HomeMy WebLinkAbout9/8/1992 - Regular
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September 8, 1992
Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, S.W.
Roanoke, Virginia 24018
September 8, 1992
The Board of Supervisors of Roanoke County, Virginia, met
this day at the Roanoke County Administration Center, this being the
second Tuesday, and the first regularly scheduled meeting of the month
of September, 1992.
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IN RE:
CALL TO ORDER
Chairman Eddy called the meeting to order at 3:00 p.m. The
roll call was taken.
MEMBERS PRESENT:
Chairman Lee B. Eddy, Vice Chairman Edward G.
KOhinke, Sr., Supervisors Bob L. Johnson, H. Odell
"Fuzzy" Minnix, Harry C. Nickens
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M.
Mahoney, County Attorney; Mary H. Allen, Clerk;
John M. Chambliss, Assistant County Administrator;
Don M. Myers, Assistant County Administrator;
Anne Marie Green, Information Officer
IN RE:
OPENING CEREMONIES
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The invocation was given by the Reverend George
Pearson, Southview United Methodist Church. The Pledge of
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Allegiance was recited by all present.
IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER' OF
AGENDA ITEMS
Chairman Eddy added Executive Item 2.1-344 (A) (5)
discussion of an economic development prospect.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
h Announcement of Enhanced ISO Ratinq for Roanoke
County. (Tommv Fuqua, Fire and Rescue Chief)
Chief Fuqua advised that ISO ratings are used by insurance
companies to perform premium calculations on properties. The
best rating is 1 and the lowest rating is 10. A locality's
rating is reviewed every ten years. Chief Fuqua reported that
Roanoke County has been notified that their rating has been
reduced to a 5/9 from 6/9. The rating of 5 is used when property
is located five miles from a fire station and a fire hydrant
exists within 1000 feet. The rating of 9 is used for all other
property. This change will reduce insurance rates to homeowners
by an average of $50 to $70. citizens will be informed of this
potential savings through information that will be mailed out
with utility bills. Supervisor Johnson asked that staff conduct
a random test of one commercial establishment and several
residential homes to ensure that insurance rates are lowered.
Public Information Officer Anne Marie Green was directed to
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check on several properties thirty days after notices are sent
with utility bills to see whether or not the insurance rates are
reduced.
IN RE:
NEW BUSINESS
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Request for Adoption of
Operatinq Budqet. (Anne
Information Officer)
the Reqional Cable TV
Marie Green, Public
A-9892-1
Ms. Green advised that the Roanoke Valley Regional Cable
Television Committee recently approved an operating budget for
the regional television studio for 1992-93 which must also be
approved by the governing bodies of all three participating
jurisdictions. The budget for the eight month period is $52,003
plus $10,000 for contingencies, with the County's share being
$21,148.20, which is less than 1% of the gross revenues. Ms
Green advised that the Committee has approved hiring a studio
manager and it is anticipated that the manager will be available
beginning November 1.
Supervisor Nickens moved to approve the Regional Cable TV
Operating Budget. The motion carried by the following recorded
vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Nickens, Eddy
Supervisor Kohinke
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h Request to Revise Policy for use of the Roanoke
County Administration Center Communi tv Room.
(Elmer C. Hodqe, County Administrator)
A-9892-2
Mr. Hodge asked that the Board retain the current policy
which provided for certain charges to outside organizations
because it was consistent with Schools and Parks and Recreation
Department.
Supervisor Nickens announced he originally supported less
stringent rules for use of the room, but now supports keeping the
policy as it is. Supervisor Eddy presented a memorandum
recommending that non-governmental, civic, political and
educational groups use the building during the evenings and
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weekends with a $100 refundable damage deposit. He also
suggested other changes to the current policy.
Supervisor Nickens moved to keep the policy as it
currently stands under Resolution 32889-5.b but with an increase
in the custodial fee. The motion carried by the following
recorded vote:
AYES: Supervisors Johnson, KOhinke, Nickens
NAYS: Supervisors Minnix, Eddy
h Request for Approval of Recommendation to
Implement Removal, Remedial and Closure of Dixie I
Caverns Landfill. (Paul M. Mahonev, County
Attorney)
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Following discussion on the need for additional staff and a
new vehicle, this request was continued until September 22, 1992.
The staff was requested to gather the following information: (1)
additional information on dealing with consultants, negotiations
and a contract with Olver and Associates, (2) potential costs to
hire Olver, (3) additional information on using current staff
rather than hiring new employees, and the effect this would have
on projects such as drainage and roads.
IN RE:
FIRST READING OF ORDINANCE
h Ordinance to Amend and Reenact Section 7-61,
Roanoke County Code and Adopt Section 105, Unsafe
Buildinqs, Volume II, Virqinia Uniform Statewide
Buildinq Code. (Arnold Covey, Director,
Enqineerinq & Inspections)
Mr. Covey explained that at the present time, Roanoke County
does not have authority to condemn unsafe buildings and
structures built after September 1, 1973. Adoption of this
section would give Roanoke County the authority to condemn
buildings and structures regardless of which code was in effect
at the time the structure was built. Mr. Covey advised that
staff does not recommend adoption of the complete edition of
Volume II of the Virginia Uniform Statewide Building Code due to
inadequate staff to enforce the additional regulations. Only
Section 105 is recommended for adoption.
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Supervisor Nickens moved to approve the first reading and
set the second reading for September 22, 1992.
The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS:
None
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Ordinances
Amending
and
Reenactinq
various
Sections of the Roanoke County Code to Reflect
Recent
Leqislative
Chanqes
By
the
General
AssemblY. (Joseph Obenshain, Sr. Assistant County
Attorney)
Mr. Obenshain reported that the proposed changes to the
Roanoke County Code reflect a variety of housekeeping amendments
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which were either mandated or authorized by the General Assembly
in recent amendments to the Code of Virginia.
Supervisor Johnson moved to approve the first reading and
set the second reading for September 22, 1992.
The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
a. ORDINANCE AMENDING AND REENACTING SEC. 3-5.
SMOKING PROHIBITED., SEC. 3 -8. EXEMPTIONS. ,
SEC 3-10. POSTING REOUIREMENTS. AND SEC. 3-
12. ENFORCEMENT. OF ARTICLE II, ROANOKE
COUNTY SMOKING POLICY OF CHAPTER 3, AIR
POLLUTION OF THE ROANOKE COUNTY CODE
REGARDING EXCEPTIONS TO AND ENFORCEMENT OF
THE VIRGINIA INDOOR CLEAN AIR ACT.
b. ORDINANCE AMENDING AND REENACTING SEC. 4-86. I
DEFINITIONS., SEC. 4-90. PARTICIPATION IN _
MANAGEMENT, OPERATION OR CONDUCT GENERALLY.,
SEC. 4-95. LIMITATION ON VALUE OF' PRIZES.,
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SEC. 4-96. FINÁNCIAL RECORDS AND REPORTS
GENERALLY., SEC. 4-97. CERTIFICATE TO
ACCOMPANY FINANCIAL REPORT., SEC 4-100.
LIMITATION ON FREQUENCY OF BINGO GAMES., SEC
4-101. RESTRICTIONS ON USE OF GROSS RECEIPTS
FROM BINGO GAMES OR RAFFLES., SEC 4-113.
OUALIFICATIONS OF APPLICANT., AND SEC. 4-117.
VALID ONLY IN COUNTY AND AT DESIGNATED
LOCATIONS: EXCEPTION. OF ARTICLE V. BINGO
GAMES AND RAFFLES OF CHAPTER 4, AMUSEMENTS OF
THE ROANOKE COUNTY CODE
c.
ORDINANCE AMENDING AND REENACTING SEC. 7-68,
REPAIR OR DEMOLITION BY COUNTY OF ARTICLE IV.
UNSAFE BUILDINGS AND STRUCTURES OF CHAPTER 7,
BUILDING REGULATIONS OF THE ROANOKE COUNTY
CODE CONCERNING LIENS AGAINST REAL ESTATE FOR
COST OF REPAIR OR DEMOLITION
d.
ORDINANCE AMENDING AND REENACTING SEC. 9-18.
ENFORCEMENT OF ARTICLE II. VIRGINIA STATEWIDE
FIRE PREVENTION CODE OF CHAPTER 9, FIRE
PREVENTION AND PROTECTION OF THE ROANOKE
COUNTY - CODE TO AUTHORIZE FIRE MARSHAL TO
ENTER PROPERTY TO INVESTIGATE RELEASE OF
HAZARDOUS MATERIALS
e. ORDINANCE AMENDING AND REENACTING SEC. 10-4,
APPLICATION FOR LICENSE: DUTIES OF
COMMISSIONER: PENALTIES FOR OPERATING
BUSINESS WITHOUT A LICENSE, FAILING TO FILE
AN APPLICATION, OR FILING FALSE STATEMENTS.,
OF ARTICLE I. IN GENERAL TO RESTRICT ISSUANCE
OF BUSINESS LICENSES WHERE ANY TAXES DUE THE
COUNTY ARE UNPAID AND SEC., 10-36. PERSONAL
AND BUSINESS SERVICE OCCUPATIONS. OF ARTICLE
II. CLASSIFIED BUSINESS AND OCCUPATIONAL
LICENSE PROVISIONS OF CHAPTER 10 LICENSES OF
THE ROANOKE COUNT CODE TO ADD AND DELETE
CERTAIN OCCUPATIONS AND TO ADD
f. ORDINANCE AMENDING AND REENACTING SEC. 12-26,
REOUIRED: EXCEPTIONS, OF ARTICLE II. COUNTY
VEHICLE LICENSE, OF CHAPTER 12, MOTOR
VEHICLES AND TRAFFIC OF THE ROANOKE COUNTY
CODE CONCERNING THE SITUS OF MOTOR VEHICLES
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ORDINANCE AMENDING AND REENACTING SEC 12-54.
PARKING PROHIBITED IN SPECIFIED PLACES. OF
ARTICLE III, PARKING, OF CHAPTER 12, MOTOR
VEHICLES AND TRAFFIC, OF THE ROANOKE COUNTY
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CODE TO ESTABLISH STANDARDS FOR
IDENTIFICATION OF HANDICAPPED PARKING SPACES
BY ABOVE GRADE SIGNS.
h. ORDINANCE ENACTING SEC. 12-102, REMOVAL OF
VEHICLES INVOLVED IN ACCIDENTS TO PROVIDE
AUTHORITY TO REMOVE VEHICLES WHICH ARE
IMPEDING THE FLOW OF TRAFFIC AND FOR THEIR
STORAGE
IN RE:
i. ORDINANCE AMENDING AND REENACTING SEC. 16.1-
25. INSPECTION OF RECORDS REQUIRED BY CHAPTER
AND OR ARTICLES LISTED IN SUCH RECORDS., O~
ARTICLE II. DEALERS, OF CHAPTER 16.1,
PRECIOUS METALS AND GEMS, OF THE ROANOKE
COUNTY CODE TO PERMIT LAW ENFORCEMENT
OFFICERS TO TAKE POSSESSION OF ITEMS KNOW TO
BE STOLEN.
j.
ORDINANCE AMENDING AND REENACTING SEC. 17-2.
DEFINITIONS., SEC. 17-14. MODIFICATION OF
CONTRACTS., AND SEC. 17-15. PERFORMANCE AND
PAYMENT BONDS GENERALLY., OF, ARTICLE I. IN
GENERAL, SEC. 17-75. PROVISIONS APPLICABLE TO
PROCUREMENT OF PROFESSIONAL SERVICES., OF
DIVISION 3. COMPETITIVE NEGOTIATION, AND SEC.
17-86. DEFINITIONS., OFJ DIVISION 4. SMALL
PURCHASES, OF ARTICLE II. COMPETITIVE
PROCUREMENT OF CHAPTER 17 PROCUREMENT CODE OF
THE ROANOKE COUNTY CODE TO EXPAND THE
DEFINITION OF PROFESSIONAL SERVICES, TO
INCREASE THE AMOUNT BY WHICH FIXED-PRICE
CONTRACTS MAY BE INCREASED BY THE PURCHASING
AGENT, TO INCREASE THE MINIMUM AMOUNT OF
PUBLIC CONSTRUCTION CONTRACTS FOR WHICH
PERFORMANCE AND PAYMENT BONDS ARE REQUIRED,
TO AMEND THE CONDITIONS FOR COMPETITIVE
NEGOTIATION WITH QUALIFIED OFFERORS OF
PROFESSIONAL SERVICES AND RAISE THE CEILING
FOR SMALL PURCHASES AND PURCHASES RELATED TO
MICROCOMPUTERS.
CONSENT AGENDA
R-9892-3
Supervisor Kohinke moved to approve the Consent Agenda.
The motion carried by the 'following recorded vote:
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AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS:
None
RESOLUTION 9892-3 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED
AS ITEM J - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
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1. that the certain section of the agenda of the Board
of Sup~rv~sp~s for, September 8, 1992,
designated as Item J -
Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items 1
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through 3, inclusive, as follows:
1. Approval of Minutes - August 12, 1992
2. Authorization to Pay Legal Fees for Litigation
with Grumman Emergency Products, Inc.
3. Donation of utility and Access Easement for Water
Stream Gauge on the Roanoke River in Connection
with the Spring Hollow Reservoir Project.
2. That the Clerk to the Board is hereby authorized
and directed where required by law to set forth upon any of said
items the separate vote tabulation for any such item pursuant to
this resolution.
On motion of Supervisor Kohinke to adopt', the
resolution, and carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
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NAYS:
None
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IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
SUQervisor Johnson: (1) He asked about VHDA financing
of the Peters Creek Apartments, and if a sixty day extension is
sufficient. Mr. Hodge advised affirmatively. (2) He asked
about the boundary adjustment for Vineyard Park. This will be
discussed in executive session. (3) He received a letter from a
citizen requesting a response to his problem in timely manner.
(4) He asked about the possibility of a City bus extension to
Hollins Manor. John Chambliss responded that they are trying to
extend CORTRAN service to that area but existing vans are at
capacity. Mr. Chambliss will bring back, a report. (5) He
congratulated the Parks and Recreation Department on their
newsletter for teenagers, and expressed pride at all County does
for that age group.
Supervisor Kohinke: He announced that his wife had
given birth to a daughter.
Supervisor Nickens: (1) He congratulated Mr. Hodge on
being President of VLGMA and asked that County pay his expenses
to the ICMA Conference. Mr. Hodge explained that staff has not
taken trips beyond the Mississippi River at County expense.
Supervisor Nickens asked that publicity be, sent on Mr. Hodge's
Presidency to the newspaper and Blue Ridge Region Business
Journal. (2) He publicly apologized to Terry Harrington,
Director of Planning & Zoning, for comments he made at the August
25, 1992 meeting.
Supervisor Eddv: He announced that he had attended
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Mayor Bowers' fourth summit meeting, and has summarized the
,meeting in a September 3 letter.
IN RE:
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CITIZENS' COMMENTS AND COMMUNICATIONS
h Dr. Allan Hoffman, President of the Roanoke River
Basin Association to speak on Issues Affectinq
Water Availability to Roanoke County.
Mr. Hoffman spoke in opposition to the attempt by
Virginia Beach to use the Roanoke River Watershed for their water
supply. He asked that Roanoke County join in the opposition.
Chairman Eddy directed that staff evaluate the request
for membership in the Roanoke River Basin Association.
IN RE:
REPORTS
Supervisor Johnson moved to receive the file the
following reports. The motion carried by a unanimous voice vote.
h General Fund Unappropriated Balance
h capital Fund Unappropriated Balance
~ Board continqency Fund
~ Accounts Paid - July 1992
~ Schedule of Community Meetinqs to be Held on the
Proposed Zoninq Maps.
IN RE:
WORK SESSIONS
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h Noise Ordinance
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Assistant County Attorney Joe Obenshain reported that
the proposed ordinance follows the outline of current ordinances
in the City of Roanoke and Town of Vinton. The ordinance was
discussed in the Public Safety Team as well as the Commonwealth
Attorney's Office and Police Department. Mr. Obenshain advised
that the ordinance deals with public noise nuisances. Their
primary concern was enforcement and the ordinance is written
generally in terms of levels of noise.
Police Chief John Cease advised that the number of
complaints will rise when the ordinance is adopted and expressed
concern about the possibility of the police officers settling
neighborhood disputes. However, he felt that the new ordinance
was reasonable and that most of the cases will not be settled in
court but will be settled on the street between the complaining
parties. Violations will be a Class 1 misdemeanor. In response
to an inquiry from Supervisor Kohinke, Mr. Obenshain stated that
the ordinance was developed primarily for more populated areas of
the County, but would apply county-wide.
Supervisor Johnson asked for the first reading of
ordinance to be on September 22, 1992, and second reading be held
on October 27, 1992 during the evening session to allow for
citizen comment.
h Alternative Discharqe Sewaqe Treatment Systems
Mr. Hodge reported that several studies have been
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conducted on these systems since 1988 when the Board first
considered using them. Staff is still concerned about
"leapfrog" development, the impact on the stream, and future
state Water Control Board standards. However, if the Board
decides to approve use of the system, staff would like stringent
controls and is requesting that they be limited to use by those
whose septic systems have failed.
Supervisor Nickens advised that he was only interested
in these systems for failed septic systems. There was no
interest expressed by any Board members for use of the
al ternati ve discharge sewage treatment system except as a last
resort when a septic system has already failed.
Planner Jon Hartley reported that some concerns from 1988
have been addressed by the Health Department regulations.
However, the County still may wish to add requirements such as
posting a bond to back up the monitoring guarantee. If the Board
wishes to allow these systems, changes would have to be made to
the new zoning ordinance.
Supervisor Johnson stated that the County should be
obligated to make sure that whatever is recommended does not
negatively impact surrounding residences, and that a bond should
be posted. Mr. Hartley advised that the Health Department has
condemned few houses, because of a failed septic system and most
of them were rental properties where the owner was unwilling to
install an alternative system. In response to a question from
Supervisor Eddy, Mr. Hartley advised that new systems will
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"require a maintenance contract. However, the homeowner is
responsible for ensuring that the monitoring is done.
There was general consensus by the Board members to
allow alternative discharge sewage disposal systems only for
failed septic systems. staff will bring back amendments to the
Zoning Ordinance after January 1, 1993 to allow for individual
sewage treatment systems for failed systems only.
IN RE: EXECUTIVE SESSION
At 5:35 p.m., Supervisor Johnson moved to go into
Executive Session pursuant to Section 2.1-344 A (3) to discuss
consideration of the acquisition of real property for public
purposes; and (7) consultation with legal counsel and briefings
by staff members pertaining to specific legal matters requiring
provision of legal advice by counsel, i.e. boundary adjustment at
Vineyard Park; (5) to discuss potential economic development
prospect. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS: None
IN RE: CERTIFICATION OF EXECUTIVE SESSION
R-9892-4
At 8: 30 p.m., Supervisor Minnix moved to return to
regular session and adopt the Certification Resolution. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
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NAYS:
None
RESOLUTION 9892-4 CERTIFYING EXECUTIVE MEETING WAS HELD
IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia has convened an executive meeting on this date pursuant
to an affirmative recorded vote and in accordance with the
provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia
requires a certification by the Board of Supervisors of Roanoke
County, Virginia, that such executive meeting was conducted in
conformity with Virginia law.
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NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, hereby certifies that,
to the best of each members knowledge:
1. Only pUblic business matters lawfully exempted from
open meeting requirements by Virginia law were discussed in the
executive meeting which this certification resolution applies,
and
2. Only such public business matters as were
identified in the motion convening the executive meeting were
heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor Minnix to adopt the resolution,
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and carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS:
None
IN RE:
ADJOURNMENT
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At 8:31 p.m., Supervisor Johnson'moved to adjourn.
motion was approved by a unanimous voice vote.
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Lee B. Eddy,
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