Meeting Minutes

Meeting Minutes
posted: 08/15/06

County Council Meeting Minutes


August 8, 2006

County Council of Dorchester County

Regular Meeting Minutes

August 8, 2006

 

The County Council of Dorchester County met in regular session on August 8, 2006 with the following members present: Present were David Yockey, Vice President; Effie M. Elzey; Ricky Travers; William Nichols. Also present were E. Thomas Merryweather, County Attorney; Jane Baynard, County Manager and Donna Lane, Administrative Specialist.

 

REGULAR SESSION

 

EXECUTIVE SESSION

The Council adjourned from Regular Session and convened in an Executive Session to discuss one legal item, six personnel items and two economic development items pursuant to § 10-506(a) of the State Government Article of the Maryland Annotated Code.

 

INVOCATION AND PLEDGE OF ALLEGIANCE

Councilman Yockey led the invocation and Councilman Nichols led the pledge of allegiance.

 

CALL FOR ADDITIONS OR DELETIONS TO AGENDA

 

Ms. Baynard stated that the request of Sheriff James Phillips to accept the Gun Violence Reduction Grant, the Domestic Violence Unit Pilot Program Grant and the Gang Planning Grant Awards from the Governors Office of Crime Control & Prevention  was deferred for more clarification.

 

Council agreed to add a request to declare property surplus and the funding of a Sexual Offender Registry position requested by Sheriff Phillips to the open session agenda.

 

Ms. Baynard stated that although Councilman Bramble was unable to attend the meeting due to representing the Council at the National Association of Counties Conference, she is in possession of his written proxy.

 

APPROVAL OF MINUTES-JULY 25, 2006

 

The Council approved the minutes for July 25, 2006 as presented.

 

APPROVAL OF DISBURSEMENTS

The Council approved vouchers as presented with Councilman Travers abstaining for Simmons Center Market. 

 

FINANCIAL REPORT: CASH AND INVESTMENTS

 

Councilman Bramble reported total cash and investments as $3,827,339.59.

BUDGET TRANSFER REQUEST-CLEAN AND LIEN

 

Council approved the budget transfer request from Michael Spears, Finance Director, to transfer $30,000 from Property Expenses in the FY2007 Planning and Zoning Budget to Clean and Lien under Community Development.  Council acknowledged that the move is to better operate the Clean and Lien program by setting up a new account.  Council also acknowledged that Planning and Zoning will still manage the Clean and Lien program.

 

BUDGET TRANSFER AND AMENDMENT REQUEST-BOARD OF EDUCATION

Council deferred the Budget Transfer and Amendment requests from Frederic Hildenbrand, Superintendent of Schools for the Board of Education, until more clarification on the increases in miscellaneous revenues and the categorical budget transfers can be received from the Board of Education.

 

BUDGET TRANSFER REQUEST-ECONOMIC DEVELOPMENT

Council approved the budget transfer request of Brad Broadwell, Economic Development Director, of $30,240 from the FY07 Contingency Fund to a new fund titled “Economic Development-Dorchester 1st Fund” to set up an 11 month budget for the Dorchester First!  program for operations under Economic Development.

 

EXECUTIVE SESSION SUMMARY

The County Council of Dorchester County convened in an Executive Session at 5 p.m. on August 8, 2006, in a closed session at Room 110, County Office Building, 501 Court Lane, Cambridge, Maryland, pursuant to the State Government Article, §10-508(A)(1), to discuss five personnel items; 10-508(A)(3) to discuss one economic development item; and Approval of the July 25, 2006 minutes.   

 

Motion made, seconded and carried to conduct a closed session pursuant to the above.  All members of the Council voted in the affirmative to conduct the closed session for the purposes stated above and to discuss the topics listed above.

 

Action taken at the closed session: 1) Drug Treatment Coordinator-District/Circuit Court-approved position; 2) Sexual Offender Registry Position-Sheriff-deferred for open session; 3) Hiring of 911 Dispatcher-approved; 4) Promotion of employee-Public Safety-approved; 5) Discussion on Heritage Area funding; 6) Economic Development Update.

 

The above information is being provided to the public pursuant to and in compliance with Section 10-509(h)(2) of the State Government Article.

 

PROCLAMATION-VETERANS RECOGNITION DAY-SEPTEMBER 9, 2006                                         

The Council issued a proclamation recognizing September 9, 2006 as Veterans Recognition Day.  Commander George Ames accepted the proclamation on behalf of the American Legion Post 87.

 


PRESENTATION-SCIENCE FAIR WINNER FRASER HOOD/MACES LANE MIDDLE SCHOOL                    

 

The Council issued a commendation recognizing Fraser Hood, a Maces Lane Middle School student, as the 2006 Science Fair Winner.   Fraser Hood accepted the commendation.  He presented a synopsis of his project “Dirty Ditches” which compared dredged and non dredged ditches.

 

SPEAKER-JOE ROSS-AFFILIATION OF SHORE HEALTH SYSTEMS AND UNIVERSITY OF MARYLAND                   

 

Mr. Joe Ross, President and CEO of Shore Health Systems, stated that on June 28 the affiliation of Shore Health Systems and the University of Maryland was agreed upon and that the effective date was July 1, 2006.  He said that Shore Health Systems will still continue to have a Board of Directors and that the University of Maryland will appoint two of their members to the Board.  He stressed that the Shore Health Systems Board will still have some residents on the Board who live in Dorchester County or have their primary place of business in Dorchester County plus one member of medical staff here Mr. Ross said that two members of the Shore Health Systems Board will be recommended to sit on the University of Maryland Board.  He said that certain powers were given to the University of Maryland that include the borrowing of money in excess of $1 million dollars and signing contracts in excess of $1 million dollars.  Mr. Ross stated that he would continue to be the President and CEO of Shore Health Systems and that he reports to the local board and the president of University of Maryland Medical System.

 

Mr. Ross said that the purpose in affiliating was to respond to the changes in the five Mid Shore counties the hospital serves including population growth and the aging population of the counties.  He said that Dorchester General Hospital and the Memorial Hospital at Easton both have an aging workforce which includes nurses, certified assistants, physicians and pharmacists and that he believes the relationship with the University of Maryland will give them the ability to attract physicians that are attending University of Maryland Medical Center.  Mr. Ross advised that the hospitals have so far recruited neurosurgeon and two kidney specialists from the University of Maryland Medical Center. He said that both hospitals are in need of repair and that merging with the University of Maryland has allowed them to save $110,000 a year for 30 years, by using their bond rating to borrow money to construct a new emergency room at The Memorial Hospital at Easton, Inc.

 

Mr. Ross advised Council that they are pursuing construction of a new contemporary medical office building that will consist of condominiums that will be purchased by physicians.  He said the building will be 54,000 square feet and will be located next to the hospital.    Mr. Ross said that they need to obtain approval to remove a parcel of land from a tax exempt bond but that they have all City permits except for the building permit.

Mr. Ross advised Council that they hired a few new physicians this year including

Rose Mateo, an infectious disease physician who will work in both hospitals with serious infections, lymes disease and will be helpful in helping developing a plan to deal with the pandemic flu.

 

In response to a question from Councilman Nichols, Mr. Ross said that there will be no reduction at the Dorchester facility, but instead, they intend to expand services.

 

In response to a question from Councilman Travers, Mr. Ross said that the new affiliation does mean giving up local control on some issues as well as the concern of losing good employees in the period of uncertainly as they continue to execute the affiliation.

 

Based on a question from Councilman Travers concerning the existing office building for doctors on Byrn Street, Mr. Ross said that the buildings will stay until the new office building is constructed and then they will be removed and replaced with parking lots.  He estimated that they will break ground in October or November.  Mr. Ross said that the Board did consider relocating Dorchester General Hospital because of work that needed to be done to the emergency room but it was not economically feasible due to the costs to replace the existing facility.

 

In response to a question from Councilman Yockey concerning the possibility of Shore Health Systems moving further into the mental health filed, Mr. Ross said that they are very concerned about the lack of mental health services in the region and that there was a mental health study recently completed.  He said that when the study is complete he will come back before Council to discuss the findings. 

 

In response to a question Travers, Mr. Ross said that at the current time there is not a nursing shortage at Dorchester General Hospital or The Memorial Hospital at Easton, Inc.

 

LEGISLATION SESSION

 

Council adjourned to Legislative Session.

 

Council considered the amendment of Bill No. 2006-5  A RESOLUTION OF THE COUNTY COUNCIL OF DORCHESTER COUNTY, MARYLAND, PURSUANT TO ARTICLE XI-A, SECTION 5 OF THE CONSTITUTION OF MARYLAND AND PURSUANT TO SECTION 601 OF THE CHARTER OF DORCHESTER COUNTY, MARYLAND ADOPTING A PROPOSAL TO AMEND SECTION 210 (B) AND SECTION 210 (C) OF THE CHARTER OF DORCHESTER COUNTY, MARYLAND PROVIDING THAT IF A VACANCY OCCURS IN THE OFFICE OF COUNTY COUNCIL BEFORE 180 DAYS PRIOR TO THE EXPIRATION OF THE TERM OF A COUNCILMEMBER, THE REMAINING COUNCILMEMBERS, SHALL, WITHIN 30 DAYS OF THE DATE OF THE VACANCY, BY RESOLUTION, ORDER A SPECIAL ELECTION TO FILL THE UNEXPIRED TERM OF SUCH COUNCILMEMBER, AND PROVIDING THAT THE SPECIAL ELECTION TO FILL THE VACANCY SHALL BE HELD WITHIN 120 DAYS FROM THE DATE OF THE VACANCY; AND PROVIDING THAT ALL CANDIDATES FOR ELECTION TO FILL THE VACANCY SHALL MEET THE SAME QUALIFICATIONS AND RESIDENCE REQUIREMENTS AND WHEN SUCCEEDING A PARTY MEMBER, SHALL BE OF THE SAME POLITICAL PARTY AS THE COUNCILMEMBER WHO VACATED OFFICE AND SHALL BE ELECTED BY THE VOTERS FROM THE SAME COUNCILMANIC DISTRICT AS THE COUNCILMEMBER WHOSE OFFICE IS VACATED AND PROVIDING THAT IF A VACANCY OCCURS IN THE OFFICE OF THE COUNTY COUNCIL WITHIN 180 DAYS OF THE EXPIRATION OF THE TERM OF A COUNCILMEMBER, THE VACANCY SHALL BE FILLED BY APPOINTMENT BY THE DORCHESTER COUNTY CENTRAL COMMITTEE OF THE POLITICAL PARTY AFFILIATED WITH THE PERSON WHO VACATED THE OFFICE, WHEN SUCCEEDING A PARTY MEMBER, AND IF NOT SUCCEEDING A PARTY MEMBER, THEN THE VACANCY SHALL BE FILLED BY A COMMITTEE OF FIVE (5) PERSONS APPOINTED BY THE COUNTY COUNCIL, AND PROVIDING THAT THE PROPOSED CHARTER AMENDMENT BE SUBMITTED TO THE VOTERS OF DORCHESTER COUNTY, MARYLAND AT THE NEXT GENERAL ELECTION SCHEDULED FOR NOVEMBER 7, 2006 AND PROVIDING THAT THE PROPOSED CHARTER AMENDMENT AND LOCAL QUESTION BE CERTIFIED TO THE DORCHESTER COUNTY BOARD OF ELECTIONS ON OR BEFORE AUGUST 21, 2006.

 

The role call on the enactment of the amended Bill No. 2006-5 was as follows: Bramble-aye; Elzey-aye; Travers-aye; Nichols-aye; Yockey-aye. 

 

REGULAR SESSION

 

Council adjourned to Regular Session.

 

MANAGER’S COMMENTS 

 

2007 VISITOR GUIDE PRINTING RFP REQUEST-TOURISM

 

Council approved the request of Natalie Chabot, Tourism Director, to advertise for requests for proposals to print the 2007 Visitor’s Guide for Dorchester County and agreed that direct mail solicitations may be included.

 

FY06 CITIZENS CORP COUNCIL PROGRAM GRANT APPLICATION-PUBLIC SAFETY

 

Council approved the request of Steve Williams, Public Safety Director, to submit the FY06 Citizens Corp Council Program Grant Application to the Maryland Emergency Management Agency in the amount of $11,845 for the grant period of July 1, 2006 to March 31, 2008. Council acknowledged that the grant will supply training, supplies, and develop public awareness programs for the volunteer Citizens Corp Council Program which assists the County residents whenever there is a natural or a man made disaster.

 

CAPITAL EXPENDITURE REQUEST-911 CENTER

 

Council approved the request of Mr. Williams to purchase a total of eight computers and four CAD video cards for the computers for $13,310 from the FY07 911 Center Capital Budget.  Council acknowledged that the purchases are below the amount stated in the Capital Budget and that the purchased will be made with Don Keyes, Technology Manager. 

 


UPPER SHORE PRIVATE INDUSTRY COUNCIL/WORKFORCE INVESTMENT BOARD

 

Council approved the reappointment of Philip Bramble as the private sector member of the Workforce Investment Board for the Upper Shore Private Industry Council representing Dorchester County.

 

WOOLFORD/MADISON SEWER PROJECT-ENVIRONMENTAL STUDY-SANITARY DISTRICT

 

Ms. Baynard stated that at the July 25, 2006 meeting, the Council agreed to expend $3,000 from the County’s Contingency Fund for the County’s local match toward the cost of the preparation of an Environmental Report for the Woolford/Madison Sewer Project.  She clarified that the request was actually to have the Council confirm that pursuant to the Annotated Code of Maryland, Environmental Article 9-650, should the grant funding not materialize, the Council will advance the entire cost of the report. 

 

Council approved the request of James Herbert, Sanitary District Director, fund the Environmental Study of the Woolford/Madison Sewer Project in the amount up to $12,000, including the required local match, pursuant to the Annotated Code of Maryland, Environment Article, Section 9-650-Advances in the event that Federal Funding is not available.  

 

AGREEMENT FOR CONSTRUCTION ASSISTANCE-TAYLORS ISLAND SHORELINE & WETLANDS PROTECTION PROJECT-PW

  

Council approved the request of Bob Tenanty, Public Works Director, to execute the Agreement for Construction Assistance between the Department of the Army and the County Council for the Taylors Island Shoreline & Wetlands Protection Project.  Council acknowledged that the agreement is for 75% federal funding for the project with the local share being 25% funded by an interest free loan from the Maryland Department of Natural Resources.  Council also acknowledged that the funds to repay this loan would be due following completion of construction and will be repaid over 25 years at an annual cost of $12,958 for the shoreline protection portion and $22,170 for the wetland protection project.

 

PIPE BID AND SNOW PLOW BID AWARD

 

Based on recommendations from Mr. Tenanty, Council awarded the bid for asphalt coated metal, aluminum and plastic drainage pipes to Lane Enterprises in accordance to the unit prices they provided in their bid proposal which were tabulated for Council’s review.  Council acknowledged that Lane Enterprises proved to be the most economical choice because of the stockpile of PVC pipe at the Highway Department that is compatible with their proposed product.

 

Based on a recommendation from Mr. Tenanty, Council awarded the bid for five snow plows to H.A. DeHart and Sons, the lowest bidder, at a total cost of $32,700.  

 

Council acknowledged that the drainage pipes and snow plows will be purchased with from funds available in the FY 07 Capital Budget.

 

SEDIMENT AND EROSION CONTROL PLAN FOR BEULAH LANDFILL-PUBLIC WORKS

 

Council approved the request of Mr. Tenanty to waive bids and contract with GeoSyntec Consultants, Inc. to prepare revisions to the Sediment and Erosion Control Plan for Beulah Landfill in order to add cells three and four to the plan and to update the plan as is required by State law.

 

GROUND AND SURFACE WATER MONITORING PLANS-PUBLIC WORKS

 

Council approved the request of Mr. Tenanty to contract with GCI Environmental Services to update the Ground and Surface Water Monitoring Plans for Golden Hill and Secretary Landfills in the amount of $3,350.00 from Landfill Enterprise Funds. 

 

ACKNOWLEDGEMENT OF RECEIPT OF REVENUE SHARING-BLACKWATER NATIONAL WILDLIFE REFUGE

 

Council acknowledged the receipt of the Fiscal Year 2006 revenue sharing check in the amount of $69,667 from the Blackwater National Wildlife Refuge in accordance with the Refuge Sharing Act in which payments are made to counties where National Wildlife Refuges are located.  Council acknowledged that this amount represents 50.9% of the taxes that would be due and owing if the Revenue Sharing Act was not in place.

 

Councilwoman Elzey stated that she spoke with a staff member at Congressman Wayne Gilchrest’s office and asked him to see if it is possible to put together an independent group that could assess how the revenue sharing process is done and the possibility of the County receiving some of the tourist dollars generated by the Blackwater Wildlife Refuge in order to offset the County’s lost revenues.

 

SAILWINDS PARK EAST VENDOR AGREEMENT CONFIRMATION

 

Council confirmed their approval of the execution of a non-exclusive Sailwinds Park East Vendor Agreement between Blackwater Paddle and Pedal Adventures, LLC and Dorchester County for Blackwater Paddle and Pedal Adventures, LLC to operate a rental business during the 2006 season at Sailwinds Park East near the Dorchester County Visitor’s Center for the rental of bicycles and non-motorized watercrafts including kayaks until October 31, 2006 with a one year extension to October 31, 2007 if agreed to by both parties.  Council acknowledged that in exchange for operating the business Blackwater Paddle and Pedal Adventures, LLC will maintain the grounds of Sailwinds Park East from the amphitheater to the water over to the boardwalk of the Visitor’s Center which includes cutting the grass every two weeks and picking up litter.

 

ACCEPTANCE OF GRANT AWARDS FROM GOVERNORS OFFICE OF CRIME

CONTROL & PREVENTION-SHERIFF DEPT.

 

Council deferred the request of Sheriff James Phillips for acceptance of grant awards from the Governor’s Office of Crime Control & Prevention until more clarification is received.

 

RESOLUTION AMENDING WATER AND SEWER PLAN-LINKWOOD LANDING MOBILE HOME PARK

 

The Council approved the request and of Linkwood Landing Mobile Home Park to Amend the Comprehensive Water and Sewer Plan to change the name of the park to Linkwood Landing Manufactured Home Park; add text amendments to increase the number of homes to allowed from 185 to 250; allow for the addition of a community center and the construction of a private wastewater treatment plant; and attach a water service area map and a sewer service area map to the plan.  Council acknowledged that the proposed drip irrigation disposal system will be constructed in accordance with applicable MDE groundwater discharge and construction permits and the initial units served by the existing BIP will be disconnected and the existing BIP will be abandoned.

 

REQUEST FOR LETTERS OF SUPPORT-JOHN SMITH TRAIL DESIGNATION-TOURISM

 

Council approved the request of Ms. Chabot and agreed to execute Letters of Support for the John Smith Trail Designation to the National Park Service.

 

REQUEST TO EXPEND CAPITAL FUNDING-FINANCE

 

Council agreed to the request of Michael Spears, Finance Director, to expend FY 07 Capital Dollars designated for the project entitled Internet Access for Treasury Information which will allow taxpayers to access the County’s real estate billing systems, system to see what has been paid and what, if any, balance is still owed.  Council acknowledged that Mr. Spears has indicated that there will be an additional cost of $800 for the implementation of the software but will fund the additional cost from his FY2007 Capital Budget.

 

CAPITAL BUDGET EXPENDITURE REQUEST-RECREATION AND PARKS

 

Based on the recommendation of Scott Eberspacher, Recreation and Parks Director, Council approved the FY 07 Capital Budget Expenditure Request from Mr. Eberspacher to accept a bid from Eastern Service Corporation for a new mid mount mower in the amount of $7,250,000.  Council acknowledged that the bid from Eastern Service Corporation was not the lowest bid received but that staff believed the motor would meet the department’s needs and the Department has confidence in service provided from this company.

 

Based on the recommendation of Scott Eberspacher, Recreation and Parks Director, Council approved the FY 07 Capital Budget Expenditure Request to accept a bid from Atlantic Tractor for an 8 foot pull behind land leveler for a tractor in the amount of $2,975.00. 

 

Based on the fact that the purchase of the mid mount mower cost less than the budgeted allowance for the equipment, Council approved the request of Mr. Eberspacher to purchase an auger drill and two auger blades from Eastern Service Corporation in the amount of $1,075.00 from the remaining $5,250.00 budget balance.

 

APPROVAL OF FY07 PROGRAM OPEN SPACE GRANT APPLICATIONS-RECREATION AND PARKS

 

Council approved the request of Mr. Eberspacher to submit the following Program Open Space Applications and acknowledged that the County share is included in the approved FY07 budget for $19,250:

 

1)         Pool Storage Building & Fence Renovation in the amount of $79,000 with a local match of $7,900; 

 

2)         J. Edward Walter Park Parking Lot Paving in the amount of $20,500 with a local match of $2,050 which represents an increase of the total cost by $7,500 as listed in the FY07 Capital Budget due to increased costs of paving materials; 

 

3)         Hurlock Ball Field Renovation in the amount of $51,000 with a local match of $5,100;

 

4)         Sailwinds Park East Park Improvements in the amount of $21,000 with a local match of $2,100.  Council acknowledged that the total amount requested of this project was increased from the approved $10,000. Council also acknowledged that the $1,100 increase in the local match will be paid from the Tourism Department, as agreed to by Ms. Chabot.

 

Council acknowledged that the Christ Rock basketball court project for FY07’s project list with a total cost of $9,500 and a $950 County match was eliminated.

 

Council approved the submission of the applications of the following two items to the FY07 Program Open Space Project list:

 

1)         Busick Tennis Court Complex Fencing in the amount of $55,000.  Council acknowledged that the Busick Foundation has agreed to pay the local County match of $5,500 for the Busick Tennis Court Complex Fencing project.

 

2)         Hurlock Youth Softball Field Development in the amount of $18,000.  Council acknowledged that the local match of $1,800 will be paid from the Recreation and Parks Other Expense Budget Category in the FY07 Capital Budget.

 

SURPLUS PROPERTY

 

Council property on the attached list as surplus property and agreed to advertise the property for sealed bids along with property previously declared as surplus at a prior Council meeting.  Ms. Baynard explained that the additional property was acquired by the County when the Board of Education transferred the Mace’s Lane Middle School.  Based on a suggestion from Karen Tolley, Council agreed to allow representatives of  incorporated municipalities to review the surplus equipment, except for the motor vehicles, before advertising the surplus property so that they may have a chance to request some or all of the property for their needs.  Council requested that any property the municipalities receive be used for public purposes.

 

FUNDING FOR SEXUAL OFFENDER REGISTRY POSITION

 

Ms. Baynard stated that in Executive Session Council acknowledged that funding for a Sexual Offender Registry contractual position in the amount of $10,000 was received from the State of Maryland and that Council approved funding the remaining $28,880 balance of the salary for the position from the FY07 Contingency Fund.

 

PUBLIC COMMENTS

In response to a question from Rick Price, a resident of Dorchester County in reference to a list of those receive assistance as a result of the late June 2006 flood damage, Ms. Baynard stated that she has not received a list from Emergency Management but that there compiling date and she will follow up on getting that data.

 

In response to a question from Glenn Payne, a resident of Dorchester County concerning the late June 2006 flooding what affect it had on the composting site at the Beulah Landfill, Councilman Yockey said that the site is being constantly monitored.  Mr. Tenanty stated that there was surface discharge for a couple of days after the flooding but that it has been corrected and that there are constantly monitoring the groundwater on the site.  Councilman Yockey stated that the Maryland Department of Environment was also overseeing the site.  Based on a question from Mr. Payne, Mr. Tenanty stated that no product is being delivered to the composting site.  Councilwoman Elzey stated that the landfill is working diligently to monitor and clear the composting site and that the County has located a buyer for some of the product.

 


COUNCIL’S COMMENTS/ADJOURNMENT

 

Councilman Travers stated that the American Legion Post 91 baseball team placed second in the State finals and that he will be presenting a commendation to the Post tomorrow. 

 

Councilwoman Elzey stated that the Maryland Association of Counties is offering a $1.50 discount through their website on the purchase of new energy efficient light bulbs and that they are giving out awards for those counties who purchase large amounts.

Councilwoman Elzey stated that the State of Maryland has declared August 23 to August 27, 2006 as a tax free week on the purchase of school clothes.

 

Councilman Yockey advised that everyone should participate in the Veterans Recognition Day on September 9, 2006 and that school will start in a couple of weeks.

 

With no further business to discuss, the Council adjourned.

 

 

ATTEST:                                                        DORCHESTER COUNTY COUNCIL:

 

______________________________            ____________________________________

Jane Baynard, County Manager                       Glenn L. Bramble, President

 

                                                                        ____________________________________

                                                                        David Yockey, Vice President

 

                                                                        ____________________________________

                                                                        Effie M. Elzey

 

                                                                        ____________________________________

                                                                        William V. Nichols

 

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