HomeMy WebLinkAbout2002-11-04city council minutesREGULAR MEETING
NOVEMBER 4, 2002
7:00 P.M.
The Meeting was called to order by Mayor Nancolas.
The Mayor requested that everyone stand for the Pledge of Allegiance to the Flag.
The Roll of the City Council was called with the following members present: Dakan, Blacker,
Callsen, and Hopper. Absent: Ozuna and Wells.
SPECIAL PRESENTATIONS.
Mayor Nancolas stated that he did have a special presentation at this time. The Mayor continued
saying that he has known Sam Bass, not only as the Press Tribune Reporter, but also as an
individual. It has been a great pleasure and honor to have been associated with Sam. He has been
supportive of the Community, his reporting has been accurate, been fair, precise, but most
importantly he has always been supportive of what we have done in Caldwell. This was
appreciated very much. It was unique of Sam's personal character as he takes great pride in what
he does. The City will miss him greatly. The Mayor also recognized Sam's wife in the audience.
The Mayor further commented that this was an opportunity to recognize a great career, an
incredible human being and to wish him the very best in retirement. He then presented Sam with a
plaque and a gift.
ADDITIONS OR DELETIONS TO THE AGENDA.
As there were no additions or deletions to the Agenda, it was MOVED by Dakan, SECONDED by
Hopper to approve the Agenda as printed.
Roll call vote. Those voting yes: Dakan, Blacker, Callsen, and Hopper. Those voting no: none.
Absent and not voting: Ozuna and Wells.
MOTION CARRIED
AUDIENCE PARTICIPATION.
There was no one in the audience who cared to address the Council at this time.
CONSENT CALENDAR:
The Mayor presented the following items on the Consent Calendar for consideration by the
Council:
1. Dispense with the reading of the minutes of the October 21, 2002 Regular Council Meeting
and approve as written;
2. Approve acceptance of the minutes of the Caldwell Planning and Zoning Commission
Meeting held on April 25, 2002;
3. Approve purchase of a budgeted 10 -Wheel Dump Truck with bed in the amount of
$94,920.00 as requested by Dennie Shippy, the City's Street Superintendent;
4. Approve the following Resolution to authorize the Independent Contractor Agreement
between the City of Caldwell and Jerome Mapp:
RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
INDEPENDENT CONTRACTOR AGREEMENT BETWEEN THE CITY OF CALDWELL
AND JEROME MAPP.
BE IT RESOLVED That the Mayor and City Clerk of the City of Caldwell be, and the
same hereby are authorized to execute an Independent Contractor Agreement as attached
hereto and made a part hereof as if set forth in full by and between the City of Caldwell and
Jerome Mapp for the purpose of providing Hearing Examiner Services for the Caldwell
Community Development Department.
5. Approve the following Resolution to authorize execution of a Grant Administration Contract
with Sage Community Resources for the purpose of completing a Comprehensive Economic
Adjustment Strategy:
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A GRANT
ADMINISTRATION CONTRACT BETWEEN THE CITY OF CALDWELL AND SAGE
COMMUNITY RESOURCES.
BE IT RESOLVED That the Mayor of the City of Caldwell be, and the same hereby
authorized to execute a Grant Administration Contract as attached hereto and made a part
hereof as if set forth in full by and between the City of Caldwell and Sage Community
Resources for the purpose of completing a Comprehensive Economic Adjustment Strategy.
6. Approve Orders of Decision on Case Nos. SUB- 77P -02, (John Evans /Brookfield
Subdivision), and SUB- 76P -02 (Silverhawk Development/Wood Springs Estates
Subdivision);
7. Approve the following Resolutions regarding sidewalk repairs:
WHEREAS, The City of Caldwell, Idaho owns and governs all right of way along City streets
within the corporate City limits; and
WHEREAS, The City of Caldwell has identified various sidewalks within said City right of
way that have been deemed hazardous to pedestrian traffic and in need of repair; and
WHEREAS, The section of sidewalk fronting the property at 708 Main Street has been
evaluated by the City Engineering Department and which hereafter has been identified as a
hazard to pedestrian traffic and in need of repair; and
WHEREAS, City Code, Section 05 -01 -01 states that it shall be the duty and responsibility of
every property owner to construct, repair and maintain in a safe, non - hazardous condition any
sidewalk on City streets that front the property which he or she owns; and
WHEREAS, If owner of said property does not conduct repairs in accordance with said City
Code, Section 05- 01 -01, City Code Section 05 -01 -03 states that it may, by resolution passed
by two- thirds (2/3) majority of all Council Members, order said sidewalk replaced or repaired;
and
WHEREAS, If Council orders said sidewalk to be replaced or repaired, notice by City
Council shall be sent to the property owner to conduct the appropriate repairs within sixty
(60) days following the date of the notice; and
WHEREAS, If owner of said property does not conduct the appropriate repairs within sixty
(60) days following the date of the notice, the City shall replace or repair said sidewalk by
contract and assess the cost of the repair to the owner of said property and become a lien upon
the property;
BE IT HEREBY RESOLVED, By the Mayor and Council of the City of Caldwell, Idaho that
the owner of the property at 708 Main Street is hereby directed to replace and repair the
sidewalks fronting said property to a safe, non - hazardous condition in accordance with City
Code, Section 05- 01 -03. Said Council directs notice be sent to the owner of said property
ordering compliance with applicable City Codes, and if said owner does not comply within
sixty days following the date of the notice, the City of Caldwell will repair said sidewalk by
contract and assess the cost of the repair to the property owner.
WHEREAS, The City of Caldwell, Idaho owns and governs all right of way along City streets
within the corporate City limits; and
WHEREAS, The City of Caldwell has identified various sidewalks within said City right of
way that have been deemed hazardous to pedestrian traffic and in need of repair; and
WHEREAS, The section of sidewalk fronting the property at 710 Main Street has been
evaluated by the City Engineering Department and which hereafter has been identified as a
hazard to pedestrian traffic and in need of repair; and
WHEREAS, City Code, Section 05 -01 -01 states that it shall be the duty and responsibility of
every property owner to construct, repair and maintain in a safe, non - hazardous condition any
sidewalk on City streets that front the property which he or she owns; and
WHEREAS, If owner of said property does not conduct repairs in accordance with said City
Code, Section 05- 01 -01, City Code Section 05 -01 -03 states that it may, by resolution passed
by two- thirds (2/3) majority of all Council Members, order said sidewalk replaced or repaired;
and
WHEREAS, If Council orders said sidewalk to be replaced or repaired, notice by City
Council shall be sent to the property owner to conduct the appropriate repairs within sixty
(60) days following the date of the notice; and
WHEREAS, if owner of said property does not conduct the appropriate repairs within sixty
(60) days following the date of the notice, the City shall replace or repair said sidewalk by
contract and assess the cost of the repair to the owner of said property and become a lien upon
the property;
BE IT RESOLVED by the Mayor and Council of the City of Caldwell, Idaho that the owner
of the property at 710 Main Street is hereby directed to replace and repair the sidewalk
fronting said property to a safe, non - hazardous condition in accordance with City Code,
Section 05- 01 -03. Said Council directs notice be sent to the owner of said property ordering
compliance with applicable City Codes, and if said owner does not comply within sixty days
following the date of the notice, the City of Caldwell will repair said sidewalk by contract and
assess the cost of the repair to the property owner.
8. Approve right of way deed and easement for Stock Trail Road, South Georgia Avenue and
Griffiths Park Drive.
MOVED by Blacker, SECONDED by Hopper to approve the Consent Calendar as presented.
Roll call vote. Those voting yes: Blacker, Callsen, Hopper, and Dakan. Those voting no: none.
Absent and not voting: Ozuna and Wells.
MOTION CARRIED
OLD BUSINESS
(CONTINUE PUBLIC HEARING ON ASSESSMENT ROLL FOR THE AIRPORT ELECTRICAL
PROJECT AND CONSIDER APPROVING THE RESOLUTION CONFIRMING SAID
ASSESSMENT ROLL)
Mayor Nancolas noted that the first item under Old Business was a continuation of Public Hearing
on Assessment Roll for the Airport electrical project and consider approving the Resolution
confirming the Assessment Roll. Testimony from Mr. Tracy Ban us was heard at the last meeting
and he requested some research done by City Staff which was completed. Mr. Barrus was not
present at this time to testify any further this evening. He believed the report received was that
Mr. Barrus would participate in the L.I.D. and the concerns worked out.
MOVED by Callsen, SECONDED by Hopper to open the Public Hearing which was continued
until this time.
Roll call vote. Those voting yes: Callsen, Hopper, Dakan, and Blacker. Those voting no: none.
Absent and not voting: Ozuna and Wells.
MOTION CARRIED
Those who testified at the last Hearing, Curt Hawkins and Chris Hopper did not have any
comments at this time.
Mark Hilty, the City Attorney, informed the Mayor and Council that Mr. Barrus made an in -kind
contribution to the project by allowing the City to use his hangar as a mounting platform for
various electrical fixtures. This was credited against the L.I.D. Assessment. Mr. Hilty further
stated that he drafted an addendum to his lease to memorialize what was taking place. It was sent
to Mr. Barrus with the request that he contact him if he had modifications. He received this back
in the mail wit his signature today.
MOVED by Hopper, SECONDED by Callsen to close the public testimony portion of this
hearing.
Roll call vote. Those voting yes: Hopper, Dakan, Blacker, and Callsen. Those voting no: none.
Absent and not voting: Ozuna and Wells.
MOTION CARRIED
The Mayor read the Resolution regarding this issue as follows:
WHEREAS, the Mayor and members of City Council directed the Caldwell Industrial Airport to
design and construct an upgraded electrical delivery system for Hangar Rows C,D, and portions of
Rows B.M. and N, per Resolution No. 32 -02; and
WHEREAS, The Airport has completed construction of said electrical system; and
WHEREAS, The Airport has allocated costs from the project to be equitably divided among the
benefiting hangar owners, and prepared an Assessment Roll, per Resolution No. 32 -02; and
WHEREAS, The Mayor and members of City Council have satisfied themselves to the accuracy
of said Assessment Roll; and
WHEREAS, The Mayor and members of City Council have heard any and all public protest
regarding said Assessment Roll.
BE IT RESOLVED That the City of Caldwell, Idaho hereby accepts and approves the Assessment
Roll for the Northwest Hangar Electrical Project, which is attached and made a part of this
Resolution. Said Assessments shall be assigned to the leaseholders of the benefiting hangars and
payment for such made on the terms established in Resolution No. 32 -02.
The Mayor of the City of Caldwell is hereby authorized to confirm said Assessment Roll and a
copy of said Assessment Roll shall be forwarded to the City Clerk for collection.
MOVED by Hopper, SECONDED by Callsen to close the public testimony portion of the
Hearing.
Roll call vote. Those voting yes: Hopper, Dakan, Blacker, and Callsen. Those voting no: none.
Absent and not voting: Ozuna and Wells.
MOTION CARRIED
MOVED by Blacker, SECONDED by Hopper to approve the Resolution approving the
Assessment Roll for the Airport.
Roll call vote. Those voting yes: Blacker, Callsen, Hopper, and Dakan. Those voting no: none.
Absent and not voting: Ozuna and Wells.
MOTION CARRIED
(CONSIDER BILL NO. 43 REGARDING PROVIDENCE DEVELOPMENT ANNEXATION,
WITH THE REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING AND
APPROVE SUMMARY FOR PUBLICATION)
The Mayor stated that the next item was to consider Bill No. 43 regarding Providence
Development Annexation with the request to waive the rules and pass on the first reading and
approve summary for publication. This was the formal document that coincides with the action
taken by Council at the last Regular Meeting. The Mayor read the title of Bill No. 43 as follows:
AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS CONTIGUOUS TO THE
CITY LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO,
AND THAT SAID LANDS SHOULD BE ANNEXED TO THE CITY OF CALDWELL, IDAHO
AS PART OF THE R -1 (SINGLE- FAMILY) ZONE DISTRICT; AND DECLARING SAID
LANDS BY PROPER LEGAL DESC RIPTION AS DESCRIBED BELOW TO BE A PART OF
THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; REPEALING ALL
ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT
HEREWITH; AND DIRECTING THE CITY ENGINEER AND COMMUNITY
DEVELOPMENT DIRECTOR TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF
THE CITY OF CALDWELL, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF
CALDWELL TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE
AREA TO BE ANNEXED WITH CANYON COUNTY, STATE OF IDAHO AND THE IDAHO
STATE TAX COMMISSION, PURSUANT TO IDAHO CODE, SECTION 63 -2219.
MOVED by Hopper, SECONDED by Callsen to waive the rules requiring that a Bill be read at
three separate times and read in full for one reading and pass after the one reading by title only.
Roll call vote. Those voting yes: Hopper, Dakan, Blacker, and Callsen. Those voting no: none.
Absent and not voting: Ozuna and Wells.
MOTION CARRIED
MOVED by Hopper, SECONDED by Callsen that Bill No. 43 be passed and entitled Ordinance
No. 2447 after the one reading by title only and approve the Summary for Publication.
Roll call vote. Those voting yes: Hopper, Dakan, Blacker, and Callsen. Those voting no: none.
Absent and not voting: Ozuna and Wells.
MOTION CARRIED
NEW BUSINESS
(REQUEST BY MR. GENE HEMENWAY TO REMOVE THE PONDEROSA PAINT
BILLBOARD LOCATED IN THE ALLEYWAY BETWEEN CLEVELAND AND DEARBORN
OFF OF TENTH AVENUE)
Mayor Nancolas noted that the first item under New Business was a request by Mr. Hemenway to
remove the Ponderosa Paint billboard located in the alleyway between Cleveland and Dearborn off
of Tenth Avenue.
Steven Hasson, Community Development Director, 621 Cleveland was recognized by the Mayor
and asked to present the background information on this matter. Mr. Hasson reviewed his memo
to Council as follows: This spring Mr. Hemenway purchased four houses located on the north
side of Dearborn Street between 9"' and 10"' Avenue to create a large commercial property to
support the placement of a bank. Subsequent, he entered into an agreement with Home Federal to
relocate their business operation to this site subject to the City's permitting process. Among the
many public safety considerations that Mr. Hemenway will need to address as part of the
development application process is widening of the alleyway located between Cleveland and
Dearborn off of 10 Avenue. The alleyway will need to be widened in a manner that it serves as a
combination driveway /alleyway so that vehicles may safety access the bank via this entranceway.
The alleyway expansion effort will entail a grading and resurfacing of the area to include the
removal and relocation of the power poles at the entranceway on 10
Mr. Hasson continued stating that as the City was discussing the bank's transportation circulation
requirements with Mr. Hemenway, he requested the opportunity to remove the Ponderosa Paint
billboard from the public right of way. He made the request, not only to facilitate this multi-
million dollar development pursuit, but also because his clients has expressed concern about the
potential for traffic safety hazard at the bank entryway due to the sign's size, location and
proximity to the ground.
They did request that the sign be removed particularly if it was located on public right of way.
Staff went through the process as to whether it was permitted there, whether it was on public
property, whether it had any property rights to be placed on that property. In the process, we
found out several things which he identified in his memo. Some of the more important findings
was that Mr. Hemenway did do a survey and did determine that the billboard was located on
public right of way. Staff was notable to find any sign permit or license agreement to substantiate
the billboard placement at this location. Kelly Moore was asked to substantiate the billboards
placement at this location through written documentation and they were unable to do so.
Generally, when a community allows some sort of a billboard on its property requires
compensation for the granting of this approval. The City does not receive compensation for the
billboard located on the right of way. The sign does not conform with the City's present sign
ordinance which has been in effect since 1977. Arguably, the sign was here before a signing
ordinance. The important consideration here was that if the billboard was ever taken down, it
could not be relocated at that location even if we wanted to enter into a permit agreement with
them because a billboards placement was based on two considerations. One was whether or not
there was already a sign at that location and the size of the billboard was a feature of the amount of
frontage. A billboard this size would need approximately 500 feet of frontage for its placement.
A billboard or other sign located in a public right of way, without permit or license arrangement,
does not accumulate a vested interest overtime in terms of non - conforming status, grand- fathering
or prescriptive right. If on private property, it could accumulate those rights, but not on public
property. Kelly Moore has another sign located on Tenth Avenue that has been placed on the
property consistent with the sign provisions found in the Caldwell Zoning Ordinance that provide
a business one commercial sign per street frontage. Kelly Moore does not have a private property
right claim to the billboard; for all practical purpose the billboard was trespassing on public
property without an agreement or license for its placement at this location; Staff advised Mr.
Caldwell that the billboard should be removed and would not prevent Mr. Hemenway from
removing it, provided he first notified Mr. Caldwell of such intent thereby affording him an
opportunity to salvage the material; Mr. Caldwell was present this evening and wanted to testify
that he was not receptive to the billboard's removal. Mr. Caldwell was seeking relief from Mr.
Hemenway's request to remove the billboard and staffs assessment that the board should be
removed. This item was brought to the Council's attention to afford Mr. Caldwell and others an
opportunity for due process. The Council does have the authority to determine whether or not that
the sign should remain at this location or be removed and the terms associated with that
consideration.
Mr. Hilty, the City Attorney, addressed the Mayor and Council. He stated that this kind of issue
comes up quite often where there were private improvements in City owned rights of way.
Usually those rights of way were not open at all and sometimes, as in this case, not fully open and
private property owners have variety of things there and often it was landscaping and sometimes
buildings. The policy of the City in dealing with this kind of situation was that as long as the City
did not need the right of way open, they really didn't care what was there. No building permit
would be issued for the construction of anything in public right of way and that was consistent in
this case. Sometimes this kind of situation occurs before the right of way was acquired and then
sometimes after. The point was that we don't require removal of those things unless they were
interfering with the growth or development of the City. At that point, it was the responsibility of
the property owner to bear the cost of removing encroachments on public right of way. Under
Idaho Law, it was very clear that nobody has a private right to maintain anything within City
owned or public right of way. It has to be removed if that was what the City wants and the cost of
that can be charged back to the person who put it there. There was really not much of a legal issue
here. The question was whether the City wants to do that. If there was no reason for it to be
removes, you could easily let it go. It was requested for development of the area and Staff was
uncomfortable making the decision on this and that was why it was brought before Council. Mr.
Hilty further said that it was his advice for Council to listen to the reasons for moving the signs
and listen to reasons for leaving the sign, consider policy we have had in the past and make the
decision.
Councilman Blacker asked the City Attorney this question: If the Chamber put the sign up and we
determine that it should be removed, do we ask that the Kelly Moore pay for the removal since
technically, they did not put it up.
Mr. Hilty suggested that they could ask the proponent if they were willing to bear the cost. I am
not sure the City could require them to do that, but the City doesn't want to bear the cost and
would not like to have the owner have to bear the cost. Technically, he would want to know
whose sign it really was. It has been owned and operated along with that building on the corner
for some time and was Ponderosa's sign and they were the ones responsible.
Gene Hemenway, 314 Linden, was recognized and spoke in favor of having the sign removed. He
presented a number of pictures for Council and the Mayor and informed them that this has been an
orderly process. As we looked at this property and considered purchasing it, they looked at a
number of things in that neighborhood in terms of the investment that they were going to make
there. One of those things was the sign and this was a concern to them. Before purchasing the
property and before it was sold, we were given certain representations by Staffthat this sign could
be removed. We made a rather significant investment based upon those representations which
were in print. They were told that if it was in the right of way, it has no right to be there and could
be removed. He was told that to prove it was in the right of way, they did need to have it
surveyed. This was done at his expense. The Staff came to look at it and determined that the sign
was in the right of way. Mr. Hasson then visited with the City Attorney and told him that it was in
the right of way and could be removed. Mr. Hasson then wrote him a letter informing him that he
had permission to remove the sign as long as he gave Mr. Caldwell fair warning that they were
going to do that. He then wrote Mr. Caldwell a letter stating that they were going to remove it. In
the meantime, the property was sold to the bank and they were now in the process of developing
the property.
The Council discussed this matter at some length including the fact that the whole sign was in the
right of way and whether the telephone poles would be allowed to remain.
Jerry Caldwell, 916 East Cleveland, the store manager for Kelly Moore, was recognized and
explained his reasons for wanting the sign to remain. Mr. Caldwell explained the past ownership
of the building. At the time the Chamber of Commerce sold this building in the 1950s, the
Chamber told them that they could have the sign, but it must be used for community purposes.
Mr. Caldwell also presented some pictures for Council to review. During his comments, he noted
that the semi trucks loading and unloading for his store could cause a problem for the adjoining
property owner. He also discussed the survey and how they have contributed to the Airport, Cub
Scouts and other organizations which he considered donations to the City. He believed that we
should stand behind our businesses that have been in the community for many years, donated to
the community and have done everything they can for the community. If we were not getting
Caldwell builders and not getting people from Caldwell, we are not giving to the community. In
conclusions, he stated that he believed the City Council should take this matter under
consideration and how much his business has done for the community with no compensation or a
thank you.
During the discussion, Mr. Hasson read a letter from Ben Weymouth advising that there was a
survey conducted by a licensed surveyor and it was in the public right of way which confirmed
what Mr. Hemenway stated. Councilman Callsen asked Mr. Caldwell if he had considered having
his property surveyed. Mr. Caldwell stated that he had not because when they purchased the
company, they did come out and surveyed it before making the purchase. Councilman Callsen
asked if he had this as a matter of record. Mr. Caldwell stated that he could get that for the
Council.
There was considerable discussion among the Council and with Mr. Caldwell. Councilman Dakan
stated that inasmuch as we ought to take the word of the survey that we have and the report by
Staff and grant that Mr. Hemenway be allowed to remove the sign and Mr. Caldwell to take
possession of it if he wishes.
Councilman Callsen asked if it would be worth our time and wait to see if the owners of the
property did have that property surveyed. The City doesn't want to get into some legal battle over
a six inch mistake. Mr. Caldwell again indicated that he could have those documents by the end
of the next day. Councilman Callsen stated that he could not see any harm in waiting a few days.
The Mayor stated that they could continue this matter until the next Council Meeting if Council
desires.
Councilman Blacker asked how often were surveys in errors or were they ever in error. The City
Engineer stated that they do support the attorneys in this community and I am sure there were
disputes from time to time. With regard to the survey that may have been done at the time the
property transaction took place should be recorded in the assessor's office. There also should have
pins set at that time or they would have relied on existing pins. The City Staff only work from the
pins on the other side of the alley and measure back according to plat dimensions to come up with
the determination. Mr. Law further stated that this right of way was not what was known as
prescriptive right of way. It was platted, there was a line that was supposed to represent the
boundary line of the right of way and if it was outside of that line, then it was on private property
and if inside, it was public right of way.
Several other questions were discussed by the Council and questions presented to Mr. Hemenway
and Mr. Caldwell. The Mayor then stated that the Council could either continue the matter or
make a decision at this time.
MOVED by Callsen, SECONDED by Hopper to continue this matter until a date certain on
November 18, 2002, in order to allow Mr. Caldwell to get the survey.
Roll call vote. Those voting yes: Callsen, Hopper, and Blacker. Those voting no: Dakan.
Absent and not voting: Ozuna and Wells.
MOTION CARRIED
(FINANCIAL REPORT)
Councilman Callsen reported that the Finance Committee has reviewed current accounts payable
in the amount of $704,110.59 for the period ended October 30, 2002 and a net payroll of
$187,698.98 for the pay period ended October 19, 2002.
MOVED by Callsen, SECONDED by Hopper that accounts payable in the amount of $704,110.59
represented by check numbers 11430 and through 11685 and the total payroll for the amount of
$187,698.98 represented by check numbers 757 through 887 be accepted, payment approved, and
vouchers filed in the Office of the City Clerk.
Roll call vote. Those voting yes: Callsen, Hopper, Dakan, and Blacker. Those voting no: none.
Absent and not voting: Ozuna and Wells.
MOTION CARRIED
(CITY COUNCIL REPORTS)
Councilman Dakan attended the grand opening of the Farmers & Merchants Bank. It was a nice
affair and the Mayor did a great job representing the City of Caldwell. The Mayor noted that the
gentleman who owns the Bank flew all the way from New Jersey to be here for the opening.
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