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CITY OF TUCUMCARI MINUTES May 8, 2008
The Tucumcari City Commission met for their regular meeting on Thursday, May 8, 2008, at 6:00 p.m. in the City Commission Chambers. Members present constituting a quorum were Antonio Apodaca, Jimmy Sandoval, Jim Lafferty, 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; Roger Hatcher, Police Chief; Kim Crockett, Police Detective; Charlie Sandoval, Water Superintendent; Keith Henderson, Deputy Emergency Manager; and Elizabeth Morris, Grant Writer.
Reverend David McAfee, Pastor of the Trinity Baptist Church, gave the invocation and Mayor Pro Tem Witcher led the group in the Pledge of Allegiance.
Consideration of Deletions to Agenda
Mayor Pro Tem Witcher asked that Item A under New Business - Information on Renovating City Owned Buildings Through Bonding be placed before Bids and Contracts. Mayor Apodaca noted that it had been requested to delete the Community DWI Grant Application from the agenda under New Business.
Approval of Minutes
A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Lumpkin to approve the minutes of the April 24, 2008 regular Commission meeting. Roll Call:
Apodaca Lumpkin Witcher Sandoval Lafferty Yes Yes Yes Yes Abstain
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
Doug Quarles, citizen of Tucumcari, inquired about the status of the train depot. He also asked that the Sands Dorsey Building be saved as well as open up the alleyway. He noted that cleaning and painting of the town would help the appearance. He pointed out that Route 66 is the longest stretch of the Mother Road still in existence and is a big draw for tourists to Tucumcari. He acknowledged that many residents feel the City needs to clean their property first, and then the townspeople would be more inclined to clean their properties. He also inquired about the area the street sweeper is serving and if the sweeper could be fixed so water could be used with the sweeping to decrease the dust plume that follows the sweeper and have it cover more areas of the City. The loose rocks on Adams Street was also pointed out as being a hazard. He asked that the City Council get involved with more of the activities in the City as UNM architectural students had chosen Tucumcari as their project to present ideas on renovating downtown but their comments and work was not heard by the decision makers since there was no representation from the City.
Catherine Priddy-Bugg, local business person, reported that she had received a letter from the Department of Transportation District 4 Engineer Paul Gray who informed her that Tucumcari’s Main Street is also known as State Highway 238 and the Department of Transportation would be directing traffic away from this highway. She reported that all her maps and Google.com show the street as designated U.S. 54 Business Loop and Main Street but not State Highway 237. She stated if the signs directing people to the U.S. 54 Business Loop are removed, then people will pass through town on the U.S. 54 Bypass and that will kill downtown.
Don Schutte, Rural Area Board member of the Statewide Domestic Violence Task Force, commended Police Chief Hatcher for dealing with the domestic violence issues.
Resolutions and Ordinances
RESOLUTION 2008-15 DESIGNATING THE RETENTION AND DISPOSITION SCHEDULES FOR THE RECORDS OF THE CITY OF TUCUMCARI. City Clerk Jeannette Maddaford reported that the New Mexico Municipal League City Clerk and Finance Officers Association had requested that every municipality adopt a resolution declaring the New Mexico State Records and Archives Rules and Regulations as the official schedule for the retention and disposition of city records. A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Lumpkin to approve Resolution 2008-15. Roll Call:
Witcher Sandoval Lafferty Apodaca Lumpkin Yes Yes Yes Yes Yes
RESOLUTION 2008-16 A RESOLUTION REGARDING APPROVAL OF NEW MEXICO DEPARTMENT OF TOURISM COOP MARKETING PROGRAM APPLICATION. Doug Powers presented the Department of Tourism Coop Marketing Application for Tucumcari billboard funding. A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Lumpkin approve Resolution 2008-16 for the submission of a grant application for $20,000 in matching funds for billboard advertising. Roll Call:
Sandoval Lafferty Apodaca Lumpkin Witcher Yes Yes Yes Yes Yes
RESOLUTION 2008-17 AUTHORIZING AND APPROVING SUBMISSION OF A COMPLETED APPLICATION FOR FINANCIAL ASSISTANCE AND PROJECT APPROVAL TO THE NEW MEXICO FINANCE AUTHORITY FOR THE PURCHASE OF A FIRE RESCUE ENGINE. Elizabeth Morris, Community Development Grant Writer, presented a resolution authorizing the submission of an application by the Tucumcari Fire Department to seek a loan in the amount of $250,000 for the purchase of a fire rescue engine that will be repaid with State Fire Funds. The Department currently has $100,000 to apply toward the purchase. City Manager Sutherland recommended approval. A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Lumpkin to approve Resolution 2008-17 for the submission of a financial assistance application to the New Mexico Finance Authority for a fire rescue engine. Roll Call:
Lafferty Apodaca Lumpkin Witcher Sandoval Yes Yes Yes Yes Yes
New Business
Mayor Pro Tem Witcher noted that he had asked the staff to bring information about funding sources whereby the taxpayers could make a choice through the election process whether to pay for the rehabilitation/restoration of city owned buildings through a gross receipts tax or a general obligation bond which would increase property taxes. He recommended seeking five million dollars for the Sands Dorsey building, the Princess Theater, and other city owned property to return them to a usable condition. Since the agenda included the awarding of a bid for the demolition of the Sands Dorsey building, he asked that the election be considered. Mayor Apodaca asked how the City would avoid the anti-donation law on the Sands Dorsey building since the City does not own it. Mayor Pro Tem explained that a lien had been filed and if the City chose to foreclose the lien, then the building would be owned by the City. Sutherland explained that the City could demolish the building for safety reasons and not have to take ownership of the building. Commissioner Lafferty commented that he was confused as Mr. Witcher had made the motion for staff to move forward on the demolition of the building at a prior meeting. The staff stepped up and went out for RFP’s and the only city lien on the building is for $7,000 for putting up the safety fence around the building. He stated he did not feel comfortable when he cannot get streets fixed in his district to ask the taxpayers to fix the city owned buildings or fix someone else’s property. Mr. Witcher stated that he had the right to change his mind after so many people had asked him to save the building and Mr. Falls had asked the City Commissioners if they had exhausted every avenue.
Mayor Apodaca stated that it was a bad time to talk about raising people’s taxes especially with the high cost of food, fuel, etc. He stated that he was even contemplating looking at the water rate resolution and to try to do something for the community.
Commissioner Lumpkin noted that the Commission does not have enough information to know what it will cost to get the building demolished nor what it would cost to renovated the building, but it does need to be made safe. Also he noted there is money for historical restoration. In addition, the City has voted to take action and has not slowed down. He noted the decision will affect a large number of Tucumcari people and a large number of dollars.
Commissioner Lafferty pointed out that the City has ordinances that he feels have not been followed and the City has an obligation to make the building safe. He asked the City to get someone that can tell the City what it will take to make the building safe.
Mayor Apodaca stated that the City does need to take action as the City has been dancing around the issue and it is time to take a step forward.
City Manager’s Report
City Manager John Sutherland asked City Finance Director Marty Garcia to give a report on budgeting and other activities of the Finance Department. Garcia reported that the department heads have developed their budgets and turned them in so he could finalize them for the meeting next week. He stated he was putting the departments in line for some of the goals and objectives Mr. Sutherland has set. He stated he was planning to meet with the Commission on Monday, May 19, 2008, at 5:00 p.m. to review the budget. He hoped to then adopt the Budget Resolution on Thursday, May 22, 2008, if this plan meets with the Commission’s approval or there could be some more meetings and a special meeting could be held the following week with the goal of getting the budget to Santa Fe by the deadline of June 1. Mayor Apodaca stated that it was this Commission’s wish to meet with each and every department head to go over the budget to know who went over their budget and why. He stated he did not mind working after 6:00 p.m. each day next week. Commissioner Lafferty stated that he was echoing his frustration again as the Commissioners had only one 2007-2008 budget review without a budget and spent some time discussing the manager’s priorities. He noted that the Finance Director is proposing that the Commissioners not see the 2008-2009 budget until May 19 and asked that it be approved by June 1. He requested a copy of the working budget to be delivered to him for his review prior to the budget work session. Manager Sutherland stated that they would not have their part of the budget completed until the end of next week that was why Marty was suggesting May 19 for the budget review as they needed time to put the whole budget together and see how the estimated revenues compared to the expenses. Mayor Pro Tem asked to see if the budget could be delivered to the Commissioners on May 19 to be reviewed through May 22 and then have work sessions starting May 23. Garcia noted that the changes the Commissioners want make could be made very easily as the worksheets are linked to the budget. Lafferty noted that it is the job of the Manager to make the budget, but the job of the Commissioners to set priorities and understand what the budget says. One issue that has been discussed was merit pay and the Commissioners do not want to give a merit increase unless there is an evaluation process in effect. He would like to have more time and wants to be more active in the budget process. Sutherland apologized that the budget was not quite ready, but he must make sure the budget balances after entering everything. Right now they do not know if the money will be available to implement merit pay increases, step pay increases, or the implementation of department managers. When the budget is brought to the Commissioners it will be balanced and address all the areas mentioned. Commissioner Lafferty stated that at the last meeting, the Commissioners were told there were four or five departments that were going to run over budget and he wanted to know if they were under control and would be on track. Finance Director Garcia reported that fund wise, the budget would be fine in the General Fund and there may be a couple of special revenue departments that he may need to look at, and the utility fund should be fine.
Police Chief Hatcher introduced Kim Crockett, a twelve-year veteran from the Roswell Police Department with nine years as a criminal investigator. In April there were 480 calls for service and in May so far there had been 150. He reported they have been very busy and there has been a lot of dollars spent on extensive training of the officers with at least one officer gone everyday to the training they need. Hatcher thanked Ron Wilmot of the Convention Center for use of a room for a stalking class. He reported that two officers were in Albuquerque at Gang School. Later this month they will be attending another Gang Training. Detective Braziel will be attending a Interrogations Class. He reported the Police Department had a lightening strike on May 6, which knocked out the telephones, computers, and the 911 and CAD systems at the Police Department. They got everything back up and running except for the telephones, so they have one line and two cell phones to take non-emergency calls. A repairman made some assessments of the twenty-year-old system. Qwest will be in on Monday to give an assessment of the cost to put in a new phone system. He noted they lacked having one position filled to bring the Police Department to full staff.
Commissioner Lafferty asked if the Police Department would benefit by Quay County opening their Juvenile Detention Center. Chief Hatcher stated they would, as there had been several Juvenile Detention Centers that had closed, reduced their number of beds, or no agreement was in force.
County Manager Sutherland gave an update on the Scenic By Ways Grant to create an Interpretive Exhibit at the Convention Center on U.S. Route 66 sites and was notified by the New Mexico Tourism Council that Ron Wilmot’s Grant has been ranked in the top ten for funding by the Federal Transportation Department. Comcast Cable has notified the City that they will be implementing new rates for service and installation. The new rates are lower except for one rate that increased 4 cents and the late payment that increased from $5 to $7. He reported that a press release was received from Senator Bingaman’s Office that the USDA Rural Development will award Tucumcari an additional $1,030,000 grant funds and make available loan funds of $1,097,000 to fund the unexpected high cost of renovating the Wastewater Treatment Plant headworks project, the Date Street Lift Station, the 66 Lift Station, and replace the Elder Street Sewer line. On May 6, he met with Shawn McMillan of Mesa Mental Health to discuss the creation of an employee assistance program for the employees and their families. He stated this would benefit the City as well as employees who might be suffering emotional or family problems.
Commissioner Lafferty inquired about an April 16 letter from Paul Gray, District 4 Engineer with the Department of Transportation. Sutherland reported that there had been conversations with Main Street business people who raised concerns about the signage on Business District U.S. Highway 54. In response to those inquiries, Sutherland raised the topic with District 4 Engineer Paul Gray in person several times. Later he reduced their conversations to writing asking Mr. Gray if a meeting could be held concerning signage and the letter received is in response to Sutherland’s letter in which Gray said the decision on signage is his (Mr. Gray’s) and the good signage that the City thinks they have on Main Street will be removed by Gray. Commissioner Lafferty asked about the City’s plan of action because the loss of the U.S. 54 designation through Main Street will hurt all the businesses.
Commissioner Lafferty asked about the status of the audit. Mr. Sutherland reported he talked with the auditor a week ago, who said they should be ready for the exit conference in two weeks.
Commissioner Lafferty inquired about the two positions that were advertised in the newspaper. Mr. Sutherland reported that Raquel Oglesby was hired as the new Utility Cashier and Vickie Strand was hired as Deputy Finance Officer.
Commissioner Lafferty inquired about the previous request by Tucumcari Public Schools for a reduced rate for the City’s landfill to dump the demolition material from Granger School and the City’s offer to allow the dumping at half price. Lafferty asked if the School had responded or if a contract had been signed as to the agreement for the dumping fees and Mr. Sutherland said they had not but would stand by the half price offer based an MOU the City has with the School. Lafferty asked if an estimate was made on the total cost and Community Development Director Doug Powers said the half price was almost $15,000 on a set number of cubic yards which was to be adjusted if there was more or less that the set number of cubic yards. Powers stated he understood Pacheco Trucking had taken a good portion of the concrete to recycle, so it would not be put into the landfill.
Commissioner Lafferty asked for a list of the City owned property based on the remarks that were made by Doug Quarles earlier in the meeting. He stated the City is taking a pretty bad rap from the public and he would like to drive around and look at the properties. A copy will be place in each Commissioners’ box.
Bids and Contracts
Community Development Director Doug Powers reported that Requests for Proposals was advertised for the Demolition and Engineering Services for the Sands Dorsey Building. He reported only one proposal was received and the evaluation committee reviewed and ranked the proposal on required criteria. The Committee recommended to the Commission the proposal of W. H. Pacific, Inc. An inquiry was made as to how many different firms asked for a packet and it was reported two firms made request and a packet was sent to Engineers, Inc. City Manager Sutherland recommended W. H. Pacific, as the firm is a quality firm to work. A motion was made by Commissioner Lafferty and seconded by Commissioner Lumpkin to allow staff to negotiate a price with W. H. Pacific and bring a contract with the negotiated price for engineering services for the Sands Dorsey building. Roll Call:
Apodaca Lumpkin Witcher Sandoval Lafferty Yes Yes Yes Yes Yes
The bid opening on the GRIP 2: Adams Street Reconstruction Project was held on April 28. Powers reported that bids were received from Pacheco Construction and Trucking and Versatile Construction who had the low bid of $681,008.58. Wilson and Company, engineers for the project, recommended the award of the bid to the low responsive bidder. A motion was made by Commissioner Lafferty and seconded by Commissioner Lumpkin to award the bid for the Grip 2 Project to the low bidder, Versatile Construction, contingent upon negotiations so the contract is within available funds. Roll Call:
Lumpkin Witcher Sandoval Lafferty Apodaca Yes Yes Yes Yes Yes
City Manager Sutherland reported that the evaluation committee met to rate the Health Insurance Proposals from Blue Cross/Blue Shield, Presbyterian, Tucumcari General- Insurance Presbyterian, and Tucumcari General Insurance-Lovelace. Based on the evaluation Blue Cross/Blue Shield was recommended to the Commissioners as the top ranked proposer. A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Lafferty to negotiate the price of the group health insurance with Blue Cross/Blue Shield. Roll Call:
Witcher Sandoval Lafferty Apodaca Lumpkin Yes Yes Abstain Yes Yes
Elizabeth Morris, Community Development Grant Writer, presented the Agreement for Engineering Services for the new landfill with Gordon Environment. Engineering fees will not exceed $122,600, which will come from the $140,000 available capital outlay. City Manager Sutherland recommended approval. A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Lumpkin to approve the Agreement for Engineering Services with Gordon Environment. Roll Call:
Sandoval Lafferty Apodaca Lumpkin Witcher Yes Yes Yes Yes Yes
Doug Powers presented the Capital Outlay Agreement 08-L-G-4395 for $180,000 to plan, design, construct, and install improvements, including renovations to infrastructure. Commissioner Lafferty asked what project the money was going to be used for. Powers stated that it could be the match for the Water Trust Board money for the transmission line from the Metropolitan Park. Lafferty asked if a portion of it could be used for the water sprinkler problem in the community. Powers stated it would be an eligible expense. A motion was made by Commissioner Lafferty and seconded by Commissioner Lumpkin to approve the Grant Agreement with the Department of Finance and Administration for the Capital Outlay funds contingent on staff returning with a concrete idea for the expenditure of the funds. Roll Call:
Lafferty Apodaca Lumpkin Witcher Sandoval Yes Yes Yes Yes Yes
Sutherland presented the North Central New Mexico Economic Development District Area Agency on Aging Nutrition Service Incentive Program (NSIP) Agreement Amendment No. 2 to increase the compensation from $27,410 to $30,355. Sutherland recommended the acceptance of the grant award. A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Sandoval to approve NSIP Amendment #2 increase of $2,945 on Contract #2007-08-68040. Roll Call:
Apodaca Lumpkin Witcher Sandoval Lafferty Yes Yes Yes Yes Yes
Elizabeth Morris presented the Proposal for Engineering Services with Gordon Environmental, Inc. in support of the closure of the Old Tucumcari Landfill located on Quay Road AP which will be conducted concurrently with the engineering services provided to the new landfill at an estimated cost of $158,800. She noted that a closure plan must be completed by August 2008. Commissioner Lafferty asked if the City had available funds and it was noted the City does not have Capital Outlay for this, but does have money derived from the Environmental Gross Receipts Tax and $80,000 each year that is allocated from the Sanitation Fund. Sutherland recommended approval as the money will be in the fund as each task order is completed. A motion was made by Commissioner Lumpkin and seconded by Mayor Pro Tem Witcher to approve the Engineering Services Proposal for the closure of the old landfill by Gordon Engineering, Inc. contingent upon the money being available for each task order. Roll Call:
Lumpkin Witcher Sandoval Lafferty Apodaca Yes Yes Yes Yes Yes
Old Business
Mayor Apodaca acknowledged the Museum Board minutes of January 8, 2008 and the Library Board minutes of February 15, 2008.
New Business The Quay County Commission selected Judy Ross as the County’s recommendation for representation on the Library Board at their April 28, 2008 meeting. A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Lumpkin to reappoint Judy Ross to the City Library Advisory Board for a one-year term as the County’s representative. Roll Call:
Witcher Sandoval Lafferty Apodaca Lumpkin Yes Yes Yes Yes Yes
Mayor Apodaca reported that he was asked by Theresa Maestas of the Tucumcari High School Crisis Intervention Team how the schools would be notified in case of a pending disaster. He stated that it was a very important question due to the population of the Tucumcari Public Schools and Mesalands Community College being clustered in one area plus the increase of morning and afternoon delivering and pickup students, constituting almost one-third of the population of Tucumcari. The Mayor invited Jerry Filipi, Assistant High School Principal, to attend the meeting to give the team’s mission statement and ask the Commission if the sirens could be repaired to insure the safety of the children in case there was a tornado. Keith Henderson, Deputy Emergency Manager, reported the City has two sirens that were manufactured between 1950-1970 and were put in service during the Civil Defense era in case the City was bombed. He called several companies and they estimated it would cost between $3,000 to $5,000 to repair each siren and then there is the problem as to how long the mechanical sirens would last and the coverage is limited. He stated the cost to get new sirens would run $76,500 for three sirens, but there is still the problem of coverage and being able to hear them from inside a house. He thought the City should consider a reverse 911 system to compliment the sirens or in place of them at a cost of $38,000. He noted that the cost included the phone list and updates for the hard lines from ENMR and Qwest. To include cell phones number in the reverse 911, there will have to be a request to the public to submit their cell phone numbers as well as those of family members in order for them to be included. Mayor Apodaca stated that the Crises Intervention Team could meet with the City Manager and some of the staff people to work together on the system of notification. City Commissioner Lafferty suggested having all the big employers in the City meet and possibly share in the cost of the emergency notification system. Henderson suggested building into the City budget money for maintenance as it costs $400 for the battery back up for each siren.
Keith Henderson also presented information on an Agricultural Exercise. The State Department of Homeland Security and Emergency Management has directed the planning districts to have a three year exercise and training plan, so the nine counties in this area decided to have an agricultural exercise for the three years with a table top exercise the first year, a personal exercise the second year and a full scale exercise the third year. New Mexico State University signed on to help fund the project and Billy Dictson and Jeff Whitty, Directors for the New Mexico State University Bio Security, asked him to have the table top exercise in Tucumcari on July 1. In addition, they would do a presentation on Monday, June 30, at 2:00 p.m. to the County and City elected officials concerning their roles and responsibilities should an event occur in Quay County. He also invited the City Commissioners to the tabletop exercise on July 1 from 9:00 a.m.-2:00 p.m. If Quay County had an agriculture event such as hoof and mouth disease, it would devastate the economy of Tucumcari, Quay County, and the United States. No cattle could be brought in or shipped out; all borders would be closed.
Mayor Apodaca commended the staff, the planning office, the public, the State of New Mexico for the beautiful job that has been done on the Emmett Jennings Baseball Park.
Mayor Pro Tem Witcher stated that a citizen had recommended to him that the City do away with the $5 pickup dumping fee for the landfill and the City raise the trash rate by $1 per month then anyone that has a trash bill, proving their residence, could dump at the landfill anytime. If the City went up $2, then the people that do not have a means to transport or are not physically able to get their trash out of the alley, then the City would go once a quarter and pick up the sofas, refrigerators, etc. in the alley. He thought this would be a service to the citizens and clean up the community. Commissioner Lafferty asked the water ordinance and the proposed trash rate increase be on the next agenda for a vote. When asked about a water rate increase, the City Manager said one was not planned, but when looking at over a million dollars in loans for the Wastewater Treatment Plant, it would have to be looked at. Mayor Apodaca said talking an increase was up for debate due to the number of people on fixed income and there being no way they could make up for the deficit the way businesses can.
Commissioner Lafferty proposed that property owners who are willing to clean up their property, a block either side of Route 66 Boulevard and a block either side of First Street, give them access to the landfill at no charge. If the City’s goal is to clean up the City, then the City should make it conducive to fixed income people to demolish run down buildings and clean up the area. He asked that this be on the agenda.
Commissioner Lafferty also noted that the City was not in the business to compete against local business people and the City should keep this in mind.
Items from Commissioners
Commissioner Lumpkin reiterated that there is no negative input from the public and all input is welcomed. He asked the City Manager about the status of the train depot; the clean up of curbs and sidewalks; the enforcement of city ordinances pertaining to people cleaning up their properties; and the cleaning up of city properties. He commended the Chief of Police on his recognition by the District Judge.
Commissioner Lafferty reported that Rotary is having a blood drive at the Post Office on May 21 and anyone interested in donating is invited. He commended Chief Hatcher and the new detective on their work, which was noticed by the District Judge. He commended the Library Board’s financial report and stated if the Commission could get this type of report, it would be ideal. He shared one frustration that is being discussed around town as he attends various civic meetings on what the City is not doing. He asked when the Commissioners are out and about around town to defend the City and ask the individuals, “Who they are referring to as the City?” when they are complaining. He stated that all Commissioners have the City’s best interest at heart despite having difference of opinions and he just wants to see the City move forward.
Mayor Apodaca emphasized the importance of a warning procedure and system for the schools due to the large number of people in the area and involving the large employers in acquiring a system. He asked Mr. Sutherland to call Mr. Filipi at the High School.
Adjournment
There being no further business, a motion to adjourn was made by Mayor Pro Tem Witcher and seconded by Commissioner Lumpkin. Time noted 8:10 p.m. Roll Call:
Witcher Sandoval Lafferty Apodaca Lumpkin Yes Yes Yes Yes Yes
______________________________ Antonio Apodaca, Mayor
ATTEST:
____________________________ Jeannette Maddaford, City Clerk
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