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COUNCIL OF GREENBURGH CIVIC ASSOCIATIONS Minutes of Special Meeting--January 8, 2002 with Supervisor Paul Feiner In October 2001, Supervisor Paul Feiner requested to meet with the CGCA. A special meeting was scheduled for January 8, 2002, at 8:30 p.m. at the Multipurpose Center at Anthony F. Veteran Park. Chairman Danny Gold welcomed Supervisor Feiner. Issues discussed included: SECURITY MEASURES -- BARRING CIVIC ASSOCIATION MEETINGS AT TOWN HALL Danny Gold noted that a number of people are unhappy that Mr. Feiner has barred the CGCA and other groups from holding evening meetings at Town Hall. Town Hall is centrally located. The Multipurpose Center is out of the way, and there is a lack of lighting in the dark, desolate parking lot. Several CGCA representatives previously indicated that they would not attend evening meetings held at the Multipurpose Center. Supervisor Feiner responded that following September 11, Town Hall was evacuated twice because of an anthrax scare and because somebody left a briefcase unattended. He stated that "the average employee was petrified" and at the request of employees he asked the Police Chief to come up with a plan to tighten security. Mr. Feiner noted the Police Chief felt that Town Hall, as the center of our town government, was a logical possibility for a terrorist attack. Mr. Feiner stated that he was following the Chiefs recommendations, but is "constantly monitoring and tweaking the plan and will make adjustments as appropriate." Mr. Feiner stated that community groups could hold meetings in a number of municipal buildings:
Mr. Feiner also stated that groups could meet at churches or firehouses. He noted that the Poet's Corner Civic Association planned to hold its meeting at the Solomon Schechter School. He stated that the school wants to be a good neighbor and would be willing to work with groups. Alice Moroney asked if there would be a central register, listing where all these meetings would take place in case the public wants to attend. Mr. Feiner indicated that the Town could come up with a registry and post on the Internet where meetings would be held if she thought that it would be valuable. Several CGCA members noted that Greenburgh appears to be the only municipality imposing such restrictions. Mr. Feiner stated that was not true and mentioned that the County Executive and County office building have armed police security and "you can't even protest outside a county facility without getting a permit." When asked if there were any other towns or villages imposing restrictions, Mr. Feiner replied, "Every government body is at risk ...I think every elected official in every community should be imposing security at their municipal buildings, and I think it's a mistake not to." He noted that if terrorism continues, it might be necessary to tighten up security even more in Greenburgh. Mr. Feiner stated, "I feel better with the security." He said, in his opinion, there should be more police presence everywhere--in malls and in every school, like the community resource officer in the Central 7 School District. Ella Preiser asked how the current security would prevent another anthrax scare or an unattended briefcase incident. Mr. Feiner acknowledged that it would not. He stated that it is impossible to prevent or eliminate terrorism and that if somebody wants to commit a crime the security would not prevent it, but it would reduce the potential. He said that employees were highly critical of his earlier policies and one of the mistakes during his administration was not instituting security measures sooner. He noted that once he was chased around by somebody swinging a bat, and there were other instances, which he was not at liberty to divulge, where security was warranted. Lorrin Brown questioned why Mr. Feiner was setting policies and not the Town Board. Mr. Feiner responded, "This is an executive decision and under New York State Town Law, I'm authorized to make decisions relating to the day-to-day operations of Town government. This is an administrative decision." When asked which provision on Town Law he was referring to; Mr. Feiner stated that he obtained "a verbal opinion from the Town Attorney." When Catherine Lederer-Plaskett asked if he would document this decision, Mr. Feiner responded in a hostile way and stated, "Why don't you file a lawsuit and see if you win." Mary Tobias noted that some of us where led to believe the Town Board would be voting on the matter at tomorrow night's Town Board meeting. Mr. Feiner responded, "There will not be a vote. It's not on the agenda, and no member of the Council wanted to put it on the agenda." Mr. Feiner repeatedly stated that he instituted the security measures because he has a responsibility to protect town employees. CGCA members questioned the reason for keeping some groups out of the building after 5 p.m. when employees have left the building. Mr. Feiner replied that there is a risk when people come into the building because the facility is not secure and there are files and cabinets in the hall. He stated that two years ago his secretary was very upset because papers were always missing. He did not respond to a question of whether he thought the CGCA was responsible. Catherine Lederer-Plaskett commented that the purpose of the security measures -- installing a video camera and hiring a guard -- was to allow people in, not keep them out. Francis Sheehan asked if the reason was money, and had Mr. Feiner decided that some groups were worth paying $13 an hour for a guard and some were not. Mr. Feiner stated, "It's money and security and the fact there's other spaces that are just as accessible to the Greenburgh community." Mr. Feiner noted that constituents had told him, "I hope you don't back down because you're running the Town government and we appreciate the fact you're looking out for town employees and the residents, and they're making a mountain out of nothing." Mr. Feiner told CGCA members, "It seems to me it's a political issue and you're trying to create controversy over something that is totally petty and ridiculous. And the average person understands that and I'm not concerned." Throughout the conversation about security issues, Mr. Feiner asked to move on to another topic. He stated, "I'm Town Supervisor for two years and this is the policy and we really should move on since I am not going to convince you and you're not going to convince me. I'm not going to change the policy." When Hal Samis asked if there could be a compromise, Mr. Feiner replied, "I'm not going to compromise." However, Mr. Feiner did state that he was going to develop a new written policy for the use of government buildings. He promised, "I'll make it clear and discuss request forms so people will understand the procedures and when exceptions perhaps could be made if they're appropriate, and I'll present it to you." SUPERVISOR FEINER'S NEW SECURITY MEASURES CAUSE MEETINGS TO END AT 11 P.M. & LIMIT SPEAKERS' TIME Hal Samis noted that Mr. Feiner's security measures not only prevent some boards and community groups from using Town Hall as a meeting place but also force all board meetings to end by 11 p.m. Mr. Feiner stated that he had two reasons for ending meetings at 11 p.m. -- one was security and the other was because it is difficult to concentrate after 11 p.m. He noted, "People go on and on and on, and nobody's paying attention." He stated that constituents at the supermarket were complaining to him that "it is getting ridiculous. A handful of people are taking up all the time and we should be running the Town Board meetings like a business." Mr. Samis received no response to his inquiry whether the people Mr. Feiner meets at the supermarket -- who never show up at Town Board meetings -- are compelled to watch the meetings on television. Lorrin Brown raised the issue of Mr. Feiner's policy limiting speakers to five minutes and his use of a kitchen timer when people speak at Town Board meetings. Mr. Brown questioned why some. developers get to speak more than five. minutes. Mr. Feiner replied that he wasn't sure whether Francis Sheehan noted that Town Board agenda are frequently three to four pages, legal size paper, and it's difficult to respond in five minutes to a broad range of issues. Mr. Feiner claimed that 5 minutes was the procedure everywhere. When asked to identify which communities, Mr. Feiner mentioned Westchester County and stated that he was limited to two or three minutes when he spoke on closing Indian Point. Hal Samis noted that in Mr. Feiner's example, all speakers were on the same side of one issue, whereas at Town Hall people speak on various issues. Mr. Sheehan commented that the Ardsley Village Board does not limit the time for speakers. Several CGCA members recalled recent newspaper articles about other communities where hearings continued late into the night or were adjourned and rescheduled for another date. Mr. Feiner stated that he wants to run meetings "so the Town Board gets the maximum benefit." He noted that `eve don't have to, by law, have an open portion where we allow citizens to speak. We can say you can't speak except for public hearings." He insisted that most of the controversy does not occur during public hearings and the average person does not abuse the time limits. He stated that "the only people who abuse the speaking rules are seated in this room." It was noted that those are the only people who regularly attend town meetings. Mr. Feiner mentioned, "If we run tighter meetings and people speak for five minutes, you get more accomplished and also the level of concentration of the people you're trying to influence is higher." He noted that after 11 p.m. he gets tired and it's hard to concentrate. He stated, "It's difficult when somebody's talking about all these little details." Ella Preiser noted that if proposed laws were written better, she wouldn't have to go line-by-line. Mr. Feiner chastised her for comments she had made in the past and said, "it would be nice if there was a little more dialog." Mrs. Preiser reminded him that in the past, town attorneys were willing to work with her and listen to her suggestions prior to meetings, unlike the current situation. She also reminded Mr. Feiner there are court decisions that state the board cannot limit speaking time at public hearings. Mr. Sheehan asked if Mr. Feiner would consider adopting the policy used by other communities, as well as the Greenburgh Planning Board and Zoning Board of Appeals. That policy allows people to speak as long as they are giving new information and not being repetitive. Mr. Feiner stated, "I'm willing to take a look. I don't want to commit. I'll keep an open mind and consider the comments people made." PROFILING AND SECURITY COSTS Francis Sheehan noted Mr. Feiner's policy requiring visitors to be escorted in Town Hall is selectively being enforced ‑some people are escorted, some are not. Mr. Sheehan asked what kind of profiling was being used to decide who needs an escort. ‑Mr. Feiner replied that he would ask the Police Chief and the security guard about it. Some CGCA members were surprised to learn that employees were escorting visitors. Hal Samis suggested that the cost of security was not just $30,000 for a security guard. The cost must also include the time taken away from employees' jobs. Mr. Feiner stated, "I'm very proud of the way town government is run. I feel that our town staff is being used productively." "OPEN" GOVERNMENT Catherine Lederer-Plaskett questioned whether Mr. Feiner was rethinking his original ideas of "open" government. Mr. Feiner responded, "I think we're becoming much more open." He later stated that each elected official has to consider how to best do the job of reaching out to the public and that could mean "going to civic association meetings or going to the supermarket." He stated, "Open government to me is having dialogs with groups, it's not just adversarial." He noted he sat down with the Poet's Corner Civic Association regarding the Solomon Schechter School and worked out compromises that everyone could live with and feel good about. He mentioned he is currently working with East Irvington regarding the Unification Church property and Mayfair-Knollwood regarding the WestHelp and Grasslands homeless shelters. HOMELESS SHELTERS Alice Moroney commented that the Pocantico Hills Central School District (PHCSD) is very concerned because it has been left out of negotiations regarding the homeless shelter that County Executive Andrew Spano has proposed for the Grasslands Reservation. Although the school is located in the Town of Mount Pleasant, the majority of children in the school district live in Greenburgh (including Beaver Hill, Knollwood Manor, and Westchester Hills). Currently, negotiations regarding the number of beds in this proposed Grasslands shelter are linked to negotiations on whether to extend the lease for the WestHelp homeless shelter (in Greenburgh). The Greenburgh Town Board is allowing the Mayfair-Knollwood Civic Association (M-KCA) to negotiate regarding the WestHelp lease. Ms. Moroney noted that the school wants to be represented and had sent a letter to Mr. Feiner. She added that Mr. Feiner wrote a letter to County Executive Spano, dated January 4, 2002, requesting that a private meeting take place with only Mr. Spano, Ned McCormack (President of the M-KCA) and Mr. Feiner present. She was not sent a copy of Mr. Feiner's letter. Mr. Feiner stated he personally wants to see WestHelp continue; however, he has told both County Executive Spano and Mr. McCormack that the Town Board would support the closing of WestHelp if an agreement could snot be reached to reduce the population at the proposed Grasslands shelter. Ms. Moroney responded that if WestHelp is closed, Mr. Spano stated he would transfer the 108 families to Grasslands and that would further impact the Pocantico Hills School District. Mr. Feiner stated that Greenburgh has no control or standing regarding what happens on the Grasslands Reservation in the Town of Mount Pleasant. He added that if a settlement is reached with the county regarding numbers, he would be willing to meet with the PHCSD before the Town Board ratifies the agreement. Ms. Moroney noted that the PHCSD feels Mr. Feiner should be the one negotiating a settlement rather than the M-KCA. Mr. Feiner responded that a few years ago he made a commitment to the M-KCA that he would ,follow their lead. He doesn't want to be involved on a daily basis because he doesn't want the M-KCA to feel he sold them out. He stated, "If I come in at the right time, I may be able to close the deal and make everyone happy." He noted he has been lobbying Mr. Spano frequently to abandon the project or reduce the number of beds at the proposed Grasslands shelter. Ms. Moroney asked if Mr. Feiner had contacted Peter Lisi (Superintendent of PHCSD). Mr. Feiner replied, "Peter Lisi should be happy with what I'm doing. What I'm doing is what he wants done, which is to reduce the number of homeless." Ms. Moroney asked if Mr. Feiner would answer Mr. Lisi's letter. Mr. Feiner replied he had answered the letter. Ella Preiser asked what Mr. Feiner's response had been. Mr. Feiner said he thought his reply was about WestHelp, but he probably should have torn up the letter and that he will write another letter after tonight's meeting. Mrs. Preiser urged Mr. Feiner not to pit civic associations or school districts against each other and requested that he copy Alice Moroney on any letters since she is ,representing the CGCA on this issue. NEW SANITATION SCHEDULE WITH FEWER GARBAGE PICKUPS Danny Gold raised concerns about the Town's decision to limit garbage pickups to once a week during weeks with holidays. Mr. Gold had a copy of the Irvington sanitation schedule, which illustrated the village was able toy continue twice-weekly garbage pickups and also pick up recyclables during holiday weeks. Several CGCA members mentioned that the new Town schedule was not working well and that garbage sat curbside all over town during the past weekend. Mr. Feiner acknowledged: "Last week was a disaster, and the 'Town could have done better preparation in introducing the new schedule." Mr. Feiner stated that the Town found residents were disposing of newspapers with their garbage during holiday weeks and this costs the Town money -- $22.50 a ton for garbage versus no cost for disposing of recyclables. He noted that Westchester County is also tightening up procedures on dumping. He mentioned that people have been asking why it takes two days to pick up recyclables during holiday weeks when it only takes one day during regular weeks. He explained the Town is using the crews to pick up yard waste. CGCA members noted there is very little yard waste during winter months. Danny Gold remarked that there has to be some creative solution and urged Mr. Feiner to use his contacts around the country to learn what other communities are doing. Mr. Feiner replied that he spoke with the Sanitation Commissioner and they will open up the sanitation garage so that people can bring garbage there. He also stated that the Town would be willing to go to residents' homes and show them how to do a better job of recycling. Mr. Feiner mentioned that until recently he used to open letters and throw the envelopes into the garbage instead of the recycling bin. He suggested most people do what he used to do. Some CGCA members took exception to his statement. Catherine Lederer-Plaskett commented that during holidays people have company and the kids are home from school and you're creating twice as much garbage. Mr. Feiner repeated that is why the town is opening up the sanitation garage for people to bring their garbage. Ms. Lederer-Plaskett responded that a person would have to find time to get there before the garage closes at 4 p.m. She explained garbage cans do not fit in most cars, and it is not logical to think residents want to transport garbage that stinks and could spill in their cars. She also noted that residents don't have sufficient room to store garbage and if they set it outside, animals could get into it. She mentioned, according to Town law, you're not supposed to set garbage outside and you're not allowed to have a shed to keep garbage in. Danny Gold again urged Mr. Feiner to find a 'creative solution. Mr. Feiner threw out an idea `What if, instead of just opening up the sanitation garage, we take specific times like two hours, and open up an area. in East Irvington and other areas of the town?" Several members again objected to transporting garbage in their cars. Mr. Gold suggested that instead of garbage, maybe there could be drop-off places for recycling materials during holiday weeks. Catherine Lederer-Plaskett suggested this was "deja vu" all over again. She reminded Mr. Feiner that two years ago when former Councilman Les Adler advocated eliminating a garbage pickup during holiday weeks, the public had input at a board meeting. Residents told the board they would rather store clean recycling material than smelly chicken bones and dirty diapers. She noted people felt good that they were part of the decision-making process, but now that decision has been turned around and residents didn't find out about the change in policy until the schedule arrived in the mail. Francis Sheehan commented that he, too, had a problem with the process. He questioned why the decision was made behind closed doors, without any public input, and without the knowledge of two of the Town Board members Councilwoman Barnes and Councilman Bass who expressed shock when the issue was brought up at a board meeting. Mr. Feiner stated that was not true and "they specifically said to Al to do this." Mr. Feiner said he was there and "I saw them say it." Mr. Sheehan noted that the change in the garbage schedule is similar to other issues the community had input on and thought were dead, such as access to Town Park by village residents. Mr. Feiner questioned, "Who said not to do it?" Mr. Sheehan reminded Mr. Feiner that several years ago he had appointed a committee, which Cleo Oliver chaired, that studied the issue and recommended unanimously that the town not permit village residents access to town parks unless they agreed to pay their fair share of the bond. Mr. Sheehan noted without any public input, we found on an agenda that the town was going to vote to allow access for handicapped children and their families and a limited number of tennis players. Mr. Sheehan commented that he was not opposed to providing access to handicapped children, but disturbed by the process. It was also noted that the Town Board is currently considering a revision to the 14VAC law that the community opposed when the law was adopted. Mr. Sheehan noted that the Town is hiring a new code enforcement officer for the Sanitation Department. He questioned what discretion the code enforcement officer would have, and noted that the Town has not amended the Sanitation Law, which regulates the amount of garbage one can set out -- two twenty-gallon cans per pickup day. Mr. Sheehan mentioned that the fine for violating the law was substantial. Mr. Feiner agreed to take a look at the issue. GREENBURGH CAMPAIGN FINANCE COMMISSION RECOMMENDATIONS Catherine Lederer-Plaskett asked Mr. Feiner if he planned to adopt any of the recommendations made by the Greenburgh Campaign Finance Commission (GCFC) which she co-chaired. Mr. Feiner responded that he would "take another look at the recommendations and speak to Councilman Steve Bass to see if they could start implementing some of the recommendations." Francis Sheehan asked Mr. Feiner if he felt the GCFC was a biased board. Mr. Feiner responded that "some members were." Mr. Sheehan pointed out that many of the people who served on the GCFC were friends of Mr. Feiner and hand picked by him. The commission had also included several members from the League of Women Voters, an attorney at the Brennan Center for Justice at NYC normal "School of Law and the Director of the Michaelian Municipal Law Resource Center at Pace University. Both Ms. Lederer-Plaskett and Mr. Sheehan, who had also served on the GCFC, commented that over a year had past since the recommendations were submitted and that Mr. Feiner had said repeatedly that he would take another look and speak to Councilman Bass. They noted that Mr. Feiner had scheduled but then cancelled several meetings to discuss the GCFC's recommendations. PUBLIC ACCESS CABLE TELEVISION Mr. Feiner announced that he is scheduling a meeting at the end of January of the cable TV board. CGCA members asked, `What board?" Mr. Feiner replied, "The same advisory board that was appointed by the town, including Del Hillgartner and Antonio Correia." Mr. Feiner noted he was also appointing Carl Kellerman and Terry Pavone to the cable advisory board. He stated that he had met last week with George Malone (Cable Director) and asked him to come up with a draft of how many people have expressed interest in having a TV program and "they'll schedule the times." Mr. Feiner stated that what he thought would make sense is to allow public access programs Monday through Thursday, present a community event (e.g., a dance or a school band) on Fridays, and feature different programs about Greenburgh (e.g., the Parks Department) on Saturdays and Sundays. Ella Preiser asked if Cable Director George Malone was an employee or under contract. Mr. Feiner replied that he wants to come up with a proposed contract by the end of the month. Francis Sheehan and Hal Samis asked if the contract would go out to bid so that anyone: who has expertise in cable TV can bid on it. Mr. Feiner replied that the Town Board doesn't have to go to bid because it's a professional service, Mr. Malone is already doing the work and the board wants somebody it feels comfortable with. Mrs. Preiser asked where filming will take place since the town is not renewing the lease for the cable studio on East Hartsdale Avenue. Mr. Feiner replied he has to work on that. Catherine Lederer-Plaskett and Francis Sheehan reminded Mr. Feiner that the town has taken no action, and it has been over a year since the Greenburgh Campaign Finance Commission recommended the creation of a five-member, multi-partisan board that would establish rules of procedures and determine how members should be selected for an independent, not-for-profit Cable Access Television Board. Mr. Feiner stated his goal would be to create a temporary citizen cable TV board to serve as a transitional board that step by step would create procedures and move cable TV toward an independent board that is as apolitical as possible. Mr. Feiner said he wants three or four people who haven't been involved in the community, haven't attended Town Board meetings, haven't been involved in campaigns, haven't been involved in the process, but really are interested in cable TV. Ms. Lederer-Plaskett reminded Mr. Feiner that is exactly what he said at GCFC meetings, but he has made no effort to find those people. She noted that the people Mr. Feiner has hand picked have been involved in the community. Mr. Feiner responded: "I've asked Del Hillgartner to chair the Advisory Cable Committee and he hasn't always agreed with me and probably hasn't always agreed with anyone in the room. He's totally independent." Mr. Sheehan voiced concerns that have been frequently expressed by the CGCA and others that public access cable television should be accessible to the public and controlled by an independent group. He noted Mr. Feiner is saying he gets to pick the cable director and approve the contract that determines the cable director's salary and the number of hours he will work. Mr. Feiner also gets to pick the cable board, who will serve at his pleasure and can be dismissed at will. Mr. Sheehan questioned how this arrangement falls into the mold of being an independent entity, and remarked that the Town government should not be in a position where it controls what goes out on our public access station. Mr. Sheehan noted that the GCFC, after many meetings, recommended what it thought was the best way to move Greenburgh's politically controlled cable TV system toward an independent system. He questioned why Mr. Feiner was rejecting the commission's way of doing it. Mr. Feiner said he disagreed with spending all the Dollars on it. Mr. Sheehan asked whether Mr. Feiner would be willing to do it if we spend no more money. Mr. Feiner said he wanted a fair process of selecting people. Mr. Sheehan noted that process is in the report. Mr. Feiner stated that there is a town government right now and a de facto loyal opposition. He stated the Greenburgh Democratic Committee has not been supportive of his philosophy and his style of government, and he does not think that the Democratic Committee should pick the people who are going to be representing his interest. Mr. Feiner stated that he wanted a system that was fair and mentioned the candidates' tapes that played on cable TV prior to last year's elections. CGCA members noted that the Town Board did not follow the rules it adopted on August 30, 2001. Debates were pulled from the air, some programming was censored and removed from the air, and candidates' tapes were not telecast according to the rules. Mr. Feiner insisted that he was not aware of any inconsistencies and did not direct George Malone to change rules. When questioned, Mr. Feiner replied that Mr. Malone did it on his own. Mr. Feiner later acknowledged that he did order that the debates be pulled from playing before the primary election. Mr. Feiner noted that he was concerned during the campaign season that the airing of programs like "The Three C's, that are critical of the town government," give some candidates an unfair advantage. Lorrin Brown said Mr. Feiner is presuming that everybody is watching a program and will believe what is said. Mr. Feiner insisted that there should be a procedure to remove certain programs during campaign seasons. Ella Preiser reminded Mr. Feiner that there is a First Amendment. Francis Sheehan asked when training sessions would be held for those who had applied for a cable TV program. Mr. Feiner asked, "What training session?" Mr. Sheehan noted that we wanted to be trained in how to use the equipment. Mr. Feiner responded, "This isn't equipment, this is basically just to have a program." Mr. Sheehan explained that in most communities public access cable TV is much less expensive to operate since those who have programs learn to use the cameras and editing equipment and produce their own programs. Mr. Sheehan noted that it is not fair to have a town employee, who can be fired at the town's direction, editing the programs of residents. Mr. Feiner responded that he would take that under consideration and be open‑minded about it. Mr. Feiner was asked how many people had signed up for a cable program by December 15, 2001. He said he did not know. He also responded that he did not know if applications were still being accepted. He did assure CGCA members that everyone who wanted a cable program would get one. PUBLIC
ACCESS CABLE TELEVISION--SIGNIFICANT
PROGRESS MADE Mr. Feiner stated that he did not want political parties to have a role in selecting an independent cable board. He commented that the CGCA, in some ways, has become a loyal opposition in the town. He stated that the term "loyal opposition" doesn't mean there's something wrong and noted that CGCA members had been spending the time and have come up with constructive comments. He proposed a system that he said he could live with--the Town government would come up with two people and the CGCA would come up with two people to serve on a cable board that would establish procedures. Mr. Sheehan asked if the League of Women Voters could pick the fifth person. Mr. Feiner indicated that some people on the LWV were a little negative. He suggested, "It should be someone from the LWV who doesn't live in the down, doesn't know the personalities:: and doesn't lave; an opinion." CGCA members stated that they could support Mr. Feiner's proposal. Mr. Feiner stated that he would bring the proposal up and see if he could move it forward at the Cable Advisory Committee meeting at the end of the month. Hal Samis noted that he finds it odd that the Town Board appoints the chair of a committee rather than permitting the members of a committee to appoint a chair. Mr. Samis suggested this would give the public a greater sense of confidence in the independence of the committee. Mr. Feiner stated, "I'll think about that." |
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