TC Minutes 12-09-1986s
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MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING
HELD DECEMBER 9, 1986 - 7:30 P.M.
The regular meeting of the Town Council of the Town of Avon,
Colorado, was held in the Municipal Building, 400 Benchmark Road,
Avon, Colorado, in the Council Chambers.
Mayor Nottingham called the meeting to order at 7:45 p.m. A roll
call was taken with Emilie Harrison, Clint Watkins, Gloria McRory,
Jerry Davis, and Al Connell present. Councilman Miller was absent.
Also present were Town Manager Bill James, Town Attorney John
Dunn, Director of Public Works, Parks, and Recreation Larry
Brooks, Director of Engineering/Community Development Norm Wood,
Police Chief Joe Olson, Consultant Jim Lamont, and members of the
press and public.
The Mayor called for Citizen Input.
Mr. Bill Young, new General Manager of the Christie Lodge,
approached the Council. He stated he was from Hawaii, and had
been in the hotel business for ten years. He stated that First
Resorts Management Company was his employer, and it was their
goal to operate the Christie Lodge in a successful manner; in such
a way as to enhance Avon and the Lodge itself. He stated he would
not be able to change the unfavorable reputation of the Christie
overnight, but he and First Resorts would be working with the Town
and the Council to improve Avon and the reputation of the Christie
Lodge. He thanked the Council for the opportunity to introduce
himself and First Resorts.
Mr. Gene Larson, with Heritage Cablevision, approached the
Council. Council had asked him to attend to further explain the
changes in Heritage's rate structure that were outlined in a
letter in Council's last packet.
Councilman Davis wanted to know why Avon residents were having to
pay $2.00 more to get the same thing Summit County has.
Mr. Larson stated that the amount of Capital Investment was
substantially more in this area than in Summit County. He stated
that the differences were the result of some very hard budget
decisions that had to be made, and stated he would be happy to
show the Council Heritage's profit/loss figures. Mr. Larson stated
they were limited in the decisions that could be made until they
have exclusive ownership of the system.
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Councilman Davis commended Heritage for the services they have
provided, and hoped Mr. Larson would take the comments offered to
heart.
The Mayor thanked Mr. Larson for his time.
Mr. Gary Sims, representing Wynfield Inns, approached the Council.
He stated that Harvey Champlin could not attend, as was planned.
He referred to a letter from Mr. Champlin that outlined Wynfield's
reasons for appealing Capital Improvement Fees assessed against
the hotel. He stated he had nothing more to add, and asked
Council for a decision on the appeal by which they would abide.
The basis for appeal, as stated in the letter dated 12/1/86, was
(1) a failure by the Town to give proper notice; (2) unequal
protection and application; (3) no offset in fees; (4) undue
hardship and adverse economic impact; (5) other "Good Neighbor"
considerations.
Mr. Champlin's concerns were individually addressed in a memo from
Norm Wood, dated 12/4/86. The memo concluded that the Town saved
Wynfield over $19,000 in potential fees, and stated that the
Capital Improvement fees would be used to benefit all residents
and visitors to Avon, including the Wynfield Inn.
It was the opinion of Mr. Dunn and Mr. James that discussions with
Mr. Champlin, since the date of his memo, seemed to indicate that
Mr. Champlin was beginning to understand the fee assessment and
was possibly becoming less opposed to it.
Mr. Dunn stated he saw no basis for relief from the assessment.
The Mayor stated he felt the assessment was fair and justified.
After brief discussion, Council agreed that the fee was justified
and the assessment would stand.
Mr. Simms also felt that Mr. Champlin might be "comming around" on
the assessment. He requested that Council allow a Certificate of
occupancy to be issued before the assessment was paid, so the
hotel could open on schedule, and asked that Wynfield be granted
90 days in which to pay the fee.
Council agreed.
Mr. Sims thanked Council for their consideration.
Dr. Debbie Garcia, a Pediatrician in Vail, approached the Council.
She stated she had conducted a survey that indicated a great need
for a low-cost children's clinic amoung indigent families in the
community. She approached local doctors and proposed a Saturday
clinic, to be operated by volunteer doctors, in Avon. Families
would be charged based on their ability to pay. She stated that
Eagle County Public Health had indicated a willingness to
participate, and Dr. Thomas Steinberg, County Public Health
Officer, had agreed to allow the County Nurse's Office in the Avon
Town Hall to be used for the clinic. She offered Council a letter
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from Dr. Steinberg giving permission to use the space.
Dr. Garcia requested Council approval for use of the space for the
clinic, and briefly reviewed the results of the survey. She
stated that any fees collected would go back into the clinic.
The Mayor felt it was a very worthwhile project. Councilwoman
McRory found the results of the survey very informative.
Councilwoman Harrison commended Dr. Garcia for her efforts, and
hoped the service would be expanded.
Councilman Davis agreed.
The Council agreed unanimously to the use of the space.
There being no further Citizen Input, the Mayor closed the
discussion.
Second reading of Ordinance No. 86-22, Series of 1986, AN
ORDINANCE REPEALING CHAPTER 15.32 OF THE AVON MUNICIPAL CODE AND
REENACTING CHAPTER 15.32 OF THE AVON MUNICIPAL CODE ADOPTING BY
REFERENCE THE "UNIFORM FIRE CODE", 1985 EDITION, AND PROVIDING A
PENALTY FOR VIOLATION THEREOF.
This was a public hearing.
Norm Wood stated the ordinance would adopt the 1985 Edition of the
Uniform Fire Code, with certain amendments that specifically
addressed this community's needs. He stated that the Code and the
amendments had been reviewed, at length, by the Avon Metro Board
and a number of concerned citizens groups, and the ordinance
represented the consensus of those groups.
Councilwoman Harrison moved approval of Ordinance No. 86-22,
Series of 1986, on second reading. Councilwoman McRory seconded
the motion.
The Mayor opened the meeting for public hearing. There being no
public comment, the Mayor closed the hearing and called for
Council discussion.
There being no comment, a roll call was taken. Councilmembers
Watkins, Connell, Davis, Harrison, and McRory voted "aye". There
were no "nay" votes. The motion carried unanimously.
Second reading of Ordinance No. 86-24, Series of 1986, AN
ORDINANCE AMENDING SECTION 9.12.030 OF THE MUNICIPAL CODE OF THE
TOWN OF AVON AS IT RELATES TO PROHIBITED CONDUCT IN LIQUOR
LICENSED PREMISES AND PROVIDING PENALTIES FOR VIOLATION THEREOF.
This was a public hearing.
Joe Olson stated the ordinance would incorporate two sections of
the Liquor Code into the Municipal Code. He stated the ordinance
would allow the police to cite violators into Municipal Court,
instead of County Court.
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Councilman Connell moved approval of Ordinance No. 86-24, Series
of 1986, on second reading. Councilwoman McRory seconded the
motion.
The Mayor opened the meeting for public hearing.
Mr. Steve Beery, owner of Spanky's Tavern, approached the Council.
He stated he would like to see the ordinance include violations
involving minors, so they could be cited into Municipal Court,
instead of County Court, also.
Chief Olson stated that Municipal Courts were limited in their
powers over minors in criminal matters, whereas County Court was
not.
Mr. Beery stated he was referring specifically to persons between
the ages of 18 and 21. He further stated he would like to see a
provision releasing liquor establishments from liability for sales
to persons who provided false identification.
There was brief discussion on the identification of people as
"habitual drunkards".
Chief Olson stated that the Liquor Code does not differentiate
between those over 18 and those under 18; just under 21 years old.
There being no further public comment, the Mayor closed the public
hearing and asked for Council comment.
Councilman Watkins thought the Town should have an ordinance to
cover people between 18 and 21 years old that try to buy liquor;
especially since there was an ordinance to address the people who
sell liquor to them.
Council agreed.
A roll call was taken, with Jerry Davis, Gloria McRory, Clint
Watkins, Emilie Harrison, and Al Connell voting "aye". There were
no "nay" votes. The motion to approve the ordinance carried
unanimously.
Councilman Watkins moved to direct the Town Attorney to prepare an
ordinance to address the purchase of liquor by people between the
ages of 18 and 21. Councilman Connell seconded the motion, and it
carried unanimously.
First reading of Ordinance No. 86-25, Series of 1986, AN ORDINANCE
AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON BY THE ADDITION OF
SECTION 9.08.023 AS IT PERTAINS TO MENACING AND PROVIDING
PENALTIES FOR VIOLATION THEREOF.
Chief Olson stated this was a revised ordinance, and was almost
identical to the applicable state statute. The ordinance would
allow the police to cite violators into Municipal Court, instead
of County Court.
After brief discussion, Councilwoman Harrison moved approval of
Ordinance No. 86-25, Series of 1986, on first reading.
Councilwoman McRory seconded the motion.
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Those Councilmembers voting "aye" were Gloria McRory, Emilie
Harrison, Al Connell, Jerry Davis, and Clint Watkins. There were
no "nay" votes. The motion carried unanimously.
Second reading of Ordinance No. 86-26, Series of 1986, AN
ORDINANCE AMENDING SECTION 10.04.010 OF THE MUNICIPAL CODE OF THE
TOWN OF AVON AS IT RELATES TO OBEDIENCE TO RAILROAD SIGNALS AND
PROVIDING PENALTIES FOR VIOLATION THEREOF.
This was a public hearing.
Chief Olson stated that the ordinance would require drivers to
remain at a stop, when railroad signals indicated the approach of
a train, rather than just stopping briefly and proceeding.
After brief discussion, Councilman Connell moved approval of
Ordinance No. 86-26, Series of 1986, on second reading.
Councilman Davis seconded the motion.
The Mayor opened the public hearing. There being no comment, the
Mayor closed the public hearing and called for Council discussion.
As there was no further comment, the roll was called.
Those Councilmembers voting "aye" were Jerry Davis, Gloria McRory,
Clint Watkins, Emilie Harrison, and Al Connell. There were no
"nay" votes. The motion carried unanimously.
First reading of Ordinance No. 86-27, Series of 1986, AN ORDINANCE
AMENDING CHAPTER 3.32 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS
IT RELATES TO COLLECTION OF AND LIABILITY FOR THE TAX ON THE USE
OF TIME-SHARE UNITS AND PROVIDING PENALTIES FOR THE VIOLATION
HEREOF.
Mr. Dunn stated there were two corrections to be made. In Section
1, 2nd line from the bottom, and again in Section 3, 4th line of
paragraph C, change the words, "transfer or", to, "transferor".
He stated that the need for this ordinance was brought to light by
a recent audit of Use Tax owed to Avon from Christie Lodge. The
auditing firm recommended that owners associations be made liable
for payment of the tax. He and Mr. James had decided the tax
should be assessed at the begining of each year, to be payable in
twelve, monthly installments, rather than calculating and assess-
ing the tax each month.
Mr. Dunn reviewed the provisions of the ordinance.
Mr. James felt this would be a much better system, for all parties
involved.
Councilwoman Harrison asked what impact the ordinance would have
on unpaid tax now owed to the Town.
Attorney Dennis Cole approached the Council. He stated it was his
opinion that any uncollected tax now owed, under the current
ordinance, could be imposed as a lien on individual owners' units.
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Until January 1, 1987, the owners associations and/or the
management companies would not be liable for payment.
Mr. Cole stated that the management companies were now seeking
opinions as to whether a municipality has the right to make them
jointly and severally liable for payment, with the owners
associations, regardless of whether they have been able to collect
the tax from the unit owners.
After further discussion, Councilwoman McRory moved approval of
Ordinance No. 86-27, Series of 1986, on first reading. Councilman
Connell seconded the motion.
Councilmembers voting "aye" were Gloria McRory, Clint Watkins,
Jerry Davis, Al Connell, and Emilie Harrison. There were no "nay"
votes. The motion carried unanimously.
Resolution No. 86-29, Series of 1986, A RESOLUTION GRANTING A
SPECIAL REVIEW USE FOR THE TRANSFER OF EIGHT RESIDENTIAL
DEVELOPMENT RIGHTS FROM BENCHMARK AT BEAVER CREEK UNASSIGNED UNIT
POOL TO LOT 12, BLOCK 2, BENCHMARK AT BEAVER CREEK.
The Mayor stated he had a potential conflict of interest in this
matter. As Mayor Pro Tem Miller was absent, Mayor Nottingham
called for a motion to appoint Councilman Watkins as temporary
Chairman.
Councilman Connell so moved. Councilwoman Harrison seconded the
motion, and it carried unanimously.
Councilman Watkins proceeded with the meeting, stating that the
matter was referred to Council by the Planning and Zoning
Commission.
Norm wood reviewed the request with the Council, stating that the
transfer would clear out the Unassigned Unit Pool. He stated that
the Planning and Zoning Commission held a public hearing, at which
no public opposition was expressed, and had recommended Council
approval of the Special Review Use.
Councilwoman Harrison moved approval of Resolution No. 86-29,
Series of 1986. Councilwoman McRory seconded the motion.
After brief discussion, the motion carried unanimously.
The mayor resumed his seat.
The next item was not on the agenda, and was introduced by
Attorney Dennis Cole.
Mr. Cole stated that Landmark Hotel Corporation had asked that he
prepare an Inducement Resolution to present to Council, to
facilitate the issuance of Industrial Development Revenue Bonds
for a hotel in Avon. He stated the resolution was identical to
one approved by Council last year, for the same reason. He stated
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there was a limited amount of money available in Colorado for
bonds, and it was doubtful there would be an allocation sufficient
to fund these bonds. He asked Council to approve the resolution,
so Landmark would be in a position to get the money should it
become available.
The Resolution was presented to Council.
Resolution No. 86-31, Series of 1986, A RESOLUTION APPROVING AN
INDUSTRIAL DEVELOPMENT PROJECT FOR LANDMARK HOTEL CORPORATION,
MAKING CERTAIN FINDINGS AND DETERMINATIONS, PRELIMINARILY
APPROVING THE ISSUANCE OF UP TO $10,000,000 PRINCIPAL AMOUNT OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS (HOLIDAY INN PROJECT) IN
CONNECTION THEREWITH AND AUTHORIZING REPRESENTATIVES OF THE TOWN
TO TAKE ACTION INCIDENTAL THERETO.
Discussion followed.
Attorney Jim Wear, partner of Mr. Cole, stated that there was,
indeed, a slim chance of getting the money; however, without
approval of the resolution, there would be no chance at all.
Further discussion followed.
Councilman Watkins moved approval of Resolution 86-31, Series of
1986. Councilwoman Harrison seconded the motion, and it carried
unanimously.
The next item, also not on the agenda, was Resolution No. 86-30,
Series of 1986, A RESOLUTION APPROVING A FINAL SUBDIVISION PLAT
AND CONDOMINIUM MAP OF THE FALCON POINTE CONDOMINIUM, LOT 45,
BLOCK 2, TOWN OF AVON, EAGLE COUNTY, COLORADO AND FINAL
SUBDIVISION PLAT AMENDMENT NO. 4, BENCHMARK AT BEAVER CREEK.
Mr. James stated that the resolution was before Council at this
time so that Falcon Pointe could get their sales program in place
before peak season.
Mr. Mark Mitchell, representing Falcon Pointe Lodge, approached
the Council. He stated that construction was scheduled to be
completed by the Christmas Holiday, and they hoped to begin
time-share sales and a rental program by that time.
He stated that the resolution contained some conditions for
approval that they were working on, one of which was a density
question that had to be approved by Special Review Use.
Discussion followed.
The mayor asked if Falcon Pointe's differences with Beaver Creek
West had been resolved. Mr. Mitchell stated he had the documents
to resolve the problems with him, and the checks.
Councilman Watkins had a problem with the fact that Council had
not been allowed time to review the resolution, and the fact that
it had not been posted on an agenda for public information.
Councilman Connell felt that Mike Bennett, with Beaver Creek West,
should be present.
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Councilman Davis had a problem with the last-minute way the matter
was being handled.
Further discussion followed.
Mr. James stated he would probably need to meet with Council, on
December 16th, to discuss shopping center matters. That being the
case, he suggested taking action on the resolution at that time.
The Mayor felt that, if the applicant had no problem with certain
contingencies being included in the resolution, the matter should
be resolved now.
Councilman Connell agreed.
Councilman Watkins disagreed; he felt some time to review the
matter was needed.
Mr. James recommended waiting until the 16th.
Councilman Davis agreed.
Councilman Watkins moved to table Resolution No. 86-30, Series of
1986, until a Special Meeting to be held on December 16, 1986.
Councilman Davis seconded the motion, and it carried unanimously.
The Town Attorney's reports were next.
Regarding the Peregrine litigation, Mr. Dunn stated that the
FSLIC's Motion to Dismiss is set for hearing around the 29th of
January, 1987.
Regarding Sunroad Group vs. Town of Avon, Mr. Dunn stated that the
Town's motion to Dismiss was granted, without prejudice. He
stated it appeared that the matter was near an end.
Council complemented Mr. Dunn on a job well done.
A discussion on designating Avon as a Nuclear Free Zone was next.
Council had received a letter, from Pamela A. Telleen, expressing
strong support for the designation. There were also members of
the Great Peace March in the audience.
Mr. James stated he had not had a chance to verify the information
contained in the letter, but he felt the concerns were legitimate.
It was stated that the Town could not regulate use of the
Interstate, regardless of any type of Nuclear Free designation.
Councilman Davis felt the Council should pass a Nuclear Free
resolution.
Councilman Connell agreed.
Councilwoman Harrison disagreed. She felt it would be an
ineffectual gesture.
Discussion followed.
Councilman Watkins suggested scheduling a public hearing, in
January, to see what kind of community response would be offered.
Council agreed.
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Next on the agenda was a request for an extension in the filing
deadline for the Eaglebend Final Plats.
Norm Wood stated that Jeff Spanel, with Inter-Mountain Engineering
and representing Eaglebend, had requested a 120-day filing exten-
sion for the Eaglebend Final Plats. They would accept a lesser
extension, at the Council's discretion.
Mr. Wood stated that staff had no problem with the request, but
recommended setting a specific date; he felt April 15, 1987, would
be appropriate.
Councilman Connell moved to extend the deadline for filing of the
Eaglebend Final Plats to April 15, 1987. The motion was seconded
by Councilman Davis, and it carried unanimously.
The Avon Exchange Agreement with the Forest Service was considered
next.
Mr. James stated there was a letter from Western Land Exchange in
Council's packet, addressing the Forest Service's conditions for
approving the exchange.
He stated that neither Tom Glass or Dan Pike had been able to
attend this meeting. They had recommended putting it aside until
the next meeting, when Mr. Glass could attend to address the
Council. Mr. James agreed with the recommendation.
Mr. James then reviewed the Forest Service recommendations and
Decision Notice with the Council.
It was agreed to take the matter up at the 1st meeting in January,
when Tom Glass could attend.
The Financial Matters were next presented to Council.
Councilman Connell moved to receive items #1 through #8. Council-
woman McRory seconded the motion, and it carried unanimously.
Councilman Connell moved approval of the General Fund Accounts
Payable for December 9, 1986. Councilwoman McRory seconded the
motion, and it carried unanimously.
Councilman Connell moved approval of the Transit Fund Accounts
Payable for December 9, 1986. Councilwoman McRory seconded the
motion, and it carried unanimously.
Councilman Connell moved approval of the Reconciliation of
Accounts Payable for December 9, 1986. Councilwoman McRory
seconded the motion, and it carried unanimously.
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The minutes of the November 25, 1986, regular meeting, and the
December 2, 1986, Special Meeting were offered for Council
approval.
Councilman Connell moved approval of the November 25th meeting
minutes, as presented. Councilwoman Harrison seconded the motion,
and it carried unanimously.
Councilman Connell moved approval of the December 2nd Special
Meeting minutes, as presented. Councilwoman McRory seconded the
motion, and it carried unanimously.
Mayor Nottingham stated that Council agreed, during the earlier
Work Session, that an official statement should be issued
regarding the Town of Vail's attempt to purchase the Singletree
Golf Course. The matter was discussed extensively at the Work
Session. The Mayor asked for Council suggestions as to the
wording of the statement.
Councilman Connell stated he was very disappointed that June Creek
Ranch Company did not approach Avon about the purchase, especially
since Avon is contiguous with Berry Creek.
Councilman Davis suggested that Mr. James restate his earlier
comments, and then draft the statement.
Mr. James stated that comments in the Work Session indicated
Council support for approaching the Town of Vail with a proposal
for a joint venture in the purchase. If this was acceptable to
Vail, efforts would be made to work out the details.
Council agreed.
Mr. James stated that Vail had a public hearing on the matter
scheduled for December 16th, and suggested that as many Council-
members as possible try to attend. He stated he would like to
draft a letter to Ron Phillips, in the meantime. Council agreed.
It was stated that Avon's Council would meet in a Special Meeting,
on December 16, 1986, at noon.
Mayor Nottingham stated he had inquired about the possibility of
getting Gold Medallions. He stated that Council had decided to
put the $10,000 given to the American Ski Classic in the past into
a contingency fund, and to attempt to get the medallions for the
contribution made to the World Cup. The Mayor stated the efforts
were unsuccessful. He stated that the Vail Foundation needed to
use the medallions to raise funds for the American Ski Classic,
only.
The Mayor felt Council had lost sight of the real reasons behind
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donations to the Ski Classic; those being the marketing and
promotional benefits the Town receives, not the medallions.
He stated that the $10,000 had been part of the Town's Marketing
budget in the past, and he felt it should continue as such. He
did not want Avon to stay in the background and go unrecognized.
He asked Council to reconsider the donation to the Ski Classic,
and to contribute at the level of Silver Sponsor.
Mr. James stated that the funds were available.
Councilman Connell moved to reconsider the donation to the
American Ski Classic, and to contribute at the level of Silver
Sponsor. Councilwoman Harrison seconded the motion.
Councilman Davis felt that if one donation was to be reconsidered,
then all donations not made this year should be, also.
Councilwoman Harrison felt that the exposure was worth the
expense.
Councilwoman McRory felt the donation would be worthwhile.
Councilman Connell agreed.
Councilman Watkins felt the only benefit from the donation would
be the medallions. He felt two Bronze sponsorships, at $3,500
each, would be more appropriate, and the extra $3,000 could be
donated to some other organization.
Discussion followed.
The Mayor felt that the benefits received were well worth the
$10,000.
At this point, Councilman Miller arrived and took his seat. The
Mayor reviewed the discussion for him.
Councilman Miller felt the benefits were not worth $10,000.
Further discussion followed.
The Mayor called for a vote on the motion.
There were 2 votes in support, and 4 opposed. The motion was
denied.
Councilman Watkins moved to authorize a donation of $7,000 to the
American Ski Classic, at the level of 2 Bronze Sponsorships,
conditioned upon the Town receiving 2 Gold Medallions for the
donation. Councilman Connell seconded the motion.
There were 4 votes in support, and 2 opposed. The motion carried.
Referring to the letter in Council's packets regarding the
Nottingham Stockyard Annexation, Mr. James stated that the matter
would be taken up at the next meeting.
Councilman Miller asked whether it would be appropriate for him to
request that Council adjourn into an Executive Session. He stated
he had some information on the Singletree issue that he felt would
be of interest.
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After brief discussion, Councilman Miller withdrew his request.
There being no further business to come before the Council,
Councilman Connell moved to adjourn. The motion was seconded by
Councilman Watkins, and it carried unanimously.
Mayor Nottingham adjourned the meeting at 11:04 p.m.
Respectfully Submitted:
/s/
Barbara R. Joseph,
Deputy Town Clerk
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