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Tompkins County Legislature

Action Summary for Resolutions


Tuesday, June 19, 2018 5:30 PM
Legislature Chambers

Regular Agenda

Resolution No. 2018-131: Adoption of the 2018-2019 Operating Budget - Tompkins Cortland
Community College (ID #7849)

RESULT: ADOPTED [12 TO 0]


MOVER: Michael Lane, Member
SECONDER: Leslyn McBean-Clairborne, Member
AYES: Shawna Black, Amanda Champion, Deborah Dawson, Rich John, Anna Kelles,
Anne Koreman, Michael Lane, Leslyn McBean-Clairborne, David McKenna,
Glenn Morey, Martha Robertson, Michael Sigler
ABSTAIN: Henry Granison
EXCUSED: Daniel Klein

WHEREAS, a proposed operating budget for Tompkins Cortland Community College for the
fiscal year September 1, 2018, through August 31, 2019, has been presented to the Legislature of the
County of Tompkins pursuant to County Law and Section 6306 of the Education Law, and

WHEREAS, the Legislature has conducted a public hearing on said proposed budget on the 19th
of June 2018, and heard all persons wishing to speak on this topic, now therefore be it

RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That said
proposed 2018-2019 operating budget in the amount of $40,749,150 of which the total sponsoring
community contribution is in the amount of $4,650,364, be and the same hereby is approved,

RESOLVED, further, That the Tompkins County Legislature includes in the 2019 Tompkins
County Budget an amount to be determined pursuant to the approved plan for said College in effect as of
September 1, 2017, and that the amount when determined be raised by taxation in the County of
Tompkins in the fiscal year 2018,

RESOLVED, further, That this resolution shall become effective upon the adoption of a
concurrent resolution by the Cortland County Legislature.
SEQR ACTION: TYPE II-20

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Resolution No. 2018-132: Resolution to Authorize the County Administrator to Execute a


Memorandum of Understanding with Tompkins County Area Development, Inc., for Economic
Development Services (ID #7861)

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Action Summary for Resolutions
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Tuesday, June 19, 2018

RESULT: ADOPTED [12 TO 1]


MOVER: Anna Kelles, Member
SECONDER: Deborah Dawson, Member
AYES: Shawna Black, Amanda Champion, Deborah Dawson, Henry Granison, Rich
John, Anna Kelles, Anne Koreman, Michael Lane, David McKenna, Glenn
Morey, Martha Robertson, Michael Sigler
NAYS: Leslyn McBean-Clairborne
EXCUSED: Daniel Klein

WHEREAS, in the contemporary economy, local government plays a significant role in the
identification and realization of opportunities to increase the net wealth of the community by developing
and providing information critical to business location and expansion decisions and by assisting
businesses to access a variety of public sector economic development incentives, and

WHEREAS, Tompkins County has long chosen to contract with Tompkins County Area
Development (TCAD) to provide this service, and

WHEREAS, TCAD is a not-for-profit organization whose board includes representatives of the


business community, higher education, local government (including four County representatives), public
education, the tourism industry, and organized labor, and

WHEREAS, TCAD has maintained high levels of performance on behalf of the County, including
assisting a broad range of projects over the last five years, in which projects have paid $7.2 million in new
property taxes to Tompkins County and $38 million to other taxing jurisdictions and helped create
approximately 600 jobs for area residents through tax exempt financing provided by the County’s
Industrial Development Agency (IDA) and Local Development Corporation (LDC). In addition TCAD
fosters economic development through the negotiation of payment-in-lieu-of-tax agreements and by
undertaking general economic, demographic, infrastructure, and other analyses that assist business
decision-makers, and

WHEREAS, TCAD is financially supported by contributions from local businesses and


institutions, project-fee income generated by projects assisted by the County’s IDA and LDC, and
appropriations by local government, and

WHEREAS, prior to the 2008 recession, fee income generated by the County’s IDA and LDC
was robust, fueled by a strong national economy and several major institutional developments, allowing
TCAD’s budget to be balanced largely with IDA/LDC fee income and employer contributions that, in
turn, enabled the County to enjoy a strong economic development program at a minimal direct cost to the
County, and

WHEREAS, in the wake of the 2008 recession, private and institutional development slowed,
causing financial support for TCAD to shift from on-going IDA/LDC revenue to the reserves those
agencies had accumulated prior to the recession, and

WHEREAS, recognizing the need to maintain the programs and activities, in 2012 the
Legislature’s Planning, Development, and Environmental Committee commissioned a Task Force to
provide it advice regarding such alternative revenue structures, as well as any operational issues
associated with an alternative model, and

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Action Summary for Resolutions
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WHEREAS, the Task Force recommended a funding plan that phased-in the use of Room
Occupancy Tax revenue as one source of funds available to the County to address the TCAD funding
goals and such allocations of Room Occupancy Tax Revenue would contribute a portion, but not all, of
the County funds necessary to provide one-third of support for TCAD’s budget, and

WHEREAS, the recommendations from the Planning, Development, and Environmental


Committee were implemented into a 5-year Memorandum of Understanding (2014-2018) with TCAD to
continue to provide economic development services, and

WHEREAS, after discussion and feedback from community stakeholders, review and analysis of
the prior four years of the current Memorandum of Understanding, the County Administrator is
recommending a successor Memorandum of Understanding continuing the use of Room Occupancy Tax
revenue as a partial source of funds available to the County to address TCAD funding goals, now
therefore be it

RESOLVED, on recommendation of the Planning, Development, and Environmental Quality


Committee, That the use of hotel tax revenues be limited to no more than seventy-five percent (75%) of
Tompkins County’s payments to Tompkins County Area Development in 2019, fifty percent (50%) in
2020 and 2021, and twenty-five percent (25%) in 2022 and 2023,

RESOLVED, further, That the Legislature hereby authorizes the County Administrator to enter
into a 5-year successor Memorandum of Understanding dated January 1, 2019, to December 31, 2023, to
implement said recommendations.
SEQR ACTION: TYPE II-20

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Consent Agenda

RESULT: ADOPTED [UNANIMOUS]


MOVER: Shawna Black, Member
SECONDER: Glenn Morey, Member
AYES: Black, Champion, Dawson, Granison, John, Kelles, Koreman, Lane, McBean-
Clairborne, McKenna, Morey, Sigler
EXCUSED: Klein, Robertson

Resolution No. 2018-133: Authorization to Execute a Supplemental Agreement with Clark,


Patterson, Lee for Construction Inspection and Support Services –– CR 119, Coddington Road
Highway Safety Improvements at Burns Road and East King Road Intersections, Town of Ithaca,
PIN 3753.24 (ID #7843)

WHEREAS, the State of New York has included in the State Transportation Improvement
Program (the STIP) a Project whereby Federal sources will furnish 90%, State sources will furnish 7.5%,
and the County share is 2.5% of funding necessary for the reconstruction of Coddington Road at its
intersections with East King Road and Burns Road in the Town of Ithaca, (the “Project”), and

WHEREAS, Resolution No. 201 adopted on October 19, 2004, authorized a contract with

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Dewberry - Goodkind, Inc., for design services in connection with reconstruction of County Road 119,
Coddington Road in the Town of Ithaca, and

WHEREAS, during execution of the Project, Dewberry - Goodkind, Inc., assigned its rights and
obligations under said contract for design services to Clark, Patterson, Lee, said assignment having been
approved by the Tompkins County Risk Manager and New York State Department of Transportation
(NYSDOT), and

WHEREAS, Clark, Patterson, Lee satisfactorily provided design services and is qualified to
provide construction support and construction inspection services for the Project, and

WHEREAS, the County Highway Director has recommended Clark, Patterson, Lee as best
qualified to provide construction inspection services for the Project, now therefore be it

RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County
Administrator or his designee be and hereby is authorized to execute a supplemental agreement with
Clark, Patterson, Lee, with offices located at 205 St. Paul Street, Suite 500, Rochester, NY, for
Construction Inspection and Support Services in connection with the referenced project for an amount not
to exceed $159,000,

RESOLVED, further, That the County Administrator or his designee be authorized to execute
supplemental agreements on behalf of the County with cumulative value not to exceed 10% of the
aforementioned supplemental agreement amount, funds to be provided from account
HZ5103.59239.53.08 (Coddington Road Capital Account).
SEQR ACTION: Unlisted, Negative Declaration issued (No further action required)

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Resolution No. 2018-134: Appointment of Election Commissioner for 2019-2020 (ID #7886)

WHEREAS, Election Commissioner Stephen M. Dewitt's term is due to expire December 31,
2018, and

WHEREAS, the Tompkins County Democratic Committee, at its May 31, 2018, meeting
recommended Stephen M. Dewitt for reappointment to a two-year term, now therefore be it

RESOLVED, on recommendation of the Tompkins County Democratic Committee and the


Government Operations Committee, That Stephen M. Dewitt be and hereby is appointed Democratic
Party Elections Commissioner for the two-year term commencing January 1, 2019, and ending December
31, 2020.
SEQR ACTION: TYPE II-20

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Resolution No. 2018-135: Approving Tompkins County’s 2018 Title VI Program and Policies for
the Federal Transit Administration (ID #7860)

WHEREAS, pursuant to Title VI of the Civil Rights Act of 1964, 42 U.S.C. §2000d et seq (“the
Act”) and 49 CFR Part 21, the U.S. Department of Transportation and the Federal Transit Administration

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(FTA) prohibit discrimination on the basis of race, color, or national origin, and

WHEREAS, as a direct recipient of federal funds, Tompkins County is required to comply with
the requirements of the Act and applicable implementing regulations, and

WHEREAS, the County Title VI program includes oversight of Title VI compliance of


subrecipients, who receive FTA funds through the County including: Tompkins Consolidated Area
Transit, Inc. (TCAT), Gadabout Transportation Services, Inc., Cornell Cooperative Extension of
Tompkins County, Friends in Service Helping, Inc. (FISH), Women’s Opportunity Center, Inc., Human
Services Coalition, Inc. (2-1-1), and Ithaca Carshare, Inc., and

WHEREAS, pursuant to FTA Circular 4702.1B, the Tompkins County Legislature is required to
approve the County’s Title VI program, now therefore be it

RESOLVED, on recommendation of the Planning, Development, and Environmental Quality


Committee, That the Tompkins County Legislature hereby approves the 2018 Tompkins County Title VI
program and its submittal to the Federal Transit Administration.
SEQR ACTION: TYPE II-20

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Resolution No. 2018-136: Designating Tompkins County Energy Task Force As Climate Smart
Communities Task Force for Tompkins County (ID #7900)

WHEREAS, the Tompkins County Legislature through Resolution No. 2009-65 pledged to
participate in the New York State Department of Environmental Conservation’s “Climate Smart
Communities” Initiative in order to reduce greenhouse gas emissions and adapt to a changing climate, and

WHEREAS, a Climate Smart Communities Certification Program has been developed to provide
local governments with a framework to guide climate action and enable high-performing communities to
achieve recognition for their leadership, and

WHEREAS, Tompkins County achieved Climate Smart Communities certification on March 24,
2017, and, under the leadership of the Department of Planning and Sustainability, is now pursuing Silver
Certification, and

WHEREAS, achieving Silver Climate Smart Communities certification helps the County receive
better scores for some State funding applications, and provides recognition for the County’s climate
action leadership, and

WHEREAS, in order to achieve Silver certification, one of the mandatory actions is to establish
or designate a Climate Smart Communities Task Force, which serves as a central body of leadership that
promotes and supports climate mitigation and adaption in the community, and

WHEREAS, the purpose of the Tompkins County Energy Task Force is to provide the Tompkins
County Legislature and the Commissioner of Planning and Sustainability with advice and counsel on
energy, climate change, and energy-related economic development issues to ensure the successful
transition of the local energy system to support the County Legislature’s goals around greenhouse gas
emissions reduction and economic development, now therefore be it

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Action Summary for Resolutions
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RESOLVED, on recommendation of the Planning, Development, and Environmental Quality


Committee, That Tompkins County hereby designates the Tompkins County Energy Task Force as
Tompkins County’s Climate Smart Communities Task Force for the New York State Department of
Environmental Conservation’s Climate Smart Communities Initiative.
SEQR ACTION: TYPE II-20

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Resolution No. 2018-137: Authorizing a Public Hearing on Proposed Local Law No. a of 2018 - A
Local Law Overriding Tax Levy Limit for 2019 (ID #7894)

WHEREAS, according to New York State’s Property Tax Cap legislation, if a county government
decides to adopt a county budget with a property tax levy that exceeds the level set by the State, the
county government must pass a local law to override that cap, and

WHEREAS, information from New York State that enables calculation of the County’s 2019
property tax cap is not available until late summer, and

WHEREAS, in the event the County’s annual tax levy exceeds the allowable tax-levy limit
voluntarily or due to clerical or technical errors, New York State has the authority to penalize our County
unless we have already formally given ourselves permission to exceed the tax cap, and

WHEREAS, adopting said local law is not predictive of the final tax levy but will provide the
Tompkins County Legislature flexibility to exceed the Property Tax Cap if it is deemed necessary, now
therefore be it

RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That a


public hearing be held before the Tompkins County Legislature in the Legislative Chambers of the
Governor Daniel D. Tompkins Building, 121 East Court Street, Ithaca, New York, on July 3, 2018, at 5:30
p.m. thereof concerning proposed Local Law No. a of 2018 - A Local Law Overriding the Tax Levy
Limit for Fiscal Year 2019. At such time and place all persons interested in the subject matter will be
heard concerning the same,

RESOLVED, further, That the Clerk of the Legislature is hereby authorized and directed to place
proper notice of such public hearing in the official newspaper of the County.
SEQR ACTION: TYPE II-20

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Resolution No. 2018-138: Increase in Hours for Deputy Director of Youth Services (ID #7889)

WHEREAS, in order to continue to provide efficient and effective services, the Tompkins Youth
Services Department had proposed, and the County Administrator and the Human Resources Department
accepted, a reclassification of the position of Youth Services Specialist to be reclassified as Deputy
Director of Youth Services, and

WHEREAS, the position of Youth Services Specialist had consisted of the standard workweek of
35 hours per week (1.0 FTE), and

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Action Summary for Resolutions
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WHEREAS, the position of the Deputy Director of Youth Services has increased responsibilities
aligned with the reclassification, and

WHEREAS, by Administrative Policy 02-01, this Legislature must approve increases in the work
week as is required to fulfill this agreement, now therefore be it

RESOLVED, on recommendation of the Health and Human Services and the Budget, Capital, and
Personnel Committees, That the hours of the following position be changed as follows effective July 2,
2018:

1.0 FTE Deputy Director of Youth Services, position #4256, Management Grade 85. This change
increases the position to the standard work week. The approved hours of the position would increase
from 35 to 40 hours per week.

RESOLVED, further, That no change in the 2018 budget is needed to accomplish this change.
SEQR ACTION: TYPE II-20

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Regular Agenda

Resolution No. 2018-139: Resolution in Support of the New York State Bar Association Resolution
Calling for an Increase in Assigned Counsel Rates in the State of New York (ID #7880)

RESULT: ADOPTED [UNANIMOUS]


MOVER: Rich John, Member
SECONDER: David McKenna, Member
AYES: Shawna Black, Amanda Champion, Deborah Dawson, Henry Granison, Rich
John, Anna Kelles, Anne Koreman, Michael Lane, Leslyn McBean-Clairborne,
David McKenna, Glenn Morey, Michael Sigler
EXCUSED: Daniel Klein, Martha Robertson

WHEREAS, the provision of indigent representation is a mandated requirement for all counties in
the State of New York, and

WHEREAS, in Tompkins County mandated indigent representation is provided through the


Tompkins County Assigned Counsel Panel, which contracts with attorneys who are compensated at the
assigned counsel rates set by the State of New York, and

WHEREAS, recognizing that appropriate compensation of attorneys is necessary to meet the


requirements of quality legal representation as set forth by the United States Supreme Court in Gideon v.
Wainwright, and

WHEREAS, recognizing that the State of New York has identified and sought to address
deficiencies in its mandated representation of indigents through the Hurrell-Harring settlement, and
further noting that the State of New York has now sought to expand the foundations of this settlement to
all sixty two counties in New York, and

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WHEREAS, the State of New York in recent years has moved to address deficiencies in the
criminal justice system by increasing the rate of compensation for State judges and elected district
attorneys to meet the increasing financial realities of these positions, and

WHEREAS, the Assigned Counsel rates established by the State of New York have not been
increased since 2004, and further noting that the increase in attorney rates in 2004 was the first and only
such increase of attorney rates since 1986, and

WHEREAS, the lack of any increase in rates over this time period has created dire financial
restraints on the abilities of the legal community to provide quality legal representation under the
Assigned Counsel Program, and further noting that the lack of any increase in rates over this time period
has constrained the ability of attorneys and law firms to participate in the Assigned Counsel Program, and

WHEREAS, recognizing that the increasing financial inability of attorneys and law firms to
participate in Assigned Counsel Programs negatively affects the quality of representation through these
programs, and

WHEREAS, the appropriate level of compensation for attorneys paid through the Assigned
Counsel program is required in order to ensure that the required quality of representation of indigents
occurs in Tompkins County, and further noting that said appropriate level of compensation is required to
ensure the proper support and maintenance of legal institutions and processes in Tompkins County, and

WHEREAS, the New York State Bar Association House of Delegates has now passed a resolution
calling on the State of New York to increase assigned counsel rates in the State, and

WHEREAS, the Tompkins County Advisory Board on Indigent Representation supports the
following four provisions of the New York State Bar Association House of Delegates resolution: an
increase in the rates paid to assigned counsel in the State of New York; said increase should be
comparable to rates similar to that set for indigent defense in the federal system, and should be based on a
percentage comparable to the recent increases in judicial and elected district attorney salaries; a
mechanism providing for an annual review and adjustment as needed of Assigned Counsel rates based on
a formula using comparable compensation rates similar to the formula used by the Federal Criminal
Justice Act; the increase in rates should be a State expense and not result in an unfunded mandate to local
counties, now therefore be it

RESOLVED, on recommendation of the Public Safety Committee, That the Tompkins County
Legislature expresses its support as outlined in this resolution, for passage of the resolution of the New
York State Bar Association House of Delegates, calling for an increase in the assigned counsel rates in
New York State,

RESOLVED, further, That the increase in rates should be a State expense and not result in
another unfunded mandate to local counties,

RESOLVED, further, That copies of this resolution be sent to New York State Assemblywoman
Lifton, New York State Senators O’Mara, Seward, and Helming, Governor Cuomo, New York State
Assembly Speaker Heastie, New York State Assembly Minority Leader Kolb, New York State Senate
Majority Leader Flanagan, New York State Senate Democratic Conference Leader Stewart-Cousins.
SEQR ACTION: TYPE II-20

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Action Summary for Resolutions
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Resolution No. 2018-140: Approving Revisions to Administrative Policy 00-01: Minutes of Meetings
of the Legislature, Legislative Standing Committees, and Special Committees of the Legislature
(ID #7882)

RESULT: ADOPTED [UNANIMOUS]


MOVER: Deborah Dawson, Member
SECONDER: Michael Lane, Member
AYES: Shawna Black, Amanda Champion, Deborah Dawson, Henry Granison, Rich
John, Anna Kelles, Anne Koreman, Michael Lane, Leslyn McBean-Clairborne,
David McKenna, Glenn Morey, Michael Sigler
EXCUSED: Daniel Klein, Martha Robertson

WHEREAS, it is in the interest of Tompkins County government to have policies and procedures
that are current, accurate, and consistent, and

WHEREAS, Policy 00-01 was revised to ensure minutes provide an understandable record of a
meeting for members of the public, future readers, and those who are unable to attend a meeting, and

WHEREAS, Policy 00-01 has been reviewed and processed according to the guidelines of Policy
01-04, which governs the policy amendment process, and

WHEREAS, this policy also has been reviewed by the Government Operations Committees, now
therefore be it

RESOLVED, on recommendation of the Budget, Capital and Personnel and the Government
Operations Committees, That the revisions to Policy 00-01 - Minutes of Meetings of the Legislature,
Legislative Standing Committees, and Special Committees of the Legislature are hereby adopted.
SEQR ACTION: TYPE II-20

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Resolution No. 2018-141: Appropriation from Contingent Fund – Terminal-Pay Reimbursement –


Office of Employment and Training (ID #7867)

RESULT: RECOMMENDED [UNANIMOUS]


MOVER: Amanda Champion, Member
SECONDER: Deborah Dawson, Member
AYES: Shawna Black, Amanda Champion, Deborah Dawson, Henry Granison, Rich
John, Anna Kelles, Anne Koreman, Michael Lane, Leslyn McBean-Clairborne,
David McKenna, Glenn Morey, Michael Sigler
EXCUSED: Daniel Klein, Martha Robertson

WHEREAS, the Workforce Development One Stop Career Center had one Employment and
Training Clerk leave employment May 4, 2018, and

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Action Summary for Resolutions
Tompkins County Legislature
Tuesday, June 19, 2018

WHEREAS, the Fiscal Policy of Tompkins County allows for terminal-pay reimbursement to
Departments from the Contingent Fund, and

WHEREAS, the County’s Fiscal Policy (05-02) characterizes the Airport, Solid Waste, the Ithaca-
Tompkins County Transportation Council, and Workforce Development as enterprise units and therefore
not eligible for reimbursement of terminal pay, and

WHEREAS, unlike other enterprise units, the Workforce Development Board and the Office of
Employment and Training do rely on County revenue to sustain their operations and do not have an
alternative source of funding to support terminal pay, now therefore be it

RESOLVED, on recommendation of the Planning, Development, and Environmental Quality and


Budget, Capital, and Personnel Committees, That Section 5.03-A-4 of the County Policy 05-02,
prohibiting the use of County contingency funds to support terminal pay for Workforce Development, be
waived,

RESOLVED, further, That the Director of Finance is hereby authorized and directed to make the
following budget appropriation for 2018:

A FUND - General Fund

INCREASE EXPENSE ACCOUNT: A9502.54400 Contribution to Comm Dvlp $5,607.22

DECREASE EXPENSE ACCOUNT: A1990.54400 Contingent Fund $5,607.22

CD FUND - Community Development Fund

INCREASE REVENUE ACCOUNT: CD6292.42801 Interfund Revenues $5,607.22

INCREASE EXPENSE ACCOUNT: CD6292.51000779 Employment & Training Clerk $3,859.33


CD6292.58800 Fringe $1,747.89
SEQR ACTION: TYPE II-20

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