HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 08/18/1992 Kent, Washington
August 18, 1992
Regular meeting of the Kent City Council was called to order at
7 : 00 p.m. by Mayor Kelleher. Present: Councilmembers Bennett,
Johnson, Mann, Orr, White and Woods, City Administrator Chow,
City Attorney Lubovich, Planning Director Harris, Public Works
Director Wickstrom, Information Services Director Spang, Finance
Director McCarthy, Fire Chief Angelo, Police Chief Crawford, and
Human Resources Director Olson. Councilmember Houser was excused
from the meeting and Parks Director Wilson was on vacation.
Approximately 100 people were at the meeting.
PUBLIC Council Meeting Broadcast. Bill Doolittle pointed
COMMUNICATION out that the Council meeting of August 4 , 1992 ,
had not been televised. The Mayor asked the young
man who tapes the meetings to contact the cable
company to make sure that this does not happen in
the future, and to ask that the August 4th meeting
be broadcast. Doolittle noted that he had
received many calls the day after the video should
have been shown from people wondering why it was
not televised. He stated that he had been told by
Administration that the tapes had been sent out,
but that the person who coordinates this for the
City of Seattle said he had not received them. He
noted that the City of Seattle seems to feel that
they are accommodating the City of Kent by
broadcasting the meetings, and pointed out that
Ordinance 2669 stipulates that TCI will provide
access time for Kent City Council meetings. He
said he feels that the meeting was not shown
because of its length and the fact that no money
is involved. He noted that there is one time slot
set aside every two weeks and that if the tapes of
the 4th surface, the only way to show them would
be to not show tonight' s meeting. He said he
feels an honest error has been made due to the
length of the meeting, and asked that the Mayor
and Administration make arrangements with TCI to
gain an additional time slot, and publicize it so
that people can see and hear what went on at the
August 4th meeting. The Mayor stated that he
feels the cable company would be willing to air an
extra slot, and that they will be asked to do so.
Police Auction. Bill Doolittle noted that at a
recent committee meeting he requested the results
of the police auction which was held on July 11,
1992 . He reiterated that he had not been pleased
with the results of the auction held to dispose of
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August 18 , 1992
PUBLIC furnishings from the library. He commended
COMMUNICATION Charlie Lindsey for running the police auction for
a total cost of just over $2100, $200 of which
went to the auctioneer. He noted that the auc-
tioneer for the library auction cost approximately
$1500. He stated that a lesson has been learned
about conducting city auctions and felt this
should be a part of the record. There were no ob-
jections and it was so ordered.
Kent Old Timers Day. Mayor Kelleher read a proc-
lamation declaring the 30th of August, 1992 , as
Kent Old Timers Day in the City of Kent and
inviting all Kent Old-Timers and other interested
individuals to attend a reunion on August 30th and
celebrate this occasion. The proclamation was
presented to Dorice Wolfrom, who introduced the
members of the Kent Old Timers committee, noting
that together they represent over 1, 000 years of
community service.
Regional Justice Center. Kathleen Scott, Central
Project Manager for the Regional Justice Center,
explained that she will be managing the design and
construction of this project for King County. She
noted that there are currently three ordinances
before the King County Council relating to the
project, and that all three will be voted on on
August 24th. She explained the ordinances as
follows:
1. The first ordinance will provide for
financing of the project, which will either
be a levy or a bond which will go on the
November ballot.
2 . The second ordinance is a facility pro-
gram plan which defines the scope of the
project, such as the number and size of the
spaces inside the project, and also contains
a schedule and a budget for the project.
3 . The third ordinance is an appropriations
ordinance which funds the project from now
until financing proceeds are available.
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August 18 , 1992
PUBLIC Scott said she anticipates being able to start
COMMUNICATION design by December, and that it will take 12-15
months. She noted that site work may be done in
1993 and building could occur during mid-1994 thru
the end of 1995, if they stay on the current
schedule. She noted that they have discussed
Kent' s SEPA process and permitting process with
Jim Harris, Roger Lubovich, Alana McIalwain and
Raul Ramos to prepare for submittal of permits,
which they anticipate will occur in October or
later. She noted that the County has an open
process relating to schematic design and that many
review and comment sessions will be held through-
out the County and in the City of Kent. She said
they will be able to support Kent' s staff
regarding workshops or presentations, but noted
that it would be best to wait until after the vote
on August 24th setting the direction and schedule
for the project.
White stated that there has been little or no com-
munication with the City Council , and that they
are asked questions on a daily basis about the
impacts of this project. He said that there are
serious concerns about traffic and that he would
like to have some input into the process. Scott
reiterated that they would not be starting the
SEPA process or applying for permits until October
at which point all questions will be closely
looked at. White pointed out that the Councilmem-
bers are not involved in the SEPA process and
asked where elected officials fit in. Scott said
they would be happy to conduct a workshop for
staff regarding any information they have, and
offered to come back to Council at least every
other month to give an update on the project. The
Mayor noted that the Council would like to have a
workshop as soon after the 24th as possible and
asked Scott to contact Council President Woods who
will help schedule the workshop.
CONSENT WOODS MOVED that Consent Calendar Items A through
CALENDAR K, including corrections to 3A and 3C, be
approved, with the exception of Item 3G which was
removed by Councilmember White. Mann seconded and
the motion carried.
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August 18 , 1992
MINUTES (CONSENT CALENDAR - ITEM 3A)
Approval of Minutes. Approval of the minutes of
the August 4, 1992 , meeting with the following
correction to page 8, line 16, regarding the
272nd/277th corridor project:
"He noted that $250, 000 would be paid by City LID"
SHOULD READ:
"He noted that $5, 250, 000 would be paid by City
LID" .
SEWERS (BIDS - ITEM 5A)
LID 338 - Westview Terrace/McCann's Westview
Sanitary Sewer. Bid opening was July 31 with
seven bids received. The low bid was submitted by
Universal Land Construction in the amount of
$306, 265. 54 and staff recommends the bid be
accepted and the project awarded. WHITE SO MOVED.
Woods seconded and the motion carried.
(BIDS - ITEM 5B)
Decant Stations. Bid opening was August 5 with
five bids received. The low bid was submitted by
R.W. Scott in the amount of $66, 401. 09. Staff
recommends the bid be accepted and the project
awarded. WHITE SO MOVED. Woods seconded and the
motion carried.
TRAFFIC (CONSENT CALENDAR - ITEM 3I)
CONTROL Parking Penalties. ADOPTION of Ordinance No. 3062
relating to parking infraction penalties. Cur-
rently we have parking citations that are $100 and
$25 but get reduced to $25 and $10 respectively,
if a mitigation hearing is not requested. This
requires writing purchase orders to refund money
when citizens overpay. When the additional cost
of this is added to a system that already costs
the City $16. 35 per citation to write and process,
the City receives $10 in revenue. When they go to
court, the cost is $23 . 00. The ordinance estab-
lishes the $100-$25 fine to a flat $25 and the
$25-$10 fine to a flat $20. 00 plus all other $10
fines are raised to $20.
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August 18, 1992
ANNEXATION (OTHER BUSINESS - ITEM 4B)
West Hill Island Annexation. The proposed
ordinance would annex an area of unincorporated
King County to the City of Kent, known as the West
Hill Island Annexation. This ordinance replaces
Ordinance 3049 which annexed the same area and was
repealed by Ordinance 3060 due to non-compliance
with SEPA. A public hearing was held on July 7,
1992 , on the West Hill Island Annexation. City
Attorney Lubovich noted that shortly after the
adoption of Ordinance 3049, it was determined that
an environmental review had not been performed on
the issue of the annexation, but that it has since
been performed. He noted that the 45-day period
for the referendum petition would begin after pas-
sage of this ordinance.
ORR MOVED to adopt Ordinance No. 3064 annexing the
West Hill Island, subject to the City' s existing
indebtedness and to the zoning requirements of the
Kent City Code. White seconded and the motion
carried.
COUNTY-WIDE (CONSENT CALENDAR - ITEM 3C)
POLICIES Ratification of County-Wide Policies. AUTHORIZA-
TION to set September 1, 1992 , as the date for a
public hearing on the ratification of county-wide
policies. The Growth Management Plan and Council
(GMPC) prepared draft policies for consideration
by the King County Council and city councils. A
memo of the county-wide planning policies and
ordinance adopted by King County were sent to the
councilmembers on August 11 for their preliminary
review.
BUDGET (CONSENT CALENDAR - ITEM 3F)
1993 Budget Workshop. AUTHORIZATION to set August
31 from 8 : 00 a.m. until Noon as the date and time
for a workshop on the 1993 Budget, as requested by
Council . The workshop will be held at the Senior
Center.
(OTHER BUSINESS - ITEM 4A)
Deletion of Vacant Positions. As requested by the
City Council at their meeting of July 21, 1992,
three ordinances have been prepared for consider-
ation.
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August 18, 1992
BUDGET One ordinance would delete all 52 . 25 vacant
citywide positions and associated salary credits
that appear in the 1992 budget. These positions
deleted would not include recent layoffs but in-
clude 16. 0 1991 positions that were never filled
plus 36.25 positions that were vacated in 1991 and
1992 by July 31, 1992 and not replaced. (Option A)
An optional ordinance would delete ONLY the 36. 75
general fund, vacant through 7/31/92 , positions
and would not include the recent layoffs. (Option
B-1)
Another ordinance would delete ONLY the 15. 5
non-general fund, vacant through 7/31/92 ,
positions and would not include the recent
layoffs. (Option B-2)
Finance Director McCarthy noted that deleting the
vacant positions has no budgetary impact, assuming
that those positions were kept frozen through
1993 . He added that deleting them cleans up the
budget and allows for more realistic forecasting.
He noted that deleting the vacant positions may
result in the deletion of high priority positions,
and that it may be inequitable since some depart-
ments have had more vacancies than others. He
noted that department reorganizations may be
required. He distributed copies of comments writ-
ten by the Police Chief, the Fire Chief and the
Public Works Director proposing that certain posi-
tions not be deleted. McCarthy explained for the
Mayor that although the Executive Committee has
discussed vacant positions, they have not reviewed
those positions. McCarthy explained for White
that the positions from Public Works just came to
the Executive Committee last week, and that the
Human Resource Department is analyzing them. Rose
Nelson of the Human Resources Department noted
that at least one field supervisor should be
hired, that no determination has been made on the
other two positions, and that a decision could be
made by the next Council meeting. White asked
about the Fire positions and McCarthy explained
that the Executive Committee has determined that
they would be frozen, since they were vacant and
are not scheduled for any review by the Executive
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August 18 , 1992
BUDGET Committee. He noted that departments have been
asked to prepare a memo outlining why they would
not want to delete certain positions. White
pointed out that although this was requested a
month ago, there is still not adequate information
to take action. Woods noted that three of the
four Fire positions are positions vacated in 1991
and that at the last meeting it was suggested that
flexibility be available. Fire Chief Angelo said
that the difficulty is that positions come open
for random reasons and that certain positions have
to be filled one way or another, which may mean
eliminating a program. He added that in the
future when positions can be filled, the vacant
positions may not be the most critical positions.
He said he would like to be able to reshuffle
which positions to fill and which to leave vacant,
adding that it may not be easy to pass another
ordinance filling positions if they are all
deleted. He suggested if it is not acceptable to
leave the positions that were filled but vacated
in 1992 , to at least leave the position titles in
by ordinance and remove the funds. He added that
there are also morale and labor impact issues that
should be considered.
Public Works Director Wickstrom noted that there
are 14 . 5 Public Works positions affected, 7. 5 of
which are in the general fund which he does not
have a problem with deleting. He expressed con-
cern about those in the enterprise funds, noting
that they are self-supporting with no impact on
the general fund. He noted that the City has a
lot of infrastructure to be maintained and he does
not have the manpower to do it. He said it is
almost a crisis situation in the water utility,
which is a health and safety issue. Woods stated
that some of the issues raised by Angelo,
Wickstrom and Crawford would better be left
resolved by the Executive Committee and brought
back to Council, and suggested considering the
deletions tonight in an incremental fashion. SHE
MOVED for a substitute ordinance to eliminate the
positions that were created new for the 1991
budget but not filled, and to request that Admin-
istration then bring forward at the next Council
meeting a more deliberative explanation as to
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August 18, 1992
BUDGET which positions should be retained and which
should be eliminated, and that it be done in a
manner which gives the department heads maximum
flexibility. White seconded. Wickstrom noted
that he has one position which would be in that
category and it is one he would not want to give
up. Orr offered a friendly amendment that the
positions mentioned be only those budgeted for the
general fund for 1991 and never filled. Woods
agreed to the amendment and Wickstrom said that it
would address his concerns. Mann asked what the
advantage to deleting the positions is, since it
does not affect the budget. The Mayor pointed out
that if the Council deletes positions, it puts the
decision for those deletions in their hands, but
if more positions are created and authorized by
the Council than the City can afford, then Admin-
istration must decide which positions are reduced.
White agreed that one way for the Council to con-
trol the finances of the City is by deleting these
positions and noted that they could be recreated
in future budgets. Mann said it was his under-
standing that it is the purpose of the Council to
set policies, not to get involved in the adminis-
tration. He spoke in favor of leaving the posi-
tions as they are. White disagreed, noting that
this is a budget item and it is their obligation
to balance the budget. Bennett noted that budgets
are based on the economy at the time, and that
times have changed since the budget was created.
He added that if more reductions are to be made,
that those people should be made aware so that the
other 500+ employees can get on with running the
City.
Doolittle noted that during the budget hearings
the talk was of deleting 26 positions, and that
the figure is now 56 . He said he hopes the memos
mentioned tonight and any other presentations made
would be made a part of the record. He said it is
ironic that less than a month ago when the Human
Resources Director was able to go City-wide, he
pulled 13 people out of the air to be laid off, in
some cases over the objection of the department
managers, because he knew more about every person
working for the City than the people who supervise
them on a daily basis, but that there is no testi-
mony tonight from him on any of these positions
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August 18, 1992
BUDGET which won't be filled. He added that Mr. Chow
and the Finance Director also have not spoken.
Doolittle said he would like to know which of the
56 positions the Human Resources Director thinks
are needed and which are not.
The Mayor clarified for Doolittle that the process
to deal with attrition is that when a position
comes vacant it is automatically frozen unless the
Executive Committee determines that it is an
emergency-type position, and that if a department
head thinks it is an emergency he takes it to the
Executive Committee who hears the issue. He noted
that the Human Resources Director is part of the
Executive Committee. The Mayor added that if
discrimination is involved, it is on the basis of
which functions are urgent and which are not. He
noted that although the Public Works Department
request came in last week, Rose Nelson had stated
that it can be determined soon whether those
requests are legitimate. McCarthy clarified that
the 10. 5 positions are new 1991 positions that
were never filled, and that that is what the
Council wishes to delete. He said that they would
come back later with information on the other
general fund positions. He also clarified that
the positions were not left unfilled because they
were not needed, but because the City did not have
the money to pay for them. He pointed out that if
these positions were filled, then other currently
filled positions would have to be deleted, which
would mean more layoffs. He explained for White
that he submitted a budget which showed salary
credits which assumed that the 26. 5 positions in
the general fund would never be filled. He noted
that some departments and Councilmembers wanted
the positions on the books, therefore they needed
an offsetting amount. He stated that the budget
said there are more positions than the City can
afford to pay. He added that the proposal to get
them off the books would bring the City to a more
realistic number of positions.
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August 18, 1992
BUDGET Fire Chief Angelo said he has no arguments with
the unfilled new positions. He said that he has
been to the Executive Committee regarding two of
the positions, which is why he listed the four he
did, but that as far as he knows there is no
additional review scheduled for them. He noted
that with respect to cost, he has been paying out
the same amount as he would have if he had
promoted an individual. He said there are some
factors which may be worth considering.
Police Chief Crawford said that he agrees with
what the Council originally suggested by deleting
the positions so that there is no confusion, and
that he is willing to return and debate why posi-
tions should be added. He said his memo was in
regard to the Criminal Justice fund which is
outside the general fund, and he does not want to
see deletion of the Criminal Justice positions.
City Attorney Lubovich noted that Ordinance B-1 in
the packet could be used, if modified as reflected
in Exhibit A regarding the 10. 5 positions. Woods
and White agreed. The motion then carried unani-
mously on a roll call vote. The Mayor noted that
Administration will bring back alternate proposals
based upon the outcome of the Executive Committee
and their findings regarding the other positions
at the next meeting.
HUMAN (CONSENT CALENDAR - ITEM 3D)
RESOURCES Workers Compensation Claims Handling Contract.
APPROVAL of renewal of the claims handling and
payment contract, auditable annual deposit con-
tract payable quarterly. Fees are per medical and
per indemnity claim and per hour of engineering
services for such items as air quality survey' s,
sound abatement studies and the normal Labor &
Industries certified instructor annual training
requirements. The deposit last year was exceeded
because of engineering hours, not claims, as the
actual number of claims and fees were less than
projected.
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August 18, 1992
HUMAN (CONSENT CALENDAR - ITEM 3G)
RESOURCES REMOVED BY COUNCILMEMBER WHITE
WCIA Interlocal Agreement. ADOPTION of Resolution
No. 1320 which amends the City' s existing inter-
local agreement with the Washington Cities Insur-
ance Authority. The amendment changes the agree-
ment so that, in the future, a vote of 2/3 of the
70 member cities - rather than a unanimous vote -
would be sufficient to amend the agreement. The
amendment also includes numerous "housekeeping"
corrections.
White asked what condition the City is in
regarding insurance and how Kent is rated with the
Washington Cities Insurance Authority. Ken
Chatwin of the Human Resources Department
responded that the City is in good standing, but
that there are concerns about some of the types of
claims the City has had. He added that it is not
something that has jeopardized the availability of
coverage nor resulted in an unusual surcharge. He
also explained for White that the City has the
highest rate of any city in WCIA because it is the
largest city in the program and the rates are
based on worker hours. He added that the rate per
hour is based on prior experience, and that the
1993 assessment year will be based on 1991 worker
hours. He noted that the City paid a little over
$800, 000 last year and anticipates that the
premium for 1993 would be at least $900, 000. He
noted that if the City went to a $250, 000 reten-
tion plan the premium would be $316, 000 for 1993 .
White asked Chatwin to make a report, and
recommendations if changes are needed, at an
Operations Committee meeting in the future. HE
THEN MOVED for approval of this item. Woods
seconded and the motion carried.
(OTHER BUSINESS - ITEM 4C)
ADDED BY COUNCILMEMBER JOHNSON
Budget Ordinance. Councilmember Johnson distrib-
uted copies of Ordinance No. 3065 amending the
budget ordinance as it relates to the City Admin-
istrator position, and MOVED for its adoption.
White seconded. Johnson explained that this ordi-
nance removes the funds for the City Administra-
tor' s position from the budget, and that the
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August 18 , 1992
HUMAN ordinance would be effective thirty days from
RESOURCES passage. He stated that he offered the ordinance
as the first step in trying to help establish
better control over the budget situation facing
the City and requested the Council 's support.
Upon a roll call vote, the motion to adopt
Ordinance No. 3065 carried 5-1, with only Mann
opposed.
(OTHER BUSINESS - ITEM 4D)
ADDED BY COUNCILMEMBER JOHNSON
Resolution Regarding Mayor. Johnson distributed
copies of Resolution No. 1321 and MOVED for its
adoption. White seconded. Johnson noted that the
resolution declares the City Council ' s lack of
confidence in the Mayor and his ability to effec-
tively manage the administrative affairs required
of his office and requests that he resign from his
position as Mayor effective immediately. There
was no discussion on the motion to adopt Resolu-
tion No. 1321 and it passed 5-1 on a roll call
vote, with only Mann opposed.
(OTHER BUSINESS - ITEM 4E)
ADDED BY COUNCILMEMBER WHITE
Labor Negotiations. White voiced concern that
Human Resources Director Olson has turned over
negotiation of labor contracts to other individ-
uals in the Department, and asked about the quali-
fications and experience in negotiating contracts
of Alana McIalwain and Rose Nelson. Olson
explained that the Mayor had asked him if Ms.
McIalwain could be involved in labor negotiations,
since she has expressed an interest in this field.
He noted that she has worked in the Personnel/
Human Resources field at a bank in the past, and
that after speaking with her he agreed to assign
her to be the chief negotiator for the Corrections
contract. He added that Police Captain Chuck
Miller is also involved, that he has 15 years of
experience in labor negotiations and that he would
be a valuable help to McIalwain. Olson stated
that Rose Nelson has extensive experience in the
labor relations field, having been Personnel
Manager for a division of the Oregon Retirement
System. He said that her credentials are
impeccable and he has a great deal of confidence
in her. He noted that he would be working with
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August 18 , 1992
HUMAN and overseeing both individuals in the administra-
RESOURCES tion of the contracts.
white noted that Olson had stated earlier this
year that he would be handling all six of the con-
tracts, and said that a year where there is a
budget crisis is not the time for on-the-job
training in negotiations. He said he takes excep-
tion to the way in which this is being handled.
PARKS & (CONSENT CALENDAR - ITEM 3E)
RECREATION First Avenue Mural by Roger Broer. APPROVAL of
the selection of artist Roger Broer to complete an
original painting for the City of Kent Art Collec-
tion and mural of the same design to be placed at
First Interstate Bank. Mr. Broer' s work was
selected by the Project Jury. Mr. Broer is an
accomplished Kent artist who has exhibited his
work nation-wide and has worked in the collections
of the Department of the Interior, Seafirst and
Pierre Cardan. The completed mural will measure
613" x 719" .
POLICE (CONSENT CALENDAR - ITEM 3H)
Drug-Free Zones. ADOPTION of Ordinance No. 3061
establishing drug-free zones depicting the loca-
tions and boundaries of the area of one thousand
feet of Kent School District schools and/or school
bus route stops and facilities for the purpose of
enhanced penalties for crimes involving the manu-
facture, sale or delivery of controlled sub-
stances.
COUNCIL (CONSENT CALENDAR - ITEM 3K)
Council Absence. APPROVAL of a request from
Councilmember Houser for an excused absence from
the August 18 , 1992 City Council meeting since she
will be out of town that day.
FINANCE (CONSENT CALENDAR - ITEM 3B)
Approval of Bills. Approval of payment of the
bills received through August 14, 1992 after
auditing by the Operations Committee at its
meeting at 3 : 00 p.m. on August 18, 1992 .
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August 18, 1992
FINANCE Approval of checks issued for vouchers:
Date Check Numbers Amount
8/1-8/14/92 121256-121721 $2 , 794 , 515. 01
Approval of checks issued for payroll :
Date Check Numbers Amount
8/20/92 01175821-01176299 $ 675, 689 . 97
(CONSENT CALENDAR - ITEM 3J)
Parking Citation Collection Contract. AUTHORIZA-
TION for the Mayor to sign a contract with Renton
Collection Services to provide collection services
on unpaid parking citations. Requests for propos-
als were received from two collection agencies,
Puget Sound Collections and Renton Collections.
Both offered to provide services that would charge
the individual who had received the parking cita-
tion a fee. Puget Sound Collection offered a 35%
fee and Renton Collection offered a 30% fee.
Renton Collections is the recommended vendor and
was selected because of their experience with
other municipalities. They were highly recom-
mended by the Cities of SeaTac, Renton and Black
Diamond. This is a no cost item to the City.
REPORTS Public Safety Committee. Mann announced that
there will be one Public Safety Committee meeting
in September, and that it will be held at 5: 30
p.m. on Monday, the 14th.
ADJOURNMENT The meeting adjourned at 8 : 30 p.m.
Brenda Jacober CMC
City Clerk
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