Town Manager Report for June 21, 2021

Amherst Indy June 25, 2021 0

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Source: amherstma.gov

Editor’s note: Town Manager Paul Bockelman submits a comprehensive report to the Town Council at each of its regular meetings. The reports, usually 9 to 12 pages in length, provide up-to-date information on what is happening within and across Town departments. The Manager’s Report is usually one of the last items on the agenda and is often taken up late at night, leaving little time for the Manager to do more than mention a few highlights and this is usually all that gets entered into the Council minutes. What follows is a complete, unedited version of the Town Manager’s Report.

All Town Manager Reports are available on the Town’s website at Town Manager Reports.

Town Manager Update:
  • COVID-19:
    • The Governor lifted all remaining COVID-19 restrictions effective May 29th.
    • The Town Manager ended the local State of Emergency on June 15th.
    • The Legislature passed and the Governor signed S-2475 into law. This law:
      • Allows for remote meetings and hearings by public bodies through April 1, 2022;
      • Ratifies any remote meetings held between the expiration of the state of emergency and the signing of the law (not needed by the Town);
      • Extends local authorization for outdoor table service through April 1, 2022;
      • Allows for the continued sale of wine, beer and mixed drinks for off-premises consumption through May 1, 2022.
  • Vaccination:
    • The Health Department will be providing vaccines at the Mobile Markets in the coming weeks.
    • The Town’s vaccination rates appear low. Some background on this below:
      • First, our local public health clinic at the Bangs center has administered over 12,500 vaccines.
      • We have also performed clinics for our congregate and housing authority properties, operated a regional homebound program vaccinating over 300 individuals in 14 towns, and assisted with school-based vaccine clinics at 7 schools in 5 municipalities for approximately 500 students.
  • We continue to do mobile pop-up clinics at apartments, Mobile Markets, and other events.
    • In terms of the reported data, the Town has a total population 41,493. Of this population 21% are between 16-19 years old and 43% are between 20-29 years old which make up a total of 64% of the Amherst community. Only 16% of 16-19 year old’s and 26% of 20-29 year old have at least one dose. We have done extraordinary work in our other age groups with vaccine rates.
    • The 16-29 year old categories mainly reflect students who may change their primary residence to Amherst for the majority of the year. It is unknown how many within this age group remain local or have returned to their non-school based communities. We are encouraged by the requirement for all the five colleges to require COVID vaccination for the fall semester and remain hopeful that this will shift the vaccination rates. We are also hopeful for the new Massachusetts VaxMillions Giveaway for residents who are fully vaccinated against COVID-19 to target vaccine hesitant populations as well.
    • The Town continues to operate vaccination clinics. We will wind-down our clinics, offering second doses, and likely will halt clinics during July and August. Vaccine will still be available at the mass vaccination site in Springfield and at local pharmacies.
    • Health Department staff are developing plans to reach those who have not been able to be vaccinated including churches, food markets, etc. and offering incentives for vaccination.
    • The Health Department has continued to work with the School Department to offer special dedicated vaccine clinics for high school students at the high school and middle school students at the middle school.
  • Town Hall:
    • The Governor signed legislation that permits the Town’s public bodies to conduct their meetings virtually.
    • Non-Council Committees Meetings:
      • While meetings that have been posted to occur in person this week will continue to meet in person, all future meetings will return to full Zoom meetings as had been the Town’s previous practice. This applies to all non-Council committees and boards.
      • We will stay in this virtual meeting format through the summer and revisit how we conduct meetings in September.
    • Town Council and Council Committees Meetings:
      • The Town Council will be reviewing its meeting protocols at its meeting on Monday.
      • I am asking the Council to determine how to conduct its meetings, either in person with public access via Zoom or completely remote. I suggest you decide on a format through September 2021, and revisit the issue at one of your meetings in September.
    • Town Hall:
    • Town Hall and other offices reopened to the public for individual transactions on June 1st.
    • Masks are required at all times when in the building except for employees working at their desks. Masks are required during all public meetings by members of the committee, staff, and members of the public.
  • Outreach:
    • Cuppa Joe with Paul: The next Cuppa Joe is scheduled for Friday, June 25th in person, at an outdoor location to be determined.
    • Office hours: I continue to offer virtual office hours to those who are interested in talking one-on-one with me.
  • Town-Gown:
    • University of Massachusetts at Amherst: The Reopening Committee met on May 27th, the last time we felt it needed to meet until later in the summer.
  • Racial Equity:
    • Community Safety Working Group: The Working Group continues its work and is scheduled to make its presentation on the second part of its charge to the Town Council at the August 23rd meeting.
    • Core Equity Team: The Core Equity Team has been assembling small groups of employees to participate in trainings.
    • Reparations: I met with representatives from Reparations 4 Amherst group and discussed ways the Town could utilize funds to support the work that they are doing following proper procurement and contracting rules.
Departments:
  • Finance:
    • Budget: The Town’s operating budget and capital improvement program were presented to the Town Council on May 3rd. All material is available online.
  • Public Works:
    • Waterline Extension to Leverett: Work to extend the water line from North Amherst into the Town of Leverett is expected to begin in the near future.
    • Mill River Recreation Area: DPW crews have been working on the basketball courts and are preparing to install two full-length and two half-court basketball courts. They will be repaved during the paving projects happening now in Town.
    • Road construction projects:
      • The major road construction projects have begun. This includes paving Henry Street, Bridge Street, and part of Pine Street.
      • The repaving of Snell Street is scheduled to begin next week.
    • Town Clerk: The Town’s Ranked Choice Voting legislation has been scheduled for a public hearing at the State House on June 23rd.
      • The deadline to sign up to testify virtually is Monday 6/21 at 5pm.
      • Individuals who wish to testify, please fill out the form on the following link
      • For individuals who have signed up to testify, the committee will provide a link to join the public hearing.
      • Individuals planning to testify must sign up no later than 5:00 p.m. on Monday, June 21, 2021.
      • Oral testimony will be limited to 3 minutes, but longer statements will be accepted by written testimony until Friday, June 25th at 3:00pm.
  • The public can watch the public hearing may view the live stream under the Hearings & Events section of the Massachusetts legislature’s website, here: https://malegislature.gov/events
  • Sustainability: The Sustainability Coordinator and Energy and Climate Action Committee has submitted its final report to the Town Council for its consideration.
  • Public Safety:
    • Fire:
      • The Town is seeking candidates to fill the two current vacancies. The Fire Chief anticipates that hiring new firefighters will be a challenge and the Town is actively recruiting strong candidates.
      • Four additional firefighter/EMTs are on duty to support the Department’s response to the Covid-19 pandemic.
  • Human Resources/Human Rights:
    • Credit to our talented H.R. Department for being the catalyst for providing gift baskets to our first responders and Department of Public Works employees. We are providing acknowledgements to all Town staff throughout the month of June. This work is all funded privately.
    • We are in the interview stage for the Recreation Director position and will work with the President to ensure the appointment can be reviewed by the Town Council in a timely manner.
  • Community Services:
    • Recreation:
      • Mill River pool will open on June 19th.
      • Community pool will open on June 26th.
      • Camps are staffed and accepting applications.
      • Cherry Hill is experiencing some staff shortages, but the course looks good and has been very popular.
    • Health: The Health Director continues to make connections with other Health Departments in nearby communities developing a needed regional approach to serving the public health needs of Hampshire County.
    • Senior Center: The Senior Center has reopened for appointment events such as exercise classes.
    • Unhoused Population:
      • The new Homelessness and Rehousing Task Force has begun meeting. The work is being coordinated by the Director of Senior Services.
    • Economic Development:
      • Civic-Moxie: The Town and the Amherst Business Improvement District are participating in the Massachusetts Local Rapid Recovery Program to help communities develop plans for downtowns and commercial districts. Our consultant team, CivicMoxie, has prepared a diagnostics/ data summary to share which will start a discussion about possible projects to explore as part of this recovery plan. Local businesses are being asked to participate in a Zoom meeting on Tuesday, June 22nd from 12:00 – 1:30pm to hear a brief summary about the state of businesses in Town and discuss what possible projects would support the success of local businesses.
  • Register for the Zoom Link here:
    • BID Director: Congratulations to Business Improvement District director for being named by the Governor to the Massachusetts Economic Assistance Coordinating Council. Ms. Gould will be the Western Massachusetts representative on the 7- person committee. The EACC is an important committee and having a local resident selected to serve is very significant. The EACC administers the economic development incentive program, reviews and decides on applications from municipalities for the designation of areas as economic target areas and economic opportunity areas and to make such designations; certifies projects for participation in the economic development incentive program; and certifies and approves tax increment financing agreements and special tax assessments.
    • The Business Improvement District Block Party is being planned for September 16th.
  • Conservation and Development:
  • Information Technology (I.T.):
    • The I.T. Department continues to work on technology and procedures for conducting in- person, fully remote, and hybrid meetings. Hybrid (Zoom and in-person) can only be held in the Town Room due to the required equipment. Additional staff will be needed to support the operation of these meetings.

Delegated Authority (May 2021):

  • Short-Term Event Uses of Town Commons:
    • Use of East Street Common for the Mobile Market. This request will come to the Town Council next week.
    • The Rotary is scheduled to bring the Community Fair to Town at the end of August or early September.
  • Short-Term Parking Requests: None
  • Short-Term Road or Sidewalk Closures:
    • Use of the public way on East Hadley Road for the Mobile Market. This request will come to the Town Council next week.
Major Capital Projects:
  • DPW Building/Fire Building: The Request for Proposals for a site for a new Department of Public Works building are being reviewed.
  • Schools:
    • The Town has contracted with Anser Advisory to serve as the Owner’s Project Manager. This designation was approved by the Massachusetts School Building Authority (MSBA).
    • Working with Anser, the Town submitted a Request for Services for design work for the new building(s). The MSBA will now review this RFS and review it at an upcoming meeting.
  • Library:
    • Town Council approved the borrowing and CPA funds on April 5th.
    • A Voter Veto petition was initiated but failed to produce enough signatures.
    • The petitioners brought a complaint to the Superior Court requesting (i) additional time to submit signatures, (ii) a reduction in the number of signatures needed, and (iii) permission to submit signatures electronically. The hearing on this case was held on Wednesday, April 28th.
    • The Judge in the case denied the request by the plaintiffs.
    • I submitted all signed documents to the Massachusetts Board of Library Commissioners prior to the required April 30th deadline to receive funds this year.
    • The plaintiffs submitted a document to the Court stating that, “Pursuant to Mass. R. Civ.

P. a1(a)(1)(i), the Plaintiffs hereby dismiss the above-captioned action without prejudice” thus dismissing the case against the Town.

  • We will be creating a Building Committee to oversee the project.
    • A new complaint was filed titled: Terry Y. Allen, et al. v. Board of Registrars of the Town of Amherst. The Town responded to this complaint within the designated timeframe.
Project Update:
  • Kendrick Park Playground: Work continues but supply chain problems continue to delay completion. Our best estimate now is the end of July.
  • Dog Park: Our contractor is wrapping up another project in the area and then will be moving crews to this project. The first order of business is to complete screening of 6000cy of fill and transport it to the site. The project is very straightforward with grading, water lines, fencing, walkways and parking. Once the contractor is on site, things will move quickly.
  • Performing Arts Shell on the Town Common: No developments.
  • Parking Structure on Town Land at North Pleasant Street Parking Lot: We are proposing to rezone parcel 14A-33 on North Prospect St., currently used as a municipal parking lot, from RG to BG. This will open the opportunity for the development of a new parking structure on that lot. This rezoning does not mean that lot will become a parking structure, but creates the opportunity for such use should the Town decide to pursue that option.
  • North Common Restoration/Main Street Parking Lot:
    • The Council held a public hearing on the proposed parking changes on May 24th.
    • Work will begin on the schematic drawings.
    • Congressman McGovern has listed additional work on the roadways surrounding the Town Common for funding as stated above.
    • Town staff continue to seek out additional sources of funds to substitute or supplement the Town’s current funding plan.
  • Hickory Ridge: A Payment in Lieu of Taxes (PILOT) agreement is being negotiated with the property owner for the solar that is proposed for the site. The solar project and its final approval by the State is the major issue still in play for this project.
  • North Amherst Library:
    • We are reviewing price estimates for the project.
    • We will be holding a public meeting to review the latest documents in the first part of July.
  • Pomeroy Village MassWorks Grant: The Town Council approved the development of plans for a roundabout at this intersection. Town staff are working on drawings and will return to the Town Council in the near future with plans that are 25% complete.
  • Solar on the Landfill:
    • In the coming weeks, crews will be working on the Northern Landfill to mow, set the access road, and set preliminary sediment control.
    • The “real” construction work is scheduled for August, along with the fence around the Southern Landfill.
    • A conservation restriction will be presented to the Town Council in the near future.
  • Belchertown Road/East Street School: Town staff are preparing an RFP that will be issued by the end of June. We anticipate a fair amount of interest from non-profits in this opportunity to create additional affordable housing in Town.
  • Downtown Improvements:
    • Pleasant Walkway: The Pleasant Walkway that connects North Pleasant Street with the Bangs Parking Lot is nearing completion. The work will eliminate the broken concrete and make the area fully accessible. This was initiated by the Council on Aging and funding by a grant secured by the Planning Department.
    • Bangs Center Ramp: A new, grant-funded ADA ramp at the Bangs Community Center will be installed in the coming weeks. The ramp is located south of the Bangs Community Center and north of Johnny’s. It will provide access from the upper Boltwood parking lot to the Musante Health Center, Clark House, and the courtyard.
    • Crosswalks and Pleasant Walk: Work to rebuild three existing crosswalks on North Pleasant Street has begun. These projects are funded by a grant obtained by our grant- writers combined with some capital funds allocated for sidewalk improvements.
    • Street Furniture on Boltwood Plaza: The Town has secured a grant to purchase and install new street furniture (tables, chair, benches) on Boltwood Plaza. We hope this furniture will help activate the valuable resource in the downtown area.
Upcoming Meetings and Events:
  • June 21st – Town Council meeting
  • June 28th – Town Council meeting
  • July12th – Town Council meeting
  • August 2nd – Town Council meeting
  • August 23rd – Town Council meeting
  • July 5th – Independence Day

From the Attorney General Division of Open Government:
On June 16, 2021, Governor Baker signed into law An Act Extending Certain COVID-19 Measures Adopted During the State of Emergency. This Act includes an extension, until April 1, 2022, of the remote meeting provisions of his March 12, 2020, Executive Order Suspending Certain Provisions of the Open Meeting Law. The new law has two major parts.

First, the new law allows public bodies to continue providing live “adequate, alternative means” of public access to the deliberations of the public body, instead of holding meetings in a public place that is open and physically accessible to the public. “Adequate, alternative means” may include, without limitation, providing public access through telephone, internet, or satellite enabled audio or video conferencing or any other technology that enables the public to clearly follow the proceedings of the public body in real time.

Second, the new law authorizes all members of a public body to continue participating in meetings remotely; the Open Meeting Law’s requirement that a quorum of the body and the chair be physically present at the meeting location remains suspended.

The new law provides that a municipal public body that, for reasons of economic hardship and despite best efforts, is unable to provide alternative means of public access that will enable the public to follow the proceedings in real time, may instead post a full and complete transcript, recording, or other comprehensive record on its website as soon as practicable after the meeting.

In light of the various free and low-cost technologies that could be used to provide the public with real time access, the Division of Open Government strongly recommends that a municipal public body consult with our office before determining that it is unable to provide the public with real time access to a meeting. Furthermore, this provision is not available for meetings when another

general or special law, regulation or a local ordinance or by-law requires allowance for active participation by members of the public, such as in the case of certain public hearings.

All other provisions of the Open Meeting Law and regulations, such as the requirements regarding posting notice of meetings and creating and maintaining accurate meeting minutes, remain in effect. Public bodies are reminded that notice of all meetings must be posted at least 48 hours in advance, not including weekends and holidays, and the meeting notice must clearly specify how the public may access the meeting, whether in-person, remote or both.

NOTE: Due to a typographical error in the final draft of the legislation, three paragraphs in Section 20(b) were compressed into one paragraph. Based on the legislative history of the new law and

the Legislature’s clearly-demonstrated intent, the Attorney General interprets the sentence “This paragraph shall not apply to proceedings that are conducted pursuant to a general or special law, regulation or a local ordinance or by-law that requires allowance for active participation by members of the public” as only applying to the economic hardship exception in the prior sentence, not to the entire paragraph of subsection (b)

From K-P Law:

Extension of Pandemic-Related Relief Relative to Municipal Operations June 17, 2021

Numerous legislative and gubernatorial enactments provided temporary relief from various provisions of state law as a result of the COVID-19 public health emergency. However, when the State of Emergency ended, those relief provisions either expired or were rescinded. Unfortunately, consensus was not reached between the Governor, House, and Senate on proposals extending some of those relief provisions before the State of Emergency expired. Late on June 15th, however, the House and Senate approved a compromise relief bill, signed by the Governor yesterday as Chapter 20 of the Acts of 2021 (the “Act”). The Act codifies and extends several pandemic-relief provisions important to municipal operations, explained below. Importantly, the Act does not contain any provisions relative to municipal elections, including mail-in or early voting, as it is reported that the Legislature is separately considering action on such matters.

Open Meeting Law (Section 20 of the Act):

Perhaps the most eagerly anticipated provision of the Act for public sector entities is the extension until April 1, 2022 of the relief provided by Governor Baker’s temporary suspension of certain provisions of the Open Meeting Law (OML), authorizing public bodies subject to the OML to continue to hold public meetings entirely by virtual or remote means. Attached are some examples of updated language that could be included on meeting notices, indicating that a meeting will be held via remote means.

The Act continues the rules and requirements applicable during the State of Emergency under Governor Baker’s March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, §20. (For more information on those requirements, please see our March 13, 2020 eUpdate, found here). Importantly, this means that even in municipalities where the Chief Executive Officer has not adopted remote participation for boards and committees, individual public bodies may independently decide to continue holding entirely virtual meetings.

Public bodies may, but are not required to, continue to hold entirely virtual meetings until April 1, 2022 or such later time as the Legislature may deem it appropriate to amend the OML permanently for such purposes. It is anticipated, however, that with more public buildings re-opening, some municipalities may decide to move forward with entirely in-person meetings, while others may choose to hold “hybrid” meetings simultaneously in person and via remote means.

While many boards and committees faced difficult decisions on or before June 15th about whether to move forward with virtual meetings/hearings that were posted or advertised prior to the expiration of the State of Emergency, the Act ratifies any such meetings for purposes of the OML if they were held in compliance with the Governor’s previous Executive Order. Unfortunately, this portion of the Act was added to the legislation at the last minute, and thus many boards and committees either postponed or continued meetings scheduled for June 15th or 16th.

Other provisions of the Act of interest to municipalities are summarized below.

Outdoor Dining & Alcohol “To Go”:

  • Outdoor Dining (Section 19 of the Act): Extends until April 1, 2022 the ability of cities and towns to approve requests for expansion of outdoor dining service. This section also extends until April 1, 2022 a local licensing authority’s ability to approve, without further ABCC review or approval, changes in the description of a licensed premises for outdoor alcohol service. The Act also authorizes a local licensing

authority to extend or modify the scope of an earlier approval issued under the now-rescinded Governor’s Executive Orders to address potential issues with snow removal, pedestrian traffic or similar concerns.

The authority to permit an extended area for alcohol service without ABCC approval is unlikely to be extended again, so local licensing authorities may wish to advise license holders, when they are filing their renewal applications in November, that they should file an Alteration of Premises application (which requires both local and ABCC approval) if they wish to request the extended outdoor space through 2022 and beyond.

  • Beer, Wine and Cocktails to Go (Sections 1, 2, 10 and 11 of the Act): Extends until May 1, 2022 the sale of beer, wine and cocktails “to go” and requires prices for on-premises and off-premises consumption to be the same. (For more information, please see our May 25, 2021 eUpdate, found here).

Town Meetings:

  • Quorum (Section 8 of the Act): Extends until December 15, 2021 the ability of a town Select Board, in consultation with, and approval of, the Moderator, to lower a Town Meeting quorum requirement. The procedural prerequisites for adopting a lower quorum are the same as originally adopted under Chapter 92 of the Acts of 2020. (For more information, please see our May 5, 2020 eUpdate, summarizing S.2680, found here).
  • Remote Representative Town Meeting (Section 9 of the Act): Extends until December 15, 2021 the ability of a town Moderator to request, through the Select Board, that a representative town meeting be held remotely. The requirements for a remote representative town meeting are the same as originally

provided for by Chapter 92 of the Acts of 2020. The Act does not authorize open Town Meetings to meet remotely. (For more information, please see our May 5, 2020 eUpdate, summarizing S.2680, found here). 617.556.0007 | 1.800.548.3522 | www.k-plaw.com | ©2021 KP Law, P.C.

Virtual Notarization:

  • Section 7 of the Act extends until December 15, 2021 the ability to perform “virtual” notarizations, including for the execution of documents to be filed in the registry of deeds and other specific functions. (For more information on virtual notarization requirements, please see our April 28, 2020 eUpdate, found here).

Housing/Evictions:

  • Notice to Quit (Sections 12 to 14, Section 32):
  • Effective upon the termination or nullification of the Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19 Order issued by the federal Centers for Disease Control and Prevention (the “CDC eviction moratorium”).
  • Extends until December 30, 2022 the requirement that landlords include with a notice to quit for non-payment of rent a form informing tenants of their rights in an eviction case and rental assistance options. The Executive Office of Housing and Economic Development (EOHED) will develop this new form and make it publicly available on its website. Landlords issuing notices to quit after the termination or nullification of the CDC eviction moratorium should not use the old

form, but instead the new EOHED form.

  • Extends until December 30, 2022 the requirement that landlords submit a copy of a notice to quit for non-payment of rent to the EOHED.
  • Eviction Continuance/Stay (Section 17): Extends until April 1, 2022 the requirement that courts grant a continuance or stay of eviction in a case for non-payment of rent where the tenant has a pending rental assistance application and the non-payment is was due to a financial hardship related to the COVID-19 emergency. (For more information, see our February 1, 2021 eUpdate, found here, and our subsequent February 26, 2021 eUpdate, found here).

We will, of course, continue to keep you apprised of new developments. In the meantime, should you have questions, please contact your KP Law attorney or e-mail us at coronavirusinfo@k-plaw.com.

Sample language for inclusion on meeting notices:

For “hybrid” meetings and public hearings, where the public will be allowed to access the meeting either by in person attendance or by virtual means:

Pursuant to Chapter 20 of the Acts of 2021, this meeting will be conducted in person and via remote means, in accordance with applicable law. This means that members of the public body as well as members of the public may access this meeting in person, or via virtual means. In person attendance will be at the meeting location listed above, and it is possible that any or all members of the public body may attend remotely, with in-person attendance consisting of members of the public. The meeting may also be accessed remotely via [insert method of remote access, including login information or the contact information for someone who is available to provide that information prior to and through the meeting itself]. When required by law or allowed by the Chair, persons wishing to provide public comment or otherwise participate in the meeting, may do so by in person attendance, or by accessing the meeting remotely, as noted above. Additionally, the meeting will be broadcast live, in real time, via [insert information regarding how to access live broadcast to meeting, such YouTube, Facebook live, local cable access, etc.].

For entirely virtual public meetings, where the public will not be allowed to attend in person:

Pursuant to Chapter 20 of the Acts of 2021, this meeting will be conducted via remote means. Members of the public who wish to access the meeting may do so in the following manner: [insert method of remote access, including login information or the contact information for someone who is available to provide that information prior to and through the meeting itself, and/or insert information regarding how to access live broadcast to meeting, such YouTube, Facebook live, local cable access, etc.]. No in-person attendance of members of the public will be permitted, but every effort will be made to ensure that the public can adequately access the proceedings in real time, via technological means. In the event that we are unable to do so, for reasons of economic hardship and despite best efforts, we will post on the                                                                                                    website an audio or video recording, transcript, or other comprehensive record of proceedings as soon as possible after the meeting.

For entirely virtual public meetings including public hearings, where the public will not be allowed to attend in person:

Pursuant to Chapter 20 of the Acts of 2021, this meeting/public hearing will be conducted via remote means. Members of the public who wish to access the meeting may do so in the following manner: [insert

method of remote access, including login information or the contact information for someone who is available to provide that information prior to and through the meeting itself]. No in-person attendance of members of the public will be permitted, and public participation in any public hearing conducted during this meeting shall be by remote means only.

Optional additional sentence, applicable for all of the above suggested statements:

Specific information and the general guidelines for remote participation by members of the public and/or parties with a right and/or requirement to attend this meeting/hearing can be found on the

                                       website at                       

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