HomeMy WebLinkAbout09-22-14 Board of Public Works Meeting AgendaBOARD OF PUBLIC WORKS
OFFICIAL NOTICE OF REGULAR MEETING
A meeting of the Board of Public Works will be held on Monday, September 22, 2014, at 4:45
p.m. in Common Council Chambers — Third Floor, City Hall, 108 East Green Street, Ithaca,
New York.
Agenda
1. Additions or Deletions to Agenda (Items 1-5:15 min.)
2. Mayor's Communications
3. Communications and Hearings from Persons Before the Board
4. Response to the Public
5. Reports
Special Committees of the Board
Council Liaison
Board Liaisons
Superintendent and Staff
Brindley Street Bridge Replacement Project Presentation
Other Department Heads
6. Approval of Minutes
7. Administration and Communications
8. VOTING ITEMS
8.1 Buildings, Properties, Refuse and Transit
8.2 Highways, Streets and Sidewalks
8.3 Parking and Traffic
8.4 Creeks, Bridges and Parks
8.5 Water and Sewer
A. Appeal of Water Service Bill for 508 Taughannock Boulevard — Resolution
B. Resolution to Allow Relocation of Storm Sewer
9. DISCUSSION ITEMS
9.1 Request for a Residential Parking Permit
9.2
10. New Business
11. Adjournment
If you have a disability that will require special arrangements to be made in order for you to fully
participate in the meeting, please contact the City Clerk at 607- 274 -6570 at least 48 hours before the
meeting.
The Board of Public Works meets on the second and fourth Mondays at 4:45 p.m. All meetings are voting meetings, opening with a public
comment period. Meeting agendas are created from prior public input, Department operating, planning issues, and requests made to the
Superintendent. The Board reserves the right to limit verbal comments to three minutes and to request written comments on lengthy or
complex issues. This information may then be used to create committee agendas, with the speaker or author invited to attend.
Notes for BPW Acienda, September 22, 2014
8.4A Appeal of Water Service Bill for 508 Taughannock Boulevard — Resolution
The resolution reflects the Board's previous discussion.
8.413 Resolution to Allow Relocation of Storm Sewer
A portion of the City's storm sewer runs under the premises located at 120 S. Aurora Street,
Ithaca, NY which is the site of a proposed 159 -key Marriott hotel (the "Hotel ") to be developed
by Hotel Ithaca, LLC (the "Developer"). The City reserved a right -of -way to maintain and repair
the storm sewer running under a portion of the Hotel site. However, the storm sewer also
extends onto another portion of the Hotel site, over which the City does not appear to have an
express right -of -way for repair and maintenance. The Developer, at its sole cost and expense,
wishes to relocate the storm sewer to the South Aurora Street right -of -way. This relocation will
result in a newly constructed storm sewer pipeline and will ensure continuous and
uninterrupted surface access to the storm sewer. The Developer has asked that upon
completion of the relocation of the storm sewer and approval of the same by the City of Ithaca
Streets and Facilities Division, that the City release all rights to maintain and repair a storm
sewer under the Hotel site.
9.1 Request for a Residential Parking Permit for 218 Delaware Avenue
Tim Logue has reviewed the request for a parking permit for 218 Delaware Avenue. His
recommendation is enclosed for the Board's review.
M%okaelj. Thomt, P.E.
.super &wtewdewt of Public VVM?
.september i7, 2o14
Page 2
8.4A Appeal of Water Service Bill for 508 Taughannock Boulevard — Resolution
WHEREAS, the City Code § 348 -17, General Installation and Maintenance Rules for Service
Pipes are as follows:
A. The installation of all service pipes between the water main and the curb box
shall be at the expense of the owner of the premises served, except that, when
a service pipe of Type K soft copper or other such material as may hereafter be
approved as permanent shall have been installed at the expense of the owner,
such installation between the main and the curb box shall be considered to be a
part of the city water system and shall be so maintained. In the event, however,
that larger or different service is requested by the owner or required by reason
of the use of the property served, such larger or different service shall be
installed at the expense of the owner.
B. All installation of service pipes between the main and the curb box in the city
shall be made only by the Water and Sewer Division of the Department of
Public Works.
F. The Board reserves the right to repair any leaking service pipe without notice
and to charge the expense thereof against the owner of the premises, to be
collected in the manner provided by the rules and regulations or the provisions
of the City Charter relating thereto.
and
WHEREAS, On Monday, October 28, 2013, a City of Ithaca Department of Public Works Water
& Sewer Division Crew excavated the street in the area of the water service at 508
Taughannock Boulevard and found a leak on the 2 -inch galvanized iron water service line to
the Coast Guard Auxiliary Building at the point where it connected to the 6 -inch municipal
watermain in the street. The Crew disconnected the leaking service and plugged the old tap
connection at the City's watermain. On Wednesday, November 6, 2013, in coordination with
Flotilla 2 -2's plumber, another City of Ithaca Department of Public Works Water & Sewer
Division Crew made a new tap on the 12 -inch watermain in the street and installed a new
water service from the main to the curb at 508 Taughannock Boulevard, and
WHEREAS, a new 3/4 -inch K- copper water service line was installed by the City of Ithaca
Water & Sewer Division from a new corporation stop on the watermain to a new curb stop at or
near the property line, and
WHEREAS, the Board of Public Works reviewed and discussed the appeal that was submitted
by Flotilla 2 -2 disputing the charges for the water service repair, now therefore, be it
RESOLVED, That the Board of Public Works hereby finds in accordance with City of Ithaca
Code that the Owner of the facilities at 508 Taughannock Boulevard is responsible for payment
of the bill for the new water service installed by City of Ithaca Department of Public Works
Water & Sewer Division, and be it further
RESOLVED, That the Board of Public Works authorizes the City of Ithaca Chamberlain to
make arrangements with the Owner and /or Flotilla 2 -2 to allow up to a year for payment of this
bill without penalty.
Page 3
8.413 Resolution to Allow Relocation of Storm Sewer
WHEREAS, the City of Ithaca Charter, Section C -65, gives the Board of Public Works the
power to adopt and execute plans for the drainage of the City and for the extension and
improvement of the present sewer and water system; and
WHEREAS, the City of Ithaca Charter, Section C -77, gives the Board of Public Works the right
to use the ground or soil under any street or highway in the City for the purpose of introducing
water into and through any and all portions of the City, and such right shall be continuous for
the purpose of repairing and relaying water pipes; and
WHEREAS, a portion of the City's storm sewer lies under the premises located at 120 S.
Aurora Street, Ithaca, NY which is the site of a proposed 159 -key Marriott hotel (the "Hotel ") to
be developed by Hotel Ithaca, LLC (the "Developer"); and
WHEREAS, the City reserved a right -of -way to maintain the storm sewer under a portion of the
Hotel site, such portion being known as "Parcel B -1" on a survey map entitled "No. 215 East
State Street, City of Ithaca, Tompkins County, State of New York," dated November 26, 2007,
prepared by T.G. Miller, P.C., Engineers and Surveyors (the "Survey"), which Parcel B -1 is
currently identified as City of Ithaca Tax Parcel No. 70.- 4 -4.3; and
WHEREAS, the storm sewer also extends under an adjoining portion of the Hotel site, shown
as "Parcel B -2" on the Survey, which Parcel B -2 is currently identified as City of Ithaca Tax
Parcel No. 70.4-4.4, although it does not appear that an express easement or right -of -way
exists for the City to maintain and repair that portion of the storm sewer under Parcel B -2; and
WHEREAS, Developer at its sole cost and expense has requested permission to relocate the
storm sewer which currently runs under the Hotel site to the South Aurora Street right -of -way
and Developer has asked that upon completion of the relocation of the storm sewer and
approval of the same by the City, that the City to release all rights to maintain and repair a
storm sewer under Parcel B -1 and any rights the City may have, if any, to maintain and repair
the storm sewer under Parcel B -2; and
WHEREAS, the relocation of the storm sewer to the South Aurora Street right -of -way will
benefit the City because it will result in a newly constructed storm sewer pipeline and also
because the relocation will ensure continuous and uninterrupted surface access to the storm
sewer in the area of the Hotel; and
WHEREAS, the Board concludes that relocation of the storm sewer, as requested by
Developer, is in the best interest of the City's water system; now, therefore be it
RESOLVED, That the Board of Public works approves the relocation of the storm sewer from
its current location under the Hotel site to the South Aurora Street right -of -way on the condition
that such work shall be completed by Developer at Developer's sole cost and expense, and
such relocated storm sewer shall comply with all applicable state and local laws and
regulations; be it further
Page 4
RESOLVED, That upon completion of the relocation of the storm sewer and approval of the
same by the City of Ithaca Streets and Facilities Division, the City shall release all rights to
maintain or repair a storm sewer under Parcel B -1 and any rights the City may have, if any, to
maintain and repair the storm sewer under Parcel B -2; be it further
RESOLVED, That the Mayor, subject to review by the City Attorney, is immediately authorized
to execute such instruments as may be necessary to effectuate the terms of these resolutions,
provided that any instrument releasing the City's right -of -way to maintain and repair the
existing storm sewer shall not be delivered to the Developer until all terms and conditions set
forth in these resolutions are met.
Page 5
RELEASE OF EASEMENT
This Release is made this _ day of September 2014, between CITY OF ITHACA, NEW
YORK, a municipal corporation having offices at 108 East Green Street, Ithaca, New York (the
"City ") and ITHACA URBAN RENEWAL AGENCY, an urban renewal agency created pursuant
to the General Municipal Law of the State of New York, with offices at 108 East Green Street,
Ithaca, New York 14850 ( "IURA ").
WITNESSETH:
That the City is the owner and holder of an easement set forth Warranty Deed from the
City of Ithaca to IURA dated August 20, 2008 and recorded on August 26, 2008 as Instrument No.
530997 -001 (the "Easement');
That the City, in consideration of One Dollar ($1.00) lawful money of the United States,
and other good and valuable consideration paid by Ithaca Properties to the City, does hereby grant
and release unto IURA, its successors and assigns forever, any right, title or interest the City has
under the Easement, in that certain tract, piece or parcel of land together with improvements
situate thereon located in the City of Ithaca, Tompkins County, State of New York more
particularly described on Schedule A attached hereto and made a part hereof (the "Released
Premises ")
The City for itself and its successors and assigns hereby agrees to terminate and release the
Easement any rights the City may have in and to the Released Premises under and by virtue of the
Easement, and the Released Premises are hereby released and quitclaimed by the City to IURA, its
successors and assigns, for its own use and benefit, forever, free, clear and discharged of and from
all encumbrance and claim by the City, its successors and assigns, under and by virtue of the
Easement.
IN WITNESS WHEREOF, this Instrument has been duly executed by the City the year
and date above mentioned.
CITY OF ITHACA
STATE OF NEW YORK )
COUNTY OF TOMPKINS )ss.:
Svante Myrick, Mayor
On this day of September, 2014 before me, the undersigned, personally appeared
Svante Myrick, known to me or proved to me on the basis of satisfactory evidence to be the
individual whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his capacity and that by his signature on the instrument, the individual or the
person upon behalf of whom the individual acted, executed the instrument.
NOTARY PUBLIC
SCHEDULE A
Released Premises
The below - described premises are shown as "Parcel B -l" on a survey map entitled "NO. 215
EAST STATE STREET, CITY OF ITHACA, TOWKINS COUN'T'Y, NEW YORK' dated November
26, 2007, prepared by T.G, Miller, F.C., Engineers and Surveyors. Said map is hereinafter referred to as
"the Survey Map."
PARCEL B -1
BEGINNING at a point in the easterly property line of "Parcel A7 on the survey map, now or
formerly owned by 4250 Vets Highway, LLC (part of Instrwnent No. 435727 -003), which point is located
the following courses and distances from the intersection of the southerly street line of East State Street
with the westerly street line of West Aurora Street: (1) South 891 52' 34" West a distance of 12.87 feet to
a point, (2) South 00° 13' 11" East, a distance of 113.86 feet along said easterly property line of "Parcel
A" to a point, said point being the point and place of beginning;
1. Thence along said easterly property line of "Parcel A7 a distance of 20.00 feet to a point;
2. Thence North 890 degrees 46'49" East a distance of 37.27 feet to a point;
3. Thence South 20° 14'46" East a distance of 98.98 feet to a point;
4. Thence North 67° 26'4,r East a distance of 14.15 feet to a point marked by an iron pin;
5. Thence North 200 14146" West a distance of 37.77 feet to a point marked by an iron pin;
6. Thence continuing North 26° 20137-1 West a distance of 27.77 feet to a point;
7. Thence continuing North 20° 2024" West a distance of 50.30 feet to a point;
8. Thence South 89 ° 46' 49" West a distance of 41.70 feet to the point of beginning, containing
0.049 acres (2,140 Sq. Ft.) of land.
No. of Pages -
Receipt No 530997
DATE
Time
Aurora R. Valenti
TOMPKINS COUNTY CLERK
320 North Tioga Street
Ithaca, NY 14850
(607) 274 -5431
Fax 1607) 274 -5445
08/26/2008
03:25 PM
Document Type: MAPS
Delivered By:
Return To-
Instrument Number
*530997 -002*
SCHLATHER, GELDENHUYS STt
Parties To Transaction: CITY OF ITHACA TO ITHACA URBAN RENE
Deed Information Mortuane Information
Consideration- Mortgage Amount
Transfer Tax Basic Mtge, Tax
RETT No- Special Mtge Tax:
County Transfer Tax Additional Mtge. Tax:
State of New York
Tompkins County Clerk Mortgage Serial No.:
This sheet constitutes the Clerk endorsement required by Section 316,A(5) & Section 319 of the Real
Property Law of the State of New York DO NOT DETACH
Tompkins County Clerk
�/ i III #II 11111 IIIII llJll 1111111111 Jill 111111 11111 11111 Jill J111
* 5 3 0 9 9 7 - 0 0 2
TITLE INFORMATION
PARCEL A PARCEL B-1 PARCEL B -2
4250 VEM Hk*WY, UC CITY OF nWACok 4250 1IV3 NGWAX LLC
PAO N',YRLXWW A0, 435!22-OLJ
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EAST STATE STREET ITHACA COMWNS
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♦ U" K E TITLE:
SURVEY WAP
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No. of Pages: 2
Receipt No. 530997
Aurora R. Valenti
TOMPKINS COUNTY CLERK
320 North Tidga Street
Ithaca, NY 14850
(607) 714 -5431
Fax: (607) 2745445
DATE: 08126/2008
Time: 03:25 PM
Document Type: DEED
Instrument Number
*530997 -001 *
Delivered By: SCHLATHER, GELDENHUYS STt
Return To.
SCHLATHER, GELDENHUYS STUMBAR & SALK
200 E BUFFALO ST
PO BOX 353
ITHACA, NY 14851
Parties To Transaction: CITY OF ITHACA TO ITHACA URBAN RENE
Deed information Mortaaoe Information
Consideration: $0.00 Mortgage Amount
Transfer Tax: $Q.00 Basic Mtge. Tax:
RETT No: 00169 Special Mtge. Tax:
County Transfer Tax: $0,00
State of New York
Tompkins County Clerk
Additional Mtge. Tax:
Mortgage Serial No.:
This sheet constitutes the Clerk endorsement required by Section 316 -A(5) & Section 319 of the Real
Property Law of the State of New York. DO NOT DETACH
dl,A� e rem
I II IIII IIIII III II
111111111111111 IN 111111111111111111111111
WARRANTY DEED with LIEN COVENANT
THIS CONVEYANCE is made this 2A day of .. „ r cS J Two Thousand Eight, between:
CITY OF ITHACA, a New York municipal corporation having its principal office at Io8 East Green
Street, Ithaca, New York 14850,
the Grantor, and
ITHACA URBAN RENEWAL AGENCY, an urban renewal agency created pursuant to the General
Municipal Law of the State of New York, with offices at 108 East Green Street, Ithaca, New York 14850,
the Grantee.
WITNESSETH, that the Grantor, in consideration of One Dollar and other good and valuable
consideration paid by the Grantee, does hereby grant and release unto the Grantee, his heirs, successors
and assigns forever,
SEE SCHEDULE A ATTACHED HERETO AND MADE A PART HEREOF
TOGETHER with the appurtenances and all the estate and rights of the Grantor in and to said premises.
TO HAVE AND TO HOLD the premises herein granted unto the Grantee, its heirs, successors and
assigns forever.
AND said Grantor COVENANTS as follows:
FIRST, that the Grantee shall quietly enjoy said premises.
SECOND, that the Grantor will forever WARRANT the title to said premises.
THIRD, that, in compliance with Section 13 of the Lien Law, the Grantor will receive the consideration
for this conveyance and will hold the right to receive such consideration as a must band to be applied first
for the purpose of paying the cost of the improvement and will apply the same first to the payment of the
cost of the improvement before using any part of the total of the same for any other purpose.
IN WITNESS THEREOF, this deed has been duly executed by the Grantor.
CITY OF ITHACA
By: C661yn IL Petersong Mayor
STATE OF NEW YORK )
COUNTY OF TON?YJNS
On the Zolk day of Avcv S }- , in the year 2008, before me„ the undersigned, personally
appeared CAROLYN K. PETE R&M, personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument, and
acknowledged to me that she executed the same in her capacity, and that by her signature on the
instrument, the individual, or the person on behalf of,,aa m the individual acted, executed the instrument.
IURAIRtmlcsdPareelB -Ldeed 1008
.Page 1-
Public tom, t_ WFFMAN
of NOW Yuri
May 2.
r
SCHEDULE A
The below-described premises are shown as "Parcel B -I" on a survey map entitled 'NO. 215
EAST STATE STREET, CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK" dated November
26, 2007, prepared by T.G. Miller, P.C., Engineers and Surveyors. Said map is hereinafter referred to as
"tile Survey Map."
PARCEL B-1
BEGINNING at a point in the easterly property line of "Parcel A" on the survey map, now or
formerly owned by 4250 Vets Highway, LLC (part of Instrument No. 435727 --003X which point is located
the following courses and distances from the intersection of the southerly street line of East State Street
with the westerly street line of West Aurora Street: (1) South 89° 521 34" West a distance of 12.87 feet to
a point, (2) South 00° 13' 11" East, a distance of 113.86 feet along said easterly property line of "Parcel
A" to a point, said point being the point and place of beginning;
1. Thence along said easterly property line of "Parcel A" a distance of 20.00 feet to a point;
2. Thence North 89* degrees 46'49" East a distance of 37.27 feet to a point;
3. Thence South 20' 14' 46" East a distance of 98.98 feet to a point;
4. Thence North 67° 26'44" East a distance of 14.15 feet to a point marked by an iron pin;
5. Thence North 200 14146" West a distance of 37.77 feet to a point marked by an iron pin;
6. Thence continuing North 26° 20' 37" West a distance of 27.77 feet to a point;
7. Thence continuing North 20° 26 24" West a distance of 50.30 feet to a point,
8. Thence South 89° 46' 49" West a distance of 41.70 feet to the point of beginning, containing
0.049 acres (2,140 Sq. Pt.) of land.
SUBJECT TO a right-of-way to the Grantor to maintain and repair a storm sewer in the location
shown appmximately on the survey map.
IURAMwIand Parcel D- ].deed 2008
-Page 2 -
CITY OF ITHACA
108 East Green Street, Suite 202 Ithaca, New York 14850 -5690
OFFICE OF THE CITY ENGINEER
Telephone: 607/274 -6530 Fax: 607274 -6587
To:
From:
Board of Public Works
V
Tim Logue, Transportation Engineer (-"-J
Date:
September 17, 2014
Re:
Residential Parking Permit System Hardship Request
218 Delaware Avenue
I am recommending denial of the enclosed Residential Parking Permit System
(RPPS) hardship request from Mr. Paul Balestrieri, a current resident of 128
Delaware Avenue, unless he can present a compelling case that he has a short
term health emergency.
The property is in a CR -3 zoning district. Therefore it is not eligible to get RPPS
permits. The property has a driveway and off - street parking.
Between chapter 260 of the City Code (Residential Parking Permit System) and
the BPW regulations implementing the same, there is limited guidance on how to
handle hardship requests. The BPW regulations simply state, "Residents may
file written appeals with the BPW for either hardship consideration or the denial
of permits by the City Clerk's Office." Section 260-4 of the City Code provides a
little more guidance, stating that residents may apply to the BPW for a permit
not otherwise available in the following circumstances:
1. Where a home health care provider provides home health care to a
resident and regularly drives to the resident's home.
2. Where a resident has a short term health emergency.
3. Where residents living on a street within the Residential Parking Permit
Zone without on- street parking wish to purchase a permit for on- street
parking on a street where permits are required.
4. Such other instances of hardship (excluding self- created hardship) as the
Board of Public Works in their discretion determines sufficient for
issuance of additional parking permits.
In my opinion, Mr. Balestrieri's case falls closest to #2 above, and I've let him
know that you may be interested in a doctor's note. I did look at the driveway
apron and it is not very steep. My guess is that he does not want to pay for the
off - street parking that is on the property. Off - street parking in Collegetown can
run $100 /month and our RPPS permits cost $45 /calendar year. In my
interpretation, granting the hardship case on this basis would not fit with
Common Council's intent in creating the Residential Parking Permit System.
An Equal Opportunnity Employer with a commitment to workforce dierrvifrcation.' *�
9/16/2014 for ne)d BPW agenda FW. Requesting a Residential Parking Permit
for next BPW agenda FW: Requesting a Residential Parking Permit
Tim Logue
Sent: Monday, September 08, 2014 8:37 AM
To: Kathy Gehring; Michael Thorne
Categories:BPW
Hi Kathy,
Can you put this on for the next BPW meeting? ni prepare a cover memo with staff rec.
Tim Logue
City Transportation Engineer
108 East Green Street
Ithaca, NY 14850
607.274.6535
"Respect for the rights of others means peace."
Benito Juarez (Mexican past president, 1806 -1872)
From: Paul Balestrieri [pbalesb ieri94 @gmail.com]
Sent: Monday, September 08, 2014 12:45 AM
To: Tim Logue
Subject: Requesting a Residential Parking Permit
Dear Board of Public Works,
My name is Paul Balestrieri and I am a student at Cornell University. I am writing the Board to
please consider me for a "Zone A" street parking pass. I am a resident at 218 Delaware Ave and am
one of the few houses on my street ineligible for residential parking. I believe that this is unfair. The
street parking directly in front of my house requires "Zone A" parking permit and therefore I am unable
to park there for majority of the day.
I am requesting a special case for a residential parking permit for a variety of reasons. One of
them being that my car (a sedan) cannot physically enter the driveway at my house because the
entrance from the street to the entrance of the driveway is too steep. I recognize that there are other
parking spaces available for purchase, however, because I am not a resident at the other houses that
are selling parking spots, the prices they charge are astronomical, upwards of $1200, and I simply
cannot afford that cost.
You may ask the question, why do I need a car? Well my answer to that is twofold. Recently I
was hiking the gorges and a piece of sharp shale rock came loose from above, tumbled down the
mountain, and struck me in the back. The laceration was severe and I was forced to spend all of Labor
Day in the Emergency Room. This injury required extensive surgery and will be keeping me out of class
for some time. I can provide a doctor's note if necessary to verify this event. When I return to class
getting to campus is going to be very challenging and the use of a car, especially for the first month or
two, would certainly alleviate my pain. As a member of the Cornell Varsity baseball team I have to be
on campus at various times throughout the week to attend practice despite my inability to compete.
Being a part of the Cornell baseball team also means that I often times am not able to attend the dining
halls at their respective open hours. This means that my home food shopping is essential and having
https: / /niai I.c!tWfithaca.org /aA49/?ae= Nm&t--IPM. Note& id= RgAAAADGOvZ6b7 %2bAR5W4XYagpRD3BwAXB %21WM ihM bRYW%2frmrtl POBAAAA*IAAAXB... 1/2
9/1612014 for ne)G BPW agenda FW: Requesting a Residential Parking Permit
the means to get to Wegman's and Walmart is something that I need to be able to do. I recognize that
there are a few 24 hour parking zones but these are very consistently full and unreliable.
I would like to thank you in advance for considering me for a Residential Parking Permit. I
appreciate your time and thoughts. If you would like any other information regarding my situation
please do not hesitate to contact me.
Thank you,
Paul Balestrieri
908 - 268 -0502
https: l /mail.cibOthaca.org /ova/ ?ae= ltem&t--IPM. Note& id= RgAAAADGOvZ6b7 %2bAR5W4XwzgpRD3BYAXB%2fWM ihM bRYW%2frrrrtl POBAAAA*IAAAXB... 212