ccswks 08-14-1996
SPECIAL MEETING OF THE CITY COUNCIL
August 14, 1996
The Schertz City Council convened in Special Workshop
Session on Wednesday, August 14, 1996 at 7:00 p.m. in the
Conference Room of the Municipal Complex, 1400 Schertz
Parkway, Schertz, Texas. The following members were
present: Mayor Hal Baldwin, presiding; Councilmembers
Charles McDonald; Joe Potempa; Earl Sawyer; Timothy
Swinney and Ken Greenwald. Staff present were City Manager
Kerry Sweatt and City Secretary Norma Althouse.
11 HEARING OF RESIDENTS: Mr. Bill Neller, 305
Street first thanked the person who arranged to have
double striping done on E. Aviation from the bottom of
hill up to the top at the corner of Main Street. It
made it easier for those people making ~ight turns.
Koch
the
the
has
Second, Mr. Neller gave an accounting of the number of
recycling bins in his area of the City which are set out on
the designated day for recycling. He's the only one on
Koch Street. He, personally, took a count of some other
streets in the area with the following results. At 7:15
a.m. he drove Main Street from Schertz Parkway to FM 1518
and there were no bins out. He went back at 8:15 a.m. and
there were a total of 3. There are 24 residents on Main
Street.
He also drove up Curtiss Avenue at 7:15 a.m. and there
were 12 bins out. At 8:15 a.m. there were 13. There are
62 residents on Curtiss Avenue. He also drove down Aero
Avenue and at 7:15 a.m. there were 16 bins out and at 8:15
a.m. there were 18 bins out. There are 87 residents on
Aero.
He then decided to drive down Brooks Avenue and at
a.m. there were 32 bins out and at 8:15 a.m. there
38 bins out. From Oak Street to where it cuts back
Aero Avenue there are 106 residents. In his opinion,
represents a rather poor showing of people who put
their recycling bins.
7:15
were
into
this
out
The third item mentioned by Mr. Neller was his water bill
which showed the due date as 8-11-96 which was a Sunday.
He couldn't pay the bill on the 11th - the City Hall is
closed. He couldn't pay it on the 10th (a Saturday)
because the City Hall is closed. After working at the
Randolph Clinic on Monday, he paid his water bill in person
and was thanked. He received a late notice today in the
mail. The letter was sent the day after he paid his bill.
Something went wrong in the administration section of the
City. You can't pay a bill when City Hall is not open and
whoever picked the 11th as a due date, used poor judgment.
Mr. Potempa pointed out to Mr.
Monday at noon to pay the water
Neller that he has
bill. When Mr.
until
Neller
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mentioned he was working at the clinic at that time, Mr.
Sweatt suggested it could have been dropped in the night
deposit box anytime over the weekend.
#2 Discuss final reading of ordinance rezoning
10.37 acres from Neighborhood Services (NS) to Residential
Dwelling District (R-6 gated). (Mike Lancaster)
Mr. Sweatt
rezoning is
and faces FM
reminded Council this area proposed for
located in front of Woodland Oaks Subdivision
3009 between Woodland Oaks Drive and Dimrock.
Mayor Baldwin asked if this is a smaller gated community
than what will be allowed once the UDC is passed. Mr.
Sweatt replied yes it is.
Mr. McDonald restated his opinion against it, saying he
doesn't feel it is the best use of the'land. He has some
concerns about TXDoT talking to the City about building
houses too close to the major thoroughfares. He asked Mr.
Sweatt if he ever found the letter from TXDoT regarding the
fact if, in the future, the road needs widened and we have
housing too close, we will have to pay for the wall. Mr.
Sweatt indicated he had not found the letter.
After being asked by Mayor Baldwin, Council said they were
ready for this item to be included on next Tuesday night's
agenda.
#3 Discuss final reading of ordinance rezoning 8.61
acres from Apartment/Multi-Family Dwelling District (R-4)
to Neighborhood Services (NS). (Veytia Properties)
Mr. Sweatt advised this is a recommendation from
and Zoning that the area be rezoned back to its
classification. The property owner has had
extensions, but has been unable to get financing
project.
Planning
original
several
for the
Council indicated their readiness for this item to be
included on next Tuesday night's agenda.
#4 Discuss
Development Code.
public
hearing
regarding
Unified
Mr. Greenwald commented Planning and Zoning spent about
2-3 years in compiling the UDC. A lot of time by staff and
by the lawyers was spent in reviewing it. It is a good
product and there are not that many changes from the
original Zoning Ordinance.
Mayor Baldwin asked Mr. Sweatt if he would like to review
the changes. Mr. Sweatt answered those had been covered
several weeks ago in the executive summary, but he will
touch briefly on the highlights.
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The UDC is basically a compilation of the Zoning Ordinance,
Subdivision Ordinance, Sign Ordinance, Mobile Home
Ordinance and Flood Plain Ordinance. The Sign Ordinance
represents the single biggest change, the zoning Districts
adds the gated community and there are a lot of clean-up
and realignment changes to make the UDC consistent
throughout.
Mr. Sweatt went on to say it is necessary to hold a public
hearing on the UDC and it is scheduled for the next meeting
on August 20th. Any amendments to the UDC will require a
public hearing.
After a brief discussison about political signs, Council
affirmed they were ready for this item to be placed on next
Tuesday night's agenda.
#5
(BOA).
Discuss appointments to
Board of Adjustment
Mayor Baldwin mentioned the Council has in their packets a
letter from the Chairman of the BOA, Earl Hartzog, to
reappoint Anita Clark and Joyce Briscoe. It is also
requested James Harris be appointed as a regular (he has
been an alternate) and Norman Slocum will become the
alternate. All terms are for two years.
Council
in favor
agenda.
had no problem with these recommendations and was
of including this item on next Tuesday night's
#6 Discuss Section 9.02 of the Personnel Policy
Manual regarding a change in termination pay policy.
Mr. Sweatt noted the current Personnel Policy states that
for a person to be paid for their accrued/unused vacation
time when they resign, they must be in good standing, and
to be in good standing they must give at least 10 working
days notification of their intent to resign. At the same
time, there is a provision that allows employees who are
asked to resign or are fired to be paid for their
accrued/unused vacation time. When you look at the
application of that, it appears to be the wrong message.
If you get fired or asked to resign, you get your
accrued/unused vacation time. If however, you resign and
for some reason cannot give a full 10 working day
notification, you could have that amount of accrued/unused
vacation time withheld. It is believed the policy should
be changed to allow any employee to be paid for their
accrued/unused vacation time upon termination from the
City. That could be accomplished by eliminating the word
timelv from Section 6.01, Paragraph 7.
Mr. Potempa asked if this is just a housekeeping item and
Mr. Sweatt replied yes it is. Mr. Greenwald thought it
to be more of a legal opinion and mentioned he had given
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everyone extracts from the Texas Labor Letter and From
Texas Business Today which say you must have something in
writing specifying you either pay the employee for the
accrued/unused vacation time or you don't.
Mayor Baldwin asked if the City is legally required to pay
people who get fired their accrued/unused leave. Why don't
we change that? Mr. Sweatt replied the City could perhaps
change it, but the fact is the leave is earned.
Mr. Swinney observed the policy of paying an employee,
upon their termination, their accrued/unused vacation time
lS a pretty common policy among corporations and in the
military.
Mr. Potempa asked how many people had been terminated in
the last year and Mr. Sweatt replied probably no more than
three. Mr. Swinney mentioned most are'probably terminated
in the early stages of their career with the City. Mr.
Sweatt agreed, but did recall there was one beyond the
six-month probationary period.
Mr. Sweatt remarked on two situations this year that
happened simultaneously. One employee was being given a
chance to resign, or be terminated, and would be receiving
his accrued/unused vacation time. Another employee was in
good standing, had been a good employee, and had taken a
position with another agency, but there was some question
about his having turned in his resignation 10 days before
actually resigning and perhaps not being eligible for his
accrued/unused vacation time. This circumstance pointed
out the inequity in the policy. Incidentally, both
employees were paid for their accrued/unused vacation time.
Mr. Potempa asked if there's anything that can be
held against the City if they don't change this
Mr. Sweatt responded a similar situation to the
just described could be litigious. He doesn't know
or not the City would win such a lawsuit.
legally
policy.
one he
whether
After further discussion about the fairness/unfairness of
the current policy, Council agreed they were ready for this
item to be placed on next Tuesday night's agenda.
#7 Discuss proposed
regarding security Capital
Tri-County Business Park.
Tax Abatement Agreement
Investment building in
Mr. Sweatt stated each Councilmember had been given a
booklet from Security Capital Industrial Trust which
represents an application to the City of Schertz, through
the Economic Development Commission, for a tax abatement
for a building in Tri-County. The building will be 244,000
square feet in size. The first tenant is leasing 130,000
square feet of the building. The Economic Development
Commission has reviewed the application and heard testimony
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from Mr. Pat Brewer, representing Security Capital.
The property represents a capital improvements investment
of approximately $6,000.000. It is located on a tract of
land across the street from Keebler. The Economic
Development Commission has recommended approval of the tax
abatement.
At this time Mr. Brewer spoke to the Council saying they
are probably the City's first NAFTA customer. This
division is relocating out of the Los Angeles basin to
Schertz and they're real excited about it. They have been
working with the Economic Development Commission and with
Mr. Mark Marquez for some time and have watched Tri-County
Business Park develop. This building will put them at just
over $100,000,000 invested in the San Antonio area. They
are a 1.4 billion dollar corporation with 38 major markets.
Mr. Sweatt asked that Mr. Brewer explain briefly how the
company works - they actually own the building and lease in
most cases as opposed to being a building developer. Mr.
Brewer acknowledged that's correct. They go to the capital
markets for their funding. They are "all-cash" owners and
don't have to go out and secure financing. Because they
have no financial partners, they are able to co-mingle
customers, so if a customer, say in Orlando, wants to be in
Schertz, they can simply tear up their lease in Orlando and
expand them here in Schertz or wherever they wish to be.
They have 300 customers in San Antonio and 68 buildings
they manage and own.
Mr. Brewer further stated they are not a third party
manager they tend to take care of their buildings a
little bit better. They are a real estate investment trust
which means you do have to hold your properties for a
minimum of five years.
Mr. Sweatt mentioned one of the things that impressed him
and the Economic Development Commission was that this first
tenant will be renting 130,000 square feet and the rest of
the building will be available for one or more other
tenants.
Mr. McDonald asked if on this tract of land they have room
to expand. Mr. Brewer replied not on this particular
tract, but they are in negotiation for some other land in
the business park. They have a master plan whereby they
can offer a menu to their customers that have a desire to
want to own a building rather than lease it. That customer
can lease for a while and it will be put into the lease
that they have an option to buy the building.
Mr. McDonald asked how long the lease is with American
Standard and was told by Mr. Brewer it is right now a
three-year lease, with a five-year option to renew.
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Mr. Swinney, commenting he had followed the news for the
past several years regarding NAFTA and the drug problem
because of the open borders, asked if there had been drug
problems with a distribution center that lends itself to
drug trafficking. Mr. Brewer replied that the companies
that jump on NAFTA first are the Cadillac companies in
Mexico that can afford to do it. He hasn't seen any drug
trafficking problem. They are very sensitive to that and
to environmental issues.
Mr. Swinney then asked Chief Smith if had read anything
about the drug trafficking and the Chief answered the
information they're looking at has been mostly drug
smuggling through transport companies.
Mayor Baldwin verified this building will be. used for
distribution and not manufacturing. Mr. Sweatt pointed
out one of the positive things is it doesn't demand nearly
as many services as houses. Mr. McDonald thought it would
be nice to see how much it actually costs to provide
services to this building.
Mr. Sawyer inquired if this increases the taxes the City
will receive from the land. Mr. Sweatt reported currently
the land has a value of $156,490 and the City receives ad
valorem taxes of $637.23. Under the proposed development,
the land value will increase, together with the capital
investment and estimate on personal property, to a total of
$6,785,000 which would amount to $27,628.52 in ad valorem
taxes. The Economic Development Commission has reviewed
the application and recommended a 10-year tax abatement at
a 90% ratio which would be 90% abatement of the capital
investment only. That would be some $21,988 from the total
ad valorem taxes of $27,628.52. That still leaves an
annual ad valorem tax of $5,003 net increase to the City.
When you add that to the benefit from a payroll multiplier,
it works out to a net revenue increase to the City of about
$15.70 per $1.00. It's a good deal for the City.
Mr. Potempa asked how many people will be employed
group. Mr. Sweatt answered approximately 20-22
with a payroll of $500,000.
by this
people
At this
Economic
meeting.
and Wanda
time Mr. Sweatt introduced the members
Development Commission who were present
They were Jeff Zunker, Tim Fetter, Byron
Sweatt.
of the
at the
Williams
Mayor Baldwin remarked it's a great looking facility and
exactly the kind of development Schertz has been hoping for
in the business park. Mr. Marquez added that this
building represents $82,000 a year in taxes to the school
district.
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Mr. Sawyer inquired if this will be on the agenda of the
next Council meeting and Mr. Sweatt replied yes it will
be. It is appropriate to pass the tax abatement and the
tax abatement agreement by ordinance. Mr. Sawyer welcomed
Security Capital to the City.
Mr. McDonald asked what the timetable is for construction
of the building and Mr. Brewer reported they start getting
hit with penalties if they don't have it in by March 1st.
They've been moving dirt and the plans are on their way for
approval.
Council indicated they were prepared for this item to be
included on next Tuesday night's agenda.
#8 Consider and take action regarding solicitation
of bids for police vehicles prior to end of fiscal year.
Mr.
will
spend
Sawyer commented he likes this item. He thinks
save the City some money even though they have
it out of cycle.
it
to
Mr. McDonald suggested they be bought out of the reserve
fund and pay it back rather than going to the bank and
borrowing money.
Mr. Sweatt pointed out they still need to solicit bids and
go through the process, so it will be 15-20 days away. A
motion to authorize the City to solicit bid outside of the
fiscal year budget would be in order.
Mr. Swinney moved to approve the solicitation of bids for
police vehicles prior to the end of the fiscal year and
approved using the reserve funds to pay for those vehicles,
thereby saving the City some money. Mr. Potempa seconded
the motion.
Mr. McDonald asked that the motion be amended to say the
City will pay back the reserve fund when the money is
appropriated in the next fiscal year.
The motion was so amended and carried with the following
votes:
AYES: Councimembers McDonald, Potempa, Sawyer, Swinney and
Greenwald.
NAYS: None.
#9 CITY MANAGER'S REPORT: Reminded Council of the
status of water issues. According to the latest edict, it
appears we're moving toward prohibition on sprinklers.
Right now it's just a voluntary request, but may come later
as a mandatory requirement.
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Mr. McDonald related he had been contacted by the Sun
Newspaper and asked how he thought Council would vote on
the issue. He told them if the other entities went along
with it, Schertz would also probably go along.
Mr. Sweatt mentioned the problem is that even though our
customers are doing their best to comply, the City is still
not able to meet the two times our winter average figures.
Mr. Greenwald pointed out nothing is taken into
consideration for main breaks and fires. Mayor Baldwin
observed Judge Bunton is not as ferocious as he appears to
be. Mr. Sawyer stated he thinks we're in for some hard
times because the drought is predicted to last until next
summer.
Mr. McDonald said he read in the paper today that Judson
High School is going to put reused water on their football
field. This was followed by a brief discussion of things
that can have effluent water.
Mayor Baldwin stated obviously we are going to
penalties before this thing is overwith. Is it
start thinking about a surcharge? Mr. Sweatt
that unfortunately, it will probably come to that.
pay some
time to
answered
Mr. McDonald wondered if the
to get their water from CCMA.
into the logistics of it.
City could require developers
Mr. Sweatt promised to look
There was further discussion about surcharges with Mr.
McDonald saying the time to impose them is when the no
sprinkler restriction goes into effect. In his opinion,
soaker hoses should be restricted because they use a lot of
water.
Mr. Swinney contemplated the
high rates and consumption.
going? Mayor Baldwin answered
Mr. Swinney emphasized they
thoroughly and not overreact.
direct correlation between
Where are the extra funds
in the bank for penalties.
need to think it out
Mr. Sweatt commented water has been too cheap for too long
and there has been no incentive to save it. Mayor Baldwin
indicated there's needs to be an attitude change and Mr.
Swinney remarked that will take at least two decades.
There was no
implementing
discussion on
clear consensus about whether or not to start
surcharges and it was decided to schedule a
it at the next workshop.
#lO ITEMS BY COUNCIL: A. Mr. Greenwald reported that
at the Planning and Zoning meeting last night, the plan for
the HEB store was presented. It is an 80,000 square foot
store with 32,500 square feet of lease area. Mayor Baldwin
asked if this is as big as the store in New Braunfels and
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Mr. Greenwald replied the gentleman at the meeting didn't
know, but it is comparable to the store at DeZavala and
I-lO. They will have a small restaurant, a delicatessen, a
bakery, and a fresh fish area.
Mayor Baldwin asked when construction starts and Mr.
Greenwald answered a groundbreaking is scheduled this
September and hopefully, it will be open in May of 1997.
Mr. McDonald asked if they mentioned an estimate of their
gross sales and Mr. Greenwald replied they had not. Mr.
McDonald also wondered if they will be open 24 hours a day
and Mr. Greenwald answered they didn't say. Mr. McDonald
then commented they will generate quite a bit of sales tax.
Mr. Potempa asked if the new Randolph Brooks Federal
Credit Union branch will butt up to Bill Miller's or will
there be a space between them. Mr. 'Greenwald answered
they had not been in yet with their plans, but Mr. Sweatt
indicated there will be a space between them.
Mayor Baldwin thought it wouldn't be long before there's an
announcement that Schertz Bank & Trust has bought some
property along FM 3009, but he was informed by Mr.
McDonald they have already bought property on Schertz
Parkway.
B. Stated Planning and Zoning has asked about scheduling a
joint meeting with City Council for discussion of goals.
They are starting the review of the Comprehensive Plan and
need some direction.
Mr. McDonald said he had spoken with Pia Jarman and she
felt the Council and the Commission should communicate in
writing because maybe sometimes the message gets lost in
interpretation.
This prompted discussion about continuing the process of
appointing, in writing, liaisons to various organizations
throughout the City.
Mr. Sawyer felt a joint meeting would be beneficial
because we need to know who the different Commissioners
are. The Mayor thought it was a good idea and Mr. Swinney
suggested a joint meeting after the budget process is over.
Mr. Greenwald mentioned the possibility of scheduling a
joint meeting at a workshop when there's a short agenda.
Mr. McDonald~ A. Implied he had considered suggesting
the banning of gated communities. Mr. Swinney noted he
had been doing a lot of thinking about doing away with the
section in the UDC regarding gated communities. However
with the mindset of the developers, he's afraid it would
take Schertz out of the competition.
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Mayor Baldwin referred to the mindset of the buyers - it
seems to be something they want. Mr. Sawyer added it's a
popular way of living.
Mr. Greenwald remarked he sees it as another sales gimmick
just like the garden home trend was in the past.
B. Asked how the City's coming on negotiations with the
railroad to mow the right-of-way. Mr. Sweatt informed
Council the railroad has agreed that if the City goes
through the steps which will protect it from a liability
standpoint, they will repay the City for the cost of
mowing.
Mr. Sawver: Stated he had read a letter from a person
that wanted a lot of information about water, the cost of
meters, the size of meters, etc. Is there any way the City
can charge a person for research? Mr.' Sweatt stated the
Open Records Act tells us we are not required to furnish
records or reports that are not there. As long as the
reports are there, we cannot charge a research fee.
Mr. Sawyer wanted to know what happens if you have
numerous requests for this type of research. He asked that
Mr. Sweatt have Michael Spain check into it to see if the
City can recover anything other than a cost for the copies.
Mr. Potempa felt the taxpayer lives in the City and pays
taxes, so he is entitled to receive this service. Mr.
Sawyer asked why you should give a service that the other
residents don't get. He would like to see a user fee.
There was a brief discussion on this with Mayor Baldwin
saying you can charge a nominal fee for most services. The
Mayor stressed it is a tremendous disruption to have to do
research, but the law says you have to do it.
Mr. PotemDa: Referring to the Board of Adjustment
appointments, asked if anyone from City Council is going to
be appointed. He's asking because last year he was
appointed as an alternate. Mr. Sweatt said he would check
into it.
Mr. Swinnev: A. Noted it has become evident in recent
meetings that they could all use a refresher course in
Parliamentary Procedure. He recommended that after each
election, when you have newly elected members, there be an
introductory/review class for Parliamentary Procedure.
After the budget process, the Council may want to have a
brief workshop on the subject. Mr. McDonald said he
understands Pia Jarman is putting out a training handbook
on Parliamentary Procedure and is quite a Parliamentarian.
Mayor Baldwin suggested maybe Mrs. Jarman would like to
conduct a seminar. Council agreed it was a good idea.
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B. Requested Council have their picture
Tuesday before the meeting. He's not
professional photographer not being able to
blatant in the picture beforehand that's not
retaken next
happy with a
see something
good.
C. Pointed out to Mr. McDonald we are getting a new
doctor in town that he said wasn't coming. Mr. McDonald
denied saying he wasn't coming because he knew he was.
Unfortunately, he cannot go to the new doctor because he's
not in his health care group.
Mayor Baldwin mentioned there are two new doctors coming to
the Schertz Family Medical Practice center on FM 78. Mr.
McDonald stated we still need a doctor's office on FM 3009.
D. Commended the Public Works Department for ,the newly
painted crosswalks prior to the start of the school year.
#11 ITEMS BY MAYOR: Read a letter from the
Department of Housing and Urban Development saying all
Municipal Housing Authorities, regardless of size, are
required to have a Resident Commissioner on the Housing
Authority Board. He's assuming from that we will have to
appoint a Resident Commissioner.
Also, a Resident Housing Authority Commissioner will not be
able to serve consecutive terms. An individual may,
however, serve additional terms as a designated Resident
Commissioner so long as they are not consecutive. We need
to get hold of the Housing Authority Director to see if he
has someone in mind for appointment.
B. Reported receiving a letter from a business on Main
Street complaining about trash at the business across the
street from them. Newspapers are being blown in all
directions from a truck parked at 810 Main Street. This
has been an ongoing problem. The letter went on to name
other businesses on Main Street with various trash
violations. The business was requesting the City's help in
solving the problem because it is an embarrassment.
Mr. Swinney asked if they could force the building owner
of the convenience store beside the Post Office to repair
the parking lot and Mr. Sweatt replied he would look into
it, but he didn't think so.
Mr. Swinney commented he had spoken with D.C. Morgan
regarding volunteering for service at the Pic-N-Pac to
remove graffiti. Mr. Morgan volunteered, so all we need
now are materials. Mr. Sweatt indicated letters were
written to several businesses asking for donations, but
there were no favorable replies.
Mr. Swinney
available for
check into it.
asked if there are
such a project and Mr.
any forfeiture funds
Sweatt said he would
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There was discussion about various sources for the money
and Mayor Baldwin suggested asking the Schertz Business
Association. Mr. Swinney commented if not the Schertz
Business Association, then maybe each of the Councilmembers
could kick in five dollars because this project needs to
get off the ground and be completed.
U 2 BUDGET WORKSHOP
Mayor Baldwin hinted that holding the budget workshop on
another night would be better because Mr. Sweatt has been
ill and is not in condition to go through with it tonight.
Mr. Sawyer thought setting up the budget workshop on a
night separate from any other meeting would be the best way
to go. Council agreed and it was decided to set up a
budget workshop on Wednesday, August 21st.
115 ADJOURNMENT
On a motion by Mr. Potempa, seconded by Mr. Greenwald and
unan'mou,ly carr'"", 'be mee"n~~ur~.
Mayor, Citt of Schertz, Texas
ATTEST:
~ t2L/-./~'~~d)
City Secretary, City of Schertz
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