SUPERVISORíS MEETING
May 13, 2010

The Jackson Township Supervisors held their regular meeting at 8:00 a.m. at the Jackson Township Municipal Building. Members present were Supervisors Bruce Baker, John Wallet and Mark Westrick along with Secretary-Treasurer / Manager Dave Hirko and Solicitor Bill Barbin. The meeting was called to order by Chairman Bruce Baker with the Pledge of Allegiance to the flag.

Board Roll Call was taken with all three Supervisors present.

Executive Sessions Held:
(None)

Public Comments Concerning Agenda Items:
Clair Michaels commented, one time before. . these speed limits. . .somebody wanted to lower it less than 25 mph in the Township and you werenít allowed to go lower than 25 mph. . . did they change that? Chairman Baker replied, no. . we just put up signs. . we didnít change anything. Michaels said, what Iím saying is. . the Township at that time the Supervisors said you canít go less than 25 mph on speed limits in the Township. . . you know what Iím saying? Baker replied, these signs are in Leisure Village in the trailer park. Michaels continued, all Iím lookin at is one time they said you couldnít change it to less than 25 mph and now here you are makin them less. Baker said, we did not make them less. These are existing speed limits. We didnít reduce them in any way. Michaels said, you know what Iím saying. . they said you werenít allowed to have them less than 25 mph. Supervisor Westrick said, youíre allowed to have speed limits less than 25 mph. Baker said, these were here before me. Solicitor Barbin said, on Township roads you can. . not on State roads but on Township roads you can. Michaels said, well thatís what they said and thatís why they wouldnít let em. Thatís been a long time ago I know but I remember them sayin that. Barbin said, if not, you make everything 15 mph and nobody will follow anything. Thatís the problem with making rules too strict. Michaels said, but in some areas. . I donít even remember where. . they wanted 15 mph. Baker said, in your own driveway you could be going 15 mph.

Eugene Kist said, Mr. Baker. . on this Chickaree Hill Sewer Project that Redevelopment Authority was here one day this week and asked me questions such as how much to you make a year, whatís your income. . this and that and said thatís just bull and he said . . well. . you have to do this to get that. I said Iíll answer some of your questions and he said itís confidential. I said confidential hell. . you have it in your records and your records are open to the public. On this project down there, did you do anything on it as far as the Township. . itís running green. Chairman Baker asked, you mean the sewer runoff? Kist replied, yes. Baker said, you know what we did. . you got a copy of the letter. .the timeís not up yet. Kist said, thereís ten days . Baker replied, thirty. Kist said, according to the letter. On this project, how much is the Township gonna put into it? Baker replied, everything with the CDBG monies for 2010 would go towards this Sewer Project. . .that's why your income is being questioned. . . because it's low to moderate income. Larry Custer said, as you know with the Community Development Block Grant Program with infrastructure improvements such as extension of sanitary sewer lines, replacement or extension of water lines, it's necessary to do an income survey of the people who would benefit from those improvements. The law says, you can not do the improvement unless 51% or more of the people are low to moderate income and it's based on family size. Are you above this amount of income or are you below this amount of income and that's one question we ask on this questionnaire and how many people are in your family. Those are the two questions that we ask so at the end of collecting all of our income surveys, those people who would benefit from the improvements. . .we would have to do a tally. Here we have a family of 5 and they mark that they're above, so that's 5 people above low to moderate income. Here we have a family of 2 that are under. . that's 2 people under low to moderate income. . . so if we tabulate this and we find that 51% of the people are above low to moderate income, we cannot do the project. That's what the law says. Mike Harasty asked, what is the criteria for low to moderate income? Can you give me a rough idea? Custer replied, it's based on the number of people and the amount of income your family brings in throughout the year. If it's one person. . I don't know the exact number. . I think it's around $26,000. . if it's 2 people it's something like $30,000. . .if it's 4 people it's about $35,000. I'm giving approximate numbers as I don't have that information with me right now. All they ask is how many are in your family and are you above or below $26,000. That's all I ask and I ask you to sign. Harasty asked, does that include if you're receiving Social Security or something like that? Custer said, yes. .it's annual income. Solicitor Barbin said, not savings or anything like that. . just income. Harasty asked, relief. .does it count everything like that too? Barbin replied, yes. Kist said, I have a sewer question. At the last meeting I attended Pegasus Sewer Authority Meeting and Mr. Barbin is also the Solicitor there. I asked a question why they didn't tap into the Conemaugh-Franklin System there and they're running along Franklin hill the whole way to Clorox Street and in my opinion I think it's a waste because Jackson Township also goes into that System going down through Franklin. . .East Taylor does. . Conemaugh and also Franklin Borough and also parts of the other Township. Baker asked, what's this relevant to Chickaree Hill Road? That's the subject we're on. Kist said, no. . this suit is with Jackson Township on sewage which I am paying as a taxpayer. Baker said, we're on Agenda Items public comment only.

Notification of Traffic Control Signs Placed Per Ordinance # 139:
Chairman Baker
announced the new signs that were placed along Township streets. They include: 25 mph Speed Limit Sign placed on Leidy Lane, 15 mph Speed Limit Sign placed on Coyote Street and 15 mph Speed Limit Sign placed on Trout Street

Correspondence:
(None)

Old Business:
(None)

New Business:
Larry Custer
of the Cambria County Redevelopment Authority discussed the 2010 CDBG (Community Development Block Grant) Program. Custer said, I'd like to give the Board an update on the Community Development Block Grant Program. Basically what I've handed out is the Basic Application which gives a general description of the 2010 Community Development Block Grant Program for Jackson Township. Two public hearings have been held and we had comments on some of the projects to consider. I'd also like to give you an update on the past CDBG activities. We've been having some problems with our contractor on finishing up some sanitary sewage work on Loraine Road. We've also had some problems with our contractor finishing up the final work on the Chickaree Hill water system. . mostly clean up, replace a drainage pipe. . things of that nature. We just haven't had anything back from him. We do have. . we've given him some dates. . Mr. Wray is the basic engineer. . we've given him some dates to comply and if he don't comply, we'll use the retainage that we have. .we're holding back to get this work done so that's where we're at on that and that includes the drainage pipe at the lower end of Chickaree Hill down by Mr. Kist's property. We also have the contractor. . he started work today on Loraine Road. It's extending on past the work that was done last year and that's about a $60,000 contract. He's doing about 1,000 feet of work putting in new sanitary sewer line on up Loraine Road and we're connecting about seven families there. That's about all the work that we have scheduled here in Jackson and that very much takes us right up to spending all of the 2008 and 2009 money so what we're here today for is the 2010 money. Your allocation has finally been released from the Commonwealth. Your allocation for 2010 is $116,103 and that's about a 9% increase from what you received last year and we've discussed this at Public Hearings and we've talked about extending a public sanitary sewer line to approximately 5 residences along Chickaree Hill Road. This would be a sanitary sewer extension which would come from the borough of Vintondale. We figure that we could put in 1,200 to 1,400 feet of line and this would pick up 5 houses at the bottom of Chickaree Hill Road which are in line for sanitary sewage right now and that would include Mr. Kist's property, Mr. Harasty's property and the property where the sewage complaint has been filed. I want to make sure we cover that. My staff was down collecting income surveys. We are surveying 5 families because we feel we can get those 5 families connected with this money. I received 3 surveys back. There's 2 of them we haven't received yet but I'm confident we'll be able to deem that a low to moderate income project so we'll be able to continue with the work. I've also included in the agenda items is the fact that when we do extend the public sanitary sewer system. . . you have a Mandatory Tap-In Ordinance and anyone must who must tap into the sanitary sewer system will in fact tap in to the new sewer system. The last page is the Resolution authorizing the County of Cambria to file an application on your behalf for the 2010 Community Development Block Grant Program in order to extend a public sanitary sewer line along Chickaree Hill Road. Mike Harasty said, I have one, possibly two questions. When the Sewage Authority came down, they ended up passing it on to whoever down the road. . whatever. . they told me something was going to be done about it. . .the main reason being there wasn't enough ground there, etc. to put in a system. I kind of explained to them why things were the way that they were down there and I told the fellas here at the last meeting about why that sewage is dumping out on to the road. They went down. .the inspectors. . that girl. . I can't remember her name and she went up to check . . the house above Brown's. . then Browns is 2, Eugene's 3, I'm 4 and Clarence would be 5. They told me that they couldn't see anything wrong with my system. After the flood, it had to be re-done . . fixed up leech beds and everything in there. Now you're sayin if you're gonna run that sewage system up there that I'm gonna have to tap into it and my system is ok at the present. What's up with that? Custer replied, the quick answer is yes. . if you have accessibility to the public sanitary sewer system line, it's necessary to tap into it. .yes. Harasty asked, why? Custer answered, because that's the Mandatory Tap-In Ordinance of the Township and whenever public facilities such as water. . such as sanitary sewer systems are available, property owners that are within 150 feet of the system, it's necessary that they tap into the public sanitary sewer system. Harasty asked, where is this system gonna lie? Have you got a site survey on that yet? Custer replied, we don't have the drawings yet. . no. Harasty continued, from what Rich was tellin me that you're gonna run this right down through my front yard. . the opposite side of the road from where the water line is. Custer said, I'm not sure what Rich told you. Rich Wray said, we're going along the road yes. .but we're not sure of the exact location yet. Solicitor Barbin said, they often run through peoples front yards. .that's ok. They don't dig up the pavement because pavement's extremely expensive so they move it in from the pavement into the person's yard. It's a lot cheaper to replace grass than to replace asphalt. All contracts I come across with say if they come across a driveway, concrete steps. . that kind of thing, they're required to be replaced by the contractor with the same materials. They won't replace concrete with asphalt. Harasty said, whenever the guys came down before he dug this water line. . two years prior. . they said they were gonna bring it down that side of the road and I asked him why when you get down there are you gonna run that water line down that side of the road . . they had to tear out some wall there and replacing it with something because the road was that far away from the stone wall and then they ran the water line right down through the cesspool that's in question right now instead of bringing that across the road and bringing that water line down through my property and all of this would be alleviated and then right there, all the sewage problems are on the opposite side of the road. The smart thing would have been to run the sewage down there and keep the water line away from all that sewage and you wouldn't have had a whole bunch of these problems. What's up with this? You know this planning and stuff is a great thing but what's on paper isn't always the best. Custer said, let me explain what the engineering principles are. . .whenever you run a water line or sanitary sewer line. . .let's take your street for example. . you live on one side of the street? Harasty replied, I'm the only one. Custer said, that's the point I'm making. You have 4 homes here on this side of the street opposite of you. . you run utilities on that side where the homes are at because they have to make their connections into the line. . alright? This way they can make the connection from their house into the line before they have to go under or across the road which is a lot more expensive. I'm giving you an engineering principle. . when you have 4 houses on one side and 1 house on the other side you run the utilities on the side where the most houses are at so the people don't have to pay an exorbitant amount of money to connect into a line which would be across the road and they'd have to drill underneath the road and all that. . that's a challenge in engineering principles. Harasty said, let me give you a general common sense. Now that you're gonna run the sewage on the opposite side of the road you're gonna have to do the same thing. Custer said, I don't know that we're running the sewage on the other side of the road. Wray said, number one. . the system hasn't been designed and number two. . the sewage is a deeper line and needs a larger excavation and the very argument you make to build the water line on the other side of the road and the sewage along Mr. Kist's side of the road makes a stronger argument to move it to the other side of the road so it's unfounded. . the point that you're making and quite frankly the cost of the sewer installation will be cheaper because the excavation of an average depth will be shallower and the connection for the people on the other side of the road will actually be easier and occur at a less cost too so all the way around if you're looking at the larger picture for both utilities, the cost of installation is reduced for both the Agency and the Township. Custer said, and we've discussed this before. . I know you have a problem down there. You've had a problem before I became involved in the project. There's two things that could be done. . the Township has asked for my assistance. The Township has the opportunity to use Community Development Block Grant money which is a grant for the Township. . . they pass along the grant to you, the property owners for the installation of sanitary sewer line or the installation of water line. The other option is that the Township does not use their grant money. .they don't pass the grant along to you and it comes down to the fact that you've pushed this complaint. The other options got to be. . fine. . the Sewer Authority will construct a sanitary sewer line and all the property owners will be assessed for the cost of that line on a footage basis. I'm only trying to alleviate the situation here. I'm sorry that the contractor went down there and found the pipe and caused the situation where we're at now. I'm only trying to correct it. . ok Mike? Harasty said, what I'm still lookin at is even if you come down and put in this sanitary sewer system, my water line is still buried in a cesspool. How long is it gonna be until that cesspool is not contaminated anymore? Larry. . I live downhill from that thing and when we buried these pipes in crushed stone and everything, it takes the leech bed and comes right to the wall of my house and right through the wall. I'm gonna be at the tail end of a leech bed. Why do I have to use the water? It's already polluted a spring about 100 feet away from that and it's comin though the rock. Whenever you go and put all this crushed stone and stuff in. . that's French drain. .right to the wall of my house. That's been my problem with this water line from the inset. Custer said, I'll tell you what we can do. We can remove all the material of that cesspool as you call it and move all the material because they'll be a new pipe and the houses will be connected into that new pipe so there won't be any sewage going out from the ditches into the roadway and we will remove all of the contaminated bad soil and replace it with good fill. The situation there is, we can extend the aggregate on Eugene's side of the road and can enter that stream and put a dam where we cross the road over to your side of the property or your side of the roadway so that the water will go by the water line or sanitary sewer line through the aggregate and will not follow the path of the sewer line across the road but will go out into the stream. Barbin said, a clay dyke. Harasty continued, all I ever asked when they were puttin it in . . they had to cross the road anyhow. .why didn't they cross the road 100 feet up and be done with all this? Custer said, because we would have to come to you for an easement because of the situation the way the roadway is there and it falls away at the top part of your property. . it would be very hard to construct. . that's why the way it was installed. We'll go over these options and things. Harasty said, I don't know what you're saying there . . and easement and everything. . .we're talkin about my tap! All you had to do was put a pipe under the road about 100 feet past my house. Custer replied, I see what you mean. . you would have had to make a connection a couple hundred feet then? . .further than the short connection like you have now. Generally when I do that to people, they would rather have a short connection than a couple hundred feet to tap into the water line. Harasty said, another hundred feet of ditch and pipe would have cost me. .what . . $200? Custer replied, Mike. . you're the exception. Barbin said, that's something we hear all the time. .you're making us go too far. Harasty said, any one of you would have done it. . . you would have been happy to to keep the sewage out of your home. Custer said, I didn't know that there was a cesspool there. Harasty said, I told the guy when he came to do the Feasibility. . I talked with Rich. . I've tried talkin with you guys. Chairman Baker said, but you're going to make an attempt to correct it by removing the cesspool. Barbin said, by taking the contaminated soil out and taking it from the path because it does carry stuff through it. . taking it to the stream on the other side and put a clay dyke in to keep it from following the gravel under the road to your property. That's a very good thing. Harasty asked, wouldn't it be cheaper to connect up there than to dig up their old front yard and replace it? Custer replied, I have to dig out that yard anyway because I don't want to keep that soil there and you already have it leaking into your house. . right? Harasty said, no sir. . it goes to my tap. . that's where it stops. Eugene Kist said, there was a question I was going to ask. . on this. . when I put that other line. . .now the sewage is running right out where my tap goes in. . it's a cesspool. Harasty said, when PennDOT put the shoulder in it's been a cesspool from that house clear down past Eugene's for the last 9 or 10 years. Custer said, I hate to put this on your guys but you don't have to spend the money on this project. . we could find another project. I think we have a real good project and we have a definite problem there and I certainly hope that $116,000 of grant money would correct the problem rather than assess all of the property owners up there to take care of a house that has sewage running down the street. Harasty said, if you got a solution that's gonna work Larry, I'm all for it. Custer said, really. . I'm in there sluggin for you. I'm in there trying to get this project done. We acted very quickly compared to most things because most water lines. . most sewer lines take a 4 or 5 year process till you think about it. . till you actually get funding for it. This problem came up. . the Supervisors sat down at the Public Hearings. . we talked about this Project and they want to use their money to take care of this problem, so it's really fast tracked. Harasty said, there's just one thing that irks me and I'm sure it would irk every one of you. You're going in there with this grant and you're gonna remove the soil. . you're gonna put in sanitary sewage and everything and correct the problem. I didn't make the problem. .the problem was made by them and I'm gonna tell you right now. .the sewage that's running out on to the road is running directly from the tank. Their leech bed was their front yard. They drove in there. .they sunk cars in there. . they broke it up and whenever they had their tank pumped out, they dug a ditch to the road so that it would drain out onto the road and out down along the highway. So far to date and from what you're saying, you're gettin a grant and you're gonna do this, that and everything else. How much is it gonna cost me to tap into the sewage system which I created none of this problem. . .my septic has been improved down there. . . and I gotta pay for what these people have done over the years and how much are they gonna pay? It's gonna cost me more for you to fix their problem than it's costin them and they did it! Custer said, I don't have the answer to that. I can tell you if you think about it, almost everything you do, someone else cost. The reason you have stop signs is because people don't stop. The reasons you have speed limits is because people speed. Harasty said, you're missing my point. . this kind of irks me because it's gonna cost me more than it's gonna cost anybody else on that hill to tap into sewage line. Barbin asked, why would it cost you more than the others? Harasty answered, because I'm gonna have to run a whole lot more pipe. Custer said, he's willing to go a couple hundred feet to the water line. Harasty said, the water line's a whole lot cheaper to put in than a sewer line. If there's raw sewage going to go up hill, he's gonna have to put a grinder pump in. Custer said, and that's no unfeasible to put your grinder pump in and force you're sewage up into a public line. I'm not saying that's what we have to do there. Harasty said, well something is going to have to run amuck because 600 feet of line now? Custer replied, no. . it depend on the engineering. . . on the layout of the line. Harasty said, right now my septic is say, 10 or 11 feet below the road grade . . .everybody elses drops right down into it. I'm the one that's suffering. Wray said, we'll lay it out and then we'll meet Mike. Barbin said, one possible plan is to run it all on the other side of the road. Custer said, at some point it will have to cross the road within 150 feet because you have a high bay and you have a stream. One consolation is that we do provide tap-in fee assistance and connection assistance to people who are tapping into our lines if they are a low to moderate income family. Harasty said, I'm not low to moderate income. Custer replied, ok. .then we can't help you with that. Harasty asked, why is it that I constantly keep gettin screwed? Custer said, you're at the end of things or the beginning of things. .it's just where your property's at. Harasty said, three times from Vintondale Borough and now Jackson Township's poundin it to me. Custer said, I'm only trying to remove a problem that you and Mr. Kist complained about. You complained about it. . .we're trying to resolve it and I certainly hope I can get all the cooperation I can from you two because you two are the ones that filed the complaint. Harasty said, I cooperated with you in the past Larry. Custer said, we'll work through it. Harasty added, we've worked together and you know my situation from the Vintondale Borough Reservoir site down there. Custer said, I'm a little familiar with that. Harasty said, I gave them the ground to build their reservoir on. They tore up an acre or acre and a half of my ground and I couldn't use it. For 13 years. . 13 years then they go and build a tank and fix things up and other guys want to run more lines all over the place. They're threatening to condemn my property and everything else instead of coming and talking to me. . . the damage that was done to my property. . monies lost over all these years and now I'm getting it again. This is gonna cost me two to three times as much as it's gonna cost everybody else by the time things are done. . . and I'm the innocent here. . just because I own a piece of property in Jackson Township where the Vintondale Borough Reservoir is sittin, I'm the one that's being punished since 1977. . I've had it. I've had it. That's 33 freakin years. I've been payin taxes in Jackson Township for 33 years. I've complained to the Supervisors in past years about the sewage and nothin was done. Now. .here we go. Instead of having people fixing things up. . .there could have been a sand mound put in there. . something. . they could have. Barbin said, if it doesn't have 20 inches of good soil and everything I heard. .it does not have 20 inches of good soil, you can not legally put a sand mound in. They used to give repair permits and waive the rules . . DEP. . but they stopped that 5 years ago. Harasty said, this has gone on for more than 5 years. How bout this balloon system. . that's approved by the State. . isn't it? Barbin said, there are some experimental systems approved by the State. . .they cost about $30-$35,000 dollars. There's an irrigation system where you don't have to have the soil. .that one cost $27-$30,000 dollars. Baker said, you guys can get together and plan some of this out and we'll try to get something good going.

Motion Wallet, second Westrick to approve Resolution # 03-10 to approve use of 2010 CDBG Funds for the Chickaree Hill Sewage Project. Vote-3 yes.

The Board of Supervisors reviewed the Seal Coating Bids submitted.

SEAL COATING BID RESULTS

Bid

Amount

New Enterprise Stone & Lime

$  63,921.76

Russell Standard Corp.

$  71,341.25

HRI Inc.

$  73,624.17

Quaker Sales Corp.

$  77,048.55

Motion Wallet, second Westrick to table the bids that we opened today for the Seal Coat and review them and we'll make a motion at the next monthly meeting to award the bid based on our decision. Vote-3 yes.

The Board of Supervisors reviewed the miscellaneous Paving Materials Bids submitted.

Superpave Wearing Course, 9.5 mm - per ton

Bid

Amount
FOB Plant

Amount
Delivered

Quaker Sales Corp.

$      60.00

*

HRI Inc.

$      61.00

**

Grannas Brothers Inc.

$      61.50

$     71.50

New Enterprise Stone & Lime

$      64.15

$     72.35

*Quaker Sales Corp. Tri-Axle Truck Rate - $67.00 Per Hour
** HRI Inc. Tri-Axle Truck Rate - $72.00 Per Hour

Superpave Wearing Course, 19.0 mm - per ton

Bid

Amount
FOB Plant

Amount
Delivered

Quaker Sales Corp.

$     52.25

*

HRI Inc.

$     54.50

**

New Enterprise Stone & Lime

$     56.35

$     64.55

Grannas Brothers Inc.

$     58.00

$     68.00

*Quaker Sales Corp. Tri-Axle Truck Rate - $67.00 Per Hour
** HRI Inc. Tri-Axle Truck Rate - $72.00 Per Hour

Superpave Wearing Course, 25.0 mm - per ton

Bid

Amount
FOB Plant

Amount
Delivered

Quaker Sales Corp.

$     48.25

*

HRI Inc.

$     50.25

**

New Enterprise Stone & Lime

$     54.00

$     62.20

Grannas Brothers Inc.

$     55.50

$     65.50

*Quaker Sales Corp. Tri-Axle Truck Rate - $67.00 Per Hour
** HRI Inc. Tri-Axle Truck Rate - $72.00 Per Hour

Motion Wallet, second Westrick to table the bids that we opened today for the Miscellaneous Paving Materials and review them and we'll make a motion at the next monthly meeting to award the bid based on our decision. Vote-3 yes.

The Board of Supervisors reviewed the Miscellaneous Stone Materials bids submitted.

PA-2A Subbase - per ton delivered

Bid

Amount

James Excavating, Inc.

$     8.70

New Enterprise Stone & Lime

$    10.80

Grannas Brothers Inc.

$    11.95

 

AASHTO No. 8 Stone - per ton delivered

Bid

Amount

New Enterprise Stone & Lime

$    13.35

Grannas Brothers Inc.

$    14.05

 

AASHTO No. 1 Stone - per ton delivered

Bid

Amount

New Enterprise Stone & Lime

$    13.35

Grannas Brothers Inc.

$    13.40

 

AASHTO No. 3 Stone - per ton delivered

Bid

Amount

New Enterprise Stone & Lime

$   13.35

Grannas Brothers Inc.

$   13.65

 

AASHTO No. 57 Stone - per ton delivered

Bid

Amount

New Enterprise Stone & Lime

$    13.35

Grannas Brothers Inc.

$    13.65

 

Antiskid Type # 2 - per ton delivered

Bid

Amount

James Excavating, Inc.

$    11.25

New Enterprise Stone & Lime

$    13.35

Grannas Brothers Inc.

$    14.05

Motion Wallet, second Westrick to table the bids that we opened today for the Miscellaneous Stone Materials and review them and we'll make a motion at the next monthly meeting to award the bid based on our decision. Vote-3 yes.

Solicitor Barbin commented, for the record, all the documents are in order and all of the bid bonds are good.

Other New Business:
(None)

Public Comments:
(None)

Announcements:
Chairman Baker
announced, Primary Election Day will be held on Tuesday, May 18, 2010. Be sure to get out and vote in this important election. The Board of Supervisors next scheduled meeting will be held on Thursday, May 27, 2010 at 7:00 pm at the Jackson Township Municipal Building. The Jackson Township Senior Center will be hosting a Memorial Day Service on Monday, May 31, 2010 at 11:00 am at Veterans Park to honor all veterans past and present. Please come out and show your support for our Vets.

Adjournment:
Motion Wallet, second Westrick to adjourn the meeting at 8:50 a.m. Vote-3 yes.

Respectfully submitted,
David M. Hirko, Secretary

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