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CITY OF TUCUMCARI MINUTES June 12, 2008
The Tucumcari City Commission met for their regular meeting on Thursday, June 12, 2008, at 6:00 p.m. in the City Commission Chambers. Members present constituting a quorum were Jimmy Sandoval, Jim Lafferty, Antonio Apodaca, Robert Lumpkin, and Jim Witcher.
City staff members present were John R. Sutherland, Jr., City Manager; Jeannette Maddaford, City Clerk; Marty Garcia, Finance Director/Assistant City Manager; Erin Baca, Administrative Assistant; Doug Powers, Community Development Director; Elizabeth Morris, Community Development Grant Writer; Police Chief Roger Hatcher; Scott Simpson, Recreation Director; Cathy Estrada, Code Compliance Officer; Keith Henderson, Deputy Emergency Management Officer; Joe Ramirez, Wastewater Treatment Superintendent; and Florence Quintana, Utility Billing Officer.
Reverend Iola Allender, Retired Presbyterian Church Minister, gave the invocation and Commissioner Robert Lumpkin led the group in the Pledge of Allegiance.
Consideration of Deletions to Agenda
Mayor Apodaca asked that Item F - Engineers Service Agreement - Sands Dorsey Drug - W. H. Pacific, Inc. under Bids and Contracts be moved up after Proclamations. Item C Approval for Main Street Clean Up under New Business be deleted from the Agenda.
Approval of Minutes
A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Lumpkin to approve the minutes of the May 22, 2008 regular Commission meeting and the minutes of the May 27, 2008 Special meeting. Roll Call:
Apodaca Lumpkin Witcher Sandoval Lafferty Yes Yes Yes Yes Yes
Approval of Vouchers
A motion was made by Commissioner Lumpkin and seconded by Mayor Pro Tem Witcher to approve the City vouchers. Roll Call:
Lumpkin Witcher Sandoval Lafferty Apodaca Yes Yes Yes Yes Yes Items from Citizens
None Proclamations
Mayor Apodaca paid tribute to the Little League Volunteers and recognized National Little League Week in Tucumcari June 9 - 15, 2008. Commissioner Lumpkin presented the proclamation to Artie Molinas and Marty Garcia, representatives of the Tucumcari Little League Association, who explained the parents, volunteers, concession workers, coaches, etc. were involved with games tonight, but did appreciate the honor from the Commissioners. Garcia thanked the City of Tucumcari on behalf of the Little League for the facilities, water, lighting, maintenance of the fields, and labor.
Bids and Contracts
Steven Quintana, Professional Structural Engineer with W. H. Pacific, Inc. presented a slide show and update on the Sands Dorsey Building following his second tour of the building prior to the meeting. He pointed out where problem areas where water had washed away mortar between the bricks in the foundation and walls; cracks in the walls; hinge points where cracks in the walls cause movement in the walls; asbestos in the walls; possible other chemicals in the basement which will require an environmental investigation; the chimney has missing bricks; the brittle clay brick next to the west building; and the leaning walls. He stated that normally as an engineer, this is a demolition situation, but there are some concerns he has environmentally as he was not sure what is involved and what the recommendation of the environmentalists will be, but if there are some toxic and hazardous substances other than asbestos, there are some requirements and controls that are needed to move certain types of items from the building. He stated it could range up to 2.5 million dollars to keep tracking records of the substance as it is remove from one point and to the disposal site. If there is nothing found, it could be done for $350,000 to $500,000 for the demolition, protection of the building to the west, public protection, and the sealing of the basement to prevent contamination of water sources. He noted he had read the newspaper where someone wanted to preserve the building and did not feel the 2006 Building Code which is more stringent than 2003 Code would make it feasible as it would require spending a lot of money on a building that may not even be habitable or even useful as a Museum. Mayor Apodaca stated that the State Historical Preservation Act requires the City to do everything possible to preserve historical buildings. Mr. Quintana replied that if the City declared it an unsafe building and hazardous to the public, then the City would have justification to ask the State Preservation Historical Officer to take a look at the building along with the Construction Industry Division to see if they agree with that option. Then this would alleviate a lot of research on the building. He noted that it would cost a lot to take the building down and then build it back as it stood. Mayor Pro Tem Witcher reiterated that it appears Mr. Quintana’s opinion is the building should come down. He asked it would be possible to implode the building to protect the public as well as the adjoining business to the West and do the testing for the contaminants. Mr. Quintana stated the testing would have to be done ahead of time and the cost for the testing will be approximately $12,000 according to his proposal for the testing and developing a plan of action, if needed. He said it was not feasible to implode the building because there are too many ties to the adjacent building. He thought it would be best to remove part of the building in increments until it gets down to a point it will not fall on the adjacent building. Since he is not sure how the two walls are tied together, the brick may have to be taken down by hand. Commissioner Lafferty asked about the timeframe for W. H. Pacific, Inc. to complete their portion of the work. He stated that it would take the environmentalists two to three weeks to get their portion completed and then it would take him three weeks to get his portion completed and get contracts set up, but all his is relative to the environmental analysis. He stated the environmental analysis does not link into the historic portion. When asked about the public meeting mentioned in the Engineering Agreement, Mr. Quintana stated that this meeting was the public meeting as he needed to address the issues of reconstruction, rehabilitation, or demolition with the Commissioners after his second evaluation of the building. Lafferty asked if there was any opportunity to make the building safe and save some money by taking off the top layer of the building. Mr. Quintana said he has thought about it, but then thinks about the west wall on one side and the basement on the ground floor and keeping the water out of that segment. He thought maybe the foundation could be left, but the basement would have to be encapsulated. He did not recommend leaving any of the wall because at some point the mortar will become loose. When asked how he rated the building on the need to come down, Mr. Quintana said he rates based on public safety and protection of private property second, so he gave the building a 9 or 10.
Resolutions and Ordinances
RESOLUTION 2008-19 A RESOLUTION APPROVING PARTICIPATION IN THE NEW PROGRAMS OF THE EASTERN PLAINS COUNCIL OF GOVERNMENTS FOR FISCAL YEAR 2008-2009. City Clerk Jeannette Maddaford reported that the Resolution was for the annual renewal of services provided by Eastern Plains Council of Governments at an annual cost of $1,840. Mayor Pro Tem recommended the renewal of the Agreement because EPCOG help the City with various programs. Mayor Apodaca recommended the renewal because of their work with New Mexico Workforce Investment Act, which is under their umbrella, and they are doing an excellent job. Commissioner Lumpkin made a motion and Mayor Pro Tem Witcher seconded the motion to approve Resolution 2008-19 which will renew the Agreement with Eastern Plains Council of Governments for 2008-2009. Roll Call:
Witcher Sandoval Lafferty Apodaca Lumpkin Yes Yes Yes Yes No
Jim Lafferty volunteered to serve as the alternate to the Eastern Plains Council of Governments.
City Manager’s Report
Keith Henderson, Deputy Emergency Management Officer, gave an updated to the Commissioners on the emergency warning system saying the Fire Department took a look at the two sirens and found they were manufactured in 1959 according to the serial numbers. There is no possibility of adding a battery backup to each so there would be no warning system if the electricity went out. The siren located in the alley near Aber and Adams only has one test tone that works and might be heard a block a way. There might be a compressor or belts broken. The large box that sits on a platform could not be checked as the brackets holding it were weak or broken, so City carpenters will make the brackets stable, so the firemen can continue checking it out. The siren in the alley between First and Second Streets off Evans Street does rotate and there is a little sound, the radio antenna is broken, and it only has one tone. Next week they will be inspecting each siren more thoroughly.
Scott Simpson, Recreation Director, reported the pool was opened on May 24 and the attendance is approximately 100 children per day when the wind is not blowing. The Recreational Center has not had too high of attendance, so following head counts each weekend, the City has decided to close the Recreation Center on weekends for the summer. He noted the skate park in back of the Recreation Center is being used. He also reported that tonight was going to be the first night of adult, co-ed softball regular season with twelve teams and approximately 300 participants. He noted that Little League was going to host two All Star games in Tucumcari, so they will be making the park look nice for the people coming in from out of town. He reported he lost a part-time employee, so they are in the process of hiring in the near future.
Chief Roger Ham gave the monthly police report of 4 ambulance calls for month of May which means an officer is requested for an ambulance run. He noted the Police Department has been very busy during the month. They have gotten their new phone system with six lines working. Currently they are trying to determine whether to go with a T-one line or a numbered line. He indicated the T-one line could save on monthly charges. They should know something from Qwest and Plateau next week, so they can move forward. He acknowledged that the Department of Finance and Administration has allowed the Police Department to borrow from their Law Enforcement Protection Fund to cover the expense of the phone system with the understanding should they get the money from insurance or another grant, they are to repay that portion received. A meeting was held with the Harding County Commissioners about sharing the dispatch operating costs incurred by the City of Tucumcari. Harding County plans to attend the June 25 Regional Dispatch meeting. Invitations will be sent to the thirty-six emergency response groups that are dispatched through the City of Tucumcari PSAP, which serves the biggest area in New Mexico. He commended his dispatchers for the work they do. In addition to the invoicing of other emergency response groups, he will be applying for grants to assist with the dispatch expenses. He pointed out that Harding County is paying a surcharge on their land lines and cell phones, yet none of that money is going toward the dispatch services. This money is earmarked for infrastructure, but since Tucumcari has their infrastructure, they are in need of operating money. Another area that needs to be addressed is the State Police being the back up PSAP to the City as they do not have any equipment for dispatching city and county fire and ambulance departments, sheriff, city and village police, etc. So they will be requesting that the State provide money to the State Police for Public Safety Answering Point equipment. He reported there has been some confusion in regards to the 461-2160 line that is listed as the Police Department’s non-emergency phone number. He stated that he does not want the dispatchers tied up answering this line taking messages for the officers and other police personnel, so he will be on the radio to get the word out to the public.
Joe Ramirez, Waste Water Treatment Plant Superintendent, reported on the pump problems and the long work hours the Wastewater Treatment Plant has been enduring for the last three months. He reported that a headworks rehabilitation project is about to begin so there is light at the end of the tunnel. They have repaired the pumps, the Wastewater Treatment Plant is flowing as it should, and the reports submitted to EPA are coming back good. He has gone to a 24-hour operation with his five employees, allowing them one day off. He stated if the contract with the engineering firm is approved tonight, then they will give the go ahead for the construction company to start on the preliminary starting date of July 7, 2008.
City Manager Sutherland reported he attended a great Conference on May 29 and 30 on “Building Great Streets and Town Centers” at the UNM School of Architecture hosted by the MainStreet organization. He stated it was an opportunity to get MainStreet organizations and the New Mexico Department of Transportation to talk and work together to make State Highways which are also City Main Streets liveable, workable, walkable, and pretty to look at besides being highway thorough fares. On June 9, he attended a court hearing concerning the ongoing dispute on energy efficiency upgrades to the City of Tucumcari office buildings that was suppose to be done by a contractor several years ago. On June 9, he attended the Greater Tucumcari Economic Development Corporation. June 11 he met with Gordon Environmental to prepare for the afternoon meeting with the New Mexico Environmental Department. There are still some very challenging issues concerning the closure and post closure of the Tucumcari Landfill which will not be cheap. The meeting was to gain concurrence with the New Mexico Environment Department and the engineering firm on what parameters need to be addressed in the City’s closure and post closure plan by the deadline of August 2. The City’s engineer proposes the City be allowed to use the old landfill for an additional eighteen months. There is the issue of groundwater contamination at the City’s old landfill. While it does not appear the contamination is not coming from the landfill, EID is resolute that the City is responsible for addressing and monitoring the problem, especially as part of the closure and post closure plan. On Tuesday, June 17, there will be a community organizational planning meeting for the Racino at 6:00 p.m. at the Convention Center. June 25, there will be a ribbon cutting and Grand Opening Celebration at the new Glenrio Visitors Center at noon. Commissioners who are planning to attend the New Mexico Municipal League Annual Conference in Clovis were reminded to return registration materials to the City Clerk. On Friday, June 27, there will be a 75th Anniversary Celebration at Conchas Dam, the largest New Deal Project in New Mexico. The Commissioners were asked to consider scheduling a work session on the afternoon of Monday, June 23, 2008, to review the new proposed Personnel Policy Procedures.
Bids and Contracts
City Manager John Sutherland reported the evaluation committee had reviewed the Requests for Proposals that had been received for dental insurance. Since Dental Blue received the high score from the evaluation committee, Mr. Sutherland recommended Dental Blue. A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Lumpkin to award the bid to Blue Cross Blue Shield/Dental Blue as the City’s dental insurance carrier. Roll Call:
Sandoval Lafferty Apodaca Lumpkin Witcher Yes Yes Yes Yes Yes
Sutherland noted that Requests for Proposals had been submitted for Vision, Life, and Accidental Death and Dismemberment insurance with Blue Cross Blue Shield being ranked the highest by the evaluation committee. He noted that this insurance would be bundled with Blue Cross Blue Shield Dental which would provide the City with even more savings. He recommended the approval of Blue Cross Blue Shield for vision, life, and AD&D. A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Lumpkin to award the bid to Blue Cross Blue Shield for the vision, life, and AD&D. Roll Call:
Lafferty Apodaca Lumpkin Witcher Sandoval Yes Yes Yes Yes Yes
Elizabeth Morris, Community Development Grant Writer, presented the contract with LCI2, Inc. for the Wastewater Treatment Facility Improvements Phase II - Solids Handling Headworks Modifications noting that the engineering firm of HDR, Inc. had done a good job helping the City work step by step through the process and got a good price the City can make work for this project. A motion was made by Mayor Witcher and seconded by Commissioner Lumpkin to approve the contract with LCI2, Inc. for Wastewater Treatment Facility Phase II Improvements. Roll Call:
Apodaca Lumpkin Witcher Sandoval Lafferty Yes Yes Yes Yes Yes
Morris, Grant Writer, presented the Litter Control and Beautification Grant Agreement No. 09-418-6001-0049 which is an annual grant for youth organizations to perform community cleanups throughout the City. A motion was made by Mayor Witcher and seconded by Commissioner Lumpkin to approve the Litter Control and Beautification Grant Agreement in the amount of $12,400. Roll Call:
Lumpkin Witcher Sandoval Lafferty Apodaca Yes Yes Yes Yes Yes
Grant Writer Elizabeth Morris presented the recommendation of award from the engineering firm, Wilson & Company, Inc., for the Tucumcari Rail Depot Asbestos and Lead Paint Abatement Project who recommended GWC Construction, Inc. for the project who bid $184,896 including gross receipts tax. The contractor explained the high cost was due to the removal of the lead paint. After negotiations, the contractor agreed to stabilize the exterior lead paint versus the application of chemicals to the surfaces to remove the paint thus protecting the existing building materials and lower the cost of the work. The revised bid proposal was submitted for $114,403.92 including gross receipts tax. Full approval from the Historic Preservation Society was received May 8. City Manager Sutherland recommended approval. A motion was made by Commissioner Lumpkin and seconded by Mayor Pro Tem Witcher to approve the bid of $114,403.92 from GWC Construction for the Rail Depot Asbestos and Lead Paint Abatement Project. Roll Call:
Witcher Sandoval Lafferty Apodaca Lumpkin Yes Yes Yes Yes Yes
City Manager Sutherland presented the Sands Dorsey Drug Engineers Service Agreement with W.H. Pacific, Inc. for $68,000 which will include NM Construction Industry Division plan of action, environmental analysis, surface/subsurface/utilities, demolition/construction, and testing of 20 samples. Commissioner Lafferty inquired where the money would come from for this expense. The City Manager reported that money had been set aside from the clean up money in the Economic Development Fund. He also stated that he hated to spend money that brings the City no value. Commissioner Lafferty asked about the race track and casino coming to town and the related expenses the Greater Tucumcari Economic Development Corporation would incur should it become a reality, would there be other money to cover this expense such as the other set aside money. Mayor Pro Tem stated there was other funding and the staff could bring the information to the next Commission meeting. A motion was made Mayor Pro Tem Witcher and seconded by Commissioner Lumpkin to approve the Sands Dorsey Engineering Services Agreement with W.H. Pacific, Inc. for $68,000. Roll Call:
Sandoval Lafferty Apodaca Lumpkin Witcher Yes Yes Yes Yes Yes
Old Business
Mayor Apodaca acknowledged reading the Planning and Zoning Commission minutes of April 22, 2008 and May 6, 2008.
New Business
Phillip Griggs, Elks Past Exalted Ruler and Fireworks Committee Chairman, came before the Commission to ask for continued support of the fireworks for the Fourth of July Celebration. Commissioner Lumpkin commended the Elks for putting on a great show every year. Griggs reported the Elks Club has put the fireworks display on for the area residents for seventeen years. A motion was made by Commissioner Lumpkin and seconded by Mayor Pro Tem Witcher to approve the expenditure of $2,800 to assist with the purchase of fireworks for the Fourth of July display. Roll Call:
Lafferty Apodaca Lumpkin Witcher Sandoval Yes Yes Yes Yes Yes
Cathy Estrada, Code Compliance Officer, reported that she had been approached by Master Mark Anthony Baca of the American Karate Studios about painting the benches and picnic tables at Kvols Park with colorful colors to cover the graffiti. The Karate Studio will provide the paint and the labor. A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Lumpkin to approve the painting of the picnic tables and benches at Kvols Park by the American Karate Studio students. Roll Call:
Apodaca Lumpkin Witcher Sandoval Lafferty Yes Yes Yes Yes Yes
Due to the New Mexico Racing Commission meeting in Tucumcari on Thursday, July 24, at the same time as the City Commission meeting, it was a consensus of the Commissioners to change the meeting date to Tuesday, July 22, 2008, at 6:00 p.m. Also on August 14 the Commission meeting date is in conflict with the New Mexico Municipal League Annual Conference, so by consensus of the Commissioners, the meeting was changed to Tuesday, August 12, 2008, at 6:00 p.m.
City Manager reported that the Greater Tucumcari Economic Development Board was recommending Dr. Hans Kuss as a representative from the private sector on the Eastern Area Workforce Development Board to replace the late Bettie Ditto. Mayor Apodaca reported he attended the Workforce Development Board meeting on June 10 in Roswell and stated the Board does important work and the Labor Department-Tucumcari Workforce Development Center receives their funding through the Board. He stated representation is needed on the Board for Quay County and the municipalities in Quay County, so he highly recommended Dr. Kuss. Dr. Kuss introduced himself explaining that his white hair represented knowledge and tenacity and that he was an ex-officio member of the Workforce Development Board and was very interested in the work of the Board due to being a former college president where he brought programs in that generated economic development and is looking forward to doing that for the City of Tucumcari. A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Lumpkin to approve the appointment of Dr. Hans Kuss to the Eastern Area Workforce Development Board. Roll Call:
Sandoval Lafferty Apodaca Lumpkin Witcher Yes Yes Yes Yes Yes
City Manager Sutherland reported a letter of support for the Eastern New Mexico Rural Water Supply Project will be prepared if approved by the Commissioners to be sent to U.S. Senators Domenici and Bingaman and Congressman Udall which would put the City of Tucumcari on record in support of the pipeline project thus showing the City’s mutual support along with the Ute Water Commission and the Eastern New Mexico Rural Water Authority. A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Lafferty to approve the letter in support for the Eastern New Mexico Rural Water Supply Project. Roll Call:
Lafferty Apodaca Lumpkin Witcher Sandoval Yes Yes Yes Yes Yes
Danielle Gallegos with the Greater Tucumcari Economic Development Corporation presented a request for approval of a loan of $66,340 with 3% interest to the Tucumcari Golf Course for equipment and course upgrades from the 1/8th% Economic Development Gross Receipts Tax to be repaid from the golf shed land use fee. City Manager Sutherland stated the loan would continue the support that the Golf Course received in the past, noting the Golf Course will be paying off their prior loan this month for the drilling of a water well and in October another loan will be paid off, therefore, Mr. Sutherland recommended approval. A motion was made by Mayor Pro Tem Witcher to approve the loan to the Golf Course as he noted it was a very important part of economic development for the city. Commissioner Lumpkin seconded the motion. Roll Call:
Apodaca Lumpkin Witcher Sandoval Lafferty Yes Yes Yes Yes Yes
Commissioner Lafferty noted that he had requested the Personnel Policy to be on the agenda since he knew the City Manager was working on the Policy and wanted to be a part of the process.
Commissioner Lafferty reported the Budget Report agenda item would be taken care when the Finance Director gives his standard report.
Finance Director Garcia reported the entire City is still looking pretty good as there is still 8.3% of the budget year still remaining and all departments are under that amount at the end of May. He stated that he would have some end of the year budget revisions for the Commissioners before July 31. Garcia added one more thing about Little League noting that the large amount the Elks Lodge donates to Little League. He also recognized many of the men in the audience that donated time to Little League over the years.
Mayor Pro Tem Witcher asked if the City had heard from the auditors. It was reported the auditors would have the report to the City by the end of June and they were sorry their scheduling problems had delayed the delivery of the report to the City.
Commissioner Lafferty asked about the March DFA Report and Garcia said he was still working on it, but would put it in each Commissioners box when completed.
Commissioner Lafferty asked about the Street Department being over budget. Garcia explained that DFA looks at the General Fund departments as a whole, so as long as the total of all departments are within the budgeted amount, then it is acceptable. Commissioner Lafferty asked if the Finance Department had a game plan for the departments that are over budget. He stated that the General Fund has 15.5% remaining in the budget which is enough to cover almost two months. Lafferty asked if the Finance Director was going to straighten out the line items that had gone over budget during the July budget revision process. Garcia said it would be up to the Commissioners if they wanted to straighten out line items or departments.
Items from Commissioners
Commissioner Lumpkin had another letter to present. He noted in Washington there is a renewable energy production tax credit which is an incentive for people building windfarms and solar powered plants. The bill has not passed yet because there are a lot of other things attached to the bill. He noted that there are twenty-five states that require the electric companies to purchase a percentage of their electricity from renewable energy sources. He pointed out if the larger cities have difficulty acquiring renewable energy to meet the federal standard, then New Mexico, Kansas, Oklahoma, and Texas (the wind corridor) can produce it for other areas of the United States. He asked the members of the City Commission to endorse the letter that goes to the New Mexico Congressional delegation to encourage them to pass the renewable energy incentives. He reminded the group that the San Jon Wind Farm was not built until the renewable energy production tax credit was passed in Washington and soon thereafter, additional windfarms were built in Santa Rosa and Elida. He noted that Eastern New Mexico would greatly benefit from the passage of the bill. It was a consensus of the Commissioners to sign the letter.
Commissioner Lumpkin noted that he was going to work to use the City’s wastewater for local farmers due to the lack of water in the irrigation project.
Mayor Pro Tem Witcher reported that he had attended the Eastern New Mexico Council of Governments meeting last month. He noted that EPCOG Executive Director Leland Tillman would be retiring near the end of the month. If anyone is interested in attending the reception, let him know.
Commissioner Sandoval reported that his constituents brought to his attention the condition of the basement at the Recreation Center following it being opened due to the threat of a tornado. He asked some lighting, paint, and handrails be added for the next time there is an emergency.
Lafferty - no comment.
Mayor Apodaca reported for the record that he attended the Eastern New Mexico Workforce Development Board budget and contract meeting in Roswell on May 10. As a member on the Greater Tucumcari Economic Development Commission, he signed a letter in support for the racetrack locating in Tucumcari which was sent to the Governor and the New Mexico Racing Commission members. He reported that when he was campaigning, he was asked if the commissioners had a say on city pay raises and were the city employees going to receive a raise July 1 or on their anniversary date. The employee asked what would happen if the employee retired on their anniversary date and Mayor Apodaca acknowledged that it was not something the Commissioners had considered. He noted that when that was presented to the Commissioners, they did not think about it and he thinks this is something the Commissioners should think about. He thought perhaps the topic could be discussed during the Finance Committee meeting rescheduled for Monday, June 16, at 10:00 a.m. as it was important that an employee not miss out on a raise.
Adjournment
There being no further business, a motion to adjourn was made by Mayor Pro Tem Witcher and seconded by Commissioner Lumpkin. Time noted 7:35 p.m. Roll Call:
Lumpkin Witcher Sandoval Lafferty Apodaca Yes Yes Yes Yes Yes
______________________________ Antonio Apodaca, Mayor
ATTEST:
____________________________ Jeannette Maddaford, City Clerk
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