Resolution No. 6094 was introduced and the title read aloud.
Resolution No. 6094 entitled “A resolution authorizing the purchase of a geographic information system from a sole source vendor at a price not to exceed ten thousand ($10,000.00); waiving competitive bidding.”
A motion was made by Commissioner Blair, seconded by Commissioner Claybrook, that the Title and Resolution be approved. Motion carried.
AYE: Blair, Claybrook, Pettyjohn, Harrod, Harden, Downing
NAY: None
Thereupon Mayor Harden declared Resolution No. 6094 duly passed and adopted.
AGENDA ITEM NO. 13: Consider lease to Denrow Ltd. for T-Hangar and unit space currently occupied by the City at the Shawnee Municipal Airport.
Assistant Airport Manager Lori Bowlan reported that the Airport Advisory Board had given its approval for the Denrow’s to use the end unit space that was currently being occupied by the City.
She advised that the lease was a standard airport lease.
A motion was made by Commissioner Claybrook, seconded by Commissioner Pettyjohn, to approve a lease between the City of Shawnee and Denrow Ltd. For T-hangar end unit space at the current lease rate at the Shawnee Municipal Airport. Motion carried.
AYE: Claybrook, Pettyjohn, Harrod, Harden, Blair, Downing
NAY: None
AGENDA ITEM NO. 14: Consider amendment to Denrow Ltd. hangar lease to allow aircraft sales & rentals and to clarify sewer line issues.
Ms. Bowlan referred to the amendment in the agenda packet regarding Section 3.11 and 3.1.6 of the lease with Denrow Ltd. that would allow for the sales, rental, storage, maintenance, servicing and repair of aircraft assemblies, aircraft accessories and aircraft radio and electronic equipment and any component parts thereof; and allow for individual flight training under the requirements of FAR part 61 of the lease.
Ms. Bowlan requested the Commission to defer action on the sewer line issue until a later meeting.
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, to approve the two amendments to the lease between the City of Shawnee and DenRow Limited and defer the sewer line issue to a future meeting. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Blair, Claybrook
NAY: None
AGENDA ITEM NO. 15: Consider permit to O’Connor Flight School at the Shawnee Municipal Airport.
A motion was made by Commissioner Claybrook, seconded by Vice Mayor Downing, to approve a permit with O’Connor Flight School to perform described services at the Shawnee Municipal Airport. Motion carried.
AYE: Claybrook, Downing, Pettyjohn, Harrod, Harden, Blair
NAY: None
AGENDA ITEM NO. 16: Consider permit to Lari Trollinger for mechanical services at Shawnee Municipal Airport.
A motion was made by Commissioner Claybrook, seconded by Commissioner Pettyjohn to approve the permit to Lari Trollinger for mechanical services at Shawnee Municipal Airport.
AYE: Claybrook, Pettyjohn, Harrod, Harden, Blair, Downing
NAY: None
AGENDA ITEM NO. 17: Consider amendments to Airport Minimum Standards to correct requirements regarding flight training and liability insurance.
A motion was made by Vice Mayor Downing, seconded by Commissioner Pettyjohn, to approve amendments to Airport Minimum Standards to correct requirements regarding flight training and liability insurance. Motion carried.
AYE: Downing, Pettyjohn, Harrod, Harden, Blair, Claybrook
NYA: None
AGENDA ITEM NO. 18: Consider a resolution declaring the dismantled ADF system surplus and obsolete in order to release one component of the system, the ADF tower, to Civil Air Patrol.
A motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, to accept Assistant Airport Manager Lori Bowlan’s recommendation to defer this item to the next meeting. Motion carried.
AYE: Pettyjohn, Downing, Claybrook, Harrod, Harden, Blair
NAY: None
AGENDA ITEM NO. 19: Consider increasing T-hangar rental from $75.00 per month to $100.00 per month beginning January 1, 2001.
Ms. Bowlan requested the Commission to defer action on this item to allow for proper notification to the t-hangar lessees.
A motion was made by Vice Mayor Downing, seconded by Commissioner Blair, to defer action on increasing t-hanger rentals to the next meeting. Motion carried.
AYE: Downing, Blair, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
AGENDA ITEM NO. 20: Consider Bids and Proposals.
a. 2001 Tandem Axle Twin Screw Cab Chassis (award)
A motion was made by Commissioner Harrod, seconded by Vice Mayor Downing, to accept Public Works Director James Cole’s recommendation to award the 2001 tandem axle twin screw cab chassis bid to Harvey’s Inc., Shawnee, Oklahoma, in the amount of $55,765.00 as the lowest and best bid. Motion carried.
AYE: Harrod, Downing, Claybrook, Pettyjohn, Harden, Blair
NAY: None
b. High volume copier (award)
City Treasurer Jim Wilsie reported on behalf of the City Clerk’s office regarding the high volume copier recommendation. He noted that although the recommendation was not the lowest bid, he justified that prompt service was of high importance and the locale was a deciding factor in staff’s selection.
A motion was made by Commissioner Pettyjohn, seconded by Vice Mayor Downing, to accept City Clerk staff’s recommendation to award the high volume copier bid to Don’s Copier, Shawnee, Oklahoma, in the base amount of $404.85 for 36 months as the best bid. Motion carried.
AYE: Pettyjohn, Downing, Claybrook, Harrod, Harden, Blair
NAY: None
c. Aggregate Materials (open)
Dolese Brothers Merridian Quapaw
1 ½” Crusher Run #1 3.15 4.00 5.50
1 ½” Crusher Run #2 No Bid 3.95 5.00
2” Crusher Run 3.15 No Bid No Bid
3/8” Limestone Chips 5.95 No Bid 8.00
5/8” Limestone Chips 5.60 No Bid 8.00
1 ½” Coarse Stone 4.55 5.00 7.50
2” Coarse Stone 5.25 8.00 No Bid
38” Screenings 3.65 3.50 4.25
5/8 Mill Run No Bid 3.00 8.00
1 1/2” Mill Run #10 4.35 3.95 6.00
6” Rip Rap No Bid 5.00 No Bid
8” Rip Rap No Bid 8.00 No Bid
10” Rip Rap No Bid 8.00 No Bid
12” Rip Rap 8.50 7.50 No Bid
18” Rip Rap 7.50 7.50 No Bid
24” Rip Rap 7.50 8.00 No Bid
A motion was made by Vice Mayor Downing, seconded by Commissioner Blair, to accept Public Works Director James Cole’s recommendation to defer the aggregate materials bid to the next meeting. Motion carried.
AYE: Downing, Blair, Claybrook, Pettyjohn, Harrod, Harden
NAY: None
d. Hauling & Unloading Aggregate Materials (open)
L & D Trucking Doyle Roller
Stonewall, OK Tecumseh, OK
Price Per Ton
Hauling from Dolese Bros
Davis, OK
To Public Works Yard $5.44 $5.98
To Shawnee Twin Lakes 5.89 6.24
Hauling from Quapaw Co
Stillwater, OK
To Public Works Yard 6.00 7.50
To Shawnee Twin Lakes 6.50 7.75
Hauling from Meridian Aggregate
Mill Creek, OK
To Public Works Yard 5.44 5.98
To Shawnee Twin Lakes 5.89 6.24
Joe Brown Co. Byron Cole Trucking
Ardmore, OK Asher, OK
Price Per Ton
Hauling from Dolese Bros
Davis, OK
To Public Works Yard $6.60 $5.39
To Shawnee Twin Lakes 6.85 5.95
Hauling from Quapaw Co
Stillwater, OK
To Public Works Yard 6.28 6.02
To Shawnee Twin Lakes 6.50 6.60
Hauling from Meridian Aggregate
Mill Creek, OK
To Public Works Yard 7.21 5.39
To Shawnee Twin Lakes 7.21 5.95
A motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, to accept staff’s recommendation to refer bids for hauling and unloading aggregate materials to staff for review and report at next meeting. Motion carried.
AYE: Pettyjohn, Harrod, Harden, Blair, Downing, Claybrook
NAY: None
e. Asphaltic Concrete Type A, B and C (open)
T. J. Campbell APAC Haskell Lemon Const
OKC Shawnee OKC
Price Per Ton
Type A Delivered $28.83 $27.00 $28.50
Type B Delivered 29.58 28.00 30.50
Type C Delivered 29.58 28.00 30.50
Type A at Plant 24.25 25.00 23.50
Type B at Plant 25.00 26.00 25.50
Type C at Plant 25.00 26.00 25.50
A motion was made by Vice Mayor Downing, seconded by Commissioner Claybrook, to accept Public Works Director James Cole’s recommendation to defer the asphaltic concrete Type A, B and C bid to the next meeting. Motion carried.
AYE: Downing, Claybrook, Pettyjohn, Harrod, Harden, Blair
NAY: None
AGENDA ITEM NO. 21: New Business. (Any matter not known about or which could not have been reasonably foreseen prior to the time of posting agenda)
There was no New Business to be considered.
AGENDA ITEM NO. 22: Citizens Participation.(A five minute limit per person) (A fifteen minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 23: Commissioners’ Comments.
Under Commissioners’ Comments, Commissioner Pettyjohn wished everyone a Merry Christmas.
AGENDA ITEM NO. 24: Administrative Reports.
There were no Administrative Reports.
AGENDA ITEM NO. 25: Adjournment.
There being no further business to come before the meeting, a motion was made by Commissioner Pettyjohn, seconded by Commissioner Harrod, that the meeting be adjourned. Motion carried. (9:57 p.m.)
AYE: Pettyjohn, Harrod, Harden, Blair, Downing, Claybrook
NAY: None
______________________________
MAYOR
SEAL)
ATTEST:
__________________________
CITY CLERK
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