City Council Minutes 2005 05-10-05 i
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE UNITED CITY OF YORKVILLE. KENDALL COUNTY. ILLINOIS,
HELD IN THE CITY COUNCIL CHAMBERS.
800 GAME FARM ROAD ON
TUESDAY, MAY 10, 2005.
Mayor Prochaska called the meeting to order at 7:00 P.M and led the Council in the Pledge of
Allegiance.
ROLL CALL
Clerk Milschewski called the roll.
Ward I James Present
Sticka Present
Ward II Burd Present (via teleconference until approximately 8:00)
Kot Present
Ward III Ohare Present
Munns Present
Ward IV Besco Present (until 7:30)
Spears Present (via teleconference)
Also present: City Clerk Milschewski, City Administrator Gram City Attorney Wyeth, Police
Chief Martin, Director of Public Works Dhuse, Finance Director Pleckham and Executive
Director of Parks & Recreation Brown.
OUORUM
A quorum was established.
SWEARING -IN
Judge Tim McCann swore in, in the following order, Ward I Alderman Jason Leslie; Ward H
Alderman Dean Wolfer; Ward III Alderman Many Munns and Ward IV Alderman Joe Besco.
Mayor Prochaska asked the two parting aldermen if they had any words to share with the City
Council. Alderman Rich Sticka thanked everyone on the City Council who has worked with him
through the years. He stated that he has appreciated their work especially because it has not
always been easy and some of the hours have been long. He noted that a lot was accomplished
that the City Council could be proud of and that he was proud to participate in helping Yorkville
develop the way it has. He stated that he was grateful for everyone on the staff that has worked
him and that being an alderman has been a great and rewarding experience. He felt sorry that
more people in Yorkville don't seem to feel the need to run for alderman; he stated that maybe
this is because they are content that the City is running well.
Alderman Larry Kot stated that Alderman Sticka hit it on the head with his comments. He noted
that Yorkville is a great town to live in and that the City has a great staff. He stated that he like to
think he contributed something in the last eight years and that it has been an honor to serve Ward
H. He wished the best of luck to everyone, especially the new aldermen and thanked everyone.
INTRODUCTION OF GUESTS
Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests
and asked them to enter their names on the attendance sheet provided.
AMENDMENTS TO THE AGENDA
Mayor Prochaska amended the agenda by postponing the presentation to Officer Steven Bozue
who was unable to attend the meeting. He also amended the agenda by stating that the City Clerk
asked that the appointment of the Deputy Clerk be tabled until the next City Council meeting.
COMMITTEE MEETING DATES
Public Works Committee 7:00 P.M., Monday, May 23, 2005
City of Yorkville Conference Room
800 Game Farm Road
Economic Development Committee 7:00 P.M., Thursday, May 19, 2005
City of Yorkville Conference Room
800 Game Farm Road
Administration Committee 7 :00 P.M., Thursday, June 5, 2005
City of Yorkville Conference Room
800 Game Farm Road
The Minutes of the Regular Meeting of the Citv Council — Mav 10, 2005 - page 2
Public Safety Committee 6:30 P.M., Monday, May 12, 2005
City of Yorkville Conference Room
800 Game Farm Road
Ad Hoc Technology Committee 7:00 P.M., Wednesday, May 25, 2005
City of Yorkville Conference Room
800 Game Farm Road
PUBLIC HEARINGS
None.
CITIZEN COMMENTS
None.
PRESENTATIONS
In -Town Road Program General Obligation Bond Sale
Barbara Chevalier from Speer Financial, Inc. gave a presentation to the City Council regarding
the In -Town Road Program General Obligation Bond Sale. She reported that two bids were
received earlier today for the $3,825,000.00 General Obligation Bonds (Alternate Revenue
Source) Series 2005A. Speer Financial is recommending that the bid be awarded to UBS
Financial Services, Inc. of Chicago with an interest rate of 4.1893% and the City Council pass the
bond ordinance with the specifics of the bonds. She also noted that the City's Standard & Poor's
Rating is "A-" for the bonds.
Mayor Prochaska opened the floor for questions.
Alderman James questioned if a banking institute found that the City was not financial sound,
would they still allow the City to have the bonds. Ms. Chevalier explained that the City's
underlying credit rating is in an investment grade category. The institutions have looked at the
City, its finances and management and have assigned the rating to the City. Underwriters are
happy that the City has investment grade credit.
There were no further questions. Mayor Prochaska thanked Ms. Chevalier for her presentation.
CONSENT AGENDA
1. Police Reports for February and March 2005
2. Water Department Report for February 2005
3. Resolution 2005 -26 — Approving Agreement with Nicor, Inc. for Access to Nicor's
Easystreet Website - authorize the Mayor and City Clerk to execute
4. Resolution 2005 -27 — Approving Agreement with Schoppe Design Associates, Inc.
for Professional Services
5. Ordinance 2005 -40 — Amending Ordinance 2003 -79 Establishing Municipal Water
Connection Fees- authorize the Mayor and City Clerk to execute
6. 2005 In -Town Road Program — 'Result of Bid Opening — award to Aurora Blacktop,
Inc. in an amount not to exceed $659,419.35
7. Resolution 2005 -28 — Approving Installation of Sanitary Sewer Pump and Flood
Control System at 305 W. Kendall Drive - authorize the Mayor and City Clerk to
execute
Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved
by Alderman Ohare; seconded by Alderman Besco.
Motion approved by a roll call vote. Ayes -8 Nays -0
Burd -aye, James -aye, Leslie -aye, Munns -aye,
Spears -aye, Wolfer -aye, Ohare -aye, Besco -aye
PLANNING COMMISSION /ZONING BOARD OF APPEAL
No report.
MINUTES FOR APPROVAL
A motion was made by Alderman James to approve the minutes of the City Council meeting from
April 12, 2005, minutes of the Committee of the Whole meeting from January 6, 2004 and the
minutes of the Special Committee of the Whole meeting from March 29, 2005; seconded by
Alderman Ohare.
The meeting was delayed several minutes due to problems with the teleconferencing of Aldermen
Spears and Burd.
The Minutes of the Regular Meeting of the Citv Council — Mav 10.2005 - page 3
Motion approved by a viva voce vote.
BILLS FOR APPROVAL
A motion was made by Alderman James to approve the paying of the bills listed on the Detailed
Board Report dated April 29, 2005 totaling the following amounts: checks in the amount of
$558,749.32 (vendors); $154,685.14 (payroll period ending 4/16/05); for atotal of $713,434.46;
seconded by Alderman Ohare.
Motion approved by a roll call vote. Ayes -6 Nays -0 Abstain -1
Burd -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye, Spears - abstain, Wolfer -aye
REPORTS
MAYOR'S REPORT
Proclamation for Blue Star Salute Day
Mayor Prochaska read the proclamation for Blue Star Salute Day, May 21, 2005 (see attached).
He entertained a motion to ratify the proclamation. So moved by Alderman James; seconded
Alderman Ohare.
Motion approved by a viva voce vote.
Proclamation for Poppy Awareness
Mayor Prochaska read the proclamation for Poppy Awareness Days, May 19, 20 and 21, 2005
(see attached). He entertained a motion to ratify the proclamation. So moved by Alderman
Munns; seconded Alderman Wolfer.
Motion approved by a viva voce vote.
Proclamation for Volunteer Week
Mayor Prochaska read the proclamation for Volunteer Appreciation Week, May 15 -21, 2005 with
Volunteer Appreciation Day in Yorkville May 21, 2005 (see attached). He entertained a motion
to ratify the proclamation. So moved by Alderman Leslie; seconded Alderman James.
Motion approved by a viva voce vote.
Selection of Mayor Pro Tem for Fiscal Year 2005/2006
Mayor Prochaska reminded the City Council that this is a duty that they need to consider per the
new ordinance. He suggested that this be placed on the May 17, 2005 Committee of the Whole
agenda for further discussion. The City Council was receptive to this and Alderman Ohare asked
that a copy of the new ordinance be included in the COW packets.
Appointment of Department Heads
Mayor Prochaska stated that he had a discussion regarding this with the City Attorney. Attorney
Wyeth has been investigating the appointment process and is currently preparing a legal opinion.
It is the recommendation of Attorney Wyeth to delay the appointments until the next City Council
meeting so that all the aldermen can have an opportunity to read his legal opinion. He asked that
it also be placed on the next COW agenda for further discussion.
Alderman Munns asked if Attorney Wyeth recommended making some appointments tonight.
Attorney Wyeth explained that his opinion will be in writing and will be confidential. He stated
that as such it should not be referred to at a public meeting. He further explained that he has
found a variety of enactments that the City Council looks to regarding the appointment of
department heads and they are not consistent. He felt that rather than move ahead in a "piece
meal" order, it would be better to delay this action.
Alderman Ohare asked that if by delaying this, would there be a time without someone being
their position? Attorney Wyeth stated that it was his opinion that the positions would roll over
until the new appointments were made. His only caution was that if there is an official position
that required a signature, the mayor be the only one allowed to sign.
Alderman James asked if an Executive Session was needed to discuss this further. Attorney
Wyeth stated that if specific personnel were to be discussed a closed session would be necessary.
If the discussion is kept to the general concept of appointments, it can be discussed in open
session. Attorney Wyeth welcomed questions from the City Council after they read his legal
opinion.
The Minutes of the Regular Meeting of the Citv Council — Mav 10, 2005 — page 4
Appointment to Committees /Commissions
Mayor Prochaska read the following appointments to City Committees or Commissions:
o Plan Commission - Charles Kraupner & Sandra Adams
o Human Resource Commission - Lorene Frieders & Dana Jones
o Fire & Police Commission - Robert Johnson
o Library Board - Russell Walter, Marianne Wilkinson, Sandy Lindblom & Beth Gambro
(for 1 year)
o Park Board Chris Rollins
o Park Board (School District) None named by School District
o Facade Committee (building trade) Thomas Smith
o Police Pension Fund Laurence DeBord
Mayor Prochaska entertained a motion to accept the appointments and reappointments. So
moved by Alderman Ohare; seconded by Alderman James.
Motion approved by a roll call vote. Ayes -7 Nays -0
Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye, Burd -aye, James -aye, Leslie -aye
Recommendations for City Council Committees
Mayor Prochaska made the following recommendations for City Council Committees:
• Public Works Committee - Alderman Besco (Chair), Alderman Munns, Alderman
Wolfer, Alderman James
• Public Safety Committee - Alderman Ohare (Chair), Alderman Spears, Alderman Wolfer,
Alderman Leslie
• Economic Development Committee - Alderman Munns (Chair), Alderman Burd,
Alderman Besco, Alderman Leslie
• Administration Committee - Alderman James (Chair), Alderman Ohare, Alderman
Spears, Alderman Burd
r He stated that he tried to give everyone their first two choices. He stated that the City Council
could ratify the committees now or wait until for further discussion at the next COW meeting.
Alderman Munns questioned the make -up of the Adhoc committees. Mayor Prochaska stated that
he was not planning on changing these committees as they are not standing committees.
Alderman Muni noted that he would be the chair of two committees if this did not change and
also that Aldermen Kot and Sticka need to be replaced on these committees. Mayor Prochaska
stated that this was good point and he would re -look at these committees and advise the Council
of his decision.
Alderman Spears stated that she would like to discuss this further at a COW meeting. Mayor
Prochaska noted that there would be a Public Safety Committee meeting before the next COW
meeting. Alderman James commented that he felt that the City Council needed to move forward
with the committees however could discuss it further at the next COW meeting.
Mayor Prochaska asked the City Council to vote to approve the recommendations. Alderman
Munns clarified if this needed to be voted on. Attorney Wyeth stated that the vote would be to
ratify the committee appointments however it is not needed because the committees cannot take
action alone so the matter in which they are formed is not of any legal significance. Mayor
Prochaska noted that the City Council did not vote to ratify the committees last year.
After a brief discussion it was determined to move ahead with the committees as recommended
(without a vote of ratification) and to discuss them further at the next COW meeting
ATTORNEY'S REPORT
Ordinance 2005 -41 Rezoning Autumn Creek
Attorney Wyeth reported that the City entered into an Annexation Agreement for Autumn Creek
and is now required to approve a rezoning of the property.
Mayor Prochaska, entertained a motion to approve an Ordinance to rezone the property known as
Autumn Creek Subdivision as presented. So moved by Alderman Ohare; seconded by Alderman
Wolfer.
Motion approved by a roll call vote. Ayes -6 Nays -0 Present -1
Ohare -aye, Spears - present, Wolfer -aye, Burd -aye, James -aye, Leslie -aye, Munns -aye
i
The Minutes of the Regular Meeting of the Citv Council — Mav 10.2005 — na2e 5
Robert's Rules 101
Attorney Wyeth explained that he had promised to make short reports on Robert's Rule of Order.
He stated that his goal is to, over the course of time, to touch upon certain aspects of the rules.
He explained that he would be using the version of Robert's Rules provided to the City Council
by Engineering Enterprises, Inc. (EEI). He stated that the biggest misconception is that Robert's
Rules have been used as a manipulation to gain an advance by those who know the rules over
those who do not, however this should never happen with a capable chair. He explained that they
were made to establish a balance of discussion and to establish fairness. He read from page
XLIV of Robert's Rules of Order a quote from the Henry M. Robert himself, "The great lesson
for democracies to learn is for the majority to give to the minority a full, free opportunity to
present their side of the case, and then for the minority, having failed to win a majority to their
views, gracefully submit and to recognize the actions as that of the entire organization and
cheerfully to assist in carrying it out until they can secure its repeal."
Attorney Wyeth also read from page XLVR "The application of parliamentary law is the best
method yet devised to enable assemblies of any size, with due regard for every member's
opinion, to arrive at the general will on the maximum number of questions of varying complexity
in a minimum amount of time and under all kinds of internal climate ranging from total harmony
to hardened or impassioned division of opinion ".
He explained that Robert's Rules have been used for over 200 years however he has not found
that the City has formally adopted them. He stated the Council will see a proposition coming
through committee that they formally adopted the rules.
CITY CLERK'S REPORT
Clerk Milschewski reported that all the outstanding minutes have now been approved and all
minutes are current. She thanked the City Council for their patience.
CITY TREASURER'S REPORT
No report.
CITY ADMINISTATOR'S REPORT
No report.
FINANCE DIRECTOR'S REPORT
Director Pleckham reported that she had new signature cards for the elected officials to sign. She
asked that City Council members see her to sign the cards in the next few days.
DIRECTOR OF PUBLIC WORKS REPORT
Director Dhuse reported that the water conservation ordinance was now in effect. He stated that
copies of the ordinance were available for review and City Hall or at the Public Works facility.
CHIEF OF POLICE REPORT
Chief Martin reported that he attended the May 6, 2005 Illinois Law Enforcement Medal of
Honor Award dinner in Springfield, Illinois where Sergeant Klingel and Officer Robbie Hart
received their awards. He stated that there were eleven other winners and that it was a very
heartfelt event. Mayor Prochaska added that it was a very moving experience to be there with the
City's officers and in the company of the other officers and their families. He stated that two of
the officers receiving the award were killed in the line of duty. Mayor Prochaska expressed his
pride in all of the United City of Yorkville's police officers.
EXECUTIVE DIRECTOR OF PARKS & RECREATION REPORT
Director Brown reported that the summer program directory is out and classes are beginning to
fill up
COMMUNITY & LIAISON REPORT
No report.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
No report.
The Minutes of the Regular Meeting of the Citv Council — Mav 10, 2005 - pa - 6
ECONOMIC DEVELOPMENT COMMITTEE REPORT
Resolution 2005 -29 Whispering Meadows Units 3 & 4- Final Plat of Subdivision
A motion was made by Alderman Munns to approve a Resolution approving the final plat of
subdivision for Whispering Meadows Units 3 and 4 as presented subject to final legal review;
seconded by Alderman Ohare.
" The meeting was delayed several minutes due to problems with the teleconferencing of Aldermen
Spears and Burd. Alderman Burd was unable to be reached at this time. The other City Council
members recommending moving forward with the meeting.
Alderman Spears asked if this development had an SSA and Administrator Graff explained that it
was a straight R -2 zoning without an SSA.
Motion approved by a roll call vote. Ayes -6 Nays -0
James -aye, Leslie -aye, Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye
Ordinance 2005 -42 Swanson Lane Estates
Annexation and Planned Unit Development Agreement
A motion was made by Alderman Munns to approve the Annexation and Planned Unit
Development Agreement, along with the Preliminary Plan for Swanson Lane Estates and approve
an Ordinance authorizing the execution of the Annexation Agreement by the Mayor and City
Clerk upon final legal review; seconded by Alderman Ohare.
Alderman Spears asked if this development had an SSA and Mayor Prochaska stated it did not.
Motion approved by a roll call vote. Ayes -6 Nays -0 Present -1
James -aye, Leslie - present, Munns -aye, Ohare -aye,
Spears -aye, Wolfer -aye, Prochaska -aye
Ordinance 2005 -43 Swanson Lane Estates — Annexation
A motion was made by Alderman Munns to approve the Ordinance annexing the Swanson Lane
Estates as presented, seconded by Alderman James.
Alderman Ohare asked if this annexation made the property contiguous and Mayor Prochaska
stated that it is now contiguous to Blackberry Creek North.
Motion approved by a roll call vote. Ayes -5 Nays -0 Present -1
James -aye, Leslie - present, Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
Ordinance 2005 -44 In -Town Road Program Authorizing General Obligation Bonds
A motion was made by Alderman James to approve an Ordinance authorizing $3,825,000.00
General Obligation Bonds (Alternate Revenue Source), Series 2005A for the In -Town Road
Program and authorize the Mayor and City Clerk to execute all documents required; seconded by
Alderman Munns.
Motion approved by a roll call vote. Ayes -7 Nays -0
Leslie -aye, Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye, James -aye
ADDITIONAL BUSINESS
Fox Hill Mowing
Alderman Munns noted that weeds on Diehl Farm Road at the entrance of Fox Hill need to be
mowed. He asked Director Dhuse if English & Sons had begun mowing in the area. Director
Dhuse stated that mowing had begun however noted that in some areas the right -of -way goes to
the street and is the responsibility of the homeowners to mow.
City Council Chamber Microphones
Alderman Ohare suggested that all the City Council members adjust their microphones and that
the City Clerk has them check out because it is hard to hear a few of the aldermen.
Welcome
Mayor Prochaska welcomed the two new aldermen. He stated that it is an exciting time in
Yorkville and he felt they would find the work both educational and satisfying.
The Minutes of the Regular Meeting of the Citv Council — Mav 10, 2005 - aagL7
EXECUTIVE SESSION
None.
ADJOURNMENT
Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Munns; seconded by
Alderman Wolfer.
Motion approved by a viva voce vote.
Meeting adjourned at 8:10 P.M.
Minutes submitted by:
Jacquelyn Milschewski,
City Clerk City of Yorkville, Illinois
PLEASE SIGN IN
MEETING:����
DATE:
NAME BUSINESS PHONE #
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UNITED CITY OF YORKVILLE
WHEREAS, throughout the history of the United States of America the
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i sacrifices necessary to maintain our liberty and freedom have consistently een
borne by citizen soldiers; and
WHEREAS, countless men and women of our great City have proudly worn
the uniform of the United States Armed For ces; and
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WHEREAS, many of our fellow citizens are serving today in the war on
�, �' ;,,� ._�,,,,; terror as members of the active military, National Guard or Reserves; and
WHEREAS, on Armed Forces Day 2005, it is appropriate as individuals and
II -' `1 families to reflect upon the sacrifices of our fellow citizens and to celebrate their �I;�a:�_ ® ��q�'
i EC r W dedication; and
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to honor and
WHEREAS, the citizens of the United City of Yorkville desire
)f#M acknowledge those who serve in uniform for their sacrifice and preservation of our
American way of life; now
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THEREFORE, 1, Arthur F. Prochaska, Jr., Mayor of the United City of
Yorkville, do hereby proclaim Saturday, May 21, 2005, as t 1 I
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United City of Yorkville Blue Star Salute Day
Coe And I urge all citizens of this community to hon or our citizens who are
serving today by joining in the festivities of the day at the Yorkville American
Legion Post 489, 9054 Route 34; and
IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of 1'r
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May, in the year of our Lord, two thousand five.
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Arthur F. P ochas a, Jr., Mayor
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`< Whereas the one bright color of these war torn areas was the brave little red RNJ
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PfIO ° e � Auxiliary being united in their efforts to help the hospitalized veterans within our st
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j�, Whereas, to Flanders Field we add Pearl Harbor, Korea, Viet Nam, Grenada,
►iP�� =; Panama; Gulf War (Operation Desert Shield), and the current Iraq conflict; and
" °' Whereas the days of May 19, 20, and 21, 2005 have been selected as Poppy I'..,;e,,l' I
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Awareness Days m the United City of Yorkville to honor our war dead by wear c
poppy.
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ti`a�aP�� hereby proclaim "Poppy Awareness Days" in the United City of Yorkville, and request
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( ►p�� pi Dated this 10 day of May, 2005, A.D.
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bP ►► � ` `' ' UNITED CITY OF YORKVILLE
I.r r r!, ' I,i ��•' `alb
bpi► °•; <`' �,IrgG ®�1,,.
WHEREAS, from the earliest days of our nations history, the
spirit of volunteerism has been reflected in helping neighbors to
PI { ► ;�; overcome obstacles; and
'�t � WHEREAS the basis for a safe and productive America is the
peoples willingness to work together, without 'prejudice, to find -
{ { { {fm�� solutions to our human and social problems; and
►� ®, WHEREAS the talents and energies of American volunteers ' ° •era �iP
P1 "{ ► ;, 1 continue to be one of our greatest resources; and
WHEREAS volunteering renews our connection to our
community and builds self -worth and social responsibility in our
children; and
WHEREAS experience proves that by working together as
IP { ► ► ;.� volunteers we can help change the lives of others while changing our ;W%1r+
own; and
WHEREAS, it is fitting that United City of Yorkville's citizens
{d{o,• -�,' honor the people who donate their time, energy and strength to make
�., ��► -•. / our communities and our nation a safer and more productive place to
:�.�.o •1e �
live and work; • { I ' o i ?
Therefore, I, Arthur F. Prochaska, Jr., Mayor of the UNITED O tt
P b CITY OF YORKVILLE proclaim May 15 - May 21 2005 as
VOLUNTEER WEEK in the UNITED CITY OF YORKVILLE and + {l�,
►tb'°•oa urge my fellow citizens to join the volunteer effort in our communities j
by volunteering and by recognizing those who serve. And
furthermore, I proclaim May 21st as Volunteer Appreciation Day in , -SN
Yorkville.
Arthur F. Prochaska Jr. ayor
I b I� F eYe r l� :
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