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City Council

Regular Meeting

Trotwood, OH · June 1, 2015

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City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937-837-7771 www.trotwood.org Meeting Minutes Monday, June 1, 2015 6:30 PM 3594 N. Snyder Road Trotwood Madison City School Board of Education Meeting Chambers City Council Mayor Joyce Sutton Cameron Vice Mayor Barbara Staggs Councilmember Bruce Kettelle Councilmember Bettye Gales Councilmember Rap Hankins Councilmember Ron Vaughn Councilmember Mary McDonald Sandra L. Riege, CMC, Clerk of Council City Council Meeting Minutes June 1, 2015 I. Call to Order - Mayor Joyce S. Cameron Mayor Cameron called the meeting to order at 6:30 p.m. II. Pledge of Allegiance & Moment of Silence III. Roll Call: Clerk of Council Present: 7 - Mayor Joyce Sutton Cameron, Vice Mayor Barbara Staggs , Councilmember Bettye Gales, Councilmember Rap Hankins, Councilmember Bruce Kettelle, Councilmember Ron Vaughn and Councilmember Mary McDonald Staff members present: City Manager Michael J. Lucking, Law Director Stephen McHugh, Public Safety Director/Deputy City Manager Quincy E. Pope, Sr., Fire Chief Steve Milliken, Human Resource Manager Stephanie Kellum, Police Captain John Porter, Planning & Zoning Administrator Jeannie Peyton, and Sandra L. Riege, Clerk of Council. Visitors in attendance: Tom Grady, Barbara Higgins, Mattie Clay, Raymond Bird, John Fecke, Dawn Wojuk, Karen Davis, Linda Weaver, Jay Young, Sarah Pritchett, Anita Schmaltz, Ernest Curry, Janice Chinn, Dave Norvell, Jamie Fant, Aaron Lumpkin, Hortense Lumpkin, Vernetta Bailey, Martha Clark, Janet Foote, Ralph Iman, Willie Lewis, George Tyler, T. Stirtmire, Jesse Smith and Cozy Smith. IV. Motion to Approve the Agenda Mayor Cameron requested a motion to approve the meeting agenda. A motion was made by Mrs. Gales and seconded by Mrs. McDonald. A motion passes by the following vote: Aye: 7- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle, Councilmember Vaughn and Councilmember McDonald City of Trotwood Page 1 City Council Meeting Minutes June 1, 2015 V. Visitors & Communications: To comment on any topic NOT on the agenda, please fill out a Speaker Form and return it to the Clerk of Council BEFORE the start of the meeting. The Mayor will acknowledge you and ask that you approach the microphone. State your name and address before proceeding with your comments. You will have three (3) minutes to speak. Comments about PUBLIC HEARING TOPICS will be accepted at the appropriate time during the meeting. Jamie Fant, 30 Nona Drive, Ward 3 - On Stubbs Drive & Trotwood Blvd. please fix the pot hole it's been there for three weeks. Public Safety Director will follow up. Vernetta Bailey, 230 E. Sunrise Avenue, Ward 1 - Has lived here since 1992, people do not keep their properties up, doesn't understand why. Where are the stores? 204 Broadway still has trash located in their back yard. Jeannie Peyton from code enforcement will follow up. Anita Schmaltz, 24 Pleasant Avenue , Ward 1 - Is concerned about our economic condition within the city. She served on the C.I.C. board for 1 year. Asked if the Executive Director of the CIC board will stay if the city manager stays. City Manager will follow up. VI. Motion to Approve the Consent Agenda Mayor Cameron requested a motion to approve the consent agenda. A motion was made by Vice Mayor Staggs and seconded by Mr. Hankins to approve the consent agenda. Roll call resulted in the following vote: Aye: 7- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle, Councilmember Vaughn and Councilmember McDonald A. 15-47 City Council Regular Meeting Minutes from Monday, May 4, 2015 Attachments: MeetingMinutes May 4, 2015 Regular C.C. Mtg.pdf This Staff Report was approved on the Consent Agenda B. 15-48 A MOTION AUTHORIZING THE LAW DIRECTOR TO DRAFT AN AGREEMENT WITH VECTREN ENERGY DELIVERY OF OHIO, AND INDIANA GAS COMPANY AS TENANTS IN COMMON, THEIR SUCCESSORS AND ASSIGNS, A GAS FRANCHISE IN THE CITY OF TROTWOOD, STATE OF OHIO, FOR A PERIOD OF TWENTY-FIVE (25) YEARS, AUTOMATICALLY RENEWING FOR AN ADDITIONAL PERIOD OF FIVE (5) YEARS. This Staff Report was approved on the Consent Agenda City of Trotwood Page 2 City Council Meeting Minutes June 1, 2015 C. 15-49 A MOTION TO SCHEDULE A PUBLIC HEARING AND DRAFT LEGISLATION ON PLANNING COMMISSION CASE NO. 15-12, A PUBLIC HEARING FOR THE REZONING OF 6.6 ACRES ON A SITE LOCATED AT SALEM AVENUE FROM THE “R-B” REGIONAL BUSINESS DISTRICT TO THE “I-PUD” INDUSTRIAL PLANNED UNIT DEVELOPMENT DISTRICT. D. 15-50 A MOTION TO SCHEDULE A PUBLIC HEARING AND DRAFT LEGISLATION ON PLANNING COMMISSION CASE NO. 15-03, PRELIMINARY DEVELOPMENT PLAN TO OCCUPY AN EXISTING 124,340 SQ. FT. FACILITY AS A LIGHT MANUFACTURING, WAREHOUSE, AND DISTRIBUTION FACILITY AT 5370 SALEM AVENUE (PARCEL NO. H33-00514-0045) IN TROTWOOD, OHIO. E. 15-47 City Council Regular Meeting Minutes from Monday, May 4, 2015 Attachments: MeetingMinutes May 4, 2015 Regular C.C. Mtg.pdf F. R15-41 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH FINLEY FIRE EQUIPMENT OF MCCONNELSVILLE, OHIO FOR THE PURCHASE OF TWO (2) SETS OF RESCUE AND EXTRICATION TOOLS FOR THE TOTAL SUM OF $54,715.00, WITH A TOTAL CITY CONTRIBUTION OF 10% OR $5,472.00 AND THE REMAINDER TO BE PAID FROM FEDERAL EMERGENCY MANAGEMENT AGENCY FIREFIGHTING ASSISTANCE GRANT. Attachments: Res. R15-41, Rescue-Extrication Tools 20150526rescuetools2.pdf G. R15-42 A RESOLUTION BY THE TROTWOOD CITY COUNCIL ADOPTING THE RECOMMENDATION OF THE CITY MANAGER AND THE MANAGER OF HUMAN RESOURCES FOR THE CITY TO ENTER INTO AN AMENDED JOINT SELF-INSURANCE AGREEMENT WITH THE CENTER FOR LOCAL GOVERNMENT BENEFITS POOL AND AUTHORIZING THE CITY MANAGER TO ENTER INTO SAID AMENDED AGREEMENT EFFECTIVE AUGUST 1, 2015 FOR A MINIMUM TERM OF THREE YEARS. Attachments: Res. R15-42, CLG Benefits Pool CLGBP 2015 Amendment City of Trotwood Page 3 City Council Meeting Minutes June 1, 2015 H. R15-43 A RESOLUTION BY THE TROTWOOD CITY COUNCIL APPROVING THE APPLICATION FOR THE PLACEMENT OF 13.702 ACRES OF LAND OWNED BY JACK & SHERYL PERRY, IN THE AGRICULTURAL TAX DISTRICT, SAID PROPERTY ADDRESS BEING 8350 SNAKE ROAD, TROTWOOD, OHIO 45426 (PARCEL NO. H33-02108-0011) IN ACCORDANCE WITH O.R.C. CHAPTER 929, THE FARMLAND PRESERVATION ACT. Attachments: Res. R15-43, 8350 Snake Road, Farmland Preservation Application, 8350 Snake Road, Farmland Preservation VII. Public Hearings/Ordinances: Motion to Open the Public Hearing Mayor Cameron asked for a motion to open the the public hearing portion of this meeting. A motion was made by Mrs. McDonald and seconded by Mr. Hankins to open the hearing. Roll Call resulted in the following vote: Aye: 7- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle, Councilmember Vaughn and Councilmember McDonald A. At this time, the Mayor will acknowledge any visitors who have completed the Speaker Form who wish to comment on this agenda item. When you approach the microphone, state your name and address before proceeding with your comments. You will have three (3) minutes to speak. Mayor Cameron asked is there anyone requesting to speak on the public hearing - there were none. A. OR8-15 AN ORDINANCE FOR THE ANNUAL RE-APPROPRIATION FOR THE CITY OF TROTWOOD, STATE OF OHIO AND AUTHORIZING THE ADJUSTMENT OF VARIOUS EXPENDITURES FOR THE CITY OF TROTWOOD, STATE OF OHIO FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2015 THROUGH DECEMBER 31, 2015 Attachments: OR8-15, Re-Appropriations Sched of 2015 Approp Amendment 6.1.2015.xls The Clerk read the caption. City Manger Lucking introduced Finance Director Patricia Shively to explain the changes to the re-appropriation ordinance. Moving $50,000 from personnel line item to the services and supplies. $76,000.00 amendment to the Permissive Use Funds for engineering design services related to the contract Wolf Creek Road resurfacing project. $20,000.00 increase to the street fund for additional repairs & asphalt for street paving. Appropriation adjustment to the balance in the fire facility improvement fund in the amount of $5,992.00 for fire department updates to the facilities. No further discussion. Mayor Cameron requested a motion for Ordinance OR15-51. A motion was made by Mrs. McDonald and seconded by Mr. Hankins to approve OR15-51. Roll call resulted in the following vote: City of Trotwood Page 4 City Council Meeting Minutes June 1, 2015 Aye: 7- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle, Councilmember Vaughn and Councilmember McDonald VIII. Motion to Close the Public Hearing Mayor Cameron requested a motion to close the public portion of this meeting. A motion was made by Mr. Vaughn and seconded by Mr. Hankins. Roll call resulted in the following vote: Aye: 7- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle, Councilmember Vaughn and Councilmember McDonald IX. Resolutions A. R15-44 A RESOLUTION BY THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH BRANDSTETTER CARROLL FOR THE DESIGN OF PLANS AND SPECIFICATIONS NECESSARY TO APPLY FOR AN OHIO PUBLIC WORKS COMMISSION GRANT TO UPGRADE AND IMPROVE THE UNDERSIZED WATERMAIN LINES IN THE OLDE TOWN AREA IN ASSOCIATION WITH THE ONGOING WATERMAIN IMPROVEMENTS IN AN AMOUNT NOT TO EXCEED $28,500.00. Attachments: Res. R15-44, Brandstetter Carroll, Watermain Improvements Design brandsetter carroll ltr 6-1-15.pdf The Clerk read the caption. City Manager said the city will be making an application to the Ohio Public Works Commission with Brandsetter Carroll for a grant to upgrade the replace aged and undersized water mains in the Olde Towne neighborhood in the amount of $28,500.00. This will include replacement of the existing 6-inch and 8-inch watermain lines in these areas: 1) Broadway Avenue from Main Street to Trotwood Blvd; 2) Trotwood Blvd, from Ginger Place to Sparks Street; 3) Trotwood Blvd, from Union Road to Strader Drive; and 4) Stubbs Drive from Trotwood Blvd to Brookhaven Drive. The replacement of the 6-inch totals 125 LF, 335 LF of 9-inch, and 850 LF of existing 12-inch watermain/line will be upgraded to improve firefighting services, as well as, have better water flow to the area residents and future development. This infrastructure is 50 years old. Application is due in July 2015 with a potential project schedule in 2016. Mayor Cameron requested a motion for Resolution R15-44. A motion was made by Bettye Gales and seconded by Mr. Hankins for the approval of R15-44. Roll Call resulted in the following vote: Aye: 7- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle, Councilmember Vaughn and Councilmember McDonald X. Old & New Business No old or new business to report. City of Trotwood Page 5 City Council Meeting Minutes June 1, 2015 A. Mayor's Announcements 1) Reminder: To schedule a meeting with the Mayor, contact Sandy Riege, Clerk of Council, at 937/854-7212. 2) City Council Meeting Schedule: Workshop on Monday, June 15, 2015; Regular Meeting on Monday, July 6, 2015; Joint School Board/Council Meeting on Tuesday, July 14, 2015. B. Council Members Vice Mayor Staggs - On May 23rd she attended the VFW Post 4270 for Trotwood Memorial Day Ceremony at the Post Town Road facility. Presentation included a memorial wreath at the post along with placement of the American Flags on veterans graves at all city cemeteries. Mr. Hankins - A free concert, sponsored by the Dayton Alliance with the Dayton Philharmonic Orchestra performing scheduled to perform in Trotwood this Sunday, June 7, 2015 at St. Maragret's Church at 5:00 p.m., everyone is welcome to attend. First Tier Suburbs reported the new glass company in Moraine is looking for employees needing permanent jobs. Trotwood citizens can contact the Dayton Job Center to apply. Mrs. McDonald - How is the progress moving forward for the occupancy of the two commerical businesses located at the former Elder Beerman and Phoenix Tube sites? City Manager said both businesses are on schedule as projected. Mrs. Gales - Trotwood Madison City Schools students had 168 students graduated this year with $2.8 million dollars in schlorships awarded. Mr. Vaughn - Congratulations to Mrs. Shively on her pending retirement. C. City Manager 1) Visit the City of Trotwood website at www.trotwood.org for updated information and events in Trotwood. Thank you to the Trotwood VFW Post 4270 for their active participation in events throughout our city during the month of May. City newsletter with upcoming events and announcements will be going out shortly in the citizens utility bills. D. Staff Reports City of Trotwood Page 6 City Council Meeting Minutes June 1, 2015 1) 15-51 Month to Date / Year to Date Fund Report ending April 30, 2015 Attachments: YTD FUND REPORT FOR MONTH 04.pdf Finance Director Patricia Shively reported at the beginning of 2015 the city had a balance of $7,758,369.16 for all funds. The city has receipted, through the month of April, a total of $9,698,319.48 in revenues and expensed $7,881,494.79 in payments. At the end of April our cash position is $9,575,193.85. We have encumbered a total of $5,299,883.74, which leaves an unencumbered balance of $4,275,310.11 we'll collect toward the end of this year. At the beginning of 2015, the General Fund beginning balance was $623,78.24. Year to-date receipts through the end of April is $2,950,757.46 and expenses are $2,690,681.53, leaving a balance of $883,154.17. This is an increase in the general fund of $260,075.93 through the end of April. Tax collections are up by 2.2%. City Manager said in July the city will receive financial report's from the State of Ohio Department of Taxation on the changes to the state budget and how the fiscal impact will affect us. We have considered those financial projections in our next budget cycle especially with the elimination of the red light camera law, local government fund, and the phasing of House Bill 5 income tax. Mr. Vaughn is concerned with the red light elimination can we change the enforcement and reinstate the program for the people's safety? City of Dayton did. City Manager said the revenue is shared between Red Flex & the City. The safe way to do that is to escrow the money between the two entities. Council already discussed this once, but they can always revisit this topic if they desire once again. Law Director stated, he would like to contact Red Flex to see what terms they would consider if we should want to reinstate. He'll report back to council in a workshop session his findings. XI. Motion to Adjourn City of Trotwood Page 7

Agenda

City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937-837-7771 www.trotwood.org Meeting Agenda - Final Monday, June 1, 2015 6:30 PM 3594 N. Snyder Road Trotwood Madison City School Board of Education Meeting City Council Mayor Joyce Sutton Cameron Vice Mayor Barbara Staggs Councilmember Bruce Kettelle Councilmember Bettye Gales Councilmember Rap Hankins Councilmember Ron Vaughn Councilmember Mary McDonald Sandra L. Riege, CMC, Clerk of Council City Council Meeting Agenda - Final June 1, 2015 I. Call to Order - Mayor Joyce S. Cameron II. Pledge of Allegiance & Moment of Silence III. Roll Call: Clerk of Council IV. Motion to Approve the Agenda V. Visitors & Communications: To comment on any topic NOT on the agenda, please fill out a Speaker Form and return it to the Clerk of Council BEFORE the start of the meeting. The Mayor will acknowledge you and ask that you approach the microphone. State your name and address before proceeding with your comments. You will have three (3) minutes to speak. Comments about PUBLIC HEARING TOPICS will be accepted at the appropriate time during the meeting. VI. Motion to Approve the Consent Agenda A. 15-47 City Council Regular Meeting Minutes from Monday, May 4, 2015 Attachments: MeetingMinutes May 4, 2015 Regular C.C. Mtg.pdf B. 15-48 A MOTION AUTHORIZING THE LAW DIRECTOR TO DRAFT AN AGREEMENT WITH VECTREN ENERGY DELIVERY OF OHIO, AND INDIANA GAS COMPANY AS TENANTS IN COMMON, THEIR SUCCESSORS AND ASSIGNS, A GAS FRANCHISE IN THE CITY OF TROTWOOD, STATE OF OHIO, FOR A PERIOD OF TWENTY-FIVE (25) YEARS, AUTOMATICALLY RENEWING FOR AN ADDITIONAL PERIOD OF FIVE (5) YEARS. C. 15-49 A MOTION TO SCHEDULE A PUBLIC HEARING AND DRAFT LEGISLATION ON PLANNING COMMISSION CASE NO. 15-12, A PUBLIC HEARING FOR THE REZONING OF 6.6 ACRES ON A SITE LOCATED AT SALEM AVENUE FROM THE “R-B” REGIONAL BUSINESS DISTRICT TO THE “I-PUD” INDUSTRIAL PLANNED UNIT DEVELOPMENT DISTRICT. D. 15-50 A MOTION TO SCHEDULE A PUBLIC HEARING AND DRAFT LEGISLATION ON PLANNING COMMISSION CASE NO. 15-03, PRELIMINARY DEVELOPMENT PLAN TO OCCUPY AN EXISTING 124,340 SQ. FT. FACILITY AS A LIGHT MANUFACTURING, WAREHOUSE, AND DISTRIBUTION FACILITY AT 5370 SALEM AVENUE (PARCEL NO. H33-00514-0045) IN TROTWOOD, OHIO. City of Trotwood Page 2 Printed on 6/1/2015 City Council Meeting Agenda - Final June 1, 2015 E. R15-40 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE TROTWOOD COMMUNITY IMPROVEMENT CORPORATION TO INITIATE A FORECLOSURE ACTION ON THE TAX-DELINQUENT LAND KNOWN AS 709 MAPLESIDE DRIVE (PARCEL ID H33-00201-0009) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: Res. R15-40, 709 Mapleside, Foreclosure 709 Mapleside- Property Information & Photo Sheet F. R15-41 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH FINLEY FIRE EQUIPMENT OF MCCONNELSVILLE, OHIO FOR THE PURCHASE OF TWO (2) SETS OF RESCUE AND EXTRICATION TOOLS FOR THE TOTAL SUM OF $54,715.00, WITH A TOTAL CITY CONTRIBUTION OF 10% OR $5,472.00 AND THE REMAINDER TO BE PAID FROM FEDERAL EMERGENCY MANAGEMENT AGENCY FIREFIGHTING ASSISTANCE GRANT. Attachments: Res. R15-41, Rescue-Extrication Tools 20150526rescuetools2.pdf G. R15-42 A RESOLUTION BY THE TROTWOOD CITY COUNCIL ADOPTING THE RECOMMENDATION OF THE CITY MANAGER AND THE MANAGER OF HUMAN RESOURCES FOR THE CITY TO ENTER INTO AN AMENDED JOINT SELF-INSURANCE AGREEMENT WITH THE CENTER FOR LOCAL GOVERNMENT BENEFITS POOL AND AUTHORIZING THE CITY MANAGER TO ENTER INTO SAID AMENDED AGREEMENT EFFECTIVE AUGUST 1, 2015 FOR A MINIMUM TERM OF THREE YEARS. Attachments: Res. R15-42, CLG Benefits Pool CLGBP 2015 Amendment H. R15-43 A RESOLUTION BY THE TROTWOOD CITY COUNCIL APPROVING THE APPLICATION FOR THE PLACEMENT OF 13.702 ACRES OF LAND OWNED BY JACK & SHERYL PERRY, IN THE AGRICULTURAL TAX DISTRICT, SAID PROPERTY ADDRESS BEING 8350 SNAKE ROAD, TROTWOOD, OHIO 45426 (PARCEL NO. H33-02108-0011) IN ACCORDANCE WITH O.R.C. CHAPTER 929, THE FARMLAND PRESERVATION ACT. Attachments: Res. R15-43, 8350 Snake Road, Farmland Preservation Application, 8350 Snake Road, Farmland Preservation VII. Public Hearings/Ordinances: Motion to Open the Public Hearing City of Trotwood Page 3 Printed on 6/1/2015 City Council Meeting Agenda - Final June 1, 2015 A. At this time, the Mayor will acknowledge any visitors who have completed the Speaker Form who wish to comment on this agenda item. When you approach the microphone, state your name and address before proceeding with your comments. You will have three (3) minutes to speak. A. OR8-15 AN ORDINANCE FOR THE ANNUAL RE-APPROPRIATION FOR THE CITY OF TROTWOOD, STATE OF OHIO AND AUTHORIZING THE ADJUSTMENT OF VARIOUS EXPENDITURES FOR THE CITY OF TROTWOOD, STATE OF OHIO FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2015 THROUGH DECEMBER 31, 2015 Attachments: OR8-15, Re-Appropriations Sched of 2015 Approp Amendment 6.1.2015.xls VIII. Motion to Close the Public Hearing IX. Resolutions A. R15-44 A RESOLUTION BY THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH BRANDSTETTER CARROLL FOR THE DESIGN OF PLANS AND SPECIFICATIONS NECESSARY TO APPLY FOR AN OHIO PUBLIC WORKS COMMISSION GRANT TO UPGRADE AND IMPROVE THE UNDERSIZED WATERMAIN LINES IN THE OLDE TOWN AREA IN ASSOCIATION WITH THE ONGOING WATERMAIN IMPROVEMENTS IN AN AMOUNT NOT TO EXCEED $28,500.00. Attachments: Res. R15-44, Brandstetter Carroll, Watermain Improvements Design brandsetter carroll ltr 6-1-15.pdf X. Old & New Business A. Mayor's Announcements 1) Reminder: To schedule a meeting with the Mayor, contact Sandy Riege, Clerk of Council, at 937/854-7212. 2) City Council Meeting Schedule: Workshop on Monday, June 15, 2015; Regular Meeting on Monday, July 6, 2015; Joint School Board/Council Meeting on Tuesday, July 14, 2015. B. Council Members C. City Manager 1) Visit the City of Trotwood website at www.trotwood.org for updated information and events in Trotwood. City of Trotwood Page 4 Printed on 6/1/2015 City Council Meeting Agenda - Final June 1, 2015 D. Staff Reports 1) 15-51 Month to Date / Year to Date Fund Report ending April 30, 2015 Attachments: YTD FUND REPORT FOR MONTH 04.pdf XI. Motion to Adjourn City of Trotwood Page 5 Printed on 6/1/2015

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