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CITY OF WEIRTON CITY COUNCIL REGULAR MEETING
OCTOBER 11, 2005
MINUTES
Meeting was called to Order
Councilmembers in Attendance: Councilman Henry DeMasis Councilman Harold Miller Councilman Dale Moore Councilman Jerry Miller Councilman David Dalrymple Councilman Frank Veltri Councilman George Kondik
City Officials in Attendance:Gary DuFour, City Manager John Yeager, City Attorney Valerie Means, Finance Director Lance Scott, Police Chief Bud Cole, Fire Chief Brae Bryant, Public Works Director Terry Weigel, Park and Recreation Director Rod Rosnick, Chief Code Official Butch Mastrantoni, Utilities Director Rik Rekowski, Library Director
Minutes presented to Council for ApprovalMinutes were presented to Council from the regular meeting on September 12, 2005. There was a motion to approve these minutes from Councilman Kondik and second by Councilman Dalrymple. This motion was unanimously accepted.
MAYOR’S AWARDS AND PROCLAMATIONS
National Breast Cancer Awareness Month – Mayor Miller proclaimed the month of October as Breast Cancer Awareness Month in the City of Weirton.
Fire Awareness Day – Mayor Miller proclaims October 30, 2005 as, Change Your Clock; Change Your Battery day, in the City of Weirton. This was presented to Fire Chief Cole. National Business and Professional Women’s – Mayor Miller proclaimed, on behalf of the City Council, October 16, 2005 – October 22, 2005 as National Business Professional Women’s Week. Those who received this award were: Jeanette Duvall - President; Dr. Carol Korzi, Lynnellen Reali-Schloss, and Margaret Martelle.
COMMUNICATIONS
Halloween Activities will be Monday, October 31, 2005 from 6:00 p.m. until 8:00 p.m.
Fun Fest sponsored by United Way, for children 10 years and under, will be October 16, 2005, from 11:00 a.m. to 4:00 p.m., at the Serbian Culture Center, Colliers Way. There will be a $5 admissions fee per child. This includes 10 activity tickets, and these tickets can also be purchased. Adults are admitted free.
Mayor Miller called the Council meeting to order.
CITIZEN’S COMMENTS
Helen Beaumont was asked by Mayor Miller to come up, so that her questions could be addressed about the change in the past due date. This issue was referred to Butch Mastrantoni, Utilities Director. Mr. Mastrantoni explained to Mrs. Beaumont that the billing date had not changed but that the grace period was changed from 30-days to 20-days. This is the reason that the due date changed to the 27th of the month, which is when the penalties are applied.
Valerie Means also explained to Mrs. Beaumont, by observing her last two billing stubs, and by showing her what date had actually changed. Mrs. Beaumont commented that because of this change it does not fall with the receipt of her Social Security check, and is causing her to have to pay the late fee. (The discussion continued)
Mayor Miller expressed his and the Councils understanding that the PFC had changed some ratio of the time, and we had to adjust to meet their commitment and this took place in the last 6-months! Seniors are concerned because the due date used to be the 3rd or 4th of the month, after the Social Security checks were received, and now the due date is the 27th and if not paid by that date there is a penalty. This is the issue with the seniors. They are concerned with the due date.
Mayor Miller has had at least 300 calls about this during the last 6-months and the issue hopefully can be resolved in a personal meeting with Mr. Mastrantoni and Mrs. Means, because Mrs. Beaumont is not satisfied with the answer she received.
John Good, 200 Mason Street – He is commenting on Item #15 on the agenda. The American Legion is sponsoring a Citizen’s Corp. They will have volunteers, which includes police, and fire. They will not be policeman or fireman. Their job will be to free up those entities to do their jobs in the event of a disaster in this area. In that event they can direct traffic or be used in whatever area they are asked to respond too, by the Mayor, Chief of Police, or Fire Chief. He is asking for anyone who would like to volunteer to pick up an application at the club. Everyone has to go through the Chief’s background check and probably an FBI check, so they are not taking just anyone who applies.
Stanley Zeszutek, 206 Country Club Boulevard – He is dissatisfied with the cleanup efforts in Kings Creek. The flood was one year ago last September 17th, and nothing has been done to clean out the debris out of the creek. He has gone to the Hancock County Commissioners and they said to go to the Council meeting. The residents of Country Club Estates want the whole 8-miles cleaned up. That would be from the Pennsylvania line to the mouth of the Ohio River; that is how bad it is. He is not getting results from anyone. He has gone to Senator Byrd office and they keep referring him to different agencies and he is not getting results from anyone. Kings Creek is in the City of Weirton; they pay their taxes in the city.
Mr. Good had Sunday’s paper, which said that the Northern Panhandle Counties received $2.5M from FEMA, to clean up the areas affected by the flood. It also stated in the paper that they cleaned up Kings Creek and he wants to know where? His area cleaned up the rubber tires, the signs, and a lot of the large debris that was in the creek. The storm sewers haven’t been cleaned out yet. He has called numerous times asking for a storm sewer drain on Rosemont Drive, to catch the water coming off Culler Road, because it floods the two houses because of the sewer. It isn’t in. Every time they are called they say they have too much work. If there isn’t good supervision in the City then we need to get good supervision. He also noted that $6,000 was spent to have Robinson Pipe Cleaning come in to clean out the slot machine area in Kings Creek, to take care of those people, but they can’t get anything done in their area. He mentions various areas that have had help with cleaning up, and someone had to pay for that. Some areas in the creek are 5 to 6 feet deep with debris. They need help and they need it done right, because if it happens again it will be really bad. He praised the fire department, the city workers, and the National Guard, because they did a terrific job.
Mayor Miller commented to Mr. Zeszutek that there was a Resolution that night on the Kings Creek Land Erosion, and the West Virginia Soil Conservation were coming in the next day, to look at the specific areas. He has the names and addresses of all those who have applied and of those who will apply for FEMA. There are 16 people living in the City of Weirton and 6 in the County. Two (2) of those in the County have already resolved their eroded area, which cost them about $60 per foot, using riprap and soil, and it was done to specifications set forth with West Virginia Conservation. The City paid for Union Chapel to remedy that immediate area, to prevent further erosion, but there is a 2-mile stretch from Lisa Court, beyond the ball field, up to Kings Creek Union Chapel that is the critical areas. They have the County coming on board now with $50,000 up front, a Resolution that night, with $25,000, and the State taking a look at this situation (the 8-mile stretch) at Kings Creek. This group will tell us what we have to do to meet the specifications of the WV Conservations Corp of Engineers. They analyze what we have, from the permits, and then they get the agencies together so that they have one firm commitment on what can be done to stabilize the creek bed area along with the banks.
Brae Bryant commented that several employee and organizations that helped to cleanup Culler Road. This was to pick up tons of trash, and over 200 tires that they disposed of from that area. The type of cleanup that Mr. Zeszutek is talking about is a dredging project through the Northern Panhandle Workforce Investment Board and that was not in the scope of their work to that. There were a lot of trees cut up in February, and that was through the WV Soil Conservation, and they worked the 8-miles of removing those trees. Soil Conservation had special funds to take care of what they did. Mr. Zeszutek responded that someone is lying because he walks there everyday, and the same trees that were there on September 17 are still there.
Councilman Harold Miller commended Mr. Zeszutek, because he has been the vocal leader, even a year later, keep this issue alive. He is the Councilman for Ward II, which goes from Culler Road to Theresa Drive, and there were 4 or 5 people that lost their homes on Kings Creek Road, and they are still in need of things. He got a call the other day from someone who still hasn’t received the final water bill straightened out. But he did want to correct something that Mr. Zeszutek mentioned and that is, that Brae’s department did move the one drain that was in the middle of the road rather than up against the curb, but the one coming in off of Culler Road into the housing development, they did not do. Everyone is bouncing it back and forth. The County bounces it back to the City; we bounce it back to them and the State. Everyone has plans but no one is doing anything.
There is going to be a Fund Raiser starting that Friday, and they have announced that it would be for flood victims in the southern states and also the victims here in Weirton that still has needs. This is going to be on ongoing bases, until they get a ton of change collected for flood victims.
Councilman Moore commented that they did not clean anything out at the end of Main Street. That $6,000 contract was mainly for checking the sewer lines behind the new State Building and the EDA Project. He explained that they did put the camera down the lines at the end of the city to scope out the lines, but nothing has been done to clean them out. They have solid information on what the problem is and that is all. (Much more discussion)
Councilman Dalrymple commented that everyone knows how he feels about the LVL’s and he knows there has been comments made that the drainage was checked out just to protect them, but Freedom Way is the main entrance to Half Moon Industrial Park and they employ thousands of people and they were almost trapped last year during the flood because of the backup in that area. The drains being checked in that area does benefit the LVL’s but it also benefits Freedom Way and the Industrial Park.
Mayor Miller commented that a couple of inches of rain would cause problems there. The Fire Department was in that area a couple of months before for that specific reason, so it is a public safety issue and they are going to take care of it.
OLD BUSINESS
Item 1. Second Reading of Ordinance No. 1455. Ordinance Establishing and Fixing Rates, Fees and Charges of the Municipal Waterworks System of the City of Weirton, West Virginia. A motion was made by Councilman Moore and second by Councilman Veltri to accept this Ordinance.
This motion was carried unanimously.
Item 2. Second Reading of Ordinance No. 1456. Ordinance Establishing and Fixing Rates, Fees and charges of the Municipal Sanitary Board of the City of Weirton, West Virginia. A motion was made by Councilman Jerry Miller and second by Councilman Harold Miller to accept this Ordinance.
Councilman Moore made a comment that this was a pay me or pay me later situation. The Federal Government has set the disinfectant by-product standard, and we do not have any choice but to update the plant to meet those requirements. Through Congressman Mollohan the City has been provided with some grant money to complete the project. If we do not proceed with the increases, we look to lose that money. Rather than risk losing over $2M in federal grant money, we don’t have any other choice but to go ahead with this.
This motion was carried with a 6 to 1 vote. Councilman DeMasis being the opposing vote.
Item 3. Second Reading of Ordinance No. 1457. Ordinance Amending Ordinance No. 1313, as Amended, Establishing the Salaries of Municipal Employees of the Various Departments within the City of Weirton General Fund. A motion was made by Councilman DeMasis and second by Councilman Dalrymple to accept this Ordinance.
This motion was carried unanimously.
NEW BUSINESS
Item 1. Resolution Stating the Reasonable Expectation of the City Council of the City of Weirton to Reimburse the City for Capital Expenditures in Connection with the Acquisition and Construction of Sewerage System Facilities and Improvements Made Prior to the Issuance of Tax-Exempt Revenue Bonds (ATAD System) A motion was made by Councilman Moore and second by Councilman Jerry Miller to accept this Resolution.
Councilman Kondik asked for a legal opinion on Section 3, which is on each of these Resolutions?
For clarification: Section 3. The source of payment for such capital expenditures will be the City;s Sewer (or Water) Revenue Account, and upon issuance of the Bonds, proceeds thereof not to exceed the amount of such capital expenditures will be applied to reimbursement of such Sewer (or Water) Revenue Account, such allocation to be made within 30 days following the date of issuance of the Bonds and to not exceed $1,500,000 (or $500,000).
Butch Mastrantoni explained that if these Resolutions are adopted, they do not obligate the City to pay anything. This does not make a big bill down the road. If these are passed, they are going to reserve the right to reimburse them for expenses that might be advances in these projects, as they come around. The thing that is attractive to investors is the bonds are tax-free, and there is an IRS regulation that says that this point in the process, City Council has to make a determination of its intent. So the City has to say it is their intention to reimburse themselves in satisfaction with IRS regulations, and if we don’t do it now, we can’t go back and do it later.
The motion was carried unanimously.
Item 2. Resolution Stating the Reasonable Expectation of the City Council of the City of Weirton to Reimburse the City for Capital Expenditures in Connection with the Acquisition and Construction of Waterworks System Facilities and Improvements Made Prior to the Issuance of Tax-Exempt Revenue Bonds. (Water Storage Tank) A motion was made by Councilman Jerry Miller and second by Councilman Dalrymple to accept this Resolution.
The motion was carried unanimously.
Item 3. Resolution Stating the Reasonable Expectation of the City Council of the City of Weirton to Reimburse the City for Capital Expenditures in connection with the Acquisition and Construction of Waterworks System Facilities and Improvements Made Prior to the Issuance of Tax-Exempt Revenue Bonds. (Water Treatment Plant) A motion was made by Councilman Moore and second by Councilman Jerry Miller to accept this Resolution.
The motion was carried unanimously. Item 4. Ordinance to Replace Article V, Part 1, Section 505.11, of the Code of Ordinances of the City of Weirton, Adding Additional Protections for Animals Left Unattended in Vehicles. A motion was made by Councilman Dalrymple and second by Councilman Jerry Miller to accept this Ordinance.
Councilman Dalrymple commented on the reason that this Ordinance was pulled last month. City Attorney, John Yeager explained that they looked at the State Code and found that they could rework that code and provide a little more protection for pets and other animals that may be in the City. They took Code 61892, and made it a little tougher and make it harder for someone to escape the penalties of the law, if they do leave their pet in the car. The rest of the language is with the State Code. (There was more discussion on this issue) This Ordinance just provides more protection for animals than what we had before.
The motion was carried with a 6-1 vote. Councilman DeMasis being the opposing vote.
Item 5. Resolution to Enter Into Contract for the Purchase of One 1750-GPM Custom Pumper Fire Apparatus and Chassis for Weirton Fire Department utilizing General Fund and CDBG Funding.
A motion was made by Councilman Dalrymple and second by Councilman Moore to accept this Resolution.
Councilman Kondik asked Chief Cole if the $453,000 was just for the truck and not including the siren and lights etc.? Chief Cole said that this truck was pretty much loaded; there was some additional equipment, but it was minimal. They will take off the truck they now have, what can be utilized on the new truck.
The motion has been made and there were no other questions or comments.
The motion was carried unanimously.
Item 6. Resolution to Enter Into Contract for the Purchase of High-Pressure Compressor, Air Purification System and Containment Fill Station for Self-Contained Breathing Apparatus (SCBA) for Weirton Fire Department. A motion was made by Councilman Dalrymple and second by Councilman Moore to accept this Resolution.
The motion was carried unanimously.
Item 7. Resolution Authorizing Application and Acceptance for West Virginia Legislative Digest Funds (Penco Road/Weirton Museum). A motion was made by Councilman Jerry Miller and second by Councilman Moore to accept this Resolution.
The motion was carried unanimously.
Item 8. Resolution Authorizing Application and Acceptance for West Virginia Legislative Digest Funds (Weirton Special Response Team). A motion was made by Councilman Kondik and second by Councilman Dalrymple to accept this Resolution.
The motion was carried unanimously.
Item 9. Resolution Authorizing Application and Acceptance for West Virginia Legislative Digest Funds (Weirton Housing Authority). A motion was made by Councilman Kondik and second by Councilman Jerry Miller to accept this Resolution.
The motion was carried unanimously.
Item 10. Resolution Authorizing Application and Acceptance for West Virginia Legislative Digest Funds (Weirton Baseball Association). A motion was made by Councilman Kondik and second by Councilman DeMasis to accept this Resolution.
There was an amendment to the Resolution to change that Weirton Baseball Association be replaced with E. J. Bowman Field.
The motion was made by Councilman Dalrymple and second by Councilman Kondik to amend this Resolution.
The motion was made by Councilman Kondik and second by Councilman Dalrymple to accept the original Resolution as amended.
The motion was carried unanimously.
Item 11. Resolution to Authorize City of Weirton Contribution of twenty Five Thousand Dollars to Matching Grant for Proposed Kings Creek Land Erosion Control Program. A motion was made by Councilman Harold Miller and second by Councilman Dalrymple to accept this Resolution.
Councilman Moore and Mayor Miller had discussion on the cost and coverage of the Erosion Control Project.
Councilman Moore had concerns about the City actually issuing direct reimbursement to private citizens for work on private property. He also questioned which residents would get to take advantage of the program, and if approved, who would decide? He stated that 14 (fourteen) had already applied and there were only 10 grants available. Councilman Kondik questioned whether funds wouldn’t be better spent cleaning out Kings Creek itself, rather than working on the banks?
Mayor Miller stated that the program was to kick start work, along with the County Commissioners, so something can start to be done in the area. He explained that they would not know the cost until the West Virginia Conservation Corp of Engineers checked the situation the following day.
The motion has been made and second. The Mayor asked for a Roll Call Vote:
Councilman Henry DeMasis No Councilman Harold Miller Yes Councilman Dale Moore No Councilman Jerry Miller Yes Councilman David Dalrymple Yes Councilman Frank Veltri No Councilman George Kondik Yes
The motion carried with a 4-3 vote.
Item 12. Resolution to Enter Into Contract for Purchase of Scanner for Inspections Department. A motion was made by Councilman DeMasis and second by Councilman Kondik to accept this Resolution.
The motion was carried unanimously.
Item 13. Resolution to Enter Into Contract to Purchase Site Licenses for ArcView System for Inspections Department. A motion was made by Councilman Kondik and second by Councilman DeMasis to accept this Resolution.
The motion was carried unanimously.
Item 14. Resolution to Place Liens Against Real Properties for Costs Incurred in Demolition of Unsafe Properties Pursuant to Ordinance No. 250 (Galmer). A motion was made by Councilman J. Miller and second by Councilman DeMasis to accept this Resolution.
The motion was carried unanimously.
Item 15. Resolution to Authorize Establishment of City of Weirton Citizen Corps. It was moved by Councilman Dalrymple and second by Councilman J. Miller to accept this Resolution.
The motion was carried with a 6-1 vote. Councilman DeMasis opposed this Resolution. Item 16. Resolution to Enter into Contract for Purchase and Installation of Computer Networking Services for the Weirton Police Department’s CAD System. It was moved by Councilman Kondik and second by Councilman Dalrymple to accept this Resolution.
The motion was carried unanimously.
Item 17. Traffic CommissionRecommendations: (a) Ordinance Establishing Residential Handicapped Parking Space at 3634 Lindberg Way – (Emergency Reading) It was moved by Councilman Kondik and second by Councilman Dalrymple to accept this Ordinance.
Councilman Kondik asked Council to pass this with a 7-0 vote because of the traffic and the people requesting the space are in need.
The motion was carried unanimously.
(b) Ordinance Establishing Handicapped Parking Space at 3435 Orchard Street. It was moved by Councilman DeMasis and second by Councilman J. Miller to accept this Ordinance.
The motion was carried unanimously.
(c) Ordinance Establishing “No Parking” Zone on Lee Avenue from Main Street to Weir Avenue. It was moved by Councilman Kondik and second by Councilman DeMasis to accept this Ordinance.
There was a motion by Councilman Dalrymple to amend this Ordinance to “Emergency Reading” status. Mayor Miller announced that in order to do this it would require a 7-0 vote. Councilman J. Miller second this motion.
The motion was carried with a 7-0 vote to accept the amendment.
A motion was made by Councilman J. Miller to accept the original Ordinance as amended and second by Councilman Dalrymple.
This motion was carried 7-0.
(d) Ordinance Establishing “No Parking” Zone on East Street from Lee Avenue to Cove Road. A motion was made by Councilman Kondik and second by Councilman Dalrymple to accept this Ordinance.
Councilman J. Miller made a motion to amend this Ordinance to Emergency Reading status, and it was second by Councilman Dalrymple.
This motion to amend was carried unanimously.
A motion was made by Councilman J. Miller and second by Councilman Dalrymple to accept the original Ordinance as amended.
(e) Ordinance Establishing Handicapped Parking Space on Lee Avenue Beside the First United Methodist Church, 3301 West Street. A motion was made by Councilman DeMasis and second by Councilman Dalrymple to accept this Ordinance.
This motion was carried unanimously.
(f) Ordinance Establishing Stop Sign on West Side of Arango Street and N. 21st Street Facing West. A motion was made by Councilman H. Miller and second by Councilman Dalrymple to accept this Ordinance.
This motion was carried unanimously.
(g) Ordinance Establishing Stop Sign on East Side of Arango Street and N. 21st Street facing East. A motion was made by Councilman H. Miller and second by Councilman J. Miller to accept this Ordinance.
This motion was carried unanimously.
(h) Ordinance Establishing “No Parking” Zone on South Side of Cross Street from Last Driveway at Church/School Street Alley Proceeding Downhill Toward Church Street. A motion was made by Councilman Dalrymple and second by Councilman J. Miller to accept this Ordinance.
Councilman Dalrymple would like to amend the Ordinance
To read:
Establish “No Parking” Zone on Both Sides of Cross Street from the Church/School Street Alley Proceeding Exactly 70 feet Downhill Toward Church Street.
Councilman Kondik asked if this would have to be sent back to Traffic Commission with the verbiage being changed, and Mr. DuFour mentioned that the addition of the 15-minute parking would clarify why this change was needed. Councilman Dalrymple explained that the original ordinance doesn’t specify where to end the no parking zone. The only thing that was changed was that the no parking would be on both sides rather than on one side. With the change in the next Ordinance, it will all tie together.
A motion was made by Councilman Dalrymple and second by Councilman J. Miller to accept the amendment.
The amendment was carried unanimously.
A motion was made by Councilman Dalrymple and second by Councilman Kondik to accept the Ordinance as amended.
The motion was carried with a 7-0 vote.
(i) Ordinance Establishing 15-minute Loading and Unloading Zone Between Hours of 8:00 a.m. and 4:00 p.m. on North Side (Pipinos Center Side) of Cross Street Beginning at Intersection of School Street and Cross Street and Extending 75-feet Past the Church/School Street Alley. It was moved by Councilman Dalrymple and second by Councilman J. Miller to accept this Ordinance.
Councilman Dalrymple moved to amend this Ordinance to clarify the language
To read:
Establish 15-minute Loading and Unloading Zone Between the Hours of 8:00 a.m. and 4:00 p.m. on the North Side (Pipinos Center Side) of Cross Street Beginning at the Intersection of School Street and Cross Street and Ending at the Intersection of Cross Street and the Church/School Street Alley.
It was moved by Councilman Dalrymple and second by Councilman J. Miller to accept the amendment.
The motion was carried unanimously.
There was a motion made by Councilman J. Miller and second by Councilman Dalrymple to accept the Ordinance as amended.
The motion was carried with a 7-0 vote
APPOINTMENT TO VARIOUS BOARDS AND COMMISSIONS
None
ADMINISTRATIVE REPORTS FROM VARIOUS DEPARTMENTS
Police Department – Nothing to report.
Fire Department – Approximately 2,000 students will be trained in Fire Prevention. Children will be allowed in the Fire Safety trailer at the 3rd grade level and above.
The department has received a $2,500 check donation from a local resident for their Fire Protection Program. This was from a business within the City of Weirton.
Public Works – The fall clean up has been publicized for the week of October 17th through October 21st, 2005, on the regular scheduled pick-up day. That is for household items and should be curbside by 7:00 a.m. on their pick up day.
During the week of the Citywide Clean Up, recyclable material, leaves, trees, shrubs, and paper will be suspended, and will resume on the residents next recycle day.
Citywide Metals Day was scheduled for October 13, 2005, and should have all items at curbside by 7:00 a.m.
Parks and Recreation – Nothing to report.
Councilman Dalrymple asked Mr. Weigel about the playground equipment in his ward, and was advised that it was in with the exception of some end brackets and wall-mounted brackets. They have sent them UPS and should be in shortly. Mayor Miller asked confirmation on the Steve Dorich Memorial Park being opened at the end of October or the beginning of November. Mr. Weigel said that it depended on the ship date.
Councilman J. Miller commented to Mr. Weigel that the Memorial Park looked very nice. He has had many people commenting on the appearance.
Code Enforcement – Nothing more to report.
Utilities – Mr. Mastrantoni would like to advise the residents that they will be doing a partial systems flush in the downtown area on Thursday. They are flushing storm areas of the City. This is part of their annual flood procedure, which is being done a bit differently this year. It is also being advertised in the newspaper.
Mr. Mastrantoni thanked Council for their continued support and also the Water and Sanitary Board and staff who have worked hard to make these projects come to fruition, to the benefit of their utility customers.
Library – Weirton Women’s Club including the Literary Department is holding an Author’s Series Presentation at the school and at the Public Library on October 19, 2005 from 6:30 p.m. to 8:30 p.m. The author is Terry Truman. It is fiction whose son had Cerebral Palsy. It involves young people’s perception of those with Cerebral Palsy. He invited the Council and the community to come and meet the author, Wednesday evening. This is the first time that the Women’s Club has brought an author into the Library and they are very excited about this event.
Treasurer’s report
No additional bills for approval
It was moved by Councilman J. Miller and second by Councilman Dalrymple to accept the Department Head Reports and the Treasurer’s Report.
The motion was carried unanimously
Prayer
Adjournment
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