HomeMy WebLinkAboutMinutes Council 090591W
CITY COUNCIL
REGULAR MEETING
SEPTEMBER 5, 1991
The Regular Meeting of the City Council of the City of Palm Beach
Gardens, Florida, was called to order by Mayor Martino at 8:00
P.M., in the Assembly Room at the Municipal Complex, 10500 North
Military Trail, Palm Beach Gardens, Florida; and opened with the
Pledge of Allegiance to the Flag.
ROLL CALL The roll was called by the City Clerk, and present were: Mayor
Martino, Vice Mayor Aldred, Councilman Kiselewski, Councilwoman
Monroe and Councilman Russo.
ANNQVNCEMENTS. Mayor Martino stated the announcements were as posted on the
agenda.
® Mayor Martino further announced that the City had received the
resignation of Doug Hood, Director of Parks and Recreation, and
presented Mr. Hood a plaque of appreciation for over 11 years
service to the residents of Palm Beach Gardens.
CALL FOR BIDS
Janitorial
Services Per the recommendation of the City Manager, the City Council un-
animously rejected bids received for janitorial services, as
advertised 7/31/91 and opened and read at meeting of 8/15191,
and directed the City Manager to re- advertise for this service.
ITEMS BY THE
CITY MANAGER
Loehmann's Plaza The City Manager informed the City Council of possible liability
to the City should the sidewalk required by the Loehmann's Plaza
PUD approval be installed. The sidewalk would terminate east
OTY COUNCIL REGULAR MEETING, 9/5/91
PAGE 2
of the I -95 overpass, leaving the walkway without any linkage
to the sidewalk on the west side of the I -95 overpass.
It was the concensus of the City Council to follow the conditions
of the Ordinance approving the Loehmann's Plaza PUD requiring
the installation of the sidewalk.
REPORTS & ITEMS
BY MAYOR AND
CI'T'Y COUNCTb
Mayor Martino
There being no comments from members of the City Council, Mayor
Martino stated the letter re: Environmentally sensitive Lands
Ballot was mailed to Palm Beach County.
Mayor Martino reported attending a Public Hearing with members
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of the Planning Staff at Treasure Coast Regional Planning Council
re: City's Comprehensive Land Use Plan Amendment. A point was
raised by the Ccmmissioner of Palm Beach County regarding
procedure and whether or not the City should be allowed to
respond to the comments. The Board stated it would be better
served if their commen s were submitted to the Department of
Community Affairs and the City could respond to comments at the
DCA Public Hearing. At that point, it was felt we would be
better served to follow DCA requirements.
A discussion ensued re: location of PAU campus. Mayor Martino
stated that it was the policy of the Palm Beach Gardens City
Council to put the university on a particular parcel and the City
has done everything possible to follow conditions put before
CITY COUNCIL REGULAR MEETING, 9/5/91
PAGE 3
• them. Mayor Martino stated the site in question was more
compatable in location, located by industrial, and more conducive
to long term growth. Mayor Martino stated he hoped the Board
of Regents have the consideration of the taxpayers of the State
in mind when they make their decision.
Councilwoman Monroe requested report from staff regarding well-
field information east of the turnpike.
COUNCILMAN
RUSSO
Councilman Russo referenced the Council's defeat of the revised
Fire Alarm Ordinance and asked if the ordinance presently on
the books would be enforced. Councilwoman Monroe suggested the
existing ordinance be modified, removing the fee.
Councilman Russo reported he will be attending a meeting tomorrow
with members of the School Board, and County Commission re:
guardrails needed on Military Trail.
Councilman Russo reported attending a meeting of the 4ecreation
Advisory Board. The Board requested, in writing, ancil policy
re: non - resident participation in YAA program.
COUNCILWOMAN
MONROE
Councilwoman Monroe requested staff determine who is responsible
for the berm at the dead end of Shady Lakes Drive. Councilwoman
Monroe pointed out a problem exists with school children riding
their bikes into traffic that cannot see over the berm.
COUNCILMAN
KISELEWSKI
Councilman Kiselewski referenced a letter received from Dr.
Eissey, Palm Beach Community College, pointing out that
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CITY COUNCIL
REGULAR MEETING, 9/5/91 PAGE 4
the center is now being referred to as an "exhibition center ".
After a brief discussion, it was the concensus of the City
Council to deny Dr. Eissey's request to have the $5000 fee
waived.
Councilman Kiselewski requested the City Manager insure the
Police and Fire Dispatchers make themselves aware of property
that is annexed into the City.
Councilman Kiselewski stated that the projection for the
completion of Military Trail is October 15, 1991, unless there
is an abundance of rain. It was determined that three of the
FP &L poles need to be moved because they are in the wrong
location, and Councilman Kiselewski suggested they be requested
to move all six poles.
Councilman Kiselewski further stated that FP &L felt that since
the widening of Burns Road was not constituted by the City or
County, the developers will have to pay for relocation.
Councilman Kiselewski requested a date for the removal of thF
"great sign" at Tanglewood.
COMMENTS FROM
THE PUBLIC
Sam Carsillo
Sam Carsillo, resident of Palm Beach Gardens, addressed the City
Council with several concerns, including'train whistles, in --
store discounts, health care tax, council raises, police vests,
districting and the closing of Holly Drive during school hours.
William Myers William Myers, 1022 Shady Lakes Drive, addressed the City Council
reading into the record a letter to Mayor Martino regarding
OTY COUNCIL REGULAR MEETING, 9/5/91 PAGE 5
envirnomenal issues (copy attached).
Jack Warner
Jack Warner, 16 Lexington Lane, addressed the City Council
regarding the status of the municipal golf course. Mayor Martino
updated Mr. Warner of the existing problems with the golf course
and what is being done to solve these problems. Mayor Martino
informed Mr. Warner that the City hopes to open the golf
course in January of next year.
CONSENT AGENDA
Councilwoman Monroe made a motion to remove the Approval of
Minutes of the 8/15/91 Meeting from the Consent Agenda. Per a
vote of 4 ayes of the City Council (with Councilman Russo
abstaining), the minutes of the Regular Meeting of 8/15/91 were
approved with the following amendments:
Page 15 (top) change the word "area" to "region "; and after
"original plan" insert "for a variety of reasons, including
environmental concerns."
Par a unanimous vote of the City Council, Item 2 on the Consent
Agenda, "Proclaiming the week of 9/17 -23/91 as Constitution Week"
was approved.
PUBLIC HEARINGS
Ord. 22, 1991
Mayor Martino declared the Public Hearing reopened. Richard
Walton, Planning Director, addressed the City Council stating
the applicant and the homeowners have requested the Public
Hearing be recessed to the next meeting. Vice Mayor Aldred made
a motion, seconded by Councilwoman Monroe, to recess the Public
is
Hearing re: ordinance 22, 1991, amendment to Gardens Hunt Club
® CITY COUNCIL REGULAR MEETING, 9/5/91
PAGE 6
PUD, providing for extension of time for completion of project,
to the city council Regular Meeting of 9/19/91 at approximately
8:00 P.M.
Resolution
86, 1991 Mayor Martino declared the Public Hearing open, which was
advertised 8/21/91, and held on the intent of Resolution 86,
1991, modification to conditional use to allow live entertain-
meet and music at the Snuggery.
In response to Sam Carsillo, Mayor Martino stated the resolution
would permit one guitarist to play in the establishment.
There being no further comments from the public, Mayor Martino
declared the Public Hearing closed.
Councilman Kiselewski made a motion, seconded by Vice Mayor
Aldred, to adopt Resolution 86, 1991. Resolution 86, 1991,
was unanimously approved by the City Council,
Ord. 8, 1991 Richard Walton, Planning Director, addressed the City Council
highlic,iiting previou- workshops regarding ordinance 8, 1991.
Mr. John Bake. of the Department of Community Affairs was in
attendance to answer questions, however, stated he could not
speak for the Secretary or make decisions for the Secretary.
Mr. Walton discussed concerns expressed by DCA and detailed
suggested modifications.
STY COUNCIL REGULAR MEETING, 9/5/91
PAGE 7
Mayor Martino declared the Public Hearing open which, was
advertised 8/21/91 and held on the intent of Ordinance 8,
1991, amending Ordinance 45, 1989, which adopted the
Comprehensive Land Use Plan of the City, by ratifying and
approving the Stipulated Settlement Agreement between the City
and the Department of Community Affairs and approving changes
on the future land use map, approving land -use designation on
certain annexed lands and modification to text of existing land
use elements.
After discussion and advice from Mr. Baker, the second sentence
of Policy 6.1.5.6, was amended to read as follows: "In cases
of lots of less than 40 acres or the quality of habitat on any
size parcel does not warrant preservation of upland habitat on-
site, preservation ...... ".
It was the concensus of the City Council to leave all remaining
corrections as written.
There being no further comments from the public, Mayor Martino
declared the Public Hearing closed.
Per a unanimous vote of tie City Council the City Clerk read,
by title only, on second and final reading, Ordinance 8, 1991,
Councilman Kiselewski made a motion, seconded by Vice Mayor
Aldred, to adopt Ordinance 8, 1991.
Ordinance 8, 1991, was unanimously adopted by the City Council.
Ord. 23, 1991
The City Council discussed ordinance 23, 1991, Palm Beach Gardens
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Water and Irrigation Conservation Ordinance, and made the
*TY COUNCIL REGULAR MEETING, 9/5/91
PAGE 8
following amendments:
Section 5.01 - Put a period after watering, eliminating the
remainder of the sentence.
Section 5.05 - Put a period after state laws, eliminating the
remainder of the sentence.
Section 6.01 - Insert "Chapter 32, Sections 32.30- 32.39" in the
blank.
Section 6.04 - Insert "in the general fund of the City" in the
blank.
Section 10 - Remove "immediately upon passage" and insert 1/1/92.
Mayor Martino declared the Public Hearing open, which was held
® on the intent of Ordinance 23, 1991, Palm Beach Gardens Water
!� and Irrigation Conservation, as advertised 8/21/91. There being
no comments from the public, Mayor Martino declared the Public
Hearing closed.
Per a unanimous vote of the City Council, the City Clerk read
Ordinance 23, 1991, on second and final reading. Councilman
Kiselewski made a motion, seconded by Vice Mayor Aldred, to adopt
Ordinance 23, 1991, as ame*_ded. Ordinance 23, 1991, was
unanimously adopted by the City Council.
Ord. 24, 1991 Richard Walton, Planning Director, addressed the City Council
re: Ordinance 24, 1991, Annexation of 140 Acres, stating the City
was in receipt of a request from the petitioner to postpone this
Is Public Hearing until 10/3/91.
0 T COUNCIL REGULAR MEETING, 9/5/91
PAGE 9
Mayor Martino declared the Public Hearing open, which was held
on the intent of Ordinance 24, 1991, annexation of 140 acres,
as advertised 8/21/91.
Vice Mayor Aldred made a motion, seconded by Councilman
Kiselewski, to postpone the Public Hearing re: Ordinance 24,
1991, to the City Council meeting of 10/3/91 at approximately
8:00 P.M.
Ord. 1991
Mayor Martino declared the Public Hearing open, which was held
on the intent of Ordinance 25, 1991, increasing the annual wages
of the members of the City Council, including Mayor, pursuant
to Sec.:.ion 8 -2 of Article VIII of the Charter of the City of Palm
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Beach Gardens. There being no comments from the public, Mayor
Martino declared the Public Hearing closed.
Councilman Russo stated he would not vote for this ordinance
after receiving his tax bill as he could not justify this
increase at this time. However, Councilman Russo stated he
believed the City Council deserved an increase.
Councilwoman Monroe stated she could not vote for this ordinance
as she felt the increase should be done incrementally in the
future.
Per a vote of 3 ayes and 2 nays of the City Council the City
Clerk read, by title only on second and final reading, Ordinance
25, 1991. Councilman Kiselewski made a motion, seconded by Vice
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Mayor Aldred, to adopt Ordinance 25, 1991. Ordinance 25, 1991,
4V TY COUNCIL REGULAR MEETING, 9/5/91
PAGE 10
was adopted by a vote of 3 ayes and 2 nays, with Councilman Russo
and Councilwoman Monroe casting the nay votes for reasons
previously given.
RESOLUTIONS Per a consensus of the City Council, Resolutions 72 and 76, 1991,
were moved to the end of the agenda.
Ord. 26, 1991 Per a unanimous vote of the City Council, the City Clerk read,
by title only, on first reading, Ordinance 26, 1991, levying a
tax on real and personal property located within the corporate
limits of the City for the year ending 12/31/91; affixing a total
valuation thereon and tax rate thereon for said year; adopting
a fiscal budget for the Fiscal Year beginning 10/1/91 and ending
® 9/30/91, inclusive; appropriating funds for expenditures.
The City Council will consider second reading and adoption of
Ordinance 26, 1991, at the Regular Meeting of 9/19/91. The first
Public Hearing for Ordinance 26, 1991, will be 9/12/91.
Ord. 27, 1991 Per a unanimous vote of the City Cour-il, the City Clerk read,
by title only, on first reading, Ordinance 27, 1991, extension
of time for PGA Bridge Center PUD. The City Council will
consider second reading and adoption of Ordinance 27, 1791, at
the Regular Meeting of 10/3/91.
Ord. 28, 1991 Councilwoman Monroe stated she had a 7onflict of interest re:
Ordinance 28, 1991, as she was on the Board of Directors for Palm
Beach Gardens Medical Center. Per a vote of 4 ayes of the City
® Council, the City Clerk read, by title only on first reading,
WTY COUNCIL REGULAR MEETING, 9/5/91 PAGE 11
Ordinance 28, 1991, Palm Beach Gardens Medical Center PUD.
Councilwoman Monroe abstained from voting. The City Council
will consider second reading and adoption of Ordinance 28, 1991,
at the Regular Meeting of 10/3/:1.
RESOLUTIONS
ices. 7Z, 19PI Councilman Kiselewski made a motion, seconded by Vice Mayor
Aldred, to adopt Resolution 72, 1991, inserting the names
Jeffrey Renault, Betty Marks and Shirley Lichstein in the blanks.
Resolution 72, 1991, was unaimously adopted by the City Council.
Res. 76, 1991 Per a unanimous vote of the City Council, the adoption of
Resolution 76, 1991, was postponed until the Regular Meeting
of 10/3/91.
TEMS FOR._DI$CUSSIpN:
North County
Governmental
Center Bristol Ellington, Planner, addressed the City Council out-
lining the request of Palm Beach County for policy direction
for the North County Governmental Center PUD application.
Mr. Ellington stated staff needed direction from City Council
for the following questions and concerns:
1. Whether the library site is appropriate to serve residents
in the north end of the County.
2. Should the master plan be more detailed.
3. Whether the north /south road, approved for Gardens Walk
PUD be used for this development.
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�ITY COUNCIL REGULAR MEETING, 9/5/91 PAGE 12
4. Should Fairchild Gardens extension be aligned with performing
arts theater for the college . The college has expressed
interest in including their site in the County's overall
master plan.
5. Whether there were any concerns from the City Council on
language of City's draft of the Intergovernmental Agreement.
Mr. Hank Skokowski, agent for Palm Beach County, addressed-the
City Council stating he felt a PCD was the best alternative for
this site, and the Interlocal Agreement allows the applicant to
do this.
Audrey Wolf, Director of Facility Planning Design and
Construction, Palm Beach County, addressed the City Council re:
selection of property and proposed uses for the site.
'The City Council expressed concern with the location of the
library and it's accessibility to young people in the area, and
requested further information as to what kind of library system
this would grow into. The Council further requested information
as to where neighborhood satellite branches would be located.
Mr. Skokowski stated that 5.3 acres, or 25% of developable land,
is designated for preservation, with Palm Beach County
maintenance and responsibility. Mr. Skokowski stated that
there are limits in acreag_ of pods, however, asked that
this requirement be modified. The Council expressed no
concern with the shared entrance roadway with Gardens Walk PUD,
however, requested documents proving that DMV Building
will be moved and that the State is in agreement. The
petitioner agreed to design organization and to use the
Vyillium C. 3fyets
,o22 Shady Lakes Ci,de
!Talm Beach G.,dens, 964 33418
September 5, 1991
The Honorable Michael Martino
Mayor, City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
Dear mayor Martino,
It is clear from your use of the Palm Beach Gardens Fall
Newsletter that you are still persuing your proposed plan to
have the nothern FAU campus and attendant light industrial and
residential sites be located in the Wetlands.
Have you not heard the environmentalists who have spoken
against your proposal, and have you disregarded the Board of
Regents' lack of enthusiasm for your plan and indeed Mr. Dressler's
direct refection of it? Are you ignoring the 36 page report to
the Treasure Coast Regional Planning Council which is also in
opposition?
Secretary Carol Browner of the Department of Environmental
Regulation warned of the dangers of depleting our unrecoverable
resources and clearly your proposed 'ise of the Wetlands is such
depletion.
If you need a sample of the havoc man can cause in nature,
look to the flooding right now on the golf coirse still under
construction. Can you imagine the problems that would be cre-
ated when development starts in the most sensitive area- of the
Wetlands?
Mr. Mayor, I urge you to please consider the needs and
listen to the voices of all of your constituents to whom you
have a responsibility as an elected official of our city.
Thank you.
Sincerely,
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EXCERPTS FROM CITY COUNCIL REGULAR MEETING
SEPTEMBER 5, 1991
RE: ORDINANCE 25, 1991
PUBLIC HEARING AND SECOND READING
Mayor Martino: Ordinance 25. That infamous...
Councilman Kiselewski: Sam Carsillo.
Mayor Martino: Sam, City Council action to raise it's
salary. It's a Public Hearing scheduled
for, or advertised on 8/21 and scheduled
for this evening. Open the Public Hearing
on Ordinance 25 and seek any public
comment. No public comment, we will close
the Public Hearing and bring it to the
City Council for it's action on second
reading.
Councilman Kiselewski: Mr. Chairman, I'll move that Ordinance 25,
1991 be placed on second reading by title
only.
Vice Mayor Aldred: Second.
Mayor Martino: Discussion.
Councilman Russo: Yea, I have one bit of discussion. I am
not going to vote for this Ordinance here
this evening and it's not because of what
Sam said, because I grew up in East Orange
in the same city Sam spoke about and I
remember the guys making a lot more than
a dollar a year.
Councilwoman Monroe: Laughter.
Councilman Russo: (Laughter) where we were rather
(laughter) different parts and probably
if I had to vote for this two weeks ago,
I probably would have voted for it. But,
after receiving my tax bill, I just
cannot, not justify in my mind to vote for
this increase this evening. Although, I
am in favor of paying the City Council
this dollar amount. I believe you get
better quality people when you pay them
higher salaries. I believe this City
Council is well deserved of the dollars
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that this Ordinance will pay them. And
still, for the amount of experience and
quality of the people that sit up here,
they are still underpaid with this
Ordinance. And like I said, two weeks ago
I would have voted for this, but after I
have my tax increase, which I have a major
problem with increasing assessments year
after year after year and we say we are
not increasing the millage rate, but in
effect the County is making us increase
taxes because they are raising the
assessments and we, in effect, don't know
what it is when we're talking about it.
So I will be voting against this this
evening for that reason in itself.
Vice Mayor Aldred: On that particular issue, I asked for
information on the assessments. And,
basically, the assessed valuation of the
property in the City of Palm Beach Gardens
went up by 8% last year. Of that 8 %, 5%
is attributable to new construction.
Therefore, the general assessments in Palm
Beach Gardens only went up 3 %. Now, mine
went up 26 %, so somebody else's went down
and what we..
Councilwoman Monroe: I want to know who those are.
Vice Mayor Aldred: what we have is basically redistribution
of the wealth and not the problem here
because we don't control the assessments.
Councilwoman Monroe: Mr. Chairman.
Mayor Martino: Yes Linda.
Councilwoman Monroe: The comment I'd like to make I would echo
some of Joe's comments, but I think. I
was thinking about this that, yes, we
would like to think that we all warrant
more money and we do put in good hours and
our families perhaps suffer from time to
time because of the time away. And, on
the grand scheme of things, in terms of
our City's budget, this is hardly a drop
in ... There is a public perception and
I don't think that I have gotten as many
comments on anything as the City Council
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salary in a long, long time, since this
first came up on the Agenda. So, it's
like the assessments, the perception that
gee whiz, what is this property appraiser
doing to us, because great big jumps
happen periodically. They don't happen
on an even basis so that we get kind of
edge in to paying more money, they catch
us all at one time and then you have to
play catch up with your mortgage company
to come up with the money to pay the next
years. So it's, this is just more of a
perception issue I think and I'd like to
think that maybe in the future instead of
doing this in lump sums several years
apart, that we'd do it incrementally and
then we're treated somewhat like Mr.
Carsillo said, I don't agree with the way
he put it either, but, whether it is a
city employee or city council, let's take
off little bites annually, rather than
great big ones that really don't look good
to the public.
Mayor Martino: Problem is everytime we want to bring it
up and do it incrementally, we don't do
it.
Councilman Kiselewski: Mr. Mayor.
Mayor Martino: Yes.
Councilman Kiselewski: If anybody's got a gripe with the
appraiser's office, I do.
(Laughter) (Cannot understand who is saying
what.)
Councilman Russo: You know what I think they did. I think
they didn't want anybody to perceive that
the politicians or the city council
people...
Councilwoman Monroe: were getting a break.
Councilman Russo: would get a break, so I think they bumped
us up double.
Councilwoman Monroe: uh -huh.
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Councilman Kiselewski:
A 23 year old house that lost it's
Councilwoman Monroe:
accessibility, had one of the two accesses
Councilman Russo:
to the place removed, taken out of the JDM
Mayor Martino:
Country Club and I haven't even painted
the damn thing, jumped $63,000 or 45 %, is
Linda Kosier:
totally ridiculous. Even that, I still
look at the job this City Council did in
reducing the millage rate for those people
in the City, the way the City is run and
I am not ashamed to say that I think that
the City Council as a whole is merited the
raise. And, when it is compared to other
cities, I would suggest that the cities
that it is compared to, if their budgets
were as evenly in balance as ours, then
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I think, I don't feel ashamed of getting
that same general salary range. And, for
what it's worth, period.
Vice Mayor Aldred:
And besides, like Sam said, I am going to
keep giving it away anyway.
Councilman Kiselewski:
Yea, back to pay the damn taxes.
(laughter) It's a vicious circle.
Mayor Martino:
Alright, any other discussion. All those
in favor, signify by saying aye.
Mayor Martino:
Vice Mayor Aldred:
Councilman Kiselewski:
Aye.
Mayor Martino:
All those opposed?
Councilwoman Monroe:
Councilman Russo:
Aye.
Mayor Martino:
3 to 2. Linda, would you read Ordinance
25 on second reading? By title.
Linda Kosier:
An ordinance of the City of Palm Beach
Gardens Florida increasing the annual
salary of the members of the City Council,
including the Mayor, pursuant to Section
8 -2 of Article VII of the Charter of the
City of Palm Beach Gardens, to be
effective October 1, 1991, providing for
the repeal of all Ordinances or parts of
Ordinances in conflict herewith, and
providing for an effective date hereof.
ccm9 -5.exc
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Councilman Kiselewski: Mr. Chairman. I'll move for the adoption
of Ordinance 25, 1991.
Vice Mayor Aldred: Second.
Mayor Martino: Discussion. All in favor, signify by
saying aye.
Mayor Martino:
Vice Mayor Aldred:
Councilman Kiselewski
Councilman Russo: Aye.
Mayor Martino: All opposed?
Councilwoman Monroe: You said aye.
Councilman Russo: Oh no.
(Laughter)
Councilwoman Monroe: No. You did what I did one time and I
caught a real lot of flack.
Councilman Russo: I am so used to saying aye, right. I
almost was an aye in an a in that one,
anyway.
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