HomeMy WebLinkAboutCCM-12-05-11Office of the
Clerk Treasurer
City of C rmel
COMMON COUNCIL
MEETING AGENDA
MONDAY, DECEMBER 5, 2011 6:00 P.M.
COUNCIL CHAMBERS /CITY HALL /ONE CIVIC SQUARE
MEETING CALLED TO ORDER
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS
4. APPROVAL OF MINUTES
a. November 21, 2011 Regular Meeting
5. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL
6. COUNCIL, MAYORAL AND CLERK TREASURER COMMENTS /OBSERVATIONS
7. ACTION ON MAYORAL VETOES
8. CLAIMS
a. Payroll
b. General Claims
c. Retirement
COMMITTEE REPORTS
a. Finance, Administration and Rules Committee
b. Land Use, Annexation and Economic Development Committee
c. Parks, Recreation and Arts Committee
d. Utilities, Transportation and Public Safety Committee
e. Report from the Council Appointee to the Redevelopment Commission
f. Report from Frank. Basile, Interim. President CEO, The Center for the Performing Arts
ONE CIVIC SQUARE CARMEL, IND]ANA 46032 317/571-2414
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10. OLD BUSINESS
a. Seventh Reading of Ordinance D- 2051 -11, As Amended; An Ordinance of the
Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 3, Division
1I, Section 2 -40 (Compensation) of the Carmel City Code; Sponsor(s): Councilor(s)
Seidensticker and Rider. TABLED
b. Fifth Reading of Ordinance D- 2060 -11; An Ordinance of the Common Council of the
City of Carmel, Indiana, By the Cannel Economic Development Commission
($130,000,000 The Barrington of Carmel Project); Sponsor: Councilor Snyder.
Remains in the Finance, Administration and Rules Committee (12/15/11).
c. Third Reading of Ordinance D- 2068 -1 An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending, Chapter 9, Article 2, Section 9 -55 (Monthly Metered
Rates, Monthly Base Charges, Minimum Charges and Private Fire Protection) and
Restating the Schedule of Rates and. Charges Collected by the Water Utility; Sponsor:
Councilor Snyder. Referred back to the Finance, Administration and Rules Committee
(12/07/11).
d. Third Reading of Ordinance D- 2069 -11; An Ordinance of the Connnon Council of the
City of Carmel, Indiana, Amending Chapter 9, Article 3, Division V, Section 9 -171
(Sewer Charges) of the Carmel City Code; Sponsor: Councilor Snyder. Remains in the
Finance, Administration and Rules Committee (12/07/11).
e. Third Reading of Ordinance D- 2070 -11; An Ordinance of the Common Council of the
City of Carmel, Indiana, Concerning the Construction of Additions and Improvements to
the Waterworks of the City, and the Refunding of its Waterworks Revenue Bonds of 2002,
Series A, Waterworks Revenue Bonds of 2002, Series B and Waterworks Revenue Bonds
of 2003, Series A; and Authorizing the Issuance of Revenue Bonds ($27,000,000);
Sponsor: Councilor Snyder. Referred back to the Finance, Administration and Rules
Committee (12/07/11).
f. Third Reading of Ordinance D- 2071 -11; An Ordinance of the Common Council of the
City of Carmel, Indiana, Authorizing the Acquisition, Construction and Installation of
Certain Improvements for the Sewage Works System of the City of Carmel, Indiana; The
Issuance of Revenue Bonds to Provide the Cost, The Collection, Segregation and
Distribution of the Revenue of such System. Including the Issuance of Notes in
Anticipation of such Bonds, and Repealing Ordinances Inconsistent ($11,200,000);
Sponsor: Councilor Snyder. Remains in the Finance, Administration and Rules
Committee (12/07/11).
g.
Third Reading of Ordinance A- 97 -11; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending Chapter 9, Article 2, Division IV, Sections 9 -44
(Application Fees for Water Service); 9 -45 (Service Charge and Installation Fee); 9 -51
(Water Meter Pit Accessibility: Inspection); 9 -52 (Cross Connection Control); 9 -58
(Tapping Fees); 9 -62 (Disconnection for Non Payment: Returned Checks); 9 -65 (Rates
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and Charges for Recurring Sales of Raw Water (Untreated) Water $225 per million
Gallons); 9 -75 (Hydrant Meters) of the Carmel City Code; Sponsor: Councilor Snyder.
TABLED
h. Third Reading of Ordinance S- 73 -11; An Ordinance of the Common. Council of the City
of Carmel, Indiana, Amending Chapter 9, Article 4, Sections 9 -196 (Availability Costs);
9 -199 (Oversizing); 9 -200 (Individual Connection Inside and Outside of City);
9- 207 (Allocation of Receipts) and Deleting Section 9 -205 (Individual Connections Cost
Developed Areas) of the Carmel City Code; Sponsor: Councilor Snyder. TABLED
Third Reading of Ordinance Z- 553 -11; An Ordinance of the Common Council of the
City of Carmel, Indiana, Establishing the Silvara Planned Unit Development District (281
Acres located northwest of 116` Street and Spring MW Road, from S -1 and S -2 /Residence
to PUD /Planned Unit Development); Sponsor(s): Councilor(s) Rider, Griffiths and
Seidensticker. Remains in the Land Use, Annexation and Economic Development
Committee (11/29/11).
11. PUBLIC HEARINGS
a. Second Reading of Ordinance D- 2074 -1.1; An Ordinance of the Common Council of the
City of Carmel, Indiana, Appropriating the Proceeds from the Sale of COIT Revenue
Refunding Bonds of 2011, Together with any Investment Earnings for the Purpose of
Financing the Costs of the Refunding Certain Obligations of the City, Including Costs and
Expenses in Connection with the Issuance of the Bonds ($7,500,000); Sponsor: Councilor
Snyder. TABLED
12. NEW BUSINESS
a. First Reading of Ordinance D- 2064 -11; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending Chapter 2, Article 5, Adding Section 2 -188
(Establishing Historic Preservation for the City of Carmel) Authorizing Comprehensive
Historic Preservation and Appointment of a Historic Preservation Commission;
Sponsor(s): Councilor(s) Accetturo, Seidensticker and Sharp.
b. First Reading of Ordinance D- 2076 -11; An Ordinance of the Common Council of the
City of Carmel, Indiana, Approving and Adopting an Interlocal Agreement (Between the
City of Carmel and Hamilton County /Community Development Black Grant; Auman and
Newark Neighborhood Improvements Phase II $217,996); Sponsor: Councilor
Seidensticker.
c. First Reading of Ordinance D- 2077 -11; An Ordinance of the Common Council of the
City of Carmel, Indiana, Adopting and Adding to Carmel City Code Chapter 2, Article 4,
Section 2 -139 (Non- Reverting Solid Waste Operating Transfer Fund #699); Sponsor:
Councilor Snyder.
d. Resolution CC- 12- 05- 11 -01; A Resolution of the Common Council of the City of
Cannel, Indiana, Approving a Transfer of Funds in the 2011 Fire Department Budget
($15,000 from Medical Exams to Gasoline); Sponsor: Councilor Carter.
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e. Resolution CC- 12- 05- 11 -02; A Resolution of the Common Council of the City of
Carmel, Indiana, Amending the Contract with the Carmel Fraternal Order of Police Lodge
No. 185; Sponsor(s): Councilor(s) Sharp and Snyder.
13. OTHER BUSINESS
14. ANNOUNCEMENTS
15. EXECUTION OF DOCUMENTS
16. ADJOURNMENT
12105 /1.1 CC: Meeting Agenda
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COMMON COUNCIL
MEETING MINUTES
MONDAY, DECEMBER 5, 2011 6:00 P.M.
COUNCIL CHAMBERS /CITY HALL /ONE CIVIC SQUARE
MEMBERS PRESENT:
Mayor James Brainard, Council President W. Eric Seidensticker, Council Members Richard L. Sharp,
John V. Accetturo, Joseph C. Griffiths, Luci Snyder, Ronald E. Carter, Kevin. Rider, Clerk- Treasurer
Diana L. Cordray, Deputy Clerk Treasurer Lois Fine.
Mayor Brainard called the meeting to order at 6:00 p.m.
Carmel Police Department Chaplain, George Davis, pronounced the Invocation.
Mayor Brainard led the Pledge of Allegiance.
RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS:
There were none.
APPROVAL OF MINUTES:
Councilor Griffiths made a motion to approve minutes from the November 21, 2011 Regular Meeting.
Councilor Snyder seconded. There was no Council discussion. Council President Seidensticker called
for the vote. Minutes were approved 7 -0.
RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL:
The following individuals addressed the Council opposed to Ordinance Z- 553 -11 (Silvara PUD):
Alison Brown.
Andrew Fritz
600 W. 106 Street, Cannel, Indiana
99 2 Avenue S.W. Apt. 1G, Carmel, Indiana
The following individual addressed the Council in favor of Ordinance Z -553 -11 (Silvara PUD):
Jill Meisenheimer 471 Burlington Lane, Cainiel, Indiana
Carol Schleif 10517 Hyde Park, Carmel, Indiana
The following individuals addressed the Council in favor of Ordinance D- 2064 -11 (Establishing Historic
Preservation for the City of Carmel):
Judith Bowman
Russell Schwartz
Carol Schleif
Dee Fox
Matt Milam
134 Old Grayce Lane, Carmel, Indiana
510 rl Avenue N.W., Carmel, Indiana
10517 Hyde Park, Carmel, Indiana
11389 Royal Court, Carmel, Indiana
1443 Orchard Park N. Dr., Carmel, :Indiana
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Mike Shaver, 3799 Steeplechase Drive, Carmel, Indiana addressed the Council regarding the Crooked
Stick Drainage issue.
COUNCIL, MAYORAL AND CLERK- TREASURER COMMENTS /OBSERVATIONS:
Clerk Treasurer Diana. L. Cordray offered an apology to Frank Basile, Interim President CEO, The
Center for the Performing Arts, for inadvertent inclusion on the November 21, 2011 Council agenda.
Councilor Sharp congratulated the Carmel High School football team on their recent State Championship.
Councilor Snyder recognized the Carmel High School band for performing in the Macy's Thanksgiving
Day parade.
Councilor Carter addressed the Council regarding the Carmel High School Holiday Spectacular held this
past weekend at the High School.
ACTION ON MAYORAL VETOES:
There were none.
CLAIMS:
Councilor Griffiths made a notion to approve claims in the amount of $1,406,929.90. Councilor Snyder
seconded. There was no Council discussion. Council President Seidensticker called for the vote. Claims
were approved 7 -0.
COMMITTEE REPORTS:
Councilor Snyder reported that the Finance, Administration and Rules Committee had not met. The next
meetings will be held on Wednesday, December 7, 2011 at 5:30 p.m. and Thursday, December 15, 2011
at 5:30 p.m.
Councilor Sharp reported that the Land Use, Annexation and Economic Development Committee had
met. Ordinance Z- 553 -11 was forwarded back to the full Council. Councilor Sharp will present the
committee report when the item appears on the agenda.
Councilor Carter reported that the Parks, Recreation and Arts Committee had not met.
Councilor Griffiths reported that the Utilities, Transportation and Public Safety Committee had not met.
Report from the Council Appointee to the Redevelopment Commission. The representative to appear at a
later meeting.
Report from Frank Basile, Interim President CEO, The Center for the Performing Arts. Frank
Basile addressed the Council. There was Council discussion.
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OLD BUSINESS
Council President Seidensticker announced the Seventh Reading of Ordinance D- 2051 -11, As
Amended; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2,
Article 3, Division II, Section 2 -40 (Compensation) of the Cannel City Code; Sponsor(s): Councilor(s)
Seidensticker and Rider. Councilor Sharp made a motion to lift this item from the Table. Councilor
Snyder seconded. There was brief Council discussion. Councilor Sharp made a motion to approve
Ordinance D- 2051 -11 As Amended. Councilor Snyder seconded. There was no Council discussion.
Council President Seidensticker called for the vote. Ordinance D- 2051 -11 As Amended was
adopted 7 -0.
Council President Seidensticker announced the Fifth Reading of Ordinance D- 2060 -11; An Ordinance
of the Common Council of the City of Carmel, Indiana, By the Cannel Economic Development
Commission ($130,000,000 The Barrington of Carmel Project); Sponsor: Councilor Snyder. Remains
in the Finance, Administration and Rules Committee (12/15/11). This item was not discussed.
Council President Seidensticker announced the Third Reading of Ordinance D- 2068 -11; An Ordinance
of the Common Council of the City of Cannel, Indiana, Amending, Chapter 9, Article 2, Section 9 -55
(Monthly Metered Rates, Monthly Base Charges, Minimum Charges and Private Fire Protection) and
Restating the Schedule of Rates and Charges Collected by the Water Utility; Sponsor: Councilor Snyder.
Referred back to the Finance, Administration and Rules Committee (12/07/11). This item was not
discussed.
Council. President Seidensticker announced the Third Reading of Ordinance D- 2069 -11; An Ordinance
of the Common Council of the City of Carmel, Indiana, Amending Chapter 9, Article 3, Division V,
Section 9 -171 (Sewer Charges) of the Carmel City Code; Sponsor: Councilor Snyder. Remains in the
Finance, Administration and Rules Committee (12/07/11). This item was not discussed.
Council President Seidensticker announced the Third Reading of Ordinance D- 2070 -11; An Ordinance
of the Common Council of the City of Carmel, Indiana, Concerning the Construction of Additions and
Improvements to the Waterworks of the City, and the Refunding of its Waterworks Revenue Bonds of
2002, Series A, Waterworks Revenue Bonds of 2002, Series B and Waterworks Revenue Bonds of 2003,
Series A; and Authorizing the Issuance of Revenue Bonds ($27,000,000); Sponsor: Councilor Snyder.
Referred back to the Finance, Administration and Rules Committee (12/07/11). This item was not
discussed.
Council President Seidensticker announced the Third Reading of Ordinance D- 2071 -11; An Ordinance
of the Common Council of the City of Cannel, Indiana, Authorizing the Acquisition, Construction and
Installation of Certain Improvements for the Sewage Works System of the City of Carmel, Indiana; The
Issuance of Revenue Bonds to Provide the Cost, The Collection, Segregation and Distribution of the
Revenue of such System. Including the Issuance of Notes in Anticipation of such Bonds, and Repealing
Ordinances Inconsistent ($11,200,000); Sponsor: Councilor Snyder. Remains in the Finance,
Administration and Rules Committee (12/07/11). This item was not discussed.
Council President Seidensticker announced the Third Reading of Ordinance A- 97 -1.1; An Ordinance of
the Common Council of the City of Carmel, Indiana, Amending Chapter 9, Article 2, Division IV,
Sections 9 -44 (Application Fees for Water Service); 9 -45 (Service Charge and Installation Fee); 9 -51
(Water Meter Pit Accessibility: Inspection); 9 -52 (Cross Connection Control); 9 -58 (Tapping Fees); 9 -62
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(Disconnection for Non Payment: Returned Checks); 9 -65 (Rates and Charges for Recurring Sales of
Raw Water (Untreated) Water $225 per million Gallons); 9 -75 (Hydrant Meters) of the Carmel City
Code; Sponsor: Councilor Snyder. TABLED. This item was not discussed.
Council President Seidensticker announced the Third Reading of Ordinance S- 73 -1.1; An Ordinance of
the Common Council of the City of Carmel, Indiana, Amending Chapter 9, Article 4, Sections 9 -196
(Availability Costs); 9 -199 (Oversizing); 9 -200 (Individual Connection Inside and Outside of City); 9- 207
(Allocation of Receipts) and Deleting Section 9 -205 (Individual Connections Cost Developed Areas) of
the Carmel City Code; Sponsor: Councilor Snyder. TABLED. This item was not discussed.
Council President Seidensticker announced the Third Reading of Ordinance Z- 553 -11; An Ordinance
of the Common Council of the City of Carmel, Indiana, Establishing the Silvara Planned Unit
Development District (281 Acres located northwest of 11 6 Street and Spring Mill Road, from S -1 and
S -2 /Residence to PUD /Planned Unit Development). Councilor Sharp presented the Land Use,
Annexation and Economic Development Committee report to the Council. This item was referred back to
the Council with a 3 -0 favorable recommendation with a proposed new Exhibit L. Councilor Sharp made
a motion to add Exhibit L VERSION 12.05.11 Conditions of Enactment of Ordinance Z- 553 -11 to the
exhibits accompanying Ordinance Z- 553 -11. Councilor Griffiths seconded. There was no Council
discussion. Council President Seidensticker called for the vote. The motion was approved 7 -0.
Councilor Sharp made a motion to approve Ordinance Z- 553 -11. Councilor Griffiths seconded. There
was brief Council discussion. Council President Seidensticker called for the vote. Ordinance Z- 553 -11
was adopted 6 -1 (Councilor Carter opposed).
PUBLIC HEARINGS
Council President Seidensticker announced the Second Reading of Ordinance D- 2074 -11; An
Ordinance of the Common Council of the City of Carmel, Indiana, Appropriating the Proceeds from the
Sale of COIT Revenue Refunding Bonds of 2011, Together with any Investment Earnings for the Purpose
of Financing the Costs of the Refunding Certain Obligations of the City, Including Costs and Expenses in
Connection with the Issuance of the Bonds (57,500,000). Councilor Sharp made a motion to lift this item
from the Table. Councilor Snyder seconded. Council President Seidensticker opened the Public Hearing
at 8:10 p.m. Seeing no one who wished to speak, Council President Seidensticker closed the Public
Hearing at 8:11 p.m. Councilor Sharp made a motion to approve Ordinance D- 2074 -11. Councilor
Snyder seconded. There was no Council discussion. Council President Seidensticker called for the vote.
Ordinance D- 2074 -11 was adopted 7 -0.
NEW BUSINESS
Council President Seidensticker announced the First Reading of Ordinance D- 2064 -11; An Ordinance
of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 5, Adding Section
2 -188 (Establishing Historic Preservation for the City of Carmel) Authorizing Comprehensive Historic
Preservation and Appointment of a Historic Preservation Commission. Councilor Griffiths made a
motion to move this item into business. Councilor Sharp seconded. Councilor Sharp presented this item
to the Council and referred to Mark Dollase, Vice President of Preservation Services, Indiana Landmarks,
to address the Council. There was no Council discussion. Council President Seidensticker referred
Ordinance D- 2064 -11 to the Land Use, Annexation and Economic Development Committee for further
review and consideration.
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Council President Seidensticker announced the First Reading of Ordinance D- 2076 -11; An Ordinance
of the Common Council of the City of Carmel, Indiana, Approving and Adopting an Interlocal Agreement
(Between the City of Carmel and Hamilton County /Community Development Block Grant; Amnon and
Newark Neighborhood Improvements Phase II $217,996). Councilor Griffiths made a motion to move
this item into business. Councilor Sharp seconded. Council President Seidensticker passed the gavel to
Councilor Snyder to present this item to the Council. Councilor Seidensticker made a motion to suspend
the rules and not send this item to committee and vote this evening. Councilor Accetturo seconded.
There was no Council discussion. Councilor Snyder called for the vote. The motion was approved 7 -0.
Councilor Griffiths made a motion to approve Ordinance D- 2076 -11. Councilor Seidensticker seconded.
There was no Council discussion. Councilor Snyder called for the vote. Ordinance D- 2076 -11 was
adopted 7 -0.
Council President Seidensticker reclaimed the gavel from Councilor Snyder.
Council President Seidensticker announced the First Reading of Ordinance D- 2077 -11; An Ordinance
of the Common Council of the City of Carmel, Indiana, Adopting and Adding to Carmel City Code
Chapter 2, Article 4, Section 2 -139 (Non Reverting Solid Waste Operating Transfer Fund #699).
Councilor Griffiths made a motion to move this item into business. Councilor Snyder seconded and
presented this item to the Council. Councilor Sharp made a motion to suspend the rules and not send this
item to committee and vote this evening. Councilor Rider seconded. There was no Council discussion.
Council President Seidensticker called for the vote. The motion was approved 7 -0. Councilor Griffiths
made a motion to approve Ordinance D- 2077 -11. Councilor Sharp seconded. There was no Council
discussion. Council President Seidensticker called for the vote. Ordinance D- 2077 -11 was adopted 7 -0.
Council President Seidensticker announced Resolution CC- 12- 05- 11 -01; A Resolution of the Common
Council of the City of Carmel, Indiana, Approving a Transfer of Funds in the 2011 Fire Department
Budget ($15,000 from Medical Exams to Gasoline). Councilor Griffiths made a motion to move this item
into business. Councilor Rider seconded. Councilor Carter presented this item to the Council. Carmel
Fire Chief, Keith Smith, addressed the Council. Councilor Sharp made a motion to approve Resolution
CC- 12- 05- 11 -01. Councilor Rider seconded. There was no Council discussion. Council President
Seidensticker called for the vote. Resolution CC- 12- 05 -11 -01 was adopted 7 -0.
Council. President Seidensticker announced Resolution CC- 12- 05- 11 -02; A Resolution of the Common
Council of the City of Carmel, Indiana, Amending the Contract with the Carmel Fraternal Order of Police
Lodge No. 185. Councilor Griffiths made a motion to move this item into business. Councilor Snyder
seconded. Councilor Sharp presented this item to the Council. There was no Council discussion. Council.
President Seidensticker referred Resolution CC- 12- 05 -11 -02 to the Utilities, Transportation and Public
Safety Committee for further review and consideration.
ADD -ON
Councilor Carter made a motion to Add -On to the Agenda Resolution CC- 12- 05- 11 -03; A Resolution of
the Common Council of the City of Carmel, Indiana, Affirming the City's Exclusive Jurisdiction with
Respect to Drainage Matters in. Crooked Stick Estates, Section 4, and Approving Matters Related Thereto;
Sponsor(s): Councilor(s) Carter, Rider and Sharp. Councilor Sharp seconded. There was no Council
discussion. Council President Seidensticker called for the vote. The motion was approved 7 -0.
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OTHER BUSINESS
Council President Seidensticker announced Resolution CC- 1.2- 05- 1.1 -03; A Resolution of the Common
Council of the City of Carmel, Indiana, Affirming the City's Exclusive Jurisdiction with Respect to
Drainage Matters in Crooked Stick Estates, Section 4, and Approving Matters Related Thereto. Councilor
Carter presented this item to the Council and read the entire resolution. Councilor Sharp made a motion
to move this item into business. Councilor Rider seconded. There was brief Council discussion.
Councilor Griffiths made a motion to approve Resolution CC- 12- 05- 11 -03. Mayor Brainard addressed
the Council. Councilor Snyder seconded. There was no Council discussion. Council President
Seidensticker called for the vote. Resolution CC- 12- 05 -11 -03 was adopted 7 -0.
ANNOUNCEMENTS
Council President. Seidensticker announced that there would be a Special Council meeting held on
Thursday, December 22, 2011 at 8:30 a.m. for claims approval only.
EXECUTION OF DOCUMENTS
ADJOURNMENT
Mayor Brainard adjourned the meeting at 8:44 p.m.
Clerk- Treasurer Diana L. Cordray, IAN
12/05/11 CC Meeting Minutes
Respectfu ly submitted
Clerk Treasurer Diana L. Cordray, I
Approved,
G
Mayor James Brainard
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