HomeMy Public PortalAbout19910110CCMeeting1
Tybee Island, Georgia
January 10, 1991
The Tybee Island City Council held its regular monthly meeting
on Thursday, January 10, 1991 at the Tybee City Hall, with Mayor Charles J.
Hosti presiding. The following members of council were present: William Walsh,
James P. Locklear, John 0. Youmans, James C. Brown, L. Jefferson Dukes and
Paul Jackson. City Attorney, Thomas J. Mahoney was also present.
The meeting began with an Invocation by Councilman Locklear
followed by the Pledge of Allegiance led by Mayor Hosti.
The first visitor to appear before council was Mr. Morris Friedman,
representing The Alliance Group. They requested permission to place a total
of 15 benches along the board walk area between 14th Street and 18th Street.
The Alliance Group will sell advertisements for the backs of the benches.
They will also assume full responsibility for maintenance and cleanliness
for the benches.
Mrs. Wilma McCusker spoke next representing the Kite Association.
The request made was for the weekend of March 2 and 3 for use of 3 sections
on the North Beach to hold a regional competition. The sections would be
200 feet by 275 feet. The time for the event will be 10 A.M. til 3 P.M.
Councilman Youmans asked if this was the same group from July the Fourth, as
they did not give one ounce of trouble to anyone.
Mr. David Deborde spoke again on the motor hanging from a tree
and has anything been done about this matter. He also mentioned old cars
on Hosti Avenue and a bike path to Tybee Island. Councilman Dukes said that
the Rails into Trails is proceeding nicely and that a Public Hearing will
be held at the Chatham County Court House on January 29th and one will be
held on February 26th at May Howard School. The public is invited to attend
both meetings. The times for the meetings are 7 P.M. til 9 P.M.
Mr. Steve McCusker stated that he feels a constitutional objection
to further height restrictions. It constitutes taking without compensation.
He questioned if the city was going to delete the footnotes in the code.
Mayor Hosti stated that they will remain in the code book.
Mr Burt Barrett, Jr. said he heard a rumor on the street that the
city plans to charge $1,000.00 a foot for every foot over 35 feet. Mayor Hosti
said that it was really a rumor.
As there were no other visitors wishing to address council Mayor
Hosti opened the meeting for business legally presented to council.
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January 10, 1991
Page 2
Councilman Jackson so moved to accept the minutes from the December 11,
December 13 and December 17th meetings. Councilman Youmans seconded. The vote
was unanimous.
Bills were approved as follows:
General Government 17,943.64 - Councilman Dukes stated that 13,000.00
of the amount was computer payments.
Police Department 2,085.54
Fire 7,054.61
First Responder 48.00
Public Works 8,109.34
Sanitation 18,154.31
Recreation 510.85
Parking Services 40.00
Water /Sewer 15,046.76
The motion was made by Councilman Locklear, seconded by Councilman Jackson,
and unanimously passed.
Mayor Hosti stated that the State of the City Address would be
made at the February 14th meeting so as to advertise to the public.
Councilman Brown moved to accept the proposal by the Alliance Group
for the placing of benches along the board walk, with Councilman Walsh
seconding. Councilman Dukes said the intent was good but why do we need a line
of benches along the boardwalk? He questioned the sign ordinance and also the
litter and stated that he was opposed to the proposal. Councilman Youmans caid
that no type of benches were needed because of the buildup of r.he dunes in that
area you can not see the beach and he is also opposed to the idea. Councilman
Brown said that if the benches looked tacky that the Alliance Group would be
asked to remove the benches. Councilman Walsh stated that he thought it was
a good thing for visitors and residents. Mayor Hosti called for the vote.
Four (4) in favor and Two (2) opposed (Dukes and Youmans).
The next item of business was the request from the Kite Association.
Councilman Youmans moved to allow the event to take place on March 2 and 3rd.
Councilman Dukes made a second to this motion. The vote was unanimous.
Councilman Dukes made a recommendation on the 1990 audits bids to
accept as follows: General Audit - $7,800.00 - Herman Mongin and Recorder
Audit - $3,250.00 - Steve Thompson. Councilman Locklear seconded. Councilman
Youmans asked if this could be voted on separately? Councilman Dukes made
a motion to accept Mr. Herman Mongin's bid for the General Audit in the amount
of $7,800.00 with Councilman Locklear seconding. The vote was unanimous.
Councilman Dukes made a motion to accept the Recorder's Audit bid by Mr.
Steve Thompson in the amount of $3,250.00 with Councilman Locklear seconding.
Mayor Hosti called for the vote. Five (5) in Favor - One (1) opposed (Youmans).
Councilman Walsh questioned where the Recorders Audit will be paid from.
Tybee Island, Georgia
Page 3
Mayor Hosti said that the Recorders Audit will be paid out of General Fund.
Councilman Dukes explained the Chatham County Inspection Department
Contract and then made a motion to accept the contract. Councilman Walsh seconded
the motion. Councilman Youmans said before we accept the contract the city needs
to talk with some of the contractors that do business with Chatham County. Mayor
Hosti stated that this contract could be broken with sixty (60) days notice and
by accepting the contract the city will see a big savings. Councilman Brown
question the method of payment, Mr. Mahoney explained the contract (Mr. Mahoney
did not write this contract). Councilman Brown said he feels like the city
should advertise locally before accepting the contract. Councilman Dukes said
that Chatham County did not seek us, that the city went to them. Councilman
Youmans stated that with contracting out city services, the city should just
give up the Charter and just go in with Chatham County. Councilman Jackson said
he had mixed feeling and will have to abstain from voting if the matter came to
a vote. He asked Rowena Fripp if she had talked with the insured person in
question. Mrs. Fripp said that she had not personally talked with him but
that Jerry Farmer, the Head of the Inspections Department had talked with
employee. Mayor Hosti called for the vote. Three (3) in favor, Two (2) opposed
(Youmans,Brown), One (1) abstained (Jackson).
Councilman Brown told council that the two (2) new police cars are
on the island, but need to get equipment changed over before going on the street
for patrol.
Councilman Youmans said that all equipment has been purchased for the
I S 0 inspection. The inspection will be made around mid March.
Councilman Locklear made a report or request for one way streets in
the area of the 14th Street Parking area. It used to be this way in the 40's or
50's. Mayor asked that the Parking Committee meet on this matter.
Mayor Hosti stated that something needs to be done concerning the 15th
Street collapsing roadbed. He reported that the city has a bid from Insitutform
not to exceed $4,700.00 for a video of the 15th Street. The area will be Butler
Avenue west to the Back River. A report from Thomas & Hutton quoted a figure of
$390,000.00 to redo the drainage and paving Councilman Jackson moved to contract for
the video,
Councilman Walsh seconding the motion. Councilman Dukes stated that he was in
favor contingent upon the city owning the video. Councilman Youmans questioned
where in the budget will this be charged. Mayor Hosti answered that it will be
paid out of the 1% Road Sales Tax. The vote was unanimous.
Mayor Hosti then announced the committee assignment for the year 1991
as follows:
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Tybee Island, Georgia
Page 4 - January 10, 1991
Recreation - Chairman James C. Brown - Members Jackson & Walsh
Police - Chairman William Walsh - Members Brown & Youmans
Public Works - Chairman John 0. Youmans - Members Walsh & Locklear
Water /Sewer - Chairman L. Jefferson Dukes - Members Locklear & Jackson
Finance /General Government - Chairman Paul Jackson - Members Brown & Dukes
Fire /First Responder - Chairman James P. Locklear - Members Dukes & Youmans.
The next item of business on the agenda was the recognition of
citizens who have volunteered their time for the good of the community. Mayor
Hosti said that only three citizens to be recognized were in the audience tonight,
Vincent McCusker, Ted Solomon and Johnny Jarvis, and that he would like to
get the certificates in frames before giving them out to the citizens. This will
be done at the regular February meeting.
Under correspondence there were letters from the following: Lindsay
Thomas, Tom Coleman, Burke Day, RDC on Wetlands. A letter from Waste Management
stating that the increase will be effective December 1, 1990. Councilman Walsh
said that a budget adjustment will have to be made to get the correct amount
in the line item in the budget.
A letter from City Attorney Thomas Mahoney concerning Eagle's Nest
Subdivision was read into the minutes. Councilman Youmans stated that he was
against the idea of public use of city equipment and personnel for a set amount
of money. Councilman Walsh said that this should come before the DPW committee
before coming to council. The request was to grade a private road.
A letter from Attorney Childs concerning Mr. Gerkens property access
on Miller Avenue was discussed. City Attorney Thomas Mahoney will write the answer
to this request. Councilmen Brown and Youmans were opposed to writing the letter.
The nine ordinances listed below were read for the second reading
and adoption: Section 8 -4 -33 D - Building Heights moved by Councilman Jackson,
seconded by Councilman Walsh. Section 8 -4 -31 k - moved by Youmans, seconded by
Jackson. Section 8 -4 -32 f - Commercial Districts Height Limitations moved by
Jackson, seconded by Brown. Section 8- 4- 31 -H -(5) - Tourist Homes moved by Jackson,
seconded by Youmans. Section 8 -4 -32 (a)(1) - Commercial Districts moved by Jackson,
seconded by Walsh. Section 8 -4 -32 (b)(6) - Commercial Districts moved by Jackson,
seconded by Youmans. Section 8 -4 -3 b (43) Bed and Breakfast moved by Jackson,
seconded by Youmans. Section 8 -4 -31 (d)(1)(d) R -T Districts moved by Jackson,
seconded by Walsh. Section 8 -4 -31 (d)(1)(c) R -T Districts moved by Jackson, seconded
by Walsh. The above ordinances were accepted unanimously by council.
The GMA Retirement changes to the ordinance was explained by Attorney
Mahoney with Councilman Youmans moving to accept for first reading and
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Tybee Island, Georgia
Page 5 - January 10, 1991
seconded by Councilman Walsh. The council vote was unanimous.
Mayor Hosti announced the date for the bid openings on the Outflow
on Inlet Avenue, January 23 noon and the Resurfacing of Two Parking Lots on
February 4th, 12 noon.
As there was no further business to come before council Mayor Hosti
adjourned the meeting.
&fr 6,1\41..)
of C uncil
Charles J. How'%`, Mayor
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Ordinance # 1 QC1 1
AN ORDINANCE OF THE CITY OF TYBEE ISLAND, CODE OF ORDINANCES, TITLE 8,
PLANNING AND DEVELOPMENT, CHAPTER 4, SECTION 8 -4 -33 SPECIAL USE DISTRICTS.
BE IT ORDAINED, AND IT IS HEREBY ORDAINED, BY THE MAYOR AND COUNCIL IN
OPEN MEETING ASSEMBLED, THAT THE TYBEE ISLAND CODE OF ORDINANCES, SECTION
8 -4 -33 BE AMENDED BY ADDING A NEW SUB PARAGRAPH (D) TO READ AS FOLLOWS:
Section 8- 4 -33 -D Building Heights
(d) No building shall exceed a height of thirty -five (35) feet, in
the special use district.
ADOPTED THIS 10114 DAY OF .ir'l , 1990.
1st Reading 16 -'G'j®
2nd Reading.JCA.l 1O--QJ
Enacted n v 10 -9 I
Mayor Char s J. Hosti
',4
itler ��• f Council
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Ordinance # 1qc 1 — l.J
AN ORDINANCE OF THE CITY OF TYBEE ISLAND, CODE OF ORDINANCES, TITLE 8,
PLANNING AND DEVELOPMENT, CHAPTER 4, ZONING, SECTION 8 -4 -31 (k), RESIDENTIAL
DISTRICTS.
BE IT ORDAINED, AND IT IS HEREBY ORDAINED, BY THE MAYOR AND COUNCIL IN
OPEN MEETING ASSEMBLED, THAT THE TYBEE ISLAND CODE OR ORDINANCES, SECTION
8 -4 -31 BE AMENDED BY ADDING A NEW SUBSECTION (k) TO READ AS FOLLOWS:
Section 8 -4 -31 (k)
A column will be added and the heading will be Height Limitations and
the number thirty -five (35) feet be placed adjacent to all zones
designated R & RT.
ADOPTED THIS I (0-Ch DAY OF t \QLM ,
1st Reading: 1-�'L -8°-90
2nd Reading : JCLJ S VO -CI(
Enacted:
icLrn t 0 — Q
, 1990
Mayor Charles. Hosti
• at.Cru..rs-)
k of Council
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Ordinance # " s
AN ORDINANCE OF THE CITY OF TYBEE ISLAND, CODE OF
ORDINANCES, TITLE 8, PLANNING AND DEVELOPMENT, CHAPTER 4,
SECTION 8 -4 -32, COMMERCIAL DISTRICTS.
BE IT ORDAINED, AND IT IS HEREBY ORDAINED BY THE MAYOR AND
CITY COUNCIL IN OPEN MEETING ASSEMBLED, THAT THE TYBEE
ISLAND CODE OF ORDINANCES, SECTION 8 -4 -32 BE AMENDED BY
ADDING A NEW SUB PARAGRAPH (f) TO READ AS FOLLOWS:
Section 8 -4 -32. (f). Commercial Districts.
(f) A thirty -five (35) foot height
limitation will be placed in the C -I and C -2 zoning
districts, on new construction. However, should the
City at any time be requested to grant a permit for a
height in excess of that set forth in this ordinance,
in no event shall such a permit be granted without the
following restrictions:
(1) Structures beyond thirty -five (35)
feet in height shall have Safe - Guards consisting of
Fire Escapes, Sprinkler Systems, Smoke Detectors and
non - combustable materials and any other Fire Protection
Equipment deemed necessary at the time by the
Mayor and Council.
(2) Before a permit can be granted on
said request, an affidavit of the builder and owner
must be executed agreeing to same to be completed
within an agreed upon reasonable time.
ADOPTED THIS IDAY OFAe1
, 1994.
t Reading: 4:\o_c 13 -90
2nd Reading:
Adopted: 3nurv,, to
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Ordinance # AC1 t - 4
AN ORDINANCE OF THE CITY OF TYBEE ISLAND, CODE OF ORDINANCES, TITLE 8,
PLANNING AND DEVELOPMENT, CHAPTER 4, ZONING, SECTION 8- 4 -31 -H, OFF STREET
VEHICLE PARKING REQUIREMENTS.
BE IT ORDAINED, AND IT IS HEREBY ORDAINED, BY THE MAYOR AND COUNCIL IN
OPEN MEETING ASSEMBLED, THAT THE TYBEE ISLAND CODE OF ORDINANCES, SECTION
8- 4 -31 -H BE AMENDED BY ADDING A NEW SUB PARAGRAPH (5) TO READ AS FOLLOWS:
Section 8- 4- 31 -H -(5) Tourist Homes
Tourist homes; Two(2) parking spaces plus one(1) additional space for each
bedroom in the house.
ADOPTED THIS 10111N DAY OF d , 1991
1st Reading An -1'i)
2nd Reading . P (Ly\ (O -'R f
Enacted ,JQ►,r tO .q
171
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Ordinance # jqq 1 -
AN ORDINANCE OF THE CITY OF TYBEE ISLAND, CODE OF ORDINANCES, TITLE 8,
PLANNING AND DEVELOPMENT, CHAPTER 4, ZONING, SECTION 8 -4 -32, COMMERCIAL
DISTRICT.
BE IT ORDAINED, AND IT IS HEREBY ORDAINED, BY THE MAYOR AND COUNCIL IN
OPEN MEETING ASSEMBLED, THAT SECTION 8 -4 -32 (a) (1) BE DELETED IN ITS
ENTIRETY AND THAT A NEW SUB PARAGRAPH BE INSERTED IN ITS STEAD AND BE
TITLED AND NUMBERED THE SAME TO READ AS FOLLOWS:
Section 8 -4 -32 (a) (1) Commercial Districts
(1) Apartments, condominiums, townhouses, guest cottages, hotels, motels,
tourist homes and bed & breakfast inns.
ADOPTED THIS t V
1st Reading c-QC'.l5 -90
2nd Reading SCAM 10 ' 9 (
Enacted Jam. (0 - cj t
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DAY OF jatfIrN , 1910
Mayor Charles osti
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Ordinance # 4a ( - tO
AN ORDINANCE OF THE CITY OF TYBEE ISLAND, CODE OF ORDINANCES , TITLE 8,
PLANNING AND DEVELOPMENT, CHAPTER 4, SECTION 8 -4 -32, COMMERCIAL DISTRICTS.
BE IT ORDAINED, AND IT IS HEREBY ORDAINED, BY THE MAYOR AND COUNCIL IN
OPEN MEETING ASSEMBLED, THAT SECTION 8 -4 -32 (b) (6) BE DELETED IN ITS
ENTIRETY AND A NEW SUB PARAGRAPH BE TITLED AND NUMBERED THE SAME BE PLACED
IN ITS STEAD TO READ AS FOLLOWS:
Section 8 -4 -32
(6) Tourist
(b) (6) Commercial Districts
homes and Bed & Breakfast Inns.
ADOPTED THIS loth DAY OF 30..„ 01
1st Reading S.LC. i3 -9c
2nd Reading jam t `)
Enacted
, 1999"
Mayor Charles osti
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ORDINANCE # 14
AN ORDINANCE OF THE CITY OF TYBEE ISLAND, CODE OF ORDINANCES, TITLE 8, PLANNING
AND DEVELOPMENT, CHAPTER 4, ZONING, SECTION 8- 4 -3 -b, ADDING A NEW SUBSECTION (43).
BE IT ORDAINED, AND IT IS HEREBY ORDAINED, BY MAYOR AND COUNCIL IN
OPEN MEETING ASSEMBLED, THAT THE TYBEE ISLAND CODE OF ORDINANCES, SECTION
8 -4 -3- b BE AMENDED BY ADDING A NEW SUBSECTION (43) BED AND BREAKFAST INN.
Section 8 -4 -3 -b (43) Bed and Breakfast Inn - definition
A residence in which no more than ten (10) bedrooms or suites are provided
for overnight paying guests. Such use may include dining facilities for
guests and non - guests.
ADOPTED THIS 10h DAY OF J pm , 1990
Mayor Charle_ Hosti
ncil
1st Reading:(9...� -qa
2nd Reading: oJG.tr tO ; q t
Enacted: JCA,n-, -q 1
c .
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Ordinance # Act t - U
AN ORDINANCE OF THE CITY OF TYBEE ISLAND, CODE OF ORDINANCES, TITLE 8,
PLANNING AND DEVELOPMENT, CHAPTER 4, ZONING, SECTION 8 -4 -31 (d), R -T
RESIDENTIAL TOURIST DISTRICT.
BE IT ORDAINED, AND IT IS HEREBY ORDAINED, BY THE MAYOR AND COUNCIL IN
OPEN MEETING ASSEMBLED, THAT SECTION 8 -4 -31 (d) (1) BE AMENDED AND A NEW
SUB PARAGRAPH BE ADDED (d) TO READ AS FOLLOWS:
Section 8 -4 -31 (d) (1) (d)
d. Bed and Breakfast Inns, motels, apartment houses and condominiums exceeding
four (4) units per lot subject to an approved site development plan. The
site development plan shall include, but not be limited to the following.
1. The location, size and other pertinent data of all land uses on the site
including types, locations and height of buildings, parking, open areas
and landscaping.
2. Dimension setback lines from property lines and street right -of -way lines.
3. Adjacent thoroughfares and all curb cuts within five hundred (500). feet,
including:
i. Proposed new cut (s) onto public rights -of -way with tu.i:nlag radii, and
width; and
ii. Dimensions of all rights -of -way.
4. Drainage plan to conform with city engineering department standards.
5. Location of all utilities.
6. Tabulated data including at least:
i. Gross density of dwelling units.
ii. Parking ratio per dwelling unit.
iii. Per cent and amount of land coverage by use, and
iv. Per cent and amount of floor area by use and by type.
7. Topographical map showing existing and proposed contours and natural features.
8. The planning commission may require elevations or other engineering or
architectural drawings covering the proposed development.
ADOPTED THIS t
1st Reading 13 -cib
2nd Reading . m (,O -q i
Enacted AO —S %
DAY OF 3 cjrA0, . , 199V
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Ordinance # 's[ct
AN ORDINANCE OF THE CITY OF TYBEE ISLAND, CODE OF ORDINANCES, TITLE 8,
PLANNING AND DEVELOPMENT, CHAPTER 4, ZONING, SECTION 8 -4 -31 D, RESIDENTIAL
TOURIST DISTRICT.
BE IT ORDAINED, AND IT IS HEREBY ORDAINED, BY THE MAYOR AND COUNCIL IN
OPEN MEETING ASSEMBLED, THAT SECTION 8 -4 -31 (d) (1) (c) BE DELETED IN ITS
ENTIRETY AND THAT A NEW SUB PARAGRAPH BE INSERTED IN ITS STEAD TO READ AS
FOLLOWS:
Section 8- 4- 31 -(d) (1) (c)
c. Tourist Homes
ADOPTED THIS `(YCh DAY OF JO-1y\ , 1990
1st Reading C. 15 -90
2nd Reading ,,ICNNIN IC) - F
Enacted
Jary, to -51
Mayor Charles s Hosi:i
STATE OF GEORGIA )
}
COUNTY OF CHATHAM )
INSPECTION SERVICES AGREEMENT
This Agreement made and entered into this JLd1 day of
January, 1991 by and between the City of Tybee Island,
herein after called the City, and Chatham County, herein
after called the County.
Whereas, the City is in need of qualified inspector(s) to
inspect all matters relating to the administration, plans
review and enforcement of its several construction codes
in the City ; and
Whereas, the inspectors of the County Inspections Depart-
ment are qualified to make such inspections, review
construction plans and administer the City's building,
mechanical, electrical, plumbing, gas, and fire codes.
Now, therefore, for and in consideration of the mutual
benefits flowing from one party to the other, it is hereby
agreed as follows:
(1) The City shall pay to the County the sum of $1500.00
annually and the County shall provide its inspector's
to make all reasonable and necessary construction code
inspections required by the City. The annual sum will
provide the City with eight man hours of inspectors
time per month. Time in excess of eight hours per
month will be billed at an hourly rate.
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(2) The County shall keep appropriate records of the
number of hours of inspection services rendered to the
City on a quarterly basis. The City agrees to pay the
County Finance Department $125.00 per month plus $15.65
per hour for time in excess of eight hours per month.
Payment for services will be made within thirty (30)
days from receipt of County's invoice.
(3) The City agrees to protect, defend, indemnify and hold
harmless Chatham County, its Commissioners, officers,
agents and employees from and against any and all
liability, damages, claims, suits, liens and judgements
of whatever nature, including claims for contribution
and /or indemnification , for injuries to or death of
any person or persons or damage to the property or
other rights of any person or persons caused by the
County while engaged in the performance of providing
inspection services to the City.
(4) The Agreement shall be an annual Agreement which shall
automatically continue from year to year unless
terminated after a written notice of not less than
thirty (30) days before the annual renewal date. In the
event that an adjustment(s) to this Agreement is desired
by either party during the annual thirty (30) day
renewal period, such adjustment shall be mutually agreed
upon and the Agreement revised or amended and approved
and signed by the appropriate authorities for each
party.
Either party may terminate this Agreement as a matter of
convenience at any time during the year after a written
notice of the proposed termination of not less than (60)
sixty days prior to the proposed termination date.
In Witness Whereof, the parties have hereunto their
hands and seals the day and year first written above.
This agreement becomes effective February 1, 1991.
City of Tybee Island:
George Hosti, Mayor
Witness:
Chatham County:
Robert M. McCorkle, Chairman
Chatham County Commissioners
Attest:
County Clerk
Approved as to Form and Legality
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