A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MAY 26, 1998

The Lake County Board of County Commissioners met in regular session on Tuesday, May 26, 1998, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: G. Richard Swartz, Jr., Chairman; Welton G. Cadwell, Vice Chairman; William "Bill" H. Good; Rhonda H. Gerber; and Catherine C. Hanson. Others present were: Sue Whittle, County Manager; Valerie Fuchs, Assistant County Attorney; Wendy Taylor, Administrative Assistant, Board of County Commissioner's Office; and Marlene S. Foran, Deputy Clerk.

Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Ms. Valerie Fuchs, Assistant County Manager, stated that the County Attorney's Office was requesting to place discussion on the scheduling of a Closed Session with the Board of County Commissioners regarding pending litigation on the Agenda under Reports.

On a motion by Commr. Gerber, seconded by Good and carried unanimously by a 5 - 0 vote, the Board approved to place a request to discuss the scheduling of a Closed Session regarding pending litigation on the Agenda under Reports.

MINUTE APPROVAL

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of April 27, 1998 (Special Meeting-Fiscal Advance), as presented.

On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of April 28, 1998 (Regular Meeting), as presented.

ZONING

It was noted that the following staff members were present for the zoning hearings: Ms. Sharon Farrell, Senior Director, Department of Growth Management; and Mr. James Smith, Director, Division of Planning & Development Services.

PETITION NO. CUP#98/4/4-5 CUP IN A BETTY HOLT

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that the request for a CUP in A (Agriculture) for placement of a second mobile home for temporary use for the care of an infirm relative had been postponed on April 28, 1998 to allow staff time to further review the original request. She further explained that the applicant currently has two (2) existing mobile homes and an accessory apartment on 1.06 acres, and the request was for approval of the second mobile home. She stated that staff had originally recommend denial based on the size of the parcel and other concerns with land use; however, after reviewing the legal documentation in regard to a Life Estate on the property, staff recommends approval with the following additional language added in the Ordinance under 2. Terms: Section A. 5: Upon termination of the Life Estate, the Accessory Apartment shall cease to be utilized as a residence in any form. As an alternative, the accessory apartment may remain, and one of the mobile homes may be removed. In the latter case the accessory apartment must be made the primary residence and brought to the minimum living area size for the zoning district. The remaining mobile home will be considered as the temporary residence for care of the infirm, and will adhere to all conditions of this Conditional Use Permit. She stated that the Planning and Zoning Commission recommended approval for a CUP in A (Agriculture) by a 7 - 1 vote. She stated that there was no opposition from the adjacent property owners and that the applicants would be required to do a lot line deviation to create the parcel.

At this time, the Chairman opened the public hearing portion of the meeting.

No one present wished to speak in opposition to this request.

Ms. Leslie Campione, Attorney, representing Betty and John Holt, appeared before the Board and explained that the applicants live in an existing mobile home located on the property and an elderly gentleman lives in a 700 square foot accessory apartment in the rear of the property. She explained that the elderly gentleman obtained a Life Estate on the property at the time that he sold the property to Betty and John Holt and intends to reside on the property until his death. She illustrated on the site plan the location of the accessory apartment and the existing mobile homes. She explained that the applicant's son would reside in the second mobile home to take care of the extreme needs of Betty and John Holt, noting that a Physician's affidavit has been submitted confirming the need for assistance. She noted that the second mobile home was currently on the property. She explained that Betty and John Holt were told by the County, after they had placed their mobile home on the property, that a mistake had been made, and they were now asking for a permit to allow the second mobile home to remain on the property. She stated that the applicant's have agreed, as part of the CUP (Conditional Use Permit), that upon termination of the Life Estate, one of the units would be removed and the second unit would be subject to the annual renewal and conditions of the CUP.

Commr. Hanson stated, for the record, that she had previously discussed this situation with Betty Holt, the applicant.

There being no further public comment, the public hearing portion of the meeting was closed.

Commr. Cadwell made a motion, which was seconded by Commr. Good, to uphold the recommendation of the Planning and Zoning Commission and approve a request from Betty Holt, Petition No. CUP#98/4/4-5, for a CUP (Conditional Use Permit) in A (Agriculture) for placement of a second mobile home for temporary use for the care of an infirm relative - Ordinance No. 1998-36.

Commr. Gerber discussed the property rights of the adjacent property, and it was noted that the property rights would remain in place. At this time, a brief discussion occurred regarding the adjacent property and the lot line deviation.

The Chairman called for a vote on the motion, which carried unanimously by a 5 - 0 vote.

PETITION NO. CUP#98/5/1-2 CUP IN A SUMANG WILLIAMS

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for a CUP (Conditional Use Permit) in A (Agriculture) for placement of a second mobile home for temporary use for the care of an infirm relative on five (5) acres in South Lake County. She noted that a Physician's Affidavit has been submitted confirming the need for assistance. She stated that staff was recommending approval of a CUP in A (Agriculture) and that the Planning and Zoning Commission recommended approval by an 8 - 0 vote.

At this time, the Chairman opened the public hearing portion of the meeting.

It was noted that the applicant was present in the audience.

No one present wished to speak in opposition to this request.

There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request from Sumang Williams, Petition No. CUP#98/5/1-2, for a CUP (Conditional Use Permit) in A (Agriculture) for placement of a second mobile home for temporary use for the care of an infirm relative - Ordinance No. 1998-37.



PETITION NO. 18-98-2 R-1 TO R-3 STEVE HUBBARD/

HUBBARD DEVELOPMENT COMPANY

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was to rezone from R-1 (Rural Residential) to R-3 (Medium Residential) for subdividing into single family residential lots on 19 acres in the Urban Expansion Future Land Use category in South Lake County. She noted that there was no opposition to this request. She stated that staff was recommending approval to rezone from R-1 (Rural Residential) to R-3 (Medium Residential) and that the Planning and Zoning Commission recommended approval by an 8 - 0 vote. Ms. Farrell displayed on the monitor a site plan of the area in question.

At this time, the Chairman opened the public hearing portion of the meeting.

No one present wished to speak in opposition to this request.

Mr. Steve Hubbard, Hubbard Development Company, appeared before the Board and explained that access to the adjacent properties was through Hubbard Development Company property on a thirty (30) foot existing easement, and that the adjacent properties were existing working groves. He explained that a road which dead ends into the adjacent properties has been included on the preliminary plat.

There being no further public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request from Hubbard Development Company, Petition No. 18-98-2, to rezone from R-1 (Rural Residential) to R-3 (Medium Residential) for subdividing into single family residential lots - Ordinance No. 1998-38.

PETITION NO. PH#11A-90-2 AMD. TO CFD ORDINANCE

ASSOCIATION OF CHRISTIAN MINISTRIES

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for an amendment to CFD Ordinance #4-90 to add an adult camp to the existing and approved uses of a youth camp, gymnasium, dormitories, and related recreational accessory uses. She stated that staff was recommending approval to add an adult camp subject to the following conditions: 1) There shall be no RVs allowed to be parked, stored or setup on site as permanent RV camp sites; 2) There may be up to ten (10) RV's on site for use by staff or volunteers. These units will not be allowed any connection to sewer disposal systems. They shall use their self-contained systems and pump out as necessary at an off-site facility, and shall be temporary in nature; 3) There shall be no established camping sites; 4) The ten (10) cottage shall not exceed the number of persons allowed under CUP 353-2. This allowed 14 persons per cottage; 5) The dormitories shall not be permitted an increase in the present number of permitted beds; 6) Any additional housing structures shall require amendment via public hearing of the latest approved ordinance governing the use of this site; 7) Any events held on site shall require an Open Air Gathering permit as required by Section 10.03.01 Open Air Gathering and Other Temporary Uses, as amended or shall at a minimum provide to the Planning and Development Services Division a letter stating that sanitary facilities are available for the projected attendance of an event and a plot plan at an appropriate scale showing location of project entrance, gathering site, and parking area; 8) In no case shall any open air event be greater that 30 days; and 9) The applicant shall meet a minimum fifty (50) foot setback for any new structures. She noted that the Planning and Zoning Commission recommended approval, as conditioned, by an 8 - 0 vote.

At this time, the Chairman opened the public hearing portion of the meeting.

Mr. Steven Richey, Attorney, representing the applicants, appeared before the Board and explained that CFD Ordinance #4-90 predates any zoning Lake County had and was originally a CUP (Conditional Use Permit). He explained that the request before the Board, at this time, was to add the word adult to the existing ordinance to allow adults to continue to use the camp. He briefly discussed the conditions noted above, and explained that the RVs are on the property in three week intervals and used by the volunteers.

No one wished to speak in opposition to this request.

There being no further public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request from Association of Christian Ministries, Petition No. 11A-90-2, for an amendment to CFD Ordinance #4-90, as conditioned, to add an adult camp to the existing uses of a youth camp, gymnasium, dormitories and related recreational accessory uses - Ordinance No. 1998-39.



PETITION NO. CUP#881A-4 AMD. TO CUP #881-4 DANIEL FOGLE,

FOGLE CORPORATION DBA PIER 44 MARINA

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was to amend the exiting CUP #881-4 to include a deli/snack bar located on the St. Johns River. She stated that staff was recommending approval to amend existing CUP #881A-4, as conditioned, and that the Planning and Zoning Commission recommended approval with the following conditions: 1) There shall be no fryers permitted for the snack bar/deli; and 2) At such time as the marina ceases to operate, the snack bar/deli will also cease to operate. She noted that there was no opposition from the adjacent property owners.

At this time, the Chairman opened the public hearing portion of the meeting.

No one present wished to speak in opposition to this request.

There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request from Daniel Fogle, Fogle Corporation dba Pier 44 Marina, CUP #881A-4 to amend existing CUP #881-4, as conditioned, to include a deli/snack bar - Ordinance No. 1998-40.

PETITION NO. 20-98-2 AMD. TO PFD ORDINANCE #106-89

OPEN DOOR BAPTIST CHURCH

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for an amendment to PFD Ordinance #106-89 to delete 13.97 acres of land to rezoning from CFD (Community Facility District) to A (Agriculture) for residential/agriculture uses; and to rezone 2.03 acres from A (Agriculture) to CFD (Community Facility District) for a church and associated uses. She stated that the Open Door Baptist Church and the adjacent property owners, Mr. and Mrs. Dean Ellis, have agreed to a property swap giving the Ellis' frontage on the lake and providing the Church highway frontage. She stated that staff was recommending approval to rezone 2.03 acres from A (Agriculture) to CFD (Community Facility District) for a church and associated uses; and to amend PFD Ordinance #106-89 to delete 13.97 acres of land and rezone to A (Agriculture) for residential/agriculture uses. She stated that the Planning and Zoning Commission recommended approval of this request by an 8 - 0 vote.

At this time, the Chairman opened the public hearing portion of the meeting.

It was noted that the applicant was present in the audience.

No one present wished to speak in opposition to this request.

There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request from Open Door Baptist Church, Petition No. 20-98-2, for an amendment to PFD Ordinance #106-89 to delete 13.97 acres of land for rezoning from CFD (Community Facility District) to A (Agriculture) for residential/agriculture uses; and to rezone 2.03 acres from A (Agriculture) to CFD (Community Facility District) for a church and associated uses - Ordinance No. 1998-41.

PETITION NO. 22-98-2 A TO C-1 MARK SAUNDERS

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this was a request to rezone .18 acres (8,000 square feet) to C-1 (Neighborhood Commercial) to conform with the adjoining land uses for future commercial uses located on State Road 50. She stated that staff originally recommended denial of the request to rezone the property from A (Agriculture) to C-1 (Neighborhood Commercial); however, based upon further review and on the size and history of the parcel, staff was recommending approval to allow the applicant to liquidate the parcel in an easier manner. She stated that the Planning and Zoning Commission recommended approval by an 8 - 0 vote. She noted that there were letters in opposition to this request expressing legitimate concerns. Ms. Farrell displayed on the monitor a site plan (County Exhibit 1) illustrating the surrounding CP (Planned Commercial) zonings and discussed same.

Commr. Swartz stated that there were legitimate concerns regarding transportation issues and suggested that the Board find a way to insure that the whole area along State Road 50 develops in a way that was consistent because of the transportation issues.

At this time, the Chairman opened the public hearing portion of the meeting.

No one present wished to speak in opposition to this request.

Mr. Mark Saunders, the applicant, appeared before the Board and responded to a question presented by Commr. Good regarding the neighbors' concerns with access onto State Road 50, and stated that the request for rezoning was to conform with the adjoining land uses for future commercial uses. He stated that the uniqueness of the parcel was the entrance from State Road 50 and briefly discussed the entrance.

Mr. Jim Stivender, Senior Director, Department of Public Works, appeared before the Board and stated that the County has worked with the Florida Department of Transportation on access management, and the existing drive and culvert are in place for access to all of the adjoining parcels. He stated that the Florida Department of Transportation would probably grant a second right in, right out access point, if needed, and a deceleration lane may be required depending on the size of the site and how much the site will be used.

Commr. Good noted that State Road 50 was an area that the County has been looking at very seriously about maintaining the flow of traffic.

Commr. Hanson discussed the issue of access and stated that the parcel would have to be incorporated with the adjoining properties in the future because of the size of the parcel and, therefore, the County and the Florida Department of Transportation would be looking at the whole parcel at one time.

Commr. Swartz stated that the question was whether or not we will be able to insure a single access and cross access easement across what appears to be to CP (Planned Commercial) parcels. He questioned if those issues would be reviewed through site plan review; at which time Ms. Farrell indicated that at site plan review everything within a quarter mile would be reviewed.

Commr. Hanson stated that she does not support the C-1 (Neighborhood Commercial) zoning and suggested that the parcel be rezoned to CP (Planned Commercial) to be consistent with the surrounding parcels.

Commr. Gerber requested discussion on how County access management interfaces with the Florida Department of Transportation; at which time, Mr. Stivender explained that the Florida Department of Transportation provides legal access to the adjoining property owners on a state road, and the County must deal with issues beyond the transportation issues.

Commr. Swartz stated that the Florida Department of Transportation was in the access business on state and federal highways and Lake County was in the land use business. He stated that at the time that the first CP (Planned Commercial) comes in for development approval, the County would be looking at the land use and the access to that land use, and can then provide for cross access availability for a second easement.

At this time, the Board reviewed on the monitor proposed language in the Ordinance under Terms: D. Access Management addressing language in Section 9.05 of the Lake County Land Development Regulations.

Ms. Farrell explained that staff has determined that the C-1 (Neighborhood Commercial) zoning was less intensive and, therefore, the appropriate zoning.

Commr. Hanson reiterated concern that the appropriate zoning would be CP (Planned Commercial) and that this parcel would be brought back to the Board in the future as part of the adjoining parcels because of the small size of the parcel.

There being no further public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request from Mark Saunders, Petition No. 22-98-2, for rezoning from A (Agriculture) to C-1 (Neighborhood Commercial) to conform with the adjoining land uses for future commercial uses - Ordinance No. 1998-42.

PETITION NO. 17-98-4 RM TO R-4 LAKE COUNTY

Mr. Rick Hartenstein, Planner I, Department of Growth Management, explained that this request was to rezone from RM (Mobile Home Residential) to R-4 (Medium Suburban Residential) to allow for conventional homes to be built in the Astor area. He stated that there were presently five (5) conventional homes that have been permitted by the County on the St. Johns River front lots. He explained that staff has reviewed the request under the Urban Residential Density Point Rating System and it has been determined to be eligible for a density of 4.5 dwelling units per acre in the Urban Expansion Future Land Use Category. He noted that there were 12 sites on 5.4 acres. He stated that staff was recommending approval to rezone from RM (Mobile Home Residential) to R-4 (Medium Suburban Residential, and it was noted that the Planning and Zoning Commission recommended approval by an 8 - 0 vote. He stated that the subject property was part of St. John's Waterfront Estates, 1st Addition, an unrecorded subdivision. At this time, an aerial map (County Exhibit 1) was displayed on the monitor. Mr. Hartenstein explained that, as zoning clearances are issued to obtain a building permit, one of the requirements would be for first floor elevation, which would require a surveyor to certify that the first floor of the conventional home was at least 18 inches above the base elevation of the flood level as required in FEMA regulations.

At this time, the Chairman opened the public hearing portion of the meeting.

No one present wished to speak in opposition to this request.

There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

Commr. Good expressed concern with environmental issues as they relate to this rezoning and, for purposes of discussion, questioned if putting a conventional home on an island was a good management practice. He expressed concern that there would be no changes required with the road, no compensatory storage requirements, and the County would be allowing all of the things that are not recognized as good management flood level uses. He suggested that the County find some other option to allow uses with structures that are less permanent, such as mobile homes.

Commr. Hanson stated that Commr. Good's concerns were valid, and that the Board was now addressing decisions that were made in the past. She stated that this was a problem that must be addressed and those who move on the property should be very much aware of the flood potential. She stated that her real concern was with the septic tank issue and noted that the density of 12 sites on 5.4 acres was not being increased with the rezoning.

Commr. Swartz stated that there was a difference between the existing zoning and the requirements being presented today. He stated that he was not sure if it was better to have the RM (Mobile Home Residential) zoning and allow mobile homes, or to have R-4 (Medium Suburban Residential) which would allow the same density. He noted that the requirements of the code would have to be met which was 18 inches above the 100 year flood level for the base floor level. He stated that the only way to not see develop occur in the area would be for the County to purchase the land.

Commr. Gerber suggested that the Board consider including language in the Lake County Land Development Regulations that require houses to be built on pilings or stilts in flood prone areas such as along the St. Johns River.

At this time, staff was directed to prepare additional language to be included in the Lake County Land Development Regulations to address the issue of zonings in low lying areas prone to flooding where parcels were previously platted and have development rights.

Commr. Hanson made a motion, which was seconded by Commr. Cadwell, to uphold the recommendation of the Planning and Zoning Commission and approve a request from Lake County, Petition No. 17-98-4, to rezone from RM (Mobile Home Residential) to R-4 (Medium Suburban Residential) to allow for conventional homes - Ordinance No. 1998-43.

Commr. Good expressed concern that this was a County initiated action to allow conventional homes to replace mobile home residential zoning in an area that the County knows is prone to floods. He stated that these lots would be flooded at some time in the future and that it would be just a matter of time before the roadway also floods. At this time, extensive discussion occurred regarding regulations in the Lake County Land Development Regulations.

Commr. Swartz explained that the reason for the rezoning was because there are individuals who have development rights on the lots in question who are wanting to build conventional homes as opposed to mobile homes, and the action today would allow those property owners to build conventional homes without requesting individual rezonings.

Mr. Hartenstein clarified that there was only one (1) river front lot along the river that does not already have a single family residence built. The remainder of the lots are west of the roadway on the opposite side.

The Chairman called for a vote on the motion which carried by a 4 - 1 vote.

Commr. Good voted in opposition to the request.

FOR YOUR INFORMATION

CODE ENFORCEMENT

Ms. Sharon Farrell, Senior Director, Department of Growth Management, informed the Board that on May 19, 1998 the Board requested staff to review the zoning for a scrap and steel company by the name of Midway Iron and Metal. She stated that Code Enforcement has reviewed this issue and found that Midway Iron and Metal has an occupational license, went through a DRI (Development of Regional Impact) site plan review in February, and was a legal use on State Road 50 with the exception of the signage.

REPORTS

COUNTY ATTORNEY

CONTRACTS, LEASES & AGREEMENTS/COURTS

Ms. Valerie Fuchs, Assistant County Attorney, presented the request for approval of a contract between Lake County and the Floridians for Fairness in Court Funding regarding the Article V campaign, and noted that an amendment to the agreement has been made at the request of the Clerk's Office. She directed the Board's attention to the amended Contract for Campaign Information Services, which had been distributed prior to the discussion this date, and reviewed the amended language in Section 3. (f) Governing Laws, as follows: Nothing herein shall be construed to authorize or constitute an agreement for the expenditure of funds contrary to the opinion of the Supreme Court of Florida in People Against Tax Revenue v. County of Leon, 583 So. 2d. 1373 (Fla.1991), or to the opinion of the Florida Attorney General in AG) 98-33.

Commr. Cadwell noted that the Floridians for Fairness in Court Funding was part of the Florida Association of Counties.

Commr. Gerber made a motion, which was seconded by Commr. Hanson, to approve the Contract between Lake County and the Floridians for Fairness in Court Funding (Florida Association of Counties) regarding the assessment of the Article V campaign, as amended.

Mr. Tony Landry, representing himself as a taxpayer of Lake County, appeared before the Board in opposition to this request and stated that the Article V revision may be good for County government but not good for Lake County taxpayers. He expressed concern that once the funding goes to the state, the taxpayers of Lake County would end up funding the courts system through the state without decreasing the tax burden locally. He stated that, if the state has to pay for the local courts system, the state will have to produce revenues in some fashion, which means that the taxpayer would end up paying more money to the state. He stated that he does not feel that his local taxes will be decreased at the same rate that the state taxes will be increased, and that he has better control over the courts system as long as the funding stays in the County locally.

The Chairman called for a vote on the motion, which carried unanimously by a 5 - 0 vote.

MEETINGS

Ms. Valerie Fuchs, Assistant County Attorney, informed the Board that the County Attorney was requesting a Closed Session, under Chapter 286.011, to meet privately with the Board to discuss litigation in the case of Todd v. Lake County. She stated that they were asking for a June meeting date for the Closed Session to allow time to provide reasonable public notice.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved authorization for the County Attorney's Office and staff to schedule a Closed Session of the Board to discuss litigation in the case of Todd v. Lake County as provided for under Chapter 286.011.

COMMISSIONER GOOD - DISTRICT NO. 2

Commr. Good informed the Board that a meeting would be held this evening, May 26, 1998, at 7:00 p.m., at the United Methodist Church to discuss the topic of Lyme Disease.



COMMISSIONER SWARTZ, CHAIRMAN - DISTRICT NO. 5

Commr. Swartz announced that there was a League of Cities meeting on May 27, 1998 at 6:00 p.m. It was noted that a table has been reserved for the Board of County Commissioners.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:35 a.m. __________________________________ G. RICHARD SWARTZ, JR.,CHAIRMAN



ATTEST:





_________________________________

JAMES C. WATKINS, CLERK



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