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Minutes - 05/28/2002 Special COUNCIL MEETING MINUTES May 28, 2002 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MAY 28, 2002. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0010 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Jennings Bjelland Chadwick Figley McCallum Nichols Sifuentez Present Present Absent Present Present Present Absent Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director Mulder, Police Chief Null, Deputy Police Chief Russell, Park & Recreation Director Westrick, Finance Director Gillespie, Public Works Manager Rohman, City Recorder Tennant 0100 Mayor Jennings stated that Councilor Chadwick is recovering from pneumonia and Councilor Sifuentez is out of state and will be returning on Wednesday. 0150 ANNOUNCEMENTS. A) Public Hearing: The Council will hold a public hearing on the proposed City Budget for Fiscal Year 2002-03 on Monday, June 10,2002,7:00 p.m., in the City Hall Council Chambers. B) Public Library Closure: The Library will be closed on Friday, June 21,2002, for staff computer training. C) Dance, Dance, Dance Spring Recital: Students participating in this program will hold their spring recital on June 1,2002 at 1:00 p.m. and 3:00 p.m. at the Woodburn High School Lectorium. D) Cascade Surge Soccer: Opening Day for Cascade Surge at Legion Park will be on Saturday, June 8, 2002, at 7:00 p.m.. E) Reception for Community Relations Officer: A reception to introduce the City's new Community Relations Officer Javier Meza-Perfecto will be held on June 30,2002 from 4:00 pm to 6:00 pm in the City Hall Council Chambers. F) Police Chief Reception: On Friday, May 31, 2002, a farewell reception will be held beginning at 2:00 p.m. for Police Chief Paul Null who is retiring as of that date, and incoming Chief Scott Russell will be sworn into office. This event will be held in the City Hall Council Chambers. Page 1 - Special Council Meeting Minutes, May 28, 2002 COUNCIL MEETING MINUTES May 28, 2002 TAPE READING 0240 PRESENTATION: OREGON ROUTE 99E CORRIDOR SAFETY REPORT. Dave Bishop, Region II Manager for Oregon Dept. of Transportation, made a presentation to the Council on the Oregon Highway 99E Corridor Safety Report which was a project initiated by the Mid- Willamette Area Commission on Transportation. The report statistics cover the period of January 1994 through December 31, 1999 and it covers a 24-mile distance from the north Salem city limits to the north city limits of Canby. The study utilizes data from the ODOT Safety Management System which is a compilation of statistics from law enforcement agencies filed on traffic accidents and crashes. The study was divided into four segments: 1) Salem to south city limits of Woodburn, 2) within Woodburn city limits, 3) north city limits of Woodburn to south city limits of Canby, and 4) within Canby city limits. As a result of the study, the following recommendations were made by the consultant: 1) some capital improvements will be needed that will require some time to be made due to funding; 2) some changes can be made through ODOT maintenance funds and are categorized as maintenance projects; and 3) educational and enforcement activities. The method used to analyze the statistics looked at where the accidents and crashes occurred, crash diagrams, police reports, and pedestrian/bicycle police reports on fatalities, engineer site visits, and data comparing this roadway segment with other similar roadways in the State. Me Bishop proceeded to outline the following key findings of the report: 1) There is a higher "rural" crash rate on Highway 99E than the statewide average; 2) On Highway 99E in the urban area, there is a higher to average crash rate than the statewide average, however, the urban area in Hubbard has experience a higher crash rate; 3) There is a much higher rate of fatalities on Highway 99E than the statewide average for similar highway types with the only exception being a small segment of Highway 18 in Yamhill county; 4) Pedestrian fatalities are at 28% while statewide the fatality rate is 11 %; 5) The study also shows that crashes seem to be more associated with alcohol and other drugs; and 6) 6% of the total crashes involve Hit and Run whereas the statewide average is 3.5%. He stated that the report does not go into trying to explain the reasons for the findings rather it just provides the data. 1131 Me Bishop stated that two major projects are being funded to improve the safety of Highway 99E during the 2005 construction season. Those projects are 1) Howell Prairie Road intersection with 99E which will involve the widening of a section of roadway to provide for a left turn refuge, and 2) Boones Ferry Road intersection with 99E which will also provide for a left turn refuge. Potential projects along Highway 99E include 1) installation of a median at the Highway 99E/Highway 211/Highway 214 intersection, and 2) a Highway 99E preservation project to resurface the road from Salem to Woodburn. Me Bishop stated that Highway 99E is an extremely important State highway that Page 2 - Special Council Meeting Minutes, May 28, 2002 COUNCIL MEETING MINUTES May 28, 2002 TAPE READING parallels 1-5 and there are times that 1-5 is closed with Highway 99E being the alternative transportation route for motorists. Additionally, ODOT looks forward to working with the cities and counties within this stretch of highway in order to improve the highway and potentially make it a safer roadway. Mayor Jennings stated that it was his understanding that a partial median was being installed on Highway 99E near the Highway 211/214/99E intersection as a result of the Safeway development. Mr. Bishop stated that the partial median was being required, however, the design has not been finalized as of this date. Councilor McCallum questioned Mr. Bishop as to whether or not the police reports indicated where alcohol was purchased in those crashes involving alcohol. Mr. Bishop stated that the sources are not known, however, the stretch of Highway 99E included in the study does have at least 4 taverns that are right along the highway which may be a contributing factor. Councilor McCallum expressed his hope that ODOT will continue to focus on making improvements to this problem area in an effort to reduce the number of accidents and fatalities. Mr. Bishop stated that all of the recommendations made are listed in latter portion of the report and it includes comments on some of those recommendations. He reminded the Council that major improvements will take time and he suggested an Advisory Committee of persons interested in promoting the recommendations be formed to help ODOT to prioritize and verify the approaches to improving this segment of Highway 99B. He reiterated that enforcement of traffic laws and educational programs are important factors in making this area safer. Councilor McCallum stated that the City's Police Department has had the foresight to increase patrols specific to traffic enforcement in an effort to reduce the number of accidents. He also suggested that the cities and counties within this stretch of roadway receive periodic reports from ODOT on progress made relating to the recommendations within the safety report. 1800 Bob Montgomery, representing the Woodburn Eagles, stated that their organization would like add a 10'x7' (70 sq. foot) freezer onto the back of their building. He objected to the City's site plan review fee of over $1,100 since the City's site plan review fees are by square footage and the minimum cost is $1,100 provided that the review is for 4,000 sq. feet or under. He feels that this is an excessive permit fee and he suggested that the City implement a couple of more graduated fees rather than charging the current amount for a very small commercial building addition. Administrator Brown stated that the Community Development Department will be bringing recommendations to the Council for new fee schedules for all of their various permits which is in conjunction with the new Development Ordinance. He stated that staff Page 3 - Special Council Meeting Minutes, May 28, 2002 COUNCIL MEETING MINUTES May 28, 2002 TAPE READING agrees that there does need to be a lower level of fees than what is currently in place but there will be some set costs such as public notice to surrounding properties. Community Development Director Mulder stated that the zoning ordinance requires review of any addition no matter how large or small the addition will be whereas a building permit is only required for a building of 120 square feet or more. He also stated that, in this case, he has determined that the Eagles were not expanding the square footage since this is a portable unit that will just be attached onto the existing wall. Therefore, the Eagles will not be going through site plan review for the small freezer unit. 2133 CONSENT AGENDA. A) Accept the Planning Commission minutes of April 25, 2002; B) Accept the Library Board minutes of May 8,2002; and C) Accept the Police Department Activities Report for March 2002. FIGLEY /NICHOLS.... adopt the consent agenda as presented. The motion passed unanimously. 2167 COUNCIL BILL 2389 - ORDINANCE SUBDIVIDING 2.83 ACRES INTO 13 SINGLE FAMILY RESIDENTIAL LOTS LOCATED NORTH OF COMSTOCK A VENUE AND EAST OF BROWN STREET AND CHANGING ZONING DESIGNATION TO SINGLE FAMILY RESIDENTIAL (RS). Councilor Figley introduced Council Bill 2389. Recorder Tennant read the two bills by title only since there were no objections from the Council. Mayor Jennings stated that his preference is to have a full Council when voting on a land use issue of this sort, however, Councilors Chadwick and Sifuentez were aware of this issue and did not have any objections to the proposal. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2389 duly passed with the emergency clause. 2311 COUNCIL BILL 2390 - RESOLUTION ENTERING INTO COOPERATIVE IMPROVEMENT AGREEMENT #19464 WITH THE STATE TRANSPORTATION DEPARTMENT REGARDING CONSTRUCTION OF FRONTAGE ROAD FROM WOODLAND AVENUE TO HILLYER'S FORD. Council Bill 2390 was introduced by Councilor Figley. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2390 duly passed. 2359 COUNCIL BILL 2391 - RESOLUTION AUTHORIZING THE TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR 2001-02. Councilor Figley introduced Council Bill 2391. The bill was read by title only since there Page 4 - Special Council Meeting Minutes, May 28, 2002 COUNCIL MEETING MINUTES May 28, 2002 TAPE READING were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2391 duly passed. 2420 ACCEPTANCE OF SIDEW ALKlUTILITY EASEMENTS RE: EAST HARDCASTLE AVENUE STREET IMPROVEMENTS. Staff recommended the acceptance of sidewalk/utility easements from the following property owners: James and Carol Daggett (Exhibit A), Donald and Agnes Hagenauer (Exhibit B), Pavel and Kornela Ionko (Exhibit C), William and Susan Wyatt (Exhibit D), James and Rebecca Kirsch (Exhibit E), and Karen, Donald & Agnes Hagenauer (Exhibit F). FIGLEYINICHOLS.... accept the sidewalk and utility easements on East Hardcastle which are designated as Exhibits A through F. The motion passed unanimously. 2440 BOONES FERRY ROAD LOCAL IMPROVEMENT DISTRICT (LID). Mayor Jennings stated that Councilor McCallum had previously declared a conflict of interest on this issue. He has advised Councilor McCallum that it is not necessary for him to leave the bench, however, he will not participate in the discussion. The Mayor stated that at the last meeting, the public hearing was closed but the record was left open for staff to solidify some of the issues that needed to be addressed. Since there was no Council discussion at that meeting, this is the time for discussion to be held and a consensus of the Council can be taken to inform the staff to bring back an ordinance for the next meeting. Once the ordinance is before the Council, it will require a quorum of the Council to act on the ordinance. Administrator Brown stated that the record was left open in order to allow the City Attorney to file some additional information into the record by May 22, 2002, a copy of those documents are included in this agenda packet. Also received were letters from the Attorney representing the Tukwila Partners in the large undeveloped landowners in the area and a letter from the Presbyterian Church. He stated that the Presbyterian Church raised issues regarding not being notified of this LID hearing and he explained that the Church had not been notified since they are not a part of this particular LID. Legal issues were raised by the attorney representing the large undeveloped landowners regarding the charging a Transportation Impact Fee (TIF) in addition to the LID assessment. A legal opinion from City Attorney Shields is included in the agenda packet which states that the City does have the right to charge for both primarily because the TIF is only allowed for capacity expansion and that is the only portion of this project for which TIF's have been applied. The LID assessment will take care of reconstructing the existing roadway costs of which cannot be paid for through TIF's. Another issue related to use of trip generation in calculation of LID's since trip generation is one of the components that factors into TIF's and Attorney Shield's opinion states that it can be done and trip generation is an appropriate method of measuring traffic impact for a number of different spectrums Page 5 - Special Council Meeting Minutes, May 28, 2002 COUNCIL MEETING MINUTES May 28, 2002 TAPE READING including TIF's and LID's. Lastly, there was an issue as to whether or not the apportionment was appropriate in the method that was used by staff and, in Attorney Shields' opinion, the Council has broad discretion to determine the method of apportionment as long as it is being done on a rationale basis. The proposed apportionment is consistent with the way the Council has handled apportionments in other LID situations and in the Reimbursement District for roadway improvements. He stated that the overall project runs from Lincoln Street on Settlemier Avenue north to the north city limits and will take in the intersection at Highway 2I4/Settlemier Avenue/Boones Ferry Road and Country Club Road from Astor Way east to Boones Ferry Road. The total project is estimated to cost $2.7 million over the next couple of years and this particular segment represents about 50% of the total project. He reminded the Council that a project this large consists of several financing mechanisms and the LID is only one portion of the financing package. The amount ofTIF's apportioned to this particular project is the amount that can legally be apportioned if TIF' s are going to be used consistent with state law. Therefore, any improvement beyond the 34' foot roadway improvement, which in this case is 14' additional width from curb to curb, is being picked up by the TIF's. Additionally, TIF's can be used to pay for additional costs relating to the depth of the road base which would be required to build a roadway in excess of the 34' foot local street improvement. Other funds beings used to offset the LID's include some developer contributions and Street CIP funds. It was noted that of the total $2.7 million project, more than 1/3 of the cost of the project is being paid through the Street CIP Fund. This particular LID will pay about 33% of the entire project even though it has been pointed out to the Council that it is about 60% of this particular segment. Staff feels that the proposed LID cost for this segment is appropriate since the properties located in this LID will gain the most immediate and consistent benefit from the improvement. If a general obligation bond issue was submitted to the voters, staff felt that past experience would reflect that the likelihood of this measure being approved by the voters being marginal if at all. Staff looked at other funding opportunities but what has been proposed are those funding methods that are legal, rational, and justifiable. Another question asked by individuals at the hearing related to speeding in the area if the roadway is improved and widened. Administrator Brown stated that there will be a posted speed limit along this stretch of roadway and the City does have motorcycle units that are dedicated to traffic enforcement and, when complaints are raised by the public, the Police Department does respond to the complaints and assigns traffic units to the area to enforce the laws. He reiterated that the apportionment of costs to the individual properties is based on 25% of the land area and 75% based on trip generation. Within those numbers, if the parcel of land has direct access to the roadway with no other secondary access, then the charge to the property would be 100% whereas if a secondary access was available then the charge to the property would be 65%. The LID involved 660 parcels ofland representing approximately 475 property owners. Page 6 - Special Council Meeting Minutes, May 28, 2002 COUNCIL MEETING MINUTES May 28, 2002 TAPE READING Another issue that was raised by a property owner related to the potential taking of his property in order to make this improvement. Administrator Brown stated that this is a territorial road which dates back to 1855 and the right-of-way granted to territorial roads is 60 feet which is the right-of-way to be used for this improvement. He stated that there are 8 or 9 deeds that indicate that there is a 5 foot variance on their side of property which means that the deeds show that their property comes out 5 feet further than territorial road would indicate that it should. Therefore, the City will be negotiating this issue through in the course of trying to do improvements. In regards to the remonstrances relating to this project, there was an overall rate of34.7% of the LID which still allows the Council to move forward with this project if they so desired. It was also noted that 27.9% of the LID is comprised of the large properties represented by Tukwila Partners, Renaissance Homes, United Properties, and Hazelnut Partners who are represented by Attorney Cox. Property owners either objecting verbally or in writing were considered as a remonstrance even though written remonstrances constituted approximately 5% of the total. Staff is recommending that the Council move forward with this project and is willing to bring back an ordinance at the next regular meeting to establish the LID. Councilor Bjelland suggested that the City clarify how remonstrances are identified since there is a legal requirement that remonstrances be written whereas staff includes verbal objections as a remonstrance. Even though the percentage is below the 50% level, the City needs to go on record what is going to be considered as a true remonstrance for purposes of determining whether or not to move forward with an LID. Mayor Jennings stated that the remonstrance issue will be discussed under New Business. The Mayor also stated that, after the hearing, he had spoken with 6 property owners in the proposed LID regarding this project and those owners were more concerned about the principle of the matter rather than the monetary assessment. He expressed his opinion that the City should move ahead with the improvement project. Councilor Nichols stated that the staff report states that no property is being charged twice for the same improvement which was a questioned raised during the public hearing. He also felt that the City should proceed with the improvement rather than waiting to do the improvement at a later date at a higher cost. Councilor Figley also stated that she was in favor of the improvement and supports the formula used to determine costs within the LID. Additionally, she felt that, at the hearing, Councilor Bjelland did an excellent job of informing the public that the City is making a substantial contribution towards this improvement since the roadway is an arterial street. She felt that it is long overdue to have sidewalks along this street since there are a large number of children who reside in the area and walk that roadway in order to get to school. Her one concern on the whole process relates to property owners who purchased new homes within the LID thought they were paying for the improvement as part of the purchase price of their home. Even though that was a reasonable supposition, in this case, it was not true since there was nothing recorded that would alert the purchaser of a Page 7 - Special Council Meeting Minutes, May 28, 2002 COUNCIL MEETING MINUTES May 28, 2002 TAPE READING potential future obligation. Councilor Bjelland expressed his opinion that improvements are needed on Boones Ferry Road and, even though comments were made that indicate minimal pedestrian and bicycle usage, he feels that the improvements will generate more use these transportation modes. On the issue of defining the boundary of an LID, he felt that some judgement had to be made and the LID boundary was a valid decision on what property should be included based on benefit. Another issue brought up by Councilor Bjelland related to the letter from Mr. Cox dated May 22, 2002 which indicates that the LID as proposed treats the undeveloped portion of Tukwila as if it had no restrictions. 4510 Attorney Shields stated that the public testimony for this hearing is closed and the record is also closed, but, in the record, there is a letter from Mr. Cox which addresses the Tukwila property and it would not be inappropriate for the Council to ask staff to address the letter. He stated that the law states that the benefit has to be equal to the assessment imposed which is a judgment call and the Council has a high degree of discretion as to what that judgment is as long as it is reasonable. Administrator Brown stated that the staff felt fairly comfortable with the percentage of assignment in that area and in the future, the developers may want to construct a road within their development that would link up to Hazelnut at Boones Ferry. In assessing the undeveloped property, single family residences and single family trip generations is the conservative approach and, if they are able to get a higher density when the property is developed, the trip generation number would be greater. Mayor Jennings stated that, in regards to the Tukwila development that is within the Urban Growth Boundary, the Council did not say that the Urban Growth Boundary needed to be changed only that the developers needed to find a second exit to the Tukwila property. He reiterated that pedestrians need to be protected and proceeding with the improvement will result in the installation of sidewalks along this arterial street. Staff was asked to bring back an ordinance at the next regular meeting. 5131 NEW BUSINESS: POLICY DISCUSSION REGARDING CONSTRUCTION OF OFFSITE IMPROVEMENTS. Councilor Figley stated that she has had concerns regarding the timing and payment responsibilities for offsite improvements associated with new developments since new homeowners purchase property not always knowing what conditions have been placed on the developer. She stated that most jurisdictions have a waiver of remonstrance where it is put on record that 1) the developer or homeowner is obligated to be a part of a local improvement district as a condition of approval, and 2) home buyers are put on notice that this improvement will be made in the future that will obligate them to pay for a portion of the cost. A recorded document will not only protect the City but it will provide a level of integrity that citizens are entitled to expect when conditions are imposed. As she reflects back on projects that have been or will be assessed, she did not anticipate that the street Page 8 - Special Council Meeting Minutes, May 28, 2002 COUNCIL MEETING MINUTES May 28, 2002 TAPE READING and sidewalk improvements would be delayed as long as they have and was surprised to learn that no record was filed that would provide the home buyers with advance knowledge that the improvement would be made and properties assessed. In the future, she would like to see that improvements are done soon after the development is approved with either the developer making a contribution or the City will execute a non- remonstrance agreement which will be recorded to let home buyers know that the improvement will be made which will involve a financial obligation to the property owner. She stated that the City Attorney has drafted a non-remonstrance agreement that addresses the concerns she has expressed which can be recorded at the County. Mayor Jennings stated that he also has concerns relating to this issue since purchasers of property have a right to know what developers had agreed to at the time the development was approved. Councilor Bjelland stated that his concern relates to the formal remonstrance process and making a decision on what constitutes a remonstrance for future local improvement districts. He agreed that the issue brought up by Councilor Figley and Mayor Jennings needs to be addressed, however, he questioned if a legal remonstrance can run with the property rather than the property owner. If the developer does contribute to a future improvement, a fair share estimate would need to be determined since it may be several years before the improvement is constructed. He agreed that this issue needs further examination and discussion by the staff and Council. Councilor Nichols questioned if a waiver of remonstrance can be tied to the property. Attorney Shields stated that some jurisdictions use waiver of remonstrance which can be a recorded document that will run with the land. He stated that there does need to be a determination under the current law based on the situation the Council is in with the developer as to their relationship between the projected improvement and that development. Councilor McCallum stated that he would like to provide a more in-depth study on this issue. His concerns are 1) new development needs the appropriate infrastructure to work, and 2) property owners need to be protected from surprised financial obligations as a result of conditions imposed upon developers. Tape 2 Administrator Brown stated that it is his understanding that the Council would like to see those who are financially benefitting from the growth they are driving be the ones who primarily pay for the infrastructure improvements and, if they do not pay, then the purchasers of property be well informed. He will come back to the Council with a variety of options that may involve different options under different circumstances. If legislative changes will be required, staff will be prepared to draft the necessary resolutions or ordinances to make the changes after the decision has been made by the Council. He also stated that staff will prepare a staff report on what constitutes a remonstrance which was brought up as a concern by Councilor Bjelland. Page 9 - Special Council Meeting Minutes, May 28, 2002 COUNCIL MEETING MINUTES May 28, 2002 TAPE READING 0088 CITY ADMINISTRATOR'S REPORT. Administrator Brown referred to the letter he had drafted, in collaboration with Deputy Chief Russell, in response to the Public Safety Council that addressed the Council at the last meeting. In summary, the letter states that the City needs the following criminal justice services from the County: 1) prosecution, 2) incarceration, and 3) probation services. These services are necessary to make the City's law enforcement activities meaningful within the City and to protect our citizens. It was the consensus of the Council to have the Mayor sign the letter which will be submitted to the County Budget Committee. 0210 MAYOR AND COUNCIL REPORTS. Councilor Nichols stated that there are a lot of activities planned for this summer and he encouraged citizens to take advantage of the activities. Councilor McCallum congratulated the Mayor on the Mayor's Prayer Breakfast and he also congratulated the Administrator in making the retiring Police Chief work up until his last day of employment. Councilor Bjelland stated that 124 baskets were hung around the City and there have been many favorable comments on this program. He also stated that the next Mid Willamette Area Commission on Transportation (MW ACT) meeting will address the 2004-07 STIP allocation of monies and he will be talking to staff to develop strategies to try and get our share of monies for the interchange project. As costs continue to rise to do the complete project, the City may need to look at piecemealing the project so that the City does not get shut out completely from being allocated funds 0446 Mayor Jennings presented retiring Chief Null with a Certificate of Appreciation for 29 years of service to the City. As a token of appreciation, Mayor Jennings also gave Chief Null an air-power tool which he can use when doing bodywork on automobiles. 0620 Mayor Jennings called for a brief recess at 8:40 p.m. in order to have a small reception for Chief NulL The meeting reconvened at 8:57 p.m.. 0698 EXECUTIVE SESSION. Mayor Jennings entertained a motion to adjourn to executive session under the authority ofORS 192.660(1)(h) and ORS 192.660(1)(f). NICHOLS/BJELLAND... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 9:00 p.m. and reconvened the meeting at 9:28 p.m.. Page 10 - Special Council Meeting Minutes, May 28, 2002 COUNCIL MEETING MINUTES May 28, 2002 TAPE READING Mayor Jennings stated that there were no decisions made in executive session. 0751 ADJOURNMENT. FIGLEyIBJELLAND.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:30 p.m.. APPROVED ~ ATTEST fllCi<-it;, ~ Mary T e ant; Recorder City of Woodburn, Oregon Page 11 - Special Council Meeting Minutes, May 28, 2002 ... ...,-"-----........-"......_~~_.., -" ----".'~......-.-_..,._..,.."--~,~_.,,"''''~~''''''-_.'''"_.._-_..--,,,...-~.._."-,,. T