“Know Your Rights Under the Open Meeting Law, M.G.L. Chapter 30A ss. 18-25, and
City Ordinance Sections 2-2028 through 2-2033.”
Assistive Listening System Now Available for City Council Meetings.
Those interested in utilizing these devices for meetings at 93 Washington Street may contact the City Clerk Cheryl LaPointe at 978-619-5610 or clapointe@salem.com.
A Regular Meeting of the City Council held in the Council Chamber on Thursday,
May 14, 2015 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on May 7, 2015 at 4:54 P.M. This meeting is being taped and is live on S.A.T.V.
All Councillors were present.
Council President Sargent presided.
Councillor O’Keefe moved to dispense with the reading of the record of the previous meeting.
It was so voted.
President Sargent requested that everyone please rise to recite the Pledge of Allegiance.
PUBLIC TESTIMONY
None
(#261) – APPOINTMENT OF JIMMY TSITSINOS TO ZONING BOARD OF APPEALS
Held from the last meeting, the Mayor’s appointment of Jimmy Tsitsinos to serve as a full time member of the Zoning Board of Appeals with a term to expire on July 1, 2015, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillors Turiel, Siegel, O’Keefe, Milo, McCarthy, Legault, Gerard, Furey, Famico, Eppley and Sargent were recorded as voting in the affirmative.
Councillor Siegel moved for suspension of the rules to allow Mr. Tsitinos to speak. There was no objection.
(#262) – APPOINTMENT OF TRACY WARE TO THE BICYCLING ADVISORY COMMITTEE
Held from the last meeting, the Mayor’s appointment of Tracy Ware to serve as a member of the Bicycling Advisory Committee with a term to expire on May 1, 2018, confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Turiel, Siegel, O’Keefe, Milo, McCarthy, Legault, Gerard, Furey, Famico, Eppley and Sargent were recorded as voting in the affirmative.
Councillor Siegel moved for suspension of the rules to allow Ms. Ware to speak. There was no objection.
(#263) – APPOINTMENT OF REED CUTTING TO THE HISTORICAL COMMISSION
Held from the last meeting, the Mayor’s appt. of Reed Cutting to serve as a member of the Historical Commission with a term to expire on May 1, 2017 confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Turiel, Siegel, O’Keefe, Milo, McCarthy, Legault, Gerard, Furey, Famico, Eppley and Sargent were recorded as voting in the affirmative.
Councillor Siegel moved for suspension of the rules to allow Mr. Cutting to speak. There was no objection.
#295 – APPOINTMENT OF CRAIG THOMAS TO RENEWABLE ENERGY TASK FORCE
The Mayor’s appointment of Craig Thomas to serve as a member of the Renewable Energy Task Force with a term to expire on December 3, 2015, was held under the rules until the next meeting of May 28, 2015.
#296 – APPOINTMENT OF PAUL VICCICA TO ZONING BOARD OF APPEALS
The Mayor’s appointment of Paul Viccica to serve as a member of the Zoning Board of Appeals with a term to expire on March 1, 2016, was held under the rules until the next meeting of May 28, 2015.
#297 – REAPPOINTMENT OF TIM SHEA TO COMMUNITY PRESERVATION COMMITTEE
The Mayor’s reappointment of Tim Shea to serve as a member of the Community Preservation Committee with a term to expire on May 13, 2018, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Turiel, Siegel, O’Keefe, Milo, McCarthy, Legault, Gerard, Furey, Famico, Eppley and Sargent were recorded as voting in the affirmative.
#298 – APPROPRIATION TO “POLICE DEPT. – MEDICAL LINE” ACCOUNT
The following Order recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Thirty Thousand Dollars ($30,000.00) is hereby appropriated from the “Fund Balance – Free Cash” account to the “Police Department – Medical Line” account in accordance with the recommendation of Her Honor the Mayor.
#299 – APPROPRIATION TO “PARK & RECREATION – GOLF COURSE” ACCOUNT
The following Order recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Thirty Thousand Dollars ($30,000.00) is hereby appropriated from the “Receipts Reserved – Golf Course” account to “Park & Recreation – Golf Course” account in accordance with the recommendation of Her Honor the Mayor.
#300 – APPROPRIATION TO BE EXPENDED FOR SALEM SPINS BIKE, RACKS & SIGNAGE
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance co-posted with the Committee of the Whole under the rules.
ORDERED: That the sum of Six Thousand Five Hundred Dollars ($6,500.00) is hereby appropriated within the “Capital Outlay – Equipment” account to be expended for the purchase of Salem spins bike, racks and signage for the Planning Department in accordance with the recommendation of Her Honor the Mayor.
#301 – APPROPRIATION FOR BUYBACK FOR THE RETIREMENT OF KATHERINE FABISZEWSKI
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance co-posted with the Committee of the Whole under the rules.
ORDERED: That the sum of Two Thousand, One Hundred Twenty-Six Dollars and Thirty-Three Cents ($2,126.33) is herby appropriated in the “Retirement Stabilization Fund – Vacation Sick Leave Buyback” to be expended for the FY 2015 contractual buyback for the retirement of Katherine Fabiszewski from the Treasurer’s Department in accordance with the recommendation of Her Honor the Mayor.
#302 – DONATION FOR COUNCIL ON AGING
The following Order recommended by the Mayor, was adopted.
ORDERED: To accept donations listed below in the amount of Three Thousand Five Hundred Dollars ($3,500.00) to help defray monthly costs for senior activities. These funds will be deposited into the Council on Aging Fund in accordance with the recommendation of Her Honor the Mayor.
Donation From Amount
Friends of the Council $2,500.00
Mary Wegner $1,000.00
Total $3,500.00
#303 – DONATION OF GENERATOR FOR MAYOR LEVESQUE COMMUNITY LIFE CENTER
The following Order recommended by the Mayor, was adopted.
ORDERED: The City of Salem hereby accepts a gift of one Kohler Model #250REOZD diesel generator from the Peabody Essex Museum. It is expected that this generator will be used at the new Mayor Levesque Community Life Center to supply emergency back-up power.
#304 – DONATION OF TABLES AND CHAIRS FOR USE IN THE DOWNTOWN
The following Order recommended by the Mayor, was adopted.
ORDERED: The City of Salem hereby accepts a donation from Vini Kurti, the owner of the Adriatic Restaurant, of ten tables and thirty-eight chairs. The tables and chairs shall be placed on the Essex Street pedestrian mall, around the East India Square fountain and in Derby Square, in keeping with our efforts to keep our downtown public spaces engaged, active and vibrant.
#305 – REVOLVING FUNDS FOR FISCAL YEAR 2016
The following Order recommended by the Mayor, was adopted.
ORDERED: That the Salem City Council vote, pursuant to the provisions of MGL Chapter 44, Section 53E ½ to authorize the establishment of the revolving funds for FY2016 as herein described. Expenditures from said funds shall not exceed the amount of funds received in the respective accounts or as authorized as stated, shall come from any funds received by the respective boards for performing services, shall be used solely for the purpose of implementing the programs delineated and shall be approved by a majority vote of any respective boards in accordance with the recommendation of Her Honor the Mayor.
Department Fund Name FY 2015 Max annual expenditures
COA COA Programs $25,000.00
Fire R/A Local Emergency
Planning Comm $10,000.00
Fire R/A Confined Space Drills $48,000.00
Harbormaster Boat/Float Storage $35,000.00
Health Health Clinics $20,000.00
Mayor Special Events $125,000.00
Recreation Winter Island $30,000.00
Recreation Salem Willows Meters $25,000.00
Recreation Witch House $5,000.00
Planning & Community
Development Salem Ferry Operational $500,000.00
Planning & Community
Development Old Town Hall $35,000.00
Insp Services Abandoned property
Maintenance $5,000.00
Engineering Environmental Fund $30,000.00
Engineering Traffic Island $25,000.00
Engineering Sticker program $25,000.00
(previously DPW)
School Building Rental $200,000.00
School Early Childhood $100,000.00
School School Busing $100,000.00
School Night School $50,000.00
School Special Ed Tuition $200,000.00
School SHS Automotive $50,000.00
#306 – ORDINANCE RELATIVE TO FIRE PREVENTION & PROTECTION
The following Ordinance recommended by the Mayor, was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole.
In the year two thousand and fifteen
An Ordinance to amend an Ordinance relative to fire prevention and protection
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 20, Fire Prevention and Protection is hereby amended by inserting a new article as follows:
“ARTICLE IV. TRUSS CONSTRUCTION IDENTIFICATION OF RESIDENTIAL, COMMERCIAL AND INDUSTRIAL BUILDINGS
Sec. 20-150. Purpose
This ordinance provides that residential, commercial and industrial buildings that utilize truss type construction shall be marked by an exterior mounted emblem that informs persons conducting fire suppression and other emergency operations of the existence of truss construction.
Sec. 20-151. Definitions
Residential, commercial and industrial buildings and structures shall mean those buildings and structures classified as such by the Salem Building Department using the classification system found in 780 CMR, the Massachusetts State Building Code or its successor.
Truss construction shall mean a fabricated structure of wood, steel or combination thereof, made up of a series of members connected at their ends to form a series of triangles to span a distance greater than would be possible with any of the individual members on their own. Truss type construction shall not include individual wind or seismic bracing components which form triangloes when diagonally connected to the main structure system.
Sec. 20-152. Enforcement/Penalty
The Fire Chief or his or her designee shall be responsible for ensuring the proper placement of emblems on buildings or structures covered by this ordinance. The Salem Building Department shall only release a certificate of occupancy to those buildings or structures found to be in compliance with the requirements of this ordinance.
All three or more unit multi-family residential, commercial, and industrial buildings in existence at the time this ordinance shall be required to have an emblem or emblems placed in the locations identified by the Fire Chief, or his designee, within 90 days of the passage of this ordinance. All existing one and two family dwellings shall allow for the placement of this identifying emblem when undergoing additions or alterations requiring a building permit or when such construction type is identified.
Any person who fails to permit the posting of a building or structure as set forth in this ordinance, or who removes or willingly obstructs from view, the fire official’s designated posting, shall be punished by a fine not exceeding fifty dollars ($50.00) for each offense. Every day that a violation continues, after its abatement has been ordered by the Fire Chief or designee and sufficient time has elapsed to permit abatement, shall constitute a new offense.
Section 20-153. Approved Emblems/Fee
#307 – HOME RULE PETITION FOR BRODIE’S SEAPORT, HOWLING WOLF TAQUERIA & NAUMKEAG ORDINARY
The following Order recommended by the Mayor was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole.
ORDERED:
That a petition to the General Court, accompanied by a bill for the conversion of three currently issued annual wine and malt liquor licenses, issued pursuant to Chapter 149 of the Acts of 2011, to annual all alcohol liquor licenses to be drunk on the premises notwithstanding the provisions of Sections 17 and 17A of chapter 138 of the General Laws as set forth below, be filed with an attested copy of this Order be, and hereby is, approved under Clause (1) of Section 8 of Article 2, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that the following legislation be adopted, except for amendments by the Senate or House of Representatives which conform to the intent of this home rule petition:
AN ACT authorizing the City of Salem to convert three currently issued annual wine and malt licenses, originally issued pursuant to Chapter 149 of the Acts of 2011, to annual all alcohol licenses to be drunk on the premises.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Notwithstanding sections 17 and 17A of chapter 138 of the General Laws, the licensing authority of the City of Salem may convert one annual license for the sale of wines and malt beverages to be drunk on the premises under section 12 of said chapter 138, originally issued pursuant to Section 5 of Chapter 149 of the Acts of 2011, and currently issued to MMJ Partners, LLC , Inc. d/b/a Brodie’s Seaport at 215 Derby Street, to an annual license for the sale of all alcohol to be drunk on the premises under said section 12 of said chapter 138 to MMJ Partners, LLC , Inc. d/b/a Brodie’s Seaport at 215 Derby Street. An annual license converted under this section shall be subject to all of said chapter 138, except sections 17 and 17A. The licensing authority shall
not approve the transfer of the license converted pursuant to this section to any other location, but it may grant the license to a new applicant at the same location if the applicant for the license files with the authority a letter from the department of revenue and a letter from the division of unemployment assistance indicating that the license is in good standing and that all applicable taxes have been paid.
If the license converted pursuant to this section is cancelled, revoked or no longer in use at the location of original issuance, it shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority which may then grant the license to a new applicant at the same location under the same conditions as specified in this section.
SECTION 2. Notwithstanding sections 17 and 17A of chapter 138 of the General Laws, the licensing authority of the City of Salem may convert one annual license for the sale of wines and malt beverages to be drunk on the premises under section 12 of said chapter 138, originally issued pursuant to Section 6 of Chapter 149 of the Acts of 2011, and currently issued to AJJ Restaurant Group, Inc. d/b/a The Howling Wolf Taqueria at 76 Lafayette Street, Unit 102, to an annual license for the sale of all alcohol to be drunk on the premises under said section 12 of said chapter 138 to AJJ Restaurant Group, Inc. d/b/a The Howling Wolf Taqueria at 76 Lafayette Street, Unit 102. An annual license converted under this section shall be subject to all of said chapter 138, except sections 17
and 17A. The licensing authority shall not approve the transfer of the license converted pursuant to this section to any other location, but it may grant the license to a new applicant at the same location if the applicant for the license files with the authority a letter from the department of revenue and a letter from the division of unemployment assistance indicating that the license is in good standing and that all applicable taxes have been paid.
If the license converted pursuant to this section is cancelled, revoked or no longer in use at the location of original issuance, it shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority which may then grant the license to a new applicant at the same location under the same conditions as specified in this section.
SECTION 3. Notwithstanding sections 17 and 17A of chapter 138 of the General Laws, the licensing authority of the City of Salem may convert one annual license for the sale of wines and malt beverages to be drunk on the premises under section 12 of said chapter 138, originally issued pursuant to Section 7 of Chapter 149 of the Acts of 2011, and currently issued to Buckeye Hospitality, LLC d/b/a Naumkeag Ordinary at 118 Washington Street, Unit C, to an annual license for the sale of all alcohol to be drunk on the premises under said section 12 of said chapter 138 to Buckeye Hospitality, LLC d/b/a Naumkeag Ordinary at 118 Washington Street, Unit C. An annual license converted under this section shall be subject to all of said chapter 138, except sections 17 and 17A. The
licensing authority shall not approve the transfer of the license converted pursuant to this section to any other location, but it may grant the license to a new applicant at the same location if the applicant for the license files with the authority a letter from the department of revenue and a letter from the division of unemployment assistance indicating that the license is in good standing and that all applicable taxes have been paid.
If the license converted pursuant to this section is cancelled, revoked or no longer in use at the location of original issuance, it shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority which may then grant the license to a new applicant at the same location under the same conditions as specified in this section.
SECTION 4.(a) The city of Salem shall charge a fee for the conversion to an annual license for the sale of all alcoholic beverages pursuant to this act that shall be paid by the licensee at the time of issuance unless the licensing authority agrees to enter into an arrangement with the licensee which would enable the fee to be divided into multiple payments or prorated over multiple periods of time. If the city elects to accept prorated payments over time from the licensee, the option shall be made available, upon request, to all qualified applicants for licensure.
(b) Any fee collected by the city of Salem for a license converted pursuant to this act that is greater than the amount of the fee charged for an annual renewal of a similar license issued by the city, shall be deposited into an economic development account which shall be established by the city of Salem to be expended by it in a manner consistent with the purposes of the account.
SECTION 5. This act shall take effect upon its passage.
#308 – APPROPRIATION TO “DPS – CONTRACTED SERVICES”
Received after the deadline of Tuesday noon under suspension of the rules.
Referred to the Committee on Administration and Finance.
ORDERED: That the sum of Twenty-Five Thousand ($25,000.00) dollars is hereby appropriated within the “Fund Balance – Free Cash” account to the “DPS – Contracted Services” account to cover expenses related to extensive tree work required throughout the City due to the sever winter and resulting tree damage in accordance with the recommendation of Her Honor the Mayor.
#309 – ORDINANCE TRAFFIC HANDICAPPED PARKING, OBER STREET
Councillor Eppley introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and fifteen
An Ordinance to amend an Ordinance relative to Traffic
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 50B, “Handicapped Zones, Limited Time” is hereby amended by adding the following:
Ober Street, in front of #11, for a distance of twenty (20) feet, “Handicap Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#310 – MONTHLY FINANCIAL REPORT
Councillor Turiel introduced the following Order, which was adopted.
ORDERED: That the Monthly Financial Report dated April 30, 2015 be referred to the Committee on Administration and Finance.
#311 – (#284 - #287) GRANTING LICENSES
Councillor Siegel offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred granting certain licenses has considered said matter and would recommend that the following licenses be granted
SECOND HAND Five Hands Curiosity Shoppe, 55 Lafayette St., Salem
VALUABLE
TAG DAYS Polish Legion of American Vets, 8/1/15 & 8/8/15
S.H.S. Girls Soccer, 9/26/15 & 10/31/15
S.H.S. Field Hockey, 10/3/15 & 10/18/15
#312 – APPROPRIATION FOR CPA BUDGET FOR FISCAL YEAR 2016
The following Order was submitted by Jane Guy, Assistant Community Development Director for CPA Budget for Fiscal Year 2016, was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Turiel, Siegel, O’Keefe, Milo, McCarthy, Gerard, Furey, Famico, Eppley and Sargent were recorded as voting in the affirmative.
ORDERED: That Five Hundred and Thirty-One Thousand Dollars ($531,000.00) is hereby appropriated to the CPA funds for Fiscal Year 2016 to the accounts listed below in accordance with the recommendation of Her Honor the Mayor.
Fund Description Amount
2001 CPA- General Admin-Expenses 22,550.00
2001 CPA-General Admin-Stipends 4,000.00
2001 CPA-General Admin-Reserves 345,150.00
2002 CPA-Open Space-Reserves 53,100.00
2003 CPA-Historical Preserv.-Reserves 53,100.00
2004 CPA-Community Housing-Reserves 53,100.00
#313 – APPROPRIATION TO FISCAL YEAR 2016 CPA PROJECTS
The following Order submitted by Jane Guy, Assistant Community Development Director for CPA Funds for FY2016, was referred to the Committee on Administration and Finance co-posted with Committee of the Whole.
ORDERED: That Six Hundred and Fifty Thousand Nine Hundred and Seventy-Five Dollars ($650,975.00) is hereby appropriated within the CPA Funds for the Fiscal Year 2016 projects listed below in accordance with the recommendation of Her Honor the Mayor.
FY |
Fund |
nd Name |
Description |
Org/Obj |
Amount |
Total |
2016 |
2004 |
Community Housing |
NSCDC: Harbor/Lafayette |
2004316-5806xx |
53,100.00 |
~ |
2015 |
2001 |
CPA General Funds |
NSCDC: Harbor/Lafayette |
2001315-5806xx |
46,900.00 |
100,000.00 |
2015 |
2001 |
CPA General Funds |
Hamilton Hall: Windows |
2001315-5806xx |
20,000.00 |
20,000.00 |
2016 |
2001 |
CPA General Funds |
Salem Common Fence |
2001316-5806xx |
60,000.00 |
60,000.00 |
2016 |
2003 |
Historical Restoration |
Charter St. Burial Ground |
2003316-5806xx |
8,250.00 |
~ |
2015 |
2001 |
CPA General Funds |
Charter St. Burial Ground |
2001315-5806xx |
82,300.00 |
90,550.00 |
2016 |
2003 |
Historical Restoration |
7 Gables: Hawthorne birthplace roof |
2003316-5806xx |
19,850.00 |
19,850.00 |
2016 |
2001 |
CPA General Funds |
Dickson Chapel @ Greenlawn |
2001316-5806xx |
7,637.25 |
~ |
2015 |
2001 |
CPA General Funds |
Dickson Chapel @ Greenlawn |
2001315-5806xx |
69,787.75 |
~ |
2015 |
2001 |
CPA General Funds |
Dickson Chapel @ Greenlawn |
2001315-5806xx |
8,575.00 |
86,000.00 |
2016 |
2003 |
Historical Restoration |
Artwork Restoration: Council Chambers |
2003316-5806xx |
25,000.00 |
25,000.00 |
2016 |
2001 |
CPA General Funds |
Mary Jane Lee Park |
2001316-5806xx |
85,575.00 |
85,575.00 |
2016 |
2001 |
CPA General Funds |
Salem YMCA: Camp Naumkeag |
2001316-5806xx |
25,000.00 |
25,000.00 |
2016 |
2002 |
Open Space |
Forest River Trails |
2002316-5806xx |
15,000.00 |
15,000.00 |
2016 |
2002 |
Open Space |
Bates School playground |
2002316-5806xx |
45,000.00 |
45,000.00 |
2016 |
2002 |
Open Space |
McGlew Park soft costs |
2002316-5806xx |
38,100.00 |
~ |
2015 |
2001 |
CPA General Funds |
McGlew Park soft costs |
2001315-5806xx |
40,900.00 |
79,000.00 |
|
|
|
|
|
|
|
~ |
~ |
~ |
~ |
~ |
650,975.00 |
650,975.00 |
#314 – BLOCK PARTY
A request from residents of Federal, Andover and Beckford Streets to hold a Block party at that intersection on Sunday, May 17, 2015 from 4:00 P.M. to 7:00 P.M. with a rain date of Sunday, May 24, 2015, was granted.
#315 – LICENSE APPLICATIONS
The following license applications were granted.
PUBLIC GUIDES: Francis Pelletier, 703 Ferncroft Tower, Danvers
Michael Ruocco, 17 Lee Ct., Lynn
Margaret Ricker, 3 Island Ave., Salem
#316 -#320 LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
SEAWORM Jose Bettencourt, 54 Fulton St., Peabody
Robert Bettencourt, 54 Fulton St., Peabody
TAG DAYS S.H.S. Baseball, 5/29/15 & 6/13/15
Salem Fire Dept., 8/2/15 & 10/24/15
S.H.S. Football Cheering 8/22/15, 9/5/15, 10/11/15
#321 - #326 CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Donald King, 12 Ober St., Salem
Monieke McNeil, 195 Jefferson Ave., Salem
Jean Martin, 24 Leavitt St., Salem
Alvin Hall, 2 Tybee Lane, Salem
Paul Tremblay, 5 Fitzgerald Way, Beverly
Debra Vernava, 4 Sophia Rd., Salem
(#271) – SECOND PASSAGE ORDINANCE TRAFFIC, REPEAL HANDICAP PARKING JEFFERSON AVENUE
The matter of second passage of an Ordinance amending Traffic Ch. 42 Sec. 50B, Handicap Parking, Repeal Jefferson Avenue was then taken up. It was adopted for second and final passage.
On the motion of Councillor O’Keefe the meeting adjourned at 8:00 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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