HomeMy WebLinkAboutMinutes - 19780620MINUTES
ORAYdGE COUNTX BOARD OF COMMISSIONERS
JUNE 20, 1978
The Orange County Board of Commissioners met in regular session
on Tuesday, June 20, 1978 at 7:30 p.m, in the Commissioners' room
of the Court House in Hillsborough, N. C.
Present were Chairman Richard Whitted, Commissioners Norman
Gustaveson, Jan Pinney, Norman Walker and Donald Willhoit.
Others present were S. M. Gattis, County Manager; Neal Evans,
County Finance Director; Joe Bradshaw, Administrative Assistant
and Agatha Johnson, Clerk to the Board.
The Chairman referred to Item 1 on the agenda: Does any member
of the Hoard desire to add additional items to the agenda?
The Chairman stated he had items of information to be given to
members of the Board.
An unidentified male stated he wished to address the Baard
regarding the proposed tax increase.
Ben Lloyd asked to be given an opportunity to address the
Board.
The Chairman referred to Item 3: A resolution requesting the
County Board of Elections to call a special election on the question,
sale of alcoholic beverages by the drink in certain establishments.
The Chairman stated that in 1977 the General Assembly passed a
Bill which allowed local units of government-with the A'BC System
to call for a local referendum regarding the sale of mixed beverages
in social establishments and restaurants. Chairman Whitted read to
the Berard a resolution, prepared by the County Attorney, requesting
the County Board of Elections to call a special election on the
question. He stated that the Board of Elections would set a
date for such an election.
Commissioner Pinney expressed his concern with asking residents
to vote on an issue before rules and regulations are clear. He
stated that people should have some knowledge of what they are voting
on.
The Chairman stated that rules would .be similar to those used in
the State of Virginia. The question that will appear on the ballet
is whether or not on-premises sale of mixed beverages will be allowed
that...the regulatiens will probably not change the opinion of how a
~roter might vote.
Commissioner Pinney replied that~he felt voters should have all
the information.
Commissioner Willhoit moved that the resolution requesting
the Orange County Board of Elections to call an election on the
question of whether the on'premises sale of mixed beverages should
be allowed in certain establishments. and that the Board of Electiuns
set a date for said election.
Commissioner Gustaveson seconded the motion.
The Chairman called for a vote on the motion. Voting aye were
Commissioners Gustaveson, Walker, Whitted and WXllhoxt. Voting
nay was Commissioner Pinney. The motion was declared passed.
For copy of Resolution, see page 639 of this book.
The Chairman asked that the meeting be moved to the Supezior
Courtroom to accomodate the crowd.
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Chairman asked that discussion of the GETA program be added
to the agenda.
Item 2: The Erosion Control officer will report Brenco, Inc.
in violation of the County Erosion Control Ordinance.
The Chairman recognized Ray Freeman, Erosion Control Officer.
Mr. Freeman stated that on April 11, 1978, the civil penalty
which had preva~aslYOneMayllp°lgdgonatletter`of1nonGcompliance.
Company was en_
with plans and specifications for new structure5This letterespelled
and mailed to Mr. Britt, ownda sffrom receipt•af the letter to
out a deadline of 5 working Y
bring the project into compliance. Since that time, Mrressinman
has made 10 visits to the site and the project was prog g
toward compliance until' May 25th. Since that time, the temporary
pond has been filled in and the dam is now below the parking lot.
There are no Erosion and Sediment controls an the site at this time.
Wayne Britt, grading contractor, stated that in his opinion
however,
the site has been in compliance on several occasicns;
the reasons it is natliact aslitscownostoragetfacilitysasewellelf,
after completion, wil
as catch basin for properties above the site. 'The work is being
conducted in a limited space and work is time consuming and
aggravating. He stated that sediment structures have been put
in about six different times, only to ~h~hsmallestlamounttoft
due to the slope and lay of the land,
water has no holding impact, but washes off. Mr. Britt asked
the Board tc keep these facts in mind in making their determination.
In reply to a question posed by Chairman Whitted, Mr- Britt
stated that the prOaWi~hhthebexce1tionmoflancoutffalla whererthe
the last six weeks, p
water actually runs off the site. His company is presently w°rking
on the out fall.
Mr. Freeman stated that the Erosion Control plsurfaceeatfar
a three foot high dam to be kept about the working
all times, and this has not been done.
Chairman ~dhitted stated to Mr. Britt that the Board was
interested in seeing that the site is brought into compliance as
soon as possible.
piscussian ensued regarding the previous action the Board
had taken regarding the Brenco violation.
Upon motion of Commissioner Willhoit, seconded by Commissioner
Gustavesan, it was moved and adapted to table the discussion of
Brenco, Inc. in violation of themEro~henE~psionlControlnOfficerl
Monday, June 26, 1978 at 7:30 p.
was asked to present a status zeport of the Brenco project at
that time.
Item 4: The Manager recommends the Board approve execution
of a contract with the Farmers Home pdmi~istration, Cedar Grove
Fire Department and Trustees of the Cedar Grove Fire District
concerning levy of certain special fire taxes.
The County Manager informed the Board that the contract
presented was a standard formroved by the CountysAttorneyministration
and the document has been app Y
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Upon motion of Commissioner Gustaveson, seconded by
Commissioner Walker, it was moved and adopted to approve the
contract with the Farmers Home Administration, Cedar Grove Fire
Department and Trustees of the Cedar Grove Fire District concerning
levy of certain special fire taxes.
For copy of said contract, see page 641 of this book,
Item 6: General Budget Discussion
A. Trustees of the Hyconeechee Regional Library
The Chairman recognized Lloyd Osterman, Director of the
Hyconeechee Regional Library and Head °f the Orange County Library.
Mr. Osterman stated that he and Trustees of the Library were present
to make a plea to the Board for additional funds over what appears
in the maintenance budget. The amount allocated to the library last
year was $52,p00. This year's proposed budget shows an increase
of $3,000 for a total of $55,000. The proposed budget will not
provide money needed for the purchase of books, supplies or for
maintenance of vehicles. Mr. Osterman stated the County Library.
would need an increase of $8,000 in order to maintain the present
level of services. The use of the County Library has increased
21~ over last year.
Ms. Katherine Seelye, a Library Trustee, reiterated points
which Mr. Osterman had painted out.
Mr. Osterman requested that the Board review the proposed
library budget for the coming year.
Item 5: The Board of Health has approved a system of fees
for septic tank and well work. Commissioner Willhoit and Jerry
Robinson will review the proposal.
The Chairman recognized Dr. William Mayes, Chairman of the
Board of Health.
Dr. Mayes reminded the Board of the February 23, 1978 meeting
at which time the Board of Commissioners expressed hesitance
regarding the charge of fees other than for soil and well work,
The Commissioners further had asked that the other health depart-
ments be surveyed to see what they are doing regarding €ees.
From the information gathered, the Board of Health recommends that
fees be established for soil (septic installations) work and.foX
well work, if and when regulations are adopted regarding wells.
Also, the Berard of Health decided on the principle of full cost
recapture to a present calculation maximum of $69,93 for one
lot for the three services involved in septic installation.
Regarding well work, the same three service breakdown should be
established at the same cost, The Board of Health has discussed
the possibility of combining soil and well visits by the sanitarians.
xf this can be accomplished, the owner will be given a cost break.
4
The recommendation of the Health $oard is that the maximum
cost for a septic installation and well would total a maximum of
$129.86 for a lot.
Dr. Mayes stated that the Board of Health would support staff
only if funds accrued are used to develop more and better health
services to the County. He added that a majority vote of the Board
would change this recommendation i,f these fees are simply used as
a devise to keep costs and services at the same level.
Conunissioner Walker expressed his dissatisfaction with the
recommendation of the Health Board that fees be used to expand
services. Mr. Walker stated he was against charging fees of any
kind,and that.he could see a never ending process of fee charging
with this recommendation.
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~. Whitted reminded the Board that this is a recommendation
of the Health Board andac~e nothe recommendationrs should have
a later opportunity to
taxpayers
Dr, Mayes stated that with the use of fee monies,
would pay less fOr.health services and that the fee money could
be used as seed monies to draw down FederTQ ramst~o me~tathedneeds
that the Board and specifically inxnartherngOrange County.
of the County,
Commissioner Pinney stated he was not happy with the
statement of the kiealt~heogpardhwouldnchangeltheersrecommendationrned
to the Health Agency,
regarding fees.
.7erry Robinson stated that the cost invoar~ment workeremightdule
was developed by looking at what a Health Dep
be doing during the day and the services provided. The fees axe
recommended in concert with State statutes and will result in re-
capturing the cost for services rendered.
Mr. Robinson reviewed the fees proposed far land development
services.
Preliminary Lot Evaluation -- First acre cost per job per
day would be $9.75- Analysis of second acre on per job
order on same day would be $3.25 per acre.
Bail Analysis on each lot at a cost of $25.97
Tnspectian for zmpravement Permits $19-4g
Inspection for Certificate of Completion $19.48
Every lot would cost a minimum of $64.93
The Chairman then opened the meeting for public comments.
Mike Woods spoke against the charging of fees for land
development services.
Mr. Whitfield from Chapel Hill stated he ftraciehe x~estat~a a
discrimination against persons in the building
the fees were toher1or not thetsoillwould takela septic tank. .
guess as to whet stem is implemented admire"
He stated that when a fee collection sy
istrative cast will increase. He suggested that..if additional
personnel is needed lnrsonnelaand foPge~about1chargingofees.
should provide that pe
Mr. Whitfield statedoth~tregis~ereduengineeraorearchitecttto im
their desire to emp y
inspect and approve septic tanks and lots to prevent the delays
being encountered. This would be at na expense to the County.
Bill Dorsett stated he opposed a fee schedule of any tYPe.
in the Health Department.
Raymond Montgomery, Chairman of the Orange County Republican
said the proposed fees were. another f6rm of taxation. He
Party, ra osed budget should be trimmed and taxes
added that he felt the p P
not increased.
xyr, Goforth, a local developer, stated that the lack of
personnel in the Health Aepar.tmebnusinesspst him more than $65.00
in his (proposed fees) building
t~
Commissioner Willhoit stated that additional sanitari.ans
were added to the Health Department's staff last February due to the
increased environmental health services. That .fees are a cost of
development and that the cost should be put up front. He stated
that to provide the services to the public which the Health
Department is now providing will mean an increase in the tax rate
if the fee schedule is not implemented. The Health Board is
also considering the possibility of adding fees for other health
services.
Josephine Barbour spoke against the setting of fees in the
Health Department.
Gerry Cohen, a Chapel Hill Alderman, stated that because of
the way in which the County tax structure is set up, many new
residents in the County do not pay taxes for the first two
years before their homes come up for taxation. He added that he
felt it only fair that people pay for septic tank inspections
and building permits. This way, new home owners do pay some
of the cost of county government.
Mr. Whitfield asked the Board to consider two questions:
1) Why can't a private builder in the County hire his own engineer
or architect to perform soil analysis and septic inspections and
2) Why does the Board want to tack more administrative cost on
the taxpayers by the changing of fees?
Jerry Robinson stated that a sanitarian acts as an agent
for the State of North Carolina and that he does not know whether
or not there is a provision in the State law that would alloev for
a private engineer to perform these tasks. The County of Orange
does not control the method in which the law performs. He
suggested that the County Attorney research this suggestion further.
Other unidentified persons spoke against the fee collection
system.
Chairman.Whitted stated that the Board would continue discussion
of the proposed fee schedule and would reach some resolution re-
garding the matter very soon. The Chairman then asked the. Health
Chairman to discuss Item C under Budget Discussion.
Dr. Mayes informed the Board of new health programs efforts
from the State which needed response,
On June 9th, the Division of Health Services asked the
Health Board to provide public health services to Orange County
migrant workers_ The State will pay for all primary care and
hospitalization.. The Department is asked to provide nursing time
and local staff support costs to locate, screen, refer and follow-up.
It is estimated that one nurse will be needed for two months.
On June 9th, Health Services asked the Department to follow-up
on all home delivered infants in the Cbunty in an effort to reduce
infant mortality and morbidity. Over one year's time, it is esti-
mated 2 months nursing time will be needed.
Health Services on June 13 asked the Health Department to be
the lead agency far all Supplemental Security rncome disabled
children supported by the Social Security program in the County.
On a yearly basis, it is estimated 3 months nursing time will be
needed. -
Dr. Mayes pointed out that these were county problems and
should be dealt with by the County Health Department_
The Health Director read to the Board a statement comparing the
present County Health Services with those services provided by
District Health. Mr. Robinson stated that the Health Department
was proud of what has been accomplished in a few short months and
asked that the County establish priorities and fund accordingly.
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Commissicner Walker stated he disputed the statements that
Mr. Robinson had made. He said that figures were incorrect and
unfounded.
Commissioner Gustaveson expressed his appreciation to the
Health Director for the statement which showed an active Health Hoard
and staff.
The Chairman referred to Item 6-B on the agenda: Joint
Orange Chatham Community Action. He recognized Gloria Williams
and Joe Hackney Chairman of the JOCCA Board.
Gloria Williams stated that the proposed allocation of
$15,000 to JOCGA is inadequate. J'OCCA had requested $25,000.
She stated that mandated basic cost of minimum wages had increased
and that insurance and utilities cost and transportation cost had
increased and that staff people who have been in training and
who have now conformed need to be added tv the administrative
staff. Also, salaries in the JOCCA agency are very low and need
to be brought up to standards. Ms. Williams asked the Board to
consider basic capital improvement funds to renovate the Chapel
Hill Multi-purpose Center and the Efland-Cheeks Multi-purpose
Center. She asked that $45,000 be set aside to support renovation
of these centers.
Joe Hackney stated that the basic Community Services
Administrative Grant has not increased over the last eight years,
and JOCCA has had to absorb all inflationary cost through local
funding and community resources. He asked the Board to consider
increasing the appropriation to this agency in order that services
might be continued in this area.
The Chairman then opened the meeting far public input regarding
the proposed budget and the proposed tax increase.
Those persons speaking against the proposed budget and the
proposed tax increase were: William Turner, Ben Lloyd;"Don Bradshaw,
W. T. Hobbs, Ray Montgomery, Richard Smit, Scot Gardner, Red
Brown, Dr. Parker, Sim Efland and Dallas Long.
The final item discussed by the $oard was that of the CETA
Program. Mr. Whitted recognized the Personnel Director from the
Town of Chapel Hill, Charlotte Pettiford. Ms. Pettiford asked the
Board for a short--term funding of the Ridgefield Community Worker,
which is a project CETA position with funding to end in July. She
asked the Board to consider the Chapel Hill has allocated for
5 substainment positions and one of these positions is vacant.
She requested the vacant position be funded as of the end of
July with the Ridgefield Community worker until the beginning of
the new school year. If this is not possible, Ms. Pettiford
asked that the Board consider using monies which accumulate as
workers terminate early to fund the position.
The County Manager stated that monies will be freed up and
carried over if not used.
Discussion ensued. Ms. Pettiford stated that approximately
$921,would be needed to fund the position until school starts
and if the entire amount is not available, she feels the Town of
Chapel Hill will pick up the remaining balance.
Upon motion of Commissioner Pinney, seconded by Commissioner
Gustaveson, it was moved and adopted to accept the Manager's
recommendation to request the Town of Carrbar_o to accept financial
responsibility for 5 of the 11 CETA slots presently working for the
Town, ask Hillsborough to accept financial responsibility for
5 of the 11 CETA slots presently working with the Town, ask
Chapel Hill to accept financial responsibility for ZO of the 14
CETA slots in the Town, Orange County will accept financial
responsibility for 5 of the 21 slots presently working, the
10 slots presently functioning in non-governmental agencies
will be continued until the conclusion date of their existing
projects or until September 30th. 2t is further recommended that
$40,000 be reserved in contingency to fund positions that may
be discontinued because of changed federal regulations on
October 1, 1978 and to giant the request of the Town of Chapel
Hill to continue the slot for the Ridgefield Community project.
There being no further business to come before the Board,
the meetzng was adjourned.
Richard [+ihitted, Chairman
Agatha Johnson, Clerk
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RE50LUTION
•LEMhN, TlERNHOL:
h DICKERSON
:~"fJAtiEYS AT IAW
:lInPE4 HILL. Iti.C.
LLSI3JROL7GFi, N.C
A meeting of the Board of Commissioners for Orange
i
:ounty, North Carolina, was held at Hillsborough, North Carolina,
re ular place of meeting at 7:30 o'clock p.m-, an June 20,
.he g
L978.
Present: Commissioners Jan Pinney, Norman Oustaveson, i
Norman Yr]alker, Richard Whittedr and Donalr? Cdillhoit. I
Absent: None
******~r*******,r***a****************~****~r**~r**~r~x~r*****,r**~*****~r*sr
WHEREAS the Berard of County Commissioners of Orange ~
County, by this resolution, desire to call an election on the
question of whether the on-premises sale of mixed beverages should)
I.
be allowed in social establishments and restaurants. i
IT I5 HEREBY RESOLVED THAT:
The Orange County Board of County Commissioners request
that the Orange Gounty Board of Elections call an election on
i
the question of whether the on-premises sale of mixed beverages i
should be allowed in social establishments and restaurants. ~
This resolution is effective upon its passage.
Thereupon, Commissioner Donald t7illhoit moved
the passage of the foregoing resolution and Commissioner Norman
seconded the motion, and the resolution was passe
r„~~~vccnn
by the following votes:
Ayes: Commissioners Austaves
r.,_ , , ~..,. }
Noes: Commissioner•Pinney.
**********,r******,x*******~**z*,x*****~r*********************~*******
I, Agatha R. Johnson, Clerk of the Board of Commissioner
far Orange County, North Carolina, DO HEREBX CERTIFX that the
foregoing is a true copy of the proceedings of said Board of
Commissioners at a meeting held on June 20; 1978, so far as the
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same relate to the request for an election on the question of
whether the on--premises sale of mixed beverages should be 'allowed
in social establishments and restaurants, as such proceedings
are recorded in the Minute Book of the said Board.
WITNk;SS my hand and official seal of the said Board,
this the _ 21st day of June 198.
~..
Aga a R. Johns Clerk of the
~ Board of Commissioners for Orange
11 ~~ County, North Carolina
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~I !_\InN, PERNFIC]LZ i
d~ ^IClCERSON I
.'Pf]xNGYS AT LAW
:f1A PEL Iil4l. N.C.
LL56OAOlJGH, N.C.
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NORTH CAROLINA CONTF.4CT ANA AGREEMENT
Oran a COUNTY
THIS CGNTRAGT At:D AGREE~+-~T. made and entered into this the
1978 , by and bets+een the GOUN'IY OF
day of ~ ~-' ~ -
~L3Y2~~ , party of the first part, also referred to as
County and the Cedar Grove Fire De artrtent znc. •
partyof the sccand pert, nlso re£errcd to a9 Fire Depeztmcnt;
W ITN gS S FsTFI:
THAT WH~bP~S, N.C.G.S. 69-25.5 provides that counties may provide
far fire protection in a fire district by contracting with any incar-
porated nonprofit volunteer or community fire department; and
WHg~, the new IJ.C.G.S. 159..13 (a~ (B~, which became effective
.3uly 1,1973, provides that the budget ardinence "mey be in e.~y ferm
County deems
that the Hoard ~o£ Gotnmieaionars •of Qrarige _ -
most efficient in enabling it to make tha fiscal pal icy decisions ems
bodied therein, but it shall ba so prgeniaed Chet the accounting eys-
tam will show appropriations end revenues by line items within at least
the following funds: - (B) n fund for each special district whose
n tha co~a'-ty of nrancrp _; and
taxes are collected by --
W~-]ER&4$, the party of the second part is d natsprofit corporation
organized for fire protection purpoaee; and
WHa'~EAS, it serves a apecinl tax dietric'e created by a vote o£ the
people; sad
_2-
WHER~i, it is dea3.rous to make application to the TJnited States
of America, acting though the Farmers Home Administration, United
States Department of Agriculture, hereinafter zeferred to as the Farm-
ers Home Administration for a loan in the amount of $,250,000.00,
and
WH$25AS, the County of Orange ~ levys and collects
the taxes and is responsible £or appropriating sei.d funds far the use
and_bene£it of the citizens in the fire protection district; end
WHFRSAS, the County desires to grant n long-term contract to en-
able party of the aecassd part 3~ make long-range plane; and
WHF1t5AS, the County deazres to standardize elI its arrangements
with Fire Departments in the County;
NpW, THERbFORS, in consideration of the premises and the consider-
ation af. TF~N DOLLAPS to sash the other in bend paid, the parties here-
to contract and agree as fellows:
1. The party of the first part eantrects and agrees Chet it will
cause to ba assessed or levied n rpecial tax of up 'Co 0.].S
per one hundred dollar valuation of all real sad personal property isi
the Ceda7C Grove Eire Protection District
unless otherwise limited by law end/ar a vote of the people; and will
collect said tax ae a part of the ed velorem~taxes of the County a£
oxangr: ; provided haraver, beginning with the fiacdl year
1978 the amount laviad annually eh all be based on the needs
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projected in the budget estimate submitted by the Firc Department
to the County and apPr~ed by the County Commissicners. /
2, That a special ar separate fund shell be maintained by the
Cour,ty,far Funds collected as a result of said special tax.
$, That current taxes, as they arc collected by the county,
shall be paid to the Treasurer of the Cedar Grove Fire Departt-~-t~ Inc.
as follows:
e c ve to be arran ed b the Treasurer of
__..~ .~~.,; ~o
artment and the County manager; ~
at the Fire Dap
that delinquent taxes shell be remitted quartarly_
~}~ The party of the second part shell provide the necessary
equipment end personnel for furnishing adequate fire protection as
determined lay the North Carolina Department of Insurance, Fire and
Rescue Service Division, far all property located within the
Ce rove Fire Protection District, and it will furnish said
fire protection free of charge to all persons and individuals located
in said District in an efficient and warkmenli.ke manner.
5. That all Funds paid to the party of the aecand pert by the
party of the first part shell be need exclusively to provide fine
protection within said Cedar Grove Fire Protection District ~
and to pay ether legitimate fire protection expeneea including principal
and interest on the afazemcntianed loan made by the Farmers Home Admin-
istratian.
6. It ie agreed that the party of the first part may inspect ell
beaks end accounts far the party of the second pert at any time that
it shall d~sira; it is further agreed that the Pirc Department will
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present to the County Ccmmiaaioners an annual audit by a C.P.A. which.
audit shell be i.n conformity with existing audit policies of the Coun-
ty.
7. The party of tha second part agrees to comply with County bud-
geting procedures end other procedures pzovided for by State Law and
agrees to submit budget estimates to the Baerd of Ccsemiagioneraon
the stcnderd forma uaad by county depertenenta; the party of the sec-
ond paxt also egress to use standard line items far accounting de-
vised or consented to by the County Accountant from time to time.
9
9. This contract shall axpire
,,,.._. ,
~`-^-W 30 years from the date of the FmTiA Loan closing,
9. The peaty of the second part further agrees to fi3;e with the
County Auditox a truce dopy of the Articles of Incorporation, existing
Bylaws and a.~ly changes made thereto from time to time; further, the
petty of the second part agrees to adopt byleva which meet all minimum
legal requirements and which bylaws, in addition thereto, have reaaan-
able provisions enabling citixene of the community to participate in
the affairs of the eorparetioa at at least as annual ineating sad vest-
ing in a Board of Directors the authority to managa the affairs of the
corporation without a vote of the membership to the extent persaitted by
N.C.G.S. S5A, the North Carolina Nonprofit Corporation Ac:.
E. ~_ _~
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IN TkSTINX]NY WriERr'7CF, the party of the first part has caused
this instrument to be executed by the Chairman of the Hoard of
County Commissioners and nttested by the Clerk of the County Board
of Commissioners, and the~pnr~y of the second pert has caused this
instrument to be signed in its name by its president, attested by
its Secretary, and its corporntc seal hereto affixed, ell by order
of its Hoard of 17irectozs duly given.
Orange COUNTY BOARD pP CONihdISSIONQ3.a
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Sy. (Chairman)
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pTTh"ST: ~~~
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(Clerk)
(Name of Fire Department) "
Hy. ~~ ~- (President)
A1T~ST:
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(Secretary)
(Acknowledgments)
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