HomeMy WebLinkAboutAGE COUNCIL 2023-06-07 2022-2024 ACTIONS HEATHER L.KIMBALL t.,OF p CINDY EVANS
Chan&Presiding Officer ?�N �h+,, MIC.'HELLE M. GALIMBA
JENN KAGIWADA
HOLEKA GORO INABA MATT KANEALI`I-KLEINFELDER
Vice Chair — ASHLEY L.KIERKIEWICZ
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OF NF' SUSAN L.K.LEE LOY
REBECCA VILLEGAS
COUNTY COUNCIL
County of Hawai`i
Hawai`i County Building
25 Aupuni Street
Hilo, Hawai`i 96720
15th Session
ORDER OF BUSINESS
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii
June 7, 2023
9:00 a.m.
Notice is hereby given that the Hawaii County Council will be conducting this meeting via interactive
conference technology (ICT)pursuant to Hawaii Revised Statutes §92-3.5. Council Members will be
participating via ICT at the:
• Kona Council Chambers,West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway,
Building A
Members of the public may also attend from this location.
Public attendance via Courtesy is available at the following locations:
• Old Kohala Courthouse, 54-3900 Akoni Pule Highway, Kapa`au; and
• Pahoa Council Office, 15-2879 Pahoa Village Road.
If a Courtesy Site is unavailable and/or participation is disrupted,the scheduled meeting will continue.
Oral Public Testimony via Zoom: To provide oral testimony via Zoom, email
councilremotetestimony@hawaiicounty.gov or call (808) 961-8255 to complete the registration process
and obtain meeting login information. Please contact our office to register by 12:00 noon, Tuesday,
June 6, 2023.
Submitting Written Testimony: To ensure timely delivery to Council Members prior to the meeting,written
testimony must be submitted no later than 12:00 noon on Tuesday, June 6, 2023,by: (1) email to
counciltestimony@hawaiicounty.gov; (2) facsimile to (808) 961-8912; or(3) mail to the County Clerk's
Office in Hilo at 25 Aupuni Street, Hilo, Hawaii, 96720. All written testimony,regardless of time of
receipt,will be made part of the permanent record. Please submit separate testimony for each item.
Hawai`i County is an Equal Opportunity Provider and Employer
Hawaii County Council-15 June 7,2023
INVOCATION Pastor Blane Kamanu of Thy Word Ministries
CALL TO ORDER 9:01 a.m.
ROLL CALL
PLEDGE OF ALLEGIANCE
PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF
CONDOLENCE
STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS
Pursuant to HRS §92-3, oral testimony may be provided entirely at the beginning of the meeting, or
immediately preceding the agenda item being opened for deliberation by the Council.
(NOTE: COUNCIL MAY TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR)
APPROVAL OF MINUTES April 19, 2023
APPROVED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —9.
Noes: None.
Absent: None.
Excused: None.
May 3, 2023
APPROVED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —9.
Noes: None.
Absent: None.
Excused: None.
Page 2
Hawaii County Council-15 June 7,2023
COMMUNICATIONS
Comm. 307: APPOINTMENT OF ROBERT EWBANK AS DIRECTOR OF THE
DEPARTMENT OF INFORMATION TECHNOLOGY
From Mayor Mitchell D. Roth, dated May 12, 2023, submitting for the Council's
review and confirmation.
Waived: GOEAC
Requires Council
Confirmation by: July 15, 2023 (Section 13-8,
Hawaii County Charter)
CONFIRMED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —9.
Noes: None.
Absent: None.
Excused: None.
ORDER OF RESOLUTIONS
Res. 164-23: PROPOSES THE ESTABLISHMENT OF A WATER SYSTEM IMPROVEMENT
DISTRICT FOR IKI PLACE, KOHANAIKI HOMESTEADS
Proposes the development of the "Iki Place Water System Improvements"pursuant
to Resolution No. 634-16 and Section 12-10(c) of the Hawaii County Code, with
the Net Project Costs of$275,000 to be paid by 18 assessed units within the
subdivision.
Reference: Comm. 271
Intr. by: Mr. Inaba
Approve: FC-53
POSTPONED TO JUNE 21, 2023:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-15 June 7,2023
Res. 177-23: AUTHORIZES THE MAYOR TO ENTER INTO A MULTI-YEAR
AGREEMENT WITH THE OFFICE OF THE AUDITOR, STATE OF HAWAII
Authorizes the Mayor to enter into a three-year agreement which would allow the
County to request an audit of the schedule of changes in fiduciary net positions by
employer including related notes to the schedule of the Hawaii Employer-Union
Health Benefits Trust Fund and report on census data to meet the reporting
requirements under the Governmental Accounting Standards board.
Reference: Comm. 292
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-54
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —9.
Noes: None.
Absent: None.
Excused: None.
Res. 178-23: AUTHORIZES THE DEPARTMENT OF PARKS AND RECREATION TO
AWARD FUNDS TO `OHANA O KOHANAIKI CULTURAL FOUNDATION
Provides grant funds in the amount of$48,000 for roof repairs to the Native
Hawaiian Hale at Kohanaiki Beach Park.
Reference: Comm. 293
Intr. by: Mr. Inaba(B/R)
Approve: LAAC-18
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-15 June 7,2023
Res. 179-23: AUTHORIZES THE DIRECTOR OF FINANCE TO NEGOTIATE A SIXTY-
FIVE YEAR LEASE WITH THE HOUSING AND LAND ENTERPRISE OF
HAWAII COUNTY, DBA: HALE O HAWAII FOR THE PURPOSES OF
DEVELOPMENT AND CONSTRUCTION OF A SINGLE-FAMILY HOME ON
TAX MAP KEY 2-4-024:157 FOR A PILOT COMMUNITY LAND TRUST
PROGRAM AT A SET LEASE AMOUNT OF $10.00 PER YEAR
Provides a partnership to finance, construct, and sell an affordable home on state
lands, subject to affordability restrictions, to an eligible purchaser for affordable
housing and shelter purposes.
Reference: Comm. 294
Intr. by: Mr. Inaba(B/R)
Approve: LAAC-19
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —9.
Noes: None.
Absent: None.
Excused: None.
Res. 180-23: AUTHORIZES THE ACCEPTANCE OF THE DONATION OF LOTS C, D, E, F,
AND G OF THE SUBDIVISION OF PARCEL 2 OF ROYAL PATENT GRANT
NUMBER 1895 TO MOHALA, BEING TAX MAP KEYS: 1-3-004:023, 024,
025, 026, AND 027, SITUATED AT `OPIHIKAO, DISTRICT OF PUNA,
COUNTY AND STATE OF HAWAII, FROM JAMES L. KERVER AND
MELANY L. KERVER, TRUSTEES UNDER THE UNRECORDED "JAMES L.
AND MELANY L. KERVER REVOCABLE TRUST" DATED FEBRUARY 21,
2013
The landowners seek to donate approximately one acre of land to the County for the
purpose of unencumbered open space.
Reference: Comm. 295
Intr. by: Mr. Inaba(B/R)
Approve: LAAC-20
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-15 June 7,2023
Res. 184-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT FOR MAINTENANCE AND/OR IMPROVEMENT
PROJECTS AT VARIOUS PARK FACILITIES IN COUNCIL DISTRICT 1
Transfers $13,750 from the Clerk-Council Services —Contingency Relief account
(Council District 1); and credits to the Department of Parks and Recreation,
Transfer to Capital Projects Fund-General account.
Reference: Comm. 308
Intr. by: Ms. Kimball
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —9.
Noes: None.
Absent: None.
Excused: None.
Res. 185-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO EXPAND THE SIGNAGE AT THE EDITH
KANAKA`OLE MULTI-PURPOSE STADIUM TO INCLUDE "HOME OF THE
MERRIE MONARCH FESTIVAL"
Transfers $970 from the Clerk-Council Services —Contingency Relief account
(Council District 3); and credits to the Department of Parks and Recreation,
Maintenance Other Current Expenses account.
Reference: Comm. 309
Intr. by: Ms. Lee Loy
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-15 June 7,2023
Res. 189-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND
OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR
ONE COPY MACHINE FOR THE DEPARTMENT OF PARKS AND
RECREATION
Authorizes the Mayor to enter into a five-year lease agreement with an approximate
monthly cost of$78 to be used by the department's RSVP Hilo office.
Reference: Comm. 313
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —9.
Noes: None.
Absent: None.
Excused: None.
Res. 190-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT
Transfers $2,500 from the Parks and Recreation Administration Other Current
Expenses account; and credits to the Contingency Relief account to return
Contingency Relief funds from the Department of Parks and Recreation.
Reference: Comm. 314
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-15 June 7,2023
Res. 191-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PURCHASE AN ICE MACHINE FOR THE
NORTH KOHALA FIRE STATION
Transfers $3,267 from the Clerk-Council Services —Contingency Relief account
(Council District 9); and credits to the Hawaii Fire Department, Auxiliary Services
Equipment account.
Reference: Comm. 315
Intr. by: Ms. Evans
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —9.
Noes: None.
Absent: None.
Excused: None.
Res. 192-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT FOR THE DEPARTMENT OF PARKS AND RECREATION
TO PURCHASE SUPPLIES FOR ITS RECREATION PROGRAMS IN
COUNCIL DISTRICT 7
Transfers $10,150 from the Clerk-Council Services —Contingency Relief account
(Council District 7); and credits to the Department of Parks and Recreation,
Recreation Division—Other Current Expenses account.
Reference: Comm. 316
Intr. by: Ms. Villegas
ADOPTED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-15 June 7,2023
BILLS FOR ORDINANCES (FIRST READING)
Bill 48: AMENDS THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS
AMENDED), BY AMENDING CHAPTER 2, ARTICLE 2, SECTION 2-7;
AMENDING CHAPTER 2 BY CREATING A NEW ARTICLE 49; AND
CREATING A NEW CHAPTER 37, RELATING TO SUSTAINABILITY,
CLIMATE, EQUITY, AND RESILIENCE
Adds a new agency and agency head to coordinate and manage policies and
programs to address sustainability, mitigate greenhouse gas emissions, and adapt
to the impacts of climate change and other natural and human caused hazards.
Reference: Comm. 279
Intr. by: Ms. Kimball and Ms. Villegas
Approve: GOEAC-51
AMENDED TO DRAFT 2 AND POSTPONED TO JUNE 21, 2023:
Ayes: Council Members Evans, Galimba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy,
Villegas, and Acting Chair Inaba—9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-15 June 7,2023
ORDER OF THE DAY(SECOND OR FINAL READING)
Bill 41: AMENDS SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT ZONE
(Draft 2) MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII
COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE
DISTRICT CLASSIFICATION FROM AGRICULTURAL—TWENTY ACRES
(A-20a) TO AGRICULTURAL—TEN ACRES (A-lOa) AT KALOKO,
NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-3-027:003
(Applicants: Charles Stevenson, Ann Stevenson, and John Fumo)
(Area: 22.665 Acres)
The Leeward Planning Commission forwards its favorable recommendation for this
change of zone request, which would allow the applicants to request subdivision of
the property into two 11.3325 acre lots to accommodate existing single-family
dwellings on each lot. The property is located at 73-4375 Haleamau Street,
approximately 570 feet northeast of its intersection with Kaloko Drive, Kaloko
Mauka Subdivision, North Kona.
Reference: Comm. 210.2
Intr. by: Mr. Inaba(B/R)
First Reading: May 17, 2023
PASSED 2ND AND FINAL READING:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —9.
Noes: None.
Absent: None.
Excused: None.
Bill 45: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2023
Appropriates revenues in the Federal Grants —QUEST (Quality Jobs, Equity,
Strategy, and Training) Disaster Recovery account($965,000); and appropriates the
same to the QUEST Disaster Recovery account. Funds would be used to assist
individuals who have been adversely affected by the COVID-19 pandemic to enter,
return to, or advance in high quality jobs.
Reference: Comm. 263
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: May 17, 2023
(Vote on Bill 45 is on the next page)
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Hawaii County Council-15 June 7,2023
PASSED 2ND AND FINAL READING:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas,
and Chair Kimball —9.
Noes: None.
Absent: None.
Excused: None.
REPORTS
GOEAC-44 NOMINATION OF JUSTIN ACKERMAN TO THE GAME MANAGEMENT
(Comm. 272): ADVISORY COMMISSION
Requires Council
Confirmation by: June 10, 2023 (Section 13-4(k),
Hawaii County Charter)
CONFIRMED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
GOEAC-45 NOMINATION OF DAMON NAGATA TO THE YOUTH COMMISSION
(Comm. 273):
Requires Council
Confirmation by: June 10, 2023 (Section 13-4(k),
Hawaii County Charter)
FILED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
GOEAC-46 NOMINATION OF SCOTT TREFETHEN TO THE BOARD OF APPEALS
(Comm. 274):
Requires Council
Confirmation by: June 10, 2023 (Section 13-4(k),
Hawaii County Charter)
(Vote on GOEAC-46 is on the next page.)
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Hawaii County Council-15 June 7,2023
CONFIRMED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
GOEAC-47 NOMINATION OF LISA MCNAMARRA TO THE BOARD OF APPEALS
(Comm. 275):
Requires Council
Confirmation by: June 11, 2023 (Section 13-4(k),
Hawaii County Charter)
CONFIRMED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
GOEAC-48 NOMINATION OF CATHY LEWIS TO THE BOARD OF APPEALS
(Comm. 276):
Requires Council
Confirmation by: June 11, 2023 (Section 13-4(k),
Hawaii County Charter)
CONFIRMED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
GOEAC-49 NOMINATION OF JAMES MCCULLY TO THE BANYAN DRIVE HAWAII
(Comm. 277): REDEVELOPMENT AGENCY
CONFIRMED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
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Hawaii County Council-15 June 7,2023
GOEAC-50 NOMINATION OF DENNIS RIORDAN TO THE SALARY COMMISSION
(Comm. 299):
Requires Council
Confirmation by: June 16, 2023 (Section 134(k),
Hawaii County Charter)
CONFIRMED:
Ayes: Council Members Evans, Galimba, Inaba, Kagiwada,
Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
REFERRALS FOR EXECUTIVE SESSION
Comm. 304: ONTAI V. HEELO LLC; COUNTY OF HAWAII, ET AL.,
CIVIL NO. 3CCV-22-0000282
From Deputy Corporation Counsel Ryan K. Thomas, dated April 27, 2023,
requesting an attorney-client confidential discussion to consult with the Council
regarding the above-entitled matter, including litigation filed by Phillip Carey and
Paul Hamano on behalf of their client Michael Ontai.
CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL:
Ayes: Council Members Evans, Galimba, Kagiwada,
Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—7.
Noes: Council Members Inaba and Kierkiewicz—2.
Absent: None.
Excused: None.
The Council anticipates convening an executive meeting regarding the above matter, pursuant to
Section 92-5(a)(4), for the purpose of consulting with Council's attorney on questions and issues
pertaining to the Council's powers, duties, privileges, immunities, and liabilities. A 2/3 vote pursuant to
Hawaii Revised Statutes, Section 92-4, and Rule Nos. 2 and 10 of the Rules of Procedure of the County
Council is necessary to hold an executive meeting.
OTHER BUSINESS
(Including but not limited to reconsideration of vetoed items, if any, or reconsideration of actions on
agenda items.)
ANNOUNCEMENTS
ADJOURNMENT: 2:55 p.m.
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Hawaii County Council-15 June 7,2023
Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed
to introduce legislation `By Request" on behalf of the requesting parry. It does not necessarily signify
support of or opposition to the proposal.
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