January 24, 2005 - Yonkers City Council Meeting.
Stated Meeting 8:00 P.M.
City Council Chambers
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 24, 2006
TIME:
PRESENT: PRESIDENT OF THE COUNCIL
CHUCK LESNICK
DISTRICT
1 MAJORITY LEADER PATRICIA D. McDOW
4 MINORITY LEADER LIAM J. McLAUGHLIN
COUNCIL MEMBERS:
DISTRICT
SANDY ANNABI
DENNIS M. ROBERTSON
5 JOHN M. MURTAGH
6 DEE BARBATO
Recitation of the Pledge of Allegiance to the Flag followed by a minute of silence to invoke God’s guidance and Blessing upon our deliberations.
Minutes of the Stated Meeting held on Tuesday, January 10, 2006 approved on motion of Majority Leader Patricia D. McDow.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 24, 2006
INDEX
ITEM DESCRIPTION PAGE
RES. SETTLEMENT - McNAMARA 4
RES. SETTLEMENT - STAFFA 5
RES. APPOINTMENT DPW DEPUTY - BELLEW 6
RES. BUFFER ZONE GRANT- YPD- $150,000 7
RES. SNOW/ICE AGREEMENT - COUNTY ROADS 8
RES. RE-APPOINTMENT -PARKS BOARD - HOLST 9
RES. RE-APPOINTMENT- PARKS BOARD - BLUM 10
RES. RE-APPOINTMENT - PARKS BOARD -TRUSA 11
RES. TARGET REALTY LICENSE AGREEMENT 12/15
RES. COMMISSIONERS OF DEEDS 16
RES. STOP THE VIOLENCE 17
RES. HONORARIUM - HABITAT FOR HUMANITY 18
RES. HONORARIUM - ESACK 19
RES. HONORARIUM - GIANNASCA 20
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 24, 2006
COMMUNICATIONS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 24, 2006
RESOLUTION
1. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS ANNABI, ROBERTSON, MURTAGH AND BARBATO:
RESOLVED, by the City Council of The City of Yonkers, in meeting
assembled:
That the settlement by the Corporation Counsel in the amount of ONE THOUSAND AND 00/100 DOLLARS ($1,000.00), of the action entitled "EDWARD J. McNAMARA and ANGIE M. McNAMARA, Plaintiffs, (residing at 54 Midwood Avenue, Yonkers, New York 10701), against the CITY OF YONKERS, Defendant", for property damage arising out of an incident wherein it is alleged that on October 12, 2004 the Department of Public Works excavated the sidewalk at 56 Midwood Avenue in the City of Yonkers causing damage and leakage to the water service line of 54 Midwood Avenue and resulting in the requirement that the Plaintiff replace the water service line, be and the same hereby is approved and the Comptroller of the City of Yonkers is directed to draw his warrant in the amount of ONE THOUSAND AND 00/100 DOLLARS ($1,000.00) in favor of said plaintiffs.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 24, 2006
RESOLUTION
2. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS ANNABI, ROBERTSON, MURTAGH AND BARBATO:
RESOLVED, by the City Council of the City of Yonkers, in meeting assembled:
That the settlement by the Corporation Counsel in the amount of ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00) of the action entitled, "Albert R. Staffa, (residing at 329 Mile Square Road, Yonkers, New York 10701) plaintiff against THE CITY OF YONKERS AND ANTHONY J. RAUSO, Defendants", for personal injuries arising out of an alleged incident alleging that a City vehicle came into contact with his vehicle, be and the same hereby is approved and the Comptroller of the City of Yonkers is directed to draw his warrant in the amount of ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00) in favor of said plaintiff and his attorneys Della, Mura & Ciacci, LLP, 977B Allerton Avenue, Bronx, New York 10469.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 24, 2006
RESOLUTION
3. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS ANNABI, ROBERTSON, MURTAGH AND BARBATO:
BE IT RESOLVED, that the Yonkers City Council hereby gives its
advice and consent to the appointment of MARTIN J. BELLEW, as Deputy Commissioner of Public Works, and be it further RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 24, 2006
RESOLUTION
4. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS ANNABI, ROBERTSON, MURTAGH AND BARBATO:
WHEREAS, the New York State Office of Homeland Security has awarded the City of Yonkers a $150,000.00 Buffer Zone Protection Program Grant for the fiscal year 2005, designed to reduce the vulnerabilities of critical infrastructures/key resources sites by extending the protected area around a site into the surrounding community and supporting the prevention and preparedness efforts of the local first responders; and
WHEREAS, the Mayor of the City of Yonkers is hereby authorized to execute such agreement with the New York State Office of Homeland Security in order to provide such funds to the Police Department of the City of Yonkers;
NOW, THEREFORE BE IT RESOLVED, that the Mayor of the City of Yonkers is hereby authorized to execute the grant agreement with New York State Office of Homeland Security in order to implement the Buffer Zone Protection Program; and be it further RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 24, 2006
RESOLUTION
5. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS ANNABI, ROBERTSON, MURTAGH AND BARBATO:
RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF YONKERS AND THE COUNTY OF WESTCHESTER FOR THE RENEWED SNOW AND ICE AGREEMENT FOR DESIGNATED COUNTY ROADS
2005 - 2010.
WHEREAS, in accordance with an agreement between the County of Westchester and the City of Yonkers, the County of Westchester has submitted a renewed five-year agreement commencing October 1, 2005 and terminating September 30, 2010 for the removal of snow and ice from designated County roads within the municipality; and WHEREAS, this agreement, a copy of which is attached, retains the annual C.P.I. escalation provision, subject to a 3.5% cap; and NOW, THEREFORE, BE IT RESOLVED, that the Snow and Ice Agreement between the County of Westchester and the City of Yonkers for the removal of snow and ice from certain designated County roads within the City of Yonkers for the years 2005 through 2010 is hereby approved; and be it further, RESOLVED, that this resolution will take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 24, 2006
RESOLUTION
6. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS ANNABI, ROBERTSON, MURTAGH AND BARBATO:
BE IT RESOLVED that the Yonkers City Council hereby gives its advice and consent to the re-appointment of Milton Holst, to the Yonkers Board of Parks, Recreation and Conservation for a term to expire on 12/31/08.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 24, 2006
RESOLUTION
7. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS ANNABI, ROBERTSON, MURTAGH AND BARBATO:
BE IT RESOLVED that the Yonkers City Council hereby gives its advice and consent to the re-appointment of Herbert Blum, to the Yonkers Board of Parks, Recreation and Conservation for a term to expire on 12/31/08.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 24, 2006
RESOLUTION
8. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS ANNABI, ROBERTSON, MURTAGH
AND BARBATO:
BE IT RESOLVED that the Yonkers City Council hereby gives its advice and consent to the re-appointment of Stephen Trusa, to the Yonkers Board of Parks, Recreation and Conservation for a term to expire on 12/31/08.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 24, 2006
RESOLUTION
9. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS ANNABI, ROBERTSON, MURTAGH AND BARBATO:
RESOLUTION APPROVING THE RENEWAL OF A LICENSE AGREEMENT FOR THE USE OF 180 LINDEN STREET (BLOCK 465, LOT 34) BY AMA TARGET REALTY, INC.
WHEREAS, this Council had previously approved a license agreement pursuant to Resolution No. 181-1989 and renewal of said agreement pursuant to Resolution No. 161-1993 and Resolution No. 45-2003 and,
WHEREAS, AMA Target Realty, Inc. with a mailing address at P.O. Box 157, Yonkers, New York 10703, had previously received permission from the City Council to use City-owned property at 180 Linden Street, Block 465, Lot 34, and WHEREAS, said license agreement contains a renewal clause for an additional term of not more than three years subject to City Council approval and WHEREAS, 180 Linden Street, Block 465, Lot 34, was obtained by the City of Yonkers through In-Rem foreclosure and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YONKERS:
1.The Mayor of the City of Yonkers is hereby authorized to enter a renewal of a license agreement with AMA Target Realty, Inc. for the use of 180 Linden Street, Yonkers, New York with AMA Realty, Inc. subject to the following terms and conditions:
The renewal term shall be for a term of not more than three years (February 1, 2006 to January 31, 2009).
The license fee shall be in the sum of $5,190.00 per year for said years (February 1, 2006 to January 31, 2009).
The licensee shall continue to deposit with the City, the sum of six (6) months fee as security.
Use of licensed property shall be limited to the parking of vehicles by staff, tenants or patrons of the licensee
while in attendance at the licensee’s premises and for no other purpose, and licensee shall not impose and fee to staff, tenants or patrons for this privilege.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 24, 2006
RESOLUTION (CONTINUED)
The use of the licensed property shall conform with all applicable City ordinances, State and Federal laws.
Any further improvements necessary for the use of the licensed property as a parking area are to made at the licensee’s expense and shall become the property of the City upon termination of the license.
g ) Every improvement shall be subject to the requirements of the City Engineer or the City Department of Bureau with jurisdiction with regard to fencing, paving, marking, signage, lighting, installation of bumper stops and guiderails and other safety precautions.
Licensee shall, at its sole cost and expense, maintain and keep the property in good order, condition, and repair and free of snow, ice, litter, rubbish and debris.
Licensee shall, at all times, maintain unobstructed access to the premises for fire, police and other emergency vehicles and personnel, and permit regular inspection of said premises by any Department or Agency of Licensor.
Licensee shall not assign, transfer, encumber or sublease the premises, or any part thereof, or any right or privilege connected therewith, without prior written consent of the City.
Licensee shall not make any alterations, additions or improvements in, on, to, or about premises without the prior written consent of the City Engineer and the Director of Real Estate.
Licensee shall comply with all laws, orders, ordinances, and other public requirements now or hereafter affecting the premises or the use thereof, and save the City harmless from expense or damage resulting from failure to do so. The licensed premises are not exempted from compliance with zoning or any other municipal codes or ordinances nor from any other requirements of law due to title being in the name of the City.
In the event that water, sewer or drain lines are required to be installed or repaired, or public utility lines have been or are required to be installed or repaired, or, in the event that the licensed premised are needed for City purposes, this license may be cancelled and terminated by the City without penalty, at any time upon thirty (30) days written notice to the Licensee at the address designated for that purpose.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 24, 2006
RESOLUTION
The Licensee shall be required to defend, indemnify and hold harmless the City of Yonkers, its officers, agents, and employees from any loss, liability, expense, cost, or damaged that may occur or be claimed with respect to any person or property on, in or about the licensed premises or the licensed premises itself resulting from any act done or omission by or through the licensee, its agents, employees, invitees, or any person on the premises by reason of the licensee’s use or occupancy or resulting from licensee’s non-use, or possession of such property and any and all loss, cost, liability or expense resulting therefrom, including all attorneys fees which may be incurred by the City of Yonkers in connection therewith.
Licensee shall be required to maintain the premises in a safe and careful manner. During the term of the license, the licensee shall be required to obtain, pay all premiums for, and furnish certificates to, the City for insurance as specified herein:
Public liability insurance protection the parties hereto, their agents, officers, elected officials, representatives, or employees because of liability incurred by the parties hereto in the performance of the terms of this lease when such liability imposed on account of injury to or death of a person or persons, such policy to provide limits on account of any accident resulting in injury or death to one person of not less than $1,000,000.00 and a liability limit on account of any accident resulting in injury or death to more than one person of not less than $1,000,000.00 and a liability limit on account of any accident resulting in injury or death to more than one person of no less than $1,000,00.
Property damage insurance protecting the parties because of liability which may be incurred by the parties hereto, their officers, agents, elected officials, representatives, or employees in the performance of the terms of this lease, such policy to provide for a limitation on account of each accident of not less that $1,000,000.
All such policies of insurance shall name the City of Yonkers as an additional insured and/or co-insured and shall be with companies licensed to do business in New York State and acceptable to the City and shall require a minimum of sixty (60) days notice by Certified Mail, Return Receipt Requested, prior to the date of cancellation.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 24, 2006
RESOLUTION (CONTINUED)
p) If a default be made in any of the terms, covenants and conditions contained in this license renewal agreement which the Licensee has failed to cure upon ten (10) days written notice from Licensor to Licensee, Licensor may, at its option, declare the license forfeited, re-enter the premises and take possession thereof without recourse to any Court order.
q) Such other terms and conditions as, in the discretion of the Mayor, may be necessary and in the best interest of the City of Yonkers.
2. This resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 24, 2006
RESOLUTION
10. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS ANNABI, ROBERTSON, MURTAGH AND BARBATO:
BE IT RESOLVED, that the following applicant(s) are hereby appointed and/or reappointed to the office of Commissioner of Deeds for a period of two years to expire on January 31, 2008.
Gilberto Alomar
538 RiverdaleAve
Yonkers, NY 10705
Paralegal NEW
Wendy Connolly
165 Bolmer Ave
Yonkers, NY 10703
Office Manager - Yonkers Public Schools RENEWAL
Maureen P. Johnson
Bellevue Ave
Yonkers, NY 10703
Secretary - City of Yonkers NEW
Jeanne F. Michelin
90 Linn Ave
Yonkers, NY 10705
Principal Clerk - Yonkers Public Schools NEW
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 24, 2006
RESOLUTION
11. BY MAJORITY LEADER McDOW, COUNCIL PRESIDENT LESNICK,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS ANNABI, ROBERTSON, MURTAGH AND BARBATO:
Whereas, it is the intention of the City of Yonkers to eradicate the threat of violence, crime, gang activity and anti-social behavior, wherever possible, and
Whereas, while this is an ambitious goal -- whereby we acknowledge that these things will never be fully eliminated from our society as we know it – that does not mean that it is impossible and attempts should not be made to achieve it, and
Whereas, the vast majority of our residents – young and old – are law- abiding and wish to make sure that our communities improve, which will lead to the overall betterment of our City, and
Whereas, we must make every attempt to reach out to our young people, especially those who can be influenced to do what is right, but through peer pressure, social involvement or lack of positive role models, may be or have been won over to participate in nuisance or even violent behavior, and
Whereas, one way to do that is to encourage our young people with positive slogans to let them know that we support them and want them to do their best in life and make the right decisions that will help, not hinder them later in life.
Now, therefore be it resolved, that the City Council of Yonkers hereby supports and promotes the following slogan ‘Love Thyself Stop the Violence, Choose Life’ in line with Majority Leader Mc Dow’s Annual ‘Love Thyself Stop the Violence’ program for Yonkers and the new Violence/Gang Prevention Coalition initiated by the Nepperhan Community Center.
Be it further resolved that the City Council asks the Administration, including the Yonkers Police Department, the Yonkers Public Schools System, Yonkers Private Schools and community-based organizations that deal with youth to also support the ‘Love Thyself, Stop the Violence, Choose Life’.
Be it further resolved that we ask that this slogan be used in various outreach initiatives to young people (Family Day, education programs, etc.) to help the children of the City of Yonkers channel anger, seek positive activities (like volunteering), and shun negative activities like gang membership and anti- social behavior.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 24, 2006
RESOLUTION
12. BY COUNCIL MEMBER ANNABI, COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW, MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS ROBERTSON, MURTAGH AND BARBATO:
WHEREAS, the City of Yonkers is blessed to have many national and local organizations of volunteers willing to donate their time and efforts to our City, and
WHEREAS, Habitat for Humanity of Westchester, a nonprofit organization that works toward creating affordable-housing opportunities, is one of those organizations, headed by Jim Killoran and manned by volunteers from all over the world, and
WHEREAS, Habitat for Humanity has a long list of projects they have carried out in Yonkers, to benefit Yonkers residents and families, including building and rehabilitating homes on Willow Street and Porach Place, and
WHEREAS, this list of good will projects includes their annual "BUILDATHON," and
WEHREAS, the Martin Luther King Junior Weekend "BUILDATHON" traditionally kicks off the year for Habitat for Humanity of Westchester, and
WHEREAS, this year the "BUILDATHON" also includes the rehabilitation of an apartment which houses a grandmother and her eight grandchildren, who were also fortunate enough to be visited by the Surprise Santa, on Christmas Eve, and
WHEREAS, the City is especially grateful for the volunteers of Habitat for Humanity coming to the aid and rescue of this family on such short notice, an extreme make-over over a holiday weekend, which gave timely hope to this family, and renewed their spirits.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Yonkers, in union with the residents of the City, recognizes the contributions of Habitat for Humanity of Westchester, in providing assistance to families in need of safe, decent and affordable housing, while wishing them well on all of their future endeavors, as recognized on this, the Twenty-Fourth Day of January, Two Thousand and Six.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 24, 2006
RESOLUTION
13. BY COUNCIL MEMBER ANNABI, COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW, MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS ROBERTSON, MURTAGH AND BARBATO:
WHEREAS, our City is indeed fortunate to have community minded individuals who tend to the needs of the community, especially during times of special needs, such as Christmas, and
WHEREAS, Vincent Esack is one of those individuals, gracious and generous during a season of goodwill, who further serves as an inspiration to all residents, and
WHEREAS, Vincent Esack has never forgotten the joy of giving back to our City, and
WHEREAS, Vincent Esack, though uninterested in public praise and recognition, deserves to be hailed as a generous donor and as a surprise Santa, for helping to coordinate a gift exchange on Christmas Eve of December 2005, and
WHEREAS, Vincent Esack made it his personal mission, along with Michael Giannasca, to make a brighter Christmas for three families in Southwest Yonkers, as referred and selected by Cluster, Inc., working with the Council Office to share gifts with these children on Christmas Eve, and
WHEREAS, Vincent Esack, helped to personally procure and wrap thousands of dollars worth of presents for 14 children, traveling with Council Member Annabi, to visit some of the families without transportation and brought the children’s gifts to their doorstep, and
WHEREAS, Vincent Esack, further showed himself as a shining example of heartfelt good will, when after leaving one of the homes, he and Michael Giannasca, being so touched by the family, provided Christmas dinner for the family of twelve.
NOW, THEREFORE BE IT RESOLVED, that the Yonkers City Council, in recognition of and in gratitude for Vincent Esack’s dedicated efforts to make Christmas 2005 more special for less fortunate families, joins the Yonkers community in saluting him and in wishing him well on all of his future endeavors, recognized on this, the Twenty-Fourth Day of January, Two Thousand and Six.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 24, 2006
RESOLUTION
14. BY COUNCIL MEMBER ANNABI, COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW, MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS ROBERTSON, MURTAGH AND BARBATO:
WHEREAS, our City is indeed fortunate to have community minded individuals who tend to the needs of the community, especially during times of special needs, such as Christmas, and
WHEREAS, Michael Giannasca is one of those individuals, gracious and generous during a season of goodwill, who further serves as an inspiration to all residents, and
WHEREAS, Michael Giannasca has long served the local community as a lawyer, yet never has forgotten the joy of giving back to our City, and
WHEREAS, Michael Giannasca, though uninterested in public praise and recognition, deserves to be hailed as a generous donor and as a surprise Santa, for helping to coordinate a gift exchange on Christmas Eve of December 2005, and
WHEREAS, Michael Giannasca made it his personal mission, along with Vincent Esack, to make a brighter Christmas for three families in Southwest Yonkers, as referred and selected by Cluster, Inc., working with the Council Office to share gifts with these children on Christmas Eve, and
WHEREAS, Michael Giannasca, spoke directly with the families, to find out what the 14 children needed for a brighter Christmas, and personally procured and wrapped thousands of dollars worth of presents for 14 children, traveling with Council Member Annabi, to visit some of the families without transportation and brought the children’s gifts to their doorstep, and
WHEREAS, Michael Giannasca, further showed himself as a shining example of heartfelt good will, when after leaving one of the homes, he and Vincent Esack, being so touched by the families, provided Christmas dinner for one of the families.
NOW, THEREFORE BE IT RESOLVED, that the Yonkers City Council, in recognition of and in gratitude for Michael Giannasca’s dedicated efforts to make Christmas 2005 more special for less fortunate families, joins the Yonkers community in saluting him and in wishing him well in all of his future endeavors, recognized on this, the Twenty-Fourth Day of January, Two Thousand and Six.
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