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Board of Commissioners

Regular Meeting

Bowling Green, KY · December 1, 2015

AgendaMinutes

Minutes

MINUTES of REGULAR MEETING of the BOARD of COMMISSIONERS of the CITY of BOWLING GREEN, KENTUCKY held DECEMBER 1, 2015 The Board of Commissioners of the City of Bowling Green, Kentucky met in regular session in the Commission Chamber of City Hall, Bowling Green, Kentucky at 4:30 p.m. on December 1, 2015. Mayor Bruce Wilkerson called the meeting to order. An invocation was given by Don Langley, and all present recited the Pledge of Allegiance. Assistant City Manager/City Clerk Katie Schaller-Ward called the roll, and the following members were present: Commissioner Joe W. Denning, Commissioner Melinda M. Hill, Commissioner Sue Parrigin, Commissioner Rick Williams and Mayor Bruce Wilkerson. Absent: none. There was a full quorum of the Board of Commissioners. AWARDS & RECOGNITIONS Mayor Wilkerson announced the Downtown Lighting Ceremony at Fountain Square Park would be held on Friday, December 4th and the Christmas Parade would take place Saturday, December 5th. Also announced at the end of the meeting was the annual Christmas Holiday Open House at City Hall to be held on Friday, December 11th. Commissioner Williams commented about all the sporting activities also taking place in Bowling Green Thursday-Sunday, including the Conference USA College Football Championship Game, WKU Lady Toppers Basketball game, and all the High School State Championship games with both the Bowling Green Purples (Class 5A) and South Warren Spartans (Class 4A) football teams participating. CITY MANAGER Since City Manager Kevin D. DeFebbo did not have any comments at this time, he invited Police Chief Doug Hawkins to come forward. Chief Hawkins detailed a new partnership between the Bowling Green Police Department and the Quilters of State Street United Methodist Church, whereby quilts are being provided for Police Officers to hand out to children they encounter whose circumstances cause them to be in contact. Chief Hawkins held up an example of a quilt provided for a preschool age child and he expressed appreciation for the partnership. Mayor Wilkerson also conveyed gratitude on behalf of the Board of Commissioners. APPROVAL OF MINUTES Minutes of Regular Meeting November 17, 2015 Minutes of the above-referenced meeting were distributed to the Board of Commissioners with the Agenda for their review. Motion was made by Hill and seconded by Denning to approve said minutes as written. Mayor Wilkerson asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hill, Parrigin, Williams and Wilkerson Voting Nay: None Motion to approve the minutes of the regular meeting of November 17, 2015 was approved by unanimous vote. *Note: Minutes are a summary of the discussions; a video recording of this entire meeting is maintained by the Office of City Clerk. (Minutes-Board of Commissioners-December 1, 2015) PUBLIC COMMENTS Jon Crosby, Field Representative for U.S. Senator Rand Paul, provided a reminder of the services available to area residents through Sen. Paul’s Bowling Green office. REGULAR AGENDA ORDINANCE NO. BG2015 – 42 (Second Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING TWO TRACTS OF LAND CONTAINING 0.48 ACRE FROM RM-2 (TWO-FAMILY RESIDENTIAL) TO RM-4 (MULTI-FAMILY RESIDENTIAL) LOCATED AT 1115 AND 1119 GREENWOOD ALLEY, PRESENTLY OWNED BY WALTER AND DEBBIE YORK, WITH ZACHERY WILLIAMS AS CONTRACT VENDEE Title and summary of Ordinance No. BG2015 - 42 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Denning for second reading of said Ordinance. Mayor Wilkerson asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hill, Parrigin, Williams and Wilkerson Voting Nay: None Ordinance No. BG2015 - 42 was adopted by unanimous vote. ORDINANCE NO. BG2015 – 43 (Second Reading) ORDINANCE PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS AN ORDINANCE OF THE CITY OF BOWLING GREEN, KENTUCKY AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2016A AND TAXABLE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2016B IN AGGREGATE MAXIMUM PRINCIPAL AMOUNTS OF $13,610,000 AND $4,345,000, RESPECTIVELY, FOR THE PURPOSE OF REFUNDING IN ADVANCE OF MATURITY THE OUTSTANDING CITY OF BOWLING GREEN, KENTUCKY GENERAL OBLIGATION PUBLIC PROJECT BONDS, SERIES 2007B MATURING ON OR AFTER SEPTEMBER 1, 2017 AND THE CITY OF BOWLING GREEN, KENTUCKY TAXABLE GENERAL OBLIGATION PUBLIC PROJECT BONDS, SERIES 2007C MATURING ON OR AFTER SEPTEMBER 1, 2017, THE PROCEEDS OF WHICH IN TURN FINANCED THE COSTS OF THE ACQUISITION OF A LEASEHOLD ESTATE IN THE REAL PROPERTIES AND IMPROVEMENTS CONSTITUTING THE TRANSPARK; AUTHORIZING A FIRST SUPPLEMENTAL 2 (Minutes-Board of Commissioners-December 1, 2015) CONTRACT, LEASE & OPTION WITH THE INTER-MODAL TRANSPORTATION AUTHORITY, INC. AND THE COUNTY OF WARREN, KENTUCKY WITH RESPECT TO THE TRANSPARK PROJECT; APPROVING FORMS OF BONDS; AUTHORIZING DESIGNATED OFFICERS TO EXECUTE AND DELIVER THE BONDS; AUTHORIZING AND DIRECTING THE FILING OF NOTICE WITH THE STATE LOCAL DEBT OFFICER; PROVIDING FOR THE PAYMENT AND SECURITY OF THE BONDS; CREATING BOND PAYMENT FUNDS AND ESCROW FUNDS; AUTHORIZING ACCEPTANCE OF THE BIDS OF THE BOND PURCHASERS FOR THE PURCHASE OF THE BONDS FOLLOWING THE ADVERTISED SALE OF THE BONDS; AND REPEALING INCONSISTENT ORDINANCES Title and summary of Ordinance No. BG2015 - 43 was read by the Assistant City Manager/City Clerk. Motion was made by Denning and seconded by Parrigin for second reading of said Ordinance. Mayor Wilkerson reiterated the refinancing provided a savings to taxpayers and did not extend the term of the bonds or add any new debt. He asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hill, Parrigin, Williams and Wilkerson Voting Nay: None Ordinance No. BG2015 - 43 was adopted by unanimous vote. MUNICIPAL ORDER NO. 2015 – 209 MUNICIPAL ORDER APPROVING THE PROMOTION OF HOLLY M. VINCENT TO THE POSITION OF SPECIAL POPULATIONS COORDINATOR IN THE PARKS AND RECREATION DEPARTMENT Summary of Municipal Order No. 2015 - 209 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Williams for consideration of said Municipal Order. DeFebbo commented about the Special Populations Program. Parks and Recreation Director Brent Belcher reviewed the qualifications for the recommended promotion. With no other discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hill, Parrigin, Williams and Wilkerson Voting Nay: None Municipal Order No. 2015 - 209 was approved by unanimous vote. MUNICIPAL ORDER NO. 2015 – 210 MUNICIPAL ORDER APPROVING THE PROBATIONARY APPOINTMENT OF CANDICE F. MURRAY TO THE POSITION OF OFFICE ASSOCIATE IN THE NEIGHBORHOOD AND COMMUNITY SERVICES DEPARTMENT 3 (Minutes-Board of Commissioners-December 1, 2015) Summary of Municipal Order No. 2015 - 210 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Parrigin for consideration of said Municipal Order. DeFebbo reviewed the open position and recommended the appointment. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hill, Parrigin, Williams and Wilkerson Voting Nay: None Municipal Order No. 2015 - 210 was approved by unanimous vote. MUNICIPAL ORDER NO. 2015 – 211 MUNICIPAL ORDER AUTHORIZING THE PURCHASE OF TITLEIST GOLF PRODUCTS FOR CROSSWINDS, PAUL WALKER AND RIVERVIEW GOLF COURSES THROUGH NONCOMPETITIVE NEGOTIATIONS WITH TITLEIST OF CHICAGO, ILLINOIS IN AN AMOUNT NOT TO EXCEED $60,000 Summary of Municipal Order No. 2015 - 211 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Williams for consideration of said Municipal Order. DeFebbo recommended approval for the purchase of resale items for the Pro Shops through noncompetitive negotiations. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hill, Parrigin, Williams and Wilkerson Voting Nay: None Municipal Order No. 2015 - 211 was approved by unanimous vote. MUNICIPAL ORDER NO. 2015 – 212 MUNICIPAL ORDER AUTHORIZING AND ACCEPTING BID #2016-22 FOR THE PURCHASE OF TWO THREE QUARTER TON TRUCKS FOR THE FIRE DEPARTMENT FROM GILLIE HYDE AUTO GROUP OF GLASGOW, KENTUCKY IN THE TOTAL AMOUNT OF $55,806 Summary of Municipal Order No. 2015 - 212 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Denning for consideration of said Municipal Order. DeFebbo reviewed and recommended the bid award. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hill, Parrigin, Williams and Wilkerson Voting Nay: None Municipal Order No. 2015 - 212 was approved by unanimous vote. ORDINANCE NO. BG2015 – 44 (First Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING A PORTION OF A TRACT OF LAND CONTAINING 31.00 ACRES FROM AG (AGRICULTURE) TO HI 4 (Minutes-Board of Commissioners-December 1, 2015) (HEAVY INDUSTRIAL) LOCATED AT THE END OF JOHN D. JONES ROAD, PRESENTLY OWNED BY WESTEN APARTMENTS, LLC WITH KOBE ALUMINUM AUTOMOTIVE PRODUCTS, LLC AS CONTRACT VENDEE Title and summary of Ordinance No. BG2015 - 44 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Parrigin for first reading of said Ordinance. Mayor Wilkerson asked for discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hill, Parrigin, Williams and Wilkerson Voting Nay: None First reading of Ordinance No. BG2015 - 44 was approved by unanimous vote. ORDINANCE NO. BG2015 – 45 (First Reading) ORDINANCE REZONING REAL ESTATE ORDINANCE REZONING A TRACT OF LAND CONTAINING 11.60 ACRES FROM AG (AGRICULTURE) TO LI (LIGHT INDUSTRIAL) LOCATED AT THE CORNER OF OLD TRAM ROAD AND RUSSELLVILLE ROAD, PRESENTLY OWNED BY SUVAD AND HABIBA HRUSTANOVIC Title and summary of Ordinance No. BG2015 - 45 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Williams for first reading of said Ordinance. Mayor Wilkerson explained the procedures regarding consideration of a rezoning recommendation and asked City-County Planning Commission Executive Director Steve Hunter to present the findings for this specific case. Mr. Hunter noted the review for this zone change fell under both the Walnut Valley Focal Point Plan and Comprehensive Plan 2030, and he provided a summary of the binding elements. He indicated this rezoning was unanimously recommended for approval by the eight members of the Planning Commission present at the public hearing. Mr. Hunter responded to questions from the Board regarding the proposed land use, anticipated location of egress, involvement by the State and City for review of a detailed development plan, and existing businesses in the area. He also clarified there would be another public hearing by the Planning Commission following the submission of the Detailed Development Plan (DDP) by the developer. Before opening the floor for public participation in the discussion, Mayor Wilkerson reiterated that anyone who wished to address this rezoning recommendation would be restricted to asking questions to clarify the record of the Planning Commission’s public hearing. He further asserted no new testimony could be presented at this meeting. Bob Talley, Mr. and Mrs. Alan Bloss, Jesse Thompson, Carlos Taylor and Paul Ford where each given an opportunity to inquire about the recommendation. Mr. Hunter responded to their questions and noted he could not answer specific questions about the development plan since that was not under review or required at this time. He reemphasized that at this stage of the process, the Planning Commission simply looked at the proposed intended use of the property to determine if a zone change was in compliance with the Walnut Valley Focal Point Plan and Comprehensive Plan 2030. Mr. Hunter explained a DDP public hearing would be the next phase in the process for public input. At the request of the Board of Commissioners, Mr. 5 (Minutes-Board of Commissioners-December 1, 2015) Hunter agreed to take extra steps to notify the adjacent neighborhood of the date and time for consideration of the DDP once scheduled. Attorney Chris Davenport, representing the zoning applicant, also addressed the facts on record and the requirements of Binding Element No. 13 regarding the need for improvements to Old Tram Road if determined to be used as an access point for the development. Following the discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hill, Parrigin, Williams and Wilkerson Voting Nay: None First reading of Ordinance No. BG2015 - 45 was approved by unanimous vote. MUNICIPAL ORDER NO. 2015 – 213 MUNICIPAL ORDER AUTHORIZING A CONTRIBUTION FROM THE CITY’S GENERAL FUND IN THE AMOUNT OF $400,000 TO THE BOWLING GREEN POLICE AND FIREFIGHTERS RETIREMENT FUND FOR FISCAL YEAR 2016 Summary of Municipal Order No. 2015 - 213 was read by the Assistant City Manager/City Clerk. Motion was made by Denning and seconded by Hill for consideration of said Municipal Order. Chief Financial Officer Jeff Meisel reviewed the annual contribution which helped keep the fund solvent and was included in the City’s adopted budget. Mayor Wilkerson mentioned a policy was being developed at the request of the auditors to deal with future funding needs. With no other discussion, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hill, Parrigin, Williams and Wilkerson Voting Nay: None Municipal Order No. 2015 - 213 was approved by unanimous vote. MUNICIPAL ORDER NO. 2015 – 214 MUNICIPAL ORDER ACCEPTING THE CITY OF BOWLING GREEN, KENTUCKY COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE PERIOD ENDED JUNE 30, 2015 AS PREPARED BY THE DEPARTMENT OF FINANCE AND AUDITED BY MOUNTJOY CHILTON MEDLEY, LLP Summary of Municipal Order No. 2015 - 214 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Parrigin for consideration of said Municipal Order. DeFebbo commented about the functions of the Internal Auditor and primary role of the Bowling Green Audit Committee to examine the City’s external audit and recommend its approval. Internal Auditor Deborah Jenkins commented about the work of the Committee and introduced Audit Committee Chair Scott Gary to provide a report. Mr. Gary confirmed the Committee met with the external auditors on November 30th and received a clean opinion. He remarked the City exceeded its revenue budget and came in under budget on expenditures for FY2015. He congratulated staff for their success with being fiscally responsible. Mr. Gary also pointed out a new requirement was implemented with this audit to report the City’s pension fund liability on the balance sheet. Chief 6 (Minutes-Board of Commissioners-December 1, 2015) Financial Officer Jeff Meisel confirmed the new Government Accounting Standards Board (GASB) reporting requirement and affirmed the City has always made its mandated requirement contributions. Mayor Wilkerson commented about having an extra set of eyes on the City’s finances. Commissioner Denning thanked the Committee volunteers and expressed his appreciation for having staff that stay on top of the City’s finances. Once the discussion ended, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hill, Parrigin, Williams and Wilkerson Voting Nay: None Municipal Order No. 2015 - 214 was approved by unanimous vote. MUNICIPAL ORDER NO. 2015 – 215 MUNICIPAL ORDER AUTHORIZING THE HOUSING AUTHORITY OF BOWLING GREEN TO RETAIN THE CITY’S PORTION OF THE PAYMENT IN LIEU OF TAXES (PILOT) FOR THE 2015 TAX YEAR IN THE TOTAL AMOUNT OF $19,585.83 Summary of Municipal Order No. 2015 - 215 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Parrigin for consideration of said Municipal Order. DeFebbo reviewed the annual rebate provided for the Housing Authority’s afterschool program. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hill, Parrigin, Williams and Wilkerson Voting Nay: None Municipal Order No. 2015 - 215 was approved by unanimous vote. ORDINANCE NO. BG2015 – 46 (First Reading) ORDINANCE AMENDING CODE OF ORDINANCES ORDINANCE AMENDING CHAPTER 2 (ADMINISTRATION), SUBCHAPTER 2-10 (DEPARTMENT OF PUBLIC WORKS) OF THE CITY OF BOWLING GREEN CODE OF ORDINANCES TO MAKE ADMINISTRATIVE REVISIONS Title and summary of Ordinance No. BG2015 - 46 was read by the Assistant City Manager/City Clerk. Motion was made by Hill and seconded by Williams for first reading of said Ordinance. DeFebbo recommended approval of the housekeeping item to formally recognize the Environmental Compliance Division in the organizational structure which coincides with changes made in the Public Works Department as part of the FY2015 adopted budget. Mayor Wilkerson asked for additional discussion, and with none, a roll call vote was taken. ROLL CALL: Voting Yea: Denning, Hill, Parrigin, Williams and Wilkerson Voting Nay: None First reading of Ordinance No. BG2015 - 46 was approved by unanimous vote. ADJOURNMENT There being no further business to come before the Board of Commissioners, at approximately 6:05 p.m., Mayor Wilkerson declared this meeting adjourned. 7 (Minutes-Board of Commissioners-December 1, 2015) ADOPTED: ______________________________________________ APPROVED: ______________________________________________ Mayor, Chairman of Board of Commissioners ATTEST: ______________________________________________ City Clerk Minutes prepared by Assistant City Manager/City Clerk Katie Schaller-Ward 8

Agenda

AGENDA BOARD OF COMMISSIONERS CITY OF BOWLING GREEN, KENTUCKY REGULAR MEETING - CITY HALL December 1, 2015, 4:30 p.m. CALL TO ORDER INVOCATION/PLEDGE OF ALLEGIANCE ROLL CALL AWARDS & RECOGNITIONS CITY MANAGER COMMENTS APPROVAL OF MINUTES Regular Meeting on November 17, 2015 PUBLIC COMMENTS ITEMS FOR CONSIDERATION: 1. Ordinance No. BG2015 – 42 ORDINANCE REZONING REAL ESTATE (Second Reading) Ordinance rezoning two tracts of land containing 0.48 acre from RM-2 (Two-Family Residential) to RM-4 (Multi-Family Residential) located at 1115 and 1119 Greenwood Alley, presently owned by Walter and Debbie York, with Zachery Williams as contract vendee 2. Ordinance No. BG2015 – 43 ORDINANCE PROVIDING FOR THE ISSUANCE OF (Second Reading) GENERAL OBLIGATION BONDS An Ordinance of the City of Bowling Green, Kentucky authorizing the issuance of General Obligation Refunding Bonds, Series 2016A and Taxable General Obligation Refunding Bonds, Series 2016B in aggregate maximum principal amounts of $13,610,000 and $4,345,000, respectively, for the purpose of refunding in advance of maturity the outstanding City of Bowling Green, Kentucky General Obligation Public Project Bonds, Series 2007B maturing on or after September 1, 2017 and the City of Bowling Green, Kentucky Taxable General Obligation Public Project Bonds, Series 2007C maturing on or after September 1, 2017, the proceeds of which in turn financed the costs of the acquisition of a leasehold estate in the real properties and improvements constituting the Transpark; authorizing a first (Agenda-December 1, 2015) Supplemental Contract, Lease & Option with the Inter-Modal Transportation Authority, Inc. and the County of Warren, Kentucky with respect to the Transpark project; approving forms of bonds; authorizing designated officers to execute and deliver the bonds; authorizing and directing the filing of notice with the State Local Debt Officer; providing for the payment and security of the bonds; creating bond payment funds and escrow funds; authorizing acceptance of the bids of the bond purchasers for the purchase of the bonds following the advertised sale of the bonds; and repealing inconsistent ordinances 3. Municipal Order No. 2015 – 209 Municipal Order approving the promotion of Holly M. Vincent to the position of Special Populations Coordinator in the Parks and Recreation Department (Filed 11/24/2015, 10:45 a.m.) 4. Municipal Order No. 2015 – 210 Municipal Order approving the probationary appointment of Candice F. Murray to the position of Office Associate in the Neighborhood and Community Services Department (Filed 11/24/2015, 10:45 a.m.) 5. Municipal Order No. 2015 – 211 Municipal Order authorizing the purchase of Titleist golf products for CrossWinds, Paul Walker and Riverview Golf Courses through noncompetitive negotiations with Titleist of Chicago, Illinois in an amount not to exceed $60,000 (Filed 11/19/2015, 11:30 a.m.) 6. Municipal Order No. 2015 – 212 Municipal Order authorizing and accepting Bid #2016-22 for the purchase of two three quarter ton trucks for the Fire Department from Gillie Hyde Auto Group of Glasgow, Kentucky in the total amount of $55,806 (Filed 11/24/2015, 11:30 a.m.) 7. Ordinance No. BG2015 – 44 ORDINANCE REZONING REAL ESTATE (First Reading) Ordinance rezoning a portion of a tract of land containing 31.00 acres from AG (Agriculture) to HI (Heavy Industrial) located at the end of John D. Jones Road, presently owned by Westen Apartments, LLC with Kobe Aluminum Automotive Products, LLC as contract vendee (Filed 11/11/2015, 10:00 a.m.) 2 (Agenda-December 1, 2015) 8. Ordinance No. BG2015 – 45 ORDINANCE REZONING REAL ESTATE (First Reading) Ordinance rezoning a tract of land containing 11.60 acres from AG (Agriculture) to LI (Light Industrial) located at the corner of Old Tram Road and Russellville Road, presently owned by Suvad and Habiba Hrustanovic (Filed 11/17/2015, 9:20 a.m.) 9. Municipal Order No. 2015 – 213 Municipal Order authorizing a contribution from the City’s General Fund in the amount of $400,000 to the Bowling Green Police and Firefighters Retirement Fund for Fiscal Year 2016 (Filed 11/19/2015, 11:00 a.m.) 10. Municipal Order No. 2015 – 214 Municipal Order accepting the City of Bowling Green, Kentucky Comprehensive Annual Financial Report for the period ended June 30, 2015 as prepared by the Department of Finance and audited by Mountjoy Chilton Medley, LLP (Filed 11/23/2015, 10:00 a.m.) 11. Municipal Order No. 2015 – 215 Municipal Order authorizing the Housing Authority of Bowling Green to retain the City’s portion of the Payment in Lieu of Taxes (PILOT) for the 2015 tax year in the total amount of $19,585.83 (Filed 11/23/2015, 4:00 p.m.) 12. Ordinance No. BG2015 – 46 ORDINANCE AMENDING CODE OF ORDINANCES (First Reading) Ordinance amending Chapter 2 (Administration), Subchapter 2-10 (Department of Public Works) of the City of Bowling Green Code of Ordinances to make administrative revisions (Filed 11/24/2015, 3:40 p.m.) NEXT SCHEDULED MEETING December 15, 2015 ADJOURNMENT 3

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