06-16-15 Agenda Results Regular Meeting
City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, June 16, 2015
The Regular Meeting will commence at 6:00 p.m. or as soon
thereafter, upon conclusion of the 5:00 p.m., Tuesday, June 16, 2015
Special Meeting
Public Hearings 7:00 p.m.
Commission Chambers
RULES FOR PUBLIC PARTICIPATION
1.PUBLIC COMMENT:
City Commission meetings are business meetings and the right to limit discussion rests
Generally, remarks by an individual will be limited to three minutes or less
with the Commission. . The Mayor,
presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated.
Public comment shall be allowed as follows:
A.
Comments and Inquiries on Non-Agenda and Agenda Items (excluding public hearing or quasi-judicial
hearing items) from the Public: Any citizen is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may withhold comment or direct the
City Manager to take action on requests or comments.
B.
Public Hearings/Quasi-Judicial Hearings: Any citizen is entitled to speak on items under these sections at
the time these items are heard by the Commission.
C.
Citizens that request to do a presentation that is on a portable flash drive device or a CD/DVD, must
provide their media to the City Clerk no later than 12:00 p.m. one day prior to the meeting where they wish
to present.
2.SIGN IN SHEET
: Prior to the start of the Commission Meeting, individuals wishing to address the Commission
should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the
meeting, you may still address the Commission. The primary purpose of the sign-in sheet is to assist staff with
record keeping. Therefore, when you come up to the lectern to speak, please complete the sign-in sheet if you have
not already done so.
3.ADDRESSING THE COMMISSION:
At the appropriate time, please step up to the lectern and state your name
and address for the record. All comments must be addressed to the Commission as a body and not to individuals.
Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the
Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again
address the Commission is granted by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any
matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony
and evidence upon which the appeal is based. The City neither provides nor prepares such record.
The City will furnish auxiliary aids and services to afford an individual with a disability an
opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by
the City. Contact the City Manager at 243-7010, 24 hours prior to the event in order for the City to
accommodate your request. Adaptive listening devices are available for meetings in the
Commission Chambers.
100 NW 1st Avenue Delray Beach, Florida 33444
Phone: (561) 243-7000 Fax: (561) 243-3774
www.mydelraybeach.com
1.ROLL CALL.
2.PLEDGE OF ALLEGIANCE TO THE FLAG.
3.APPROVAL OF MINUTES:
A.Motion to Approve minutes of the January 20, 2015 City Commission Regular Meeting.
(Motion to approve; Approved, 5-0)
4.PRESENTATIONS:
A.Spotlight on Education Ï Green Living Technologies (POSTPONED)
5.COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS
FROM THE PUBLIC IMMEDIATELY FOLLOWING PRESENTATIONS:
A.City Manager's response to prior public comments and inquiries
B.From the Public
6.AGENDA APPROVAL.
(Mayor Glickstein noted that Item 7.B., Service Authorization No. 12-
12/Kimley-Horn And Associates, Inc./Four-Way Stop Sign Warrant Studies, was moved to the Regular
f
Agenda as Item 8.B.B.; Staff requested Items 7.D., Housing Rehabilitation Grant/Contract Awardor
,
221 S.W. 15 Avenue and 7.E., Housing Rehabilitation Grant/Contract Award for 508 S.W. 6
thth
Avenue, be removed; Items 7.F., School Readiness Child Care Provider Agreement/Early Learning
Coalition of Palm Beach County, Inc., and 7.G., Afterschool Program Provider Agreement/Early
Learning Coalition of Palm Beach County, Inc., Commission gave a directive for Ms. Suzanne Davis to
expedite internet access; Item 8.Q., Discussion: Status of Auburn Trace, Ltd. Bankruptcy Case No. 15-
10317-PCH, was moved to the Regular Agenda as Item 8.A.A. Approved as amended, 5-0)
7.CONSENT AGENDA: City Manager Recommends Approval.
(Approved as amended, 5-0)
A.RESOLUTION NO. 33-15 (TAX EXEMPTION REQUEST FOR ELIGIBLE
IMPROVEMENTS)/42 PALM SQUARE): Motion to Approve a tax exemption
request for eligible improvements to the property located at 42 Palm Square within the
Marina Historic District; and Motion to Approve Resolution No. 33-15.
B.(MOVED TO REGULAR AGENDA AS ITEM 8.B.B.)
C.CONTRACT RENEWAL (BID NO. 2013-33)/COMPLETE PROPERTY
SERVICES OF SOUTH FLORIDA, INC./LANDSCAPE MAINTENANCE
AT ATLANTIC AVENUE GATEWAY FEATURE: Motion to Approve a one-
year (1) contract renewal (Bid No. 2013-33) to Complete Property Services of South
Florida, Inc. in the amount of $29,180.00 for landscape maintenance at the Atlantic
Avenue Gateway Feature. This recommendation is in compliance with the Code of
Ordinances, Chapter 36, Section 36.03(A), ÑAcquisitions of Twenty-Five Thousand
Dollars ($25,000.00) or Greater.Ò Funding is available from 119-4144-572-46.40
(Beautification Trust Fund: Parks and Recreation/Repair & Maintenance
Services/Beautification Maintenance).
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D.HOUSING REHABILITATION GRANT/CONTRACT AWARD FOR 221
TH
S.W. 15 AVENUE: Motion to Award one (1) Housing Rehabilitation contract
through the State Housing Initiatives Partnership Program (SHIP) to the lowest
th
responsive bidder, Cordoba Construction Company, Inc. for 221 SW 15 Avenue in the
amount of $33,182.70. This recommendation is in compliance with the Code of
Ordinances, Chapter 36, Section 36.02(A), ÑSealed Competitive MethodÒ. Funding is
available from 118-1924-554-49.19 (Neighborhood Services Fund: SHIP ProgramÏState
Grant/Housing Rehabilitation). (REMOVED)
E.HOUSING REHABILITATION GRANT/CONTRACT AWARD FOR 508
TH
S.W. 6 AVENUE: Motion to Award one (1) Housing Rehabilitation contract
through the State Housing Initiatives Partnership Program (SHIP) to the lowest
th
responsive bidder, Cordoba Construction Company, Inc., for 508 SW 6 Avenue in the
amount of $34,659.10. This recommendation is in compliance with the Code of
Ordinances, Chapter 36, Section 36.02(A), ÑSealed Competitive MethodÒ. Funding is
available from 118-1924-554-49.19 (Neighborhood Services Fund: SHIP ProgramÏState
Grant/Housing Rehabilitation). (REMOVED)
F.SCHOOL READINESS CHILD CARE PROVIDER AGREEMENT/EARLY
LEARNING COALITION OF PALM BEACH COUNTY, INC.: Motion to
Approve the School Readiness Child Care Provider Agreement between the City of
Delray Beach and the Early Learning Coalition of Palm Beach County, Inc. to provide
subsidized child care funding for the Afterschool Program located at Pompey Park and
the Community Center
.
G.AFTERSCHOOL PROGRAM PROVIDER AGREEMENT/EARLY
LEARNING COALITION OF PALM BEACH COUNTY, INC.: Motion to
Approve Continue-to-Care Afterschool Program Provider Agreement between Early
Learning Coalition of Palm Beach County, Inc. and the City of Delray Beach to
continue reimbursable funding through the Continue to Care-Afterschool Scholarship
program for the Afterschool Program located at Pompey Park and the Community
Center.
H.GRANT APPLICATION/EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT (JAG): Motion to Approve submission of an application for
funding in the amount of $34,516.00 through the U.S. Department of Justice Edward
Byrne Memorial Justice Assistance Grant (JAG) program to support the Holiday
Robbery Task Force, which reduces crime during the Holiday Season.
I.PROCLAMATIONS:
1.Parks and Recreation Month Ï July 2015
2.Summer Learning Day Ï June 19, 2015
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J.REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Motion to Accept the actions and decisions made by the Land Development Boards for
the period May 18, 2015 through June 5, 2015.
K.AWARD OF BIDS AND CONTRACTS:
1.Motion to Approve a bid award to Gator Landscaping and Irrigation, Inc. (Bid
No. 2015-39) in the amount of $36,233.52 for lawn maintenance to seventeen
(17) dry storm water retention areas and one (1) wet water retention area. This
is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A),
ÑSealed Competitive MethodÒ. Funding is available from 448-5416-538-34.90
(Storm Water Utility Fund: Storm Water System Maintenance/Physical
Environment/Flood Control/Other Contractual Service).
8.REGULAR AGENDA:
A.A. DISCUSSION: STATUS OF AUBURN TRACE, LTD. BANKRUPTCY CASE
NO. 15-10317-PCH: Mr. Robert Furr, Special Bankruptcy Counsel, will provide an
update on the status of the case and to discuss potential next steps.
(It was the consensus
of the Commission that updates regarding status of the case be provided to Commission on a
monthly basis)
B.B. SERVICE AUTHORIZATION NO. 12-12/KIMLEY-HORN AND
ASSOCIATES, INC./FOUR-WAY STOP SIGN WARRANT STUDIES: Motion
to Approve Service Authorization No. 12-12 with Kimley-Horn and Associates, Inc.
(RFQ No. 12-06) in the amount of $7,900.00 for the completion of four-way stop sign
rdth
warrant studies at the intersections located at N.W. 3 Street and N.W. 10 Avenue; and
ndth
N.W. 2 Street and N.W. 8 Avenue. This is compliance with the Code of Ordinances,
Chapter 36, Section 36.03(B), ÑMultiple Acquisitions from Vendor Exceeding Twenty-
Five Thousand Dollars ($25,000.00) in Any Fiscal YearÒ. Funding is available from
334-3162-541-31.90 (General Construction Fund: Streets, Alleys,
Sidewalks/Transportation/Professional Services/Other Professional Service).
(Motion
to approve; Approved, 5-0)
A.CONDITIONAL USE REQUEST/UPTOWN ATLANTIC/WEST
ATLANTIC AVENUE NEIGHBORHOOD: Consider a conditional use request
for Uptown Atlantic, to allow density exceeding twelve (12) dwelling units per acre in
the West Atlantic Avenue Neighborhood for a mixed-use project located on the south
thth
side of West Atlantic Avenue between S.W. 6 Avenue and S.W. 9 Avenue. (
)
(Motion to approve as conditioned; Approved, 5-0)
REQUEST FOR SIDEWALK RELIEF IN THE FORM OF IN-LIEU
B.
FEE/1109 WATERWAY LANE: Consider a request for sidewalk relief in the form
of in-lieu payment for the proposed residence located at 1109 Waterway Lane within the
North Beach Overlay District to allow payment of a fee in-lieu of construction of a 5Ô
.
sidewalk along Waterway Lane ()
(Motion to approve;
Approved, 5-0)
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C.REQUEST FOR SIDEWALK RELIEF IN THE FORM OF IN-LIEU
FEE/1046 MELALEUCA ROAD: Consider a request for sidewalk relief in the form
of in-lieu payment for the proposed residence located at 1046 Melaleuca Road within
the Seagate Overlay District to allow payment of a fee in-lieu of construction of a 5Ô
.
sidewalk along Melaleuca Road()
(Motion to approve;
Approved, 5-0)
D.REQUEST FOR SIDEWALK RELIEF IN THE FORM OF IN-LIEU
FEE/960 SOUTH OCEAN BOULEVARD: Consider a request for sidewalk relief
in the form of in-lieu payment for the proposed residence located at 960 South Ocean
Boulevard within the Seagate Overlay District to allow payment of a fee in-lieu of
.
construction of a 5Ô sidewalk along Hibiscus Road()
(Motion
to approve; Approved, 5-0)
E.REQUEST FOR SIDEWALK RELIEF IN THE FORM OF IN-LIEU FEE/812
SEASAGE DRIVE: Consider a request for sidewalk relief in the form of in-lieu
payment for the proposed residence located at 812 Seasage Drive within the Seagate
Overlay District to allow payment of a fee in-lieu of construction of a 5Ô sidewalk along
Seasage Drive.()
(Motion to approve; Approved, 5-0)
REQUEST FOR SIDEWALK RELIEF IN THE FORM OF IN-LIEU
F.
FEE/1209 SEASPRAY AVENUE: Consider a request for sidewalk relief in the form
of in-lieu payment for the proposed residence located at 1209 Seaspray Avenue within
the North Beach Overlay District to allow payment of a fee in-lieu of construction of a
.
5Ô sidewalk along Beach Drive and Seaspray Avenue()
(Motion to approve; Approved, 5-0)
REQUEST FOR SIDEWALK RELIEF IN THE FORM OF A WAIVER/524
G.
ANDREWS AVENUE: Consider a request for sidewalk relief in the form of a waiver
for the proposed residence located at 524 Andrews Avenue within the North Beach
Overlay District to eliminate the requirement for a 5Ô sidewalk along the south side of
Harbor Drive.()
(Motion to provide relief in the form of an in-
lieu payment in the amount of $3,075.20; Approved, 5-0)
H.RETROACTIVE PROFESSIONAL SERVICES AGREEMENT/THOMPSON
& YOUNGROSS ENGINEERING CONSULTANTS/DESIGN SERVICES
FOR FIRE STATION NO. 5: Motion to retroactively Approve a Professional
Services Agreement with Thompson & Youngross Engineering Consultants in the
amount of $9,000.00 for professional engineering and design services related to Fire
Station No. 5 Generator Upgrade Project, Project No. 14-011. This recommendation is
in compliance with the Code of Ordinances, Chapter 36, Section 36.03(B), ÑMultiple
Acquisitions from Vendor Exceeding Twenty-Five Thousand Dollars ($25,000.00) in
Any Fiscal YearÒ, and Section 36.02(C)(3), ÑProfessional ServicesÒ. Funding is available
from 334-2311-522-64.90 (General Construction Fund: Fire/Machinery/Equipment).
(Motion to approve; Approved, 5-0)
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I.BID AWARD/L.V. SUPERIOR LANDSCAPING, INC./LANDSCAPE
MAINTENANCE BID NO. 2015-47: Motion to Approve a bid award to L.V.
Superior Landscaping, Inc. in the amount of $77,190.00 for a one-year term, with two
additional one-year renewal options, to provide landscape maintenance in the Atlantic
th
Avenue I-95 Interchange, Linton Blvd I-95 Interchange and S.W. 10 Underpass. This
recommendation is in compliance with the Code of Ordinances, Chapter 36, Section
36.02(A)(1), ÑCompetitive BidsÒ. Funding is available from 119-4144-572-46.40
(Beautification Trust Fund: Parks & Recreation/Repair & Maintenance
Services/Beautification Maintenance).
(Motion to approve; Approved, 5-0)
J.INTERLOCAL AGREEMENT WITH THE COMMUNITY
REDEVELOPMENT AGENCY (CRA) FOR FUNDING/REPLACEMENT
SOD AT OLD SCHOOL SQUARE PARK: Motion to Approve and authorize the
City Manager to sign the Interlocal Agreement with the Community Redevelopment
Agency (CRA) to provide funding for the replacement of the sod at Old School Square
Park.
(Motion to approve; Approved, 5-0)
K.AMENDMENT NO. 3 TO MANAGEMENT AGREEMENT WITH DUBIN
AND ASSOCIATES, INC./MUNICIPAL TENNIS CENTER AND DELRAY
SWIM AND TENNIS CLUB:Motion to Approve Amendment No. 3 to the
management agreement between Dubin and Associates, Inc. and the City of Delray
Beach to reimburse them bi-weekly for their payroll costs and the addition of language
to allow for auditing, inspector general and public records.
(Motion to approve; Approved,
5-0)
L.AMENDMENT NO. 3 TO MANAGEMENT AGREEMENT WITH BJCE,
INC./MUNICIPAL GOLF CLUB AND LAKEVIEW GOLF CLUB: Motion to
Approve Amendment No. 3 to the management agreement between BJCE, Inc. and the
City of Delray Beach to reimburse them bi-weekly for their payroll costs and the
addition of language to allow for auditing, inspector general and public records.
(Commissioner Jarjura left the dais. Motion to approve; Approved, 4-0)
M.SCHOOL CROSSING GUARD CONTRACT/ACTION LABOR D/B/A
STAFFING CONNECTION: Motion to Approve a contract award to Action
Labor d/b/a Staffing Connection for school crossing guards in an amount not to
exceed $48,000.00 from July 1, 2015 through October 31, 2015, via a piggyback contract
utilizing the City of Palm Beach GardensÔ RFP No. 2010-003. This is in compliance
with the Code of Ordinances, Chapter 36, Section 36.02(C)(7), ÑUtilization of Other
Governmental EntitiesÔ ContractsÒ. Funding is available from 001-2115-521-34.90
.
(General Fund: Other Contractual Services)
(Commissioner Jarjura returned to the dais.
Motion to approve; Approved, 5-0.)
N.RESOLUTION NO. 35-15: CREATION OF THE PURCHASING
DEPARTMENT: Motion to Approve the City ManagerÔs designation of a Purchasing
Department pursuant to Section 32.01 of the Code of Ordinances of the City of Delray
Beach; providing an effective date.
(Motion to approve; Approved, 5-0)
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O.BID AWARD/SLAVIN MANAGEMENT CONSULTANTS/EXECUTIVE
SEARCH AND RECRUITING SERVICES: Motion to Approve a contract to
award RFP 2015-51, Executive Search and Recruiting Services, to Slavin Management
Consultants for the twelve (12) months following contract execution. The cost per
recruitment will be a fixed fee of $15,800.00 and up to $7,900.00 in reimbursable
expenses for a total not to exceed $23,700.00 per recruitment. At this point, the City
anticipates using these services for a maximum of five recruitments for the twelve (12)
months annual maximum not to exceed $118,500.00 including expenses.
(Motion to
approve; Approved, 5-0)
P.ROSA GIESMAN AND MICHAEL GIESMAN V. CITY OF DELRAY
BEACH: Consider an offer made by one of the Plaintiffs, Rosa Giesman, to settle her
pending personal injury case against the City in the amount of $100,000.00.
(Motion to
reject; Approved, 5-0)
Q.(MOVED TO REGULAR AGENDA ITEM 8.A.A.)
R.NOMINATION FOR APPOINTMENT TO THE COMMUNITY
REDEVELOPMENT AGENCY BOARD: Nomination for appointment of one (1)
regular member to serve on the Community Redevelopment Agency Board for a four
(4) year term ending July 1, 2019. Based on the rotation system, the nomination for
appointment will be made by Vice Mayor Petrolia (Seat #1
). (Appointed Daniel Rose and
approved 5-0)
S.NOMINATION FOR APPOINTMENT TO THE DOWNTOWN
DEVELOPMENT AUTHORITY BOARD: Nomination for appointment of two
(2) regular members to serve on the Downtown Development Authority Board for
three year terms ending July 1, 2018. Based on the rotation system, the nomination for
appointment will be made by Deputy Vice Mayor Jacquet (Seat #2) and Commissioner
Katz (Seat #3). (
Appointed Allen Costilo and approved 5-0. Commissioner KatzÔs
appointment was deferred to the July 7, 2015 Regular Meeting)
9.PUBLIC HEARINGS:
A.None
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10.FIRST READINGS:
A.ORDINANCE NO. 12-15 (FIRST READING): Motion to Approve Ordinance
No. 12-15, Adopting a Small-Scale Future Land Use Map Amendment from MD
(Medium Density Residential 5-12 du/ac) to CC (Commercial Core), pursuant to the
provisions of the ÑCommunity Planning ActÒ, Florida Statutes Section 163.3187, for
land located on the west side of S.W. 6th Avenue, 334 Feet south of West Atlantic
Avenue, and land located on the east side of S.W. 7th Avenue, 365 Feet south of West
Atlantic Avenue, as more particularly described herein, and rezoning and placing said
land presently zoned RM (Medium Density Residential) District to CBD (Central
Business) District; amending "Zoning Map Of Delray Beach, Florida, February 2015";
providing a General Repealer Clause, A Saving Clause, and an effective date. If passed, a
Public Hearing will be held on July 7, 2015.
(Commissioner Katz left the dais. Motion to
approve; Approved, 4-0)
B.ORDINANCE NO. 13-15 (FIRST READING): Motion to Approve Ordinance No.
13-15, amending the Land Development Regulations of the Code of Ordinances, by
amending Subsection 4.5.1(E)(6), ÑRelocation,Ò to establish Regulations and Guidelines
regarding the relocation of buildings or structures within, to, or from Historic Districts
or Sites; by enacting Section 7.10.11, ÑHistoric Structures,Ò to establish a historic
structure relocation bond, and to provide for forfeiture of same for failure to
successfully relocate a historic structure; providing a Saving Clause, a General Repealer
Clause, and an effective date. If passed, a Public Hearing will be held on July 7, 2015.
(Commissioner Katz returned to the dais. Motion to approve; Approved, 5-0)
C.ORDINANCE NO. 14-15 (FIRST READING): Motion to Approve Ordinance
No. 14-15, amending the Land Development Regulations of the Code of Ordinances,
by Repealing Subsection 4.5.1(E)(7), ÑDemolitionÒ; by renaming and amending
Subsection 4.5.1(F), ÑRestrictions On Demolitions,Ò to amend Regulations and
Guidelines regarding the Demolition of Historic Structures, to require the submission
of a Demolition Plan, to require that property owners applying for Demolition Permits
take certain steps to Document, Salvage, and Record Historic Structures, to establish
additional requirements for demolition of more than 25 percent of a contributing or
Individually Designated Structure; by amending Subsection 4.5.1(G), ÑUnsafe
Buildings,Ò to require the Chief Building Official to provide the Historic Preservation
Board with documentation regarding any structure within a designated historic site or
designated historic district that is unsafe; providing a Saving Clause, a General Repealer
Clause, and an effective date. If passed, a Public Hearing will be held on July 7, 2015.
(Motion to approve; Approved, 5-0)
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D.ORDINANCE NO. 15-15 (FIRST READING): Motion to Approve Ordinance
No. 15-15, amending the Land Development Regulations of the Code Of Ordinances,
by amending Section 4.7, "Family/Workforce Housing" to provide the City
Commission with the discretion to determine the most appropriate means of meeting
the Workforce Housing requirement for each applicant; providing that the applicant
must elect the Preferred Option for meeting the Workforce Housing requirement at the
time of application for Conditional Use approval; providing a Saving Clause, a General
Repealer Clause, and an effective date. If passed, a Public Hearing will be held on July 7,
2015.
(Motion to approve; Approved, 5-0)
(Motion to continue the meeting past 11:00 p.m.; Approved, 4-1. Deputy Vice-Mayor Jacquet
dissenting)
E.ORDINANCE NO. 17-15: CIVIL RIGHTS (FIRST READING): Motion to
Approve Ordinance No. 17-15, Amending Title 13, ÑGeneral OffensesÒ, of the Code
Of Ordinances, by creating a new Section 137, ÑCivil RightsÒ, providing for Non-
Discrimination within the City; providing a General Repealer Clause; Saving Clause; and
an effective date. If passed, a Public Hearing will be held on July 7, 2015.
(Motion to
approve; Approved, 5-0)
11.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A.City Manager
B.City Attorney
C.City Commission
POSTED: JUNE 11, 2015
Meeting Adjourned at 11:41 P.M
***.***
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