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CITY OF LAREDO CITY COUNCIL
MEETING A-2008-R-07 CITY
COUNCIL CHAMBERS
APRIL 7, 2008 5:30 P.M.
Persons with disabilities who plan to attend this
meeting and who may need auxiliary aid or services are requested to contact
Gustavo Guevara, City Secretary at (956) 791-7308 at least two working days
prior to the meeting so that appropriate arrangements can be made. The accessible entrance and accessible
parking spaces are located at City Hall, Out of consideration for all
attendees of the City Council meetings, please turn off all cellular phones
and pagers, or place on inaudible signal.
Thank you for your consideration. I.
CALL TO ORDER II.
PLEDGE OF ALLEGIANCE III.
ROLL CALL IV.
MINUTES Approval of the minutes of February 4,
2008, March 10, 2008 and March 25, 2008. V.
COMMUNICATIONS AND RECOGNITIONS Recognitions a. Recognition
of Elias Bazan, ATF Resident Agent in Charge, for
his support with “Buddy”. Buddy is our
new Accelerant Detection Canine with the Fire Department’s Arson Division and
is currently under the supervision of Mr. Rick Treviño. b. Recognition
of Raymond Soriano, 8th grade student at c. Recognition
of Judge Joe Lopez and Judge Adriana Arce-Flores
for selection as the 2008 Law Day Chairs by the Webb County Bar Association. d. Recognition
of Mayor Pro-Tempore Gene Belmares for being named the recipient of the 2008
Liberty Bell Award by the Webb
County Bar Association. Communiqués Citizen comments Citizens are required to fill out a witness card
and identify themselves at the microphone.
Comments should be relevant to City business and delivered in a
professional manner. No derogatory
remarks will be permitted. There is a
time limit of three minutes per speaker. VI.
APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES a. Appointments
by Mayor b. Appointment
by Council Member Johnny Amaya of Jimmy Escoto to
the Convention and Visitors Bureau Advisory Committee. c. Appointment
by Council Member Johnny Rendon of Rosy Gregory to the Convention and
Visitors Bureau Advisory Committee. VII.
GENERAL COUNCIL DISCUSSIONS AND
PRESENTATIONS 1.
a. A.
Request by Mayor Raul G. Salinas 1.
Presentation by Dr. Gladys C. Keene regarding the
Mid Rio Grande Border Area Health Education Center, with possible action. 2.
Status report on support services to families who
have children with cancer, with possible action. B.
Request by Council Member Mike Garza 1.
Discussion
with possible action finishing the Century City Park and allocating no more
than $35,000. 2.
Discussion
with possible action on instructing the City Manager to negotiate an
agreement for the lease of the Joaquin Cigarroa Building located on 1502
Logan Avenue for the use of expanding the Health Department Services. C.
Request by Council Member Johnny Rendon 1.
Discussion on installing two (2) flashing beacons
on D.
Request by Mayor Pro-Tempore Gene Belmares 1.
Discussion with possible action on reimbursing the
Del Mar Little League for capital improvements to community fields. 2.
Status report on the 3.
Discussion with possible action on infrastructure
improvements from 4.
Discussion with possible action regarding the bus
shelter for the bus stop at Convergy’s E.
Request by Council Member Juan Chavez 1.
Request by the Laredo Housing Authority to
reimburse the payment in lieu of taxes that was submitted for Fiscal Year
2004, 2005, 2006 and 2007, with possible action. 2.
Motion to conduct a traffic studying around F.
Request by Council Member Juan Ramirez 1.
Discussion with possible action regarding El Portal
Pedestrian crossing. 2.
Discussion with possible action regarding the water
park. 3.
Discussion with possible action regarding the 4th
of July Festival. 4.
Discussion with possible action on installing
sidewalks by using District VIII Discretionary Funds on the following
streets: ·
2900 block of San Agustin-west side ·
1000 block of Alamo-north side ·
2200 block of Water-north side ·
900 block of Jefferson-south side VIII.
PUBLIC HEARINGS 2.
Public hearing providing community residents an opportunity to
comment on their housing and community needs and the projects that they wish
to see funded for fiscal year 2008-2009, with funds totaling $5,003,380 to be
received from the U.S. Department of Housing and Urban Development (HUD), and
more specifically through the 34th Action Year (AY) Community
Development Block Grant (CDBG) for $3,589,985, the 2008 HOME Investment
Partnerships Grant (HOME) for $1,248,285, the 2008 Emergency Shelter Grant
(ESG) for $159,922, and the 2008 American Dream Downpayment
Initiative Program (ADDI) for $5,188, in support of the preparation and
submission of the 2008 Consolidated One Year Action Plan to HUD. Also for discussion and comment is the
Fiscal Year (FY) 2006-2007 Consolidated Annual Performance Report regarding
the City’s administration of HUD Programs. 3.
Public hearing and introductory ordinance
amending the City of 4.
Public hearing and introductory ordinance amending
the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional
Use Permit for a nationalization of vehicles enterprise on Lots 2, 4, 6, 8,
9, 10, 11 and 12, Block 899, Western Division, located at 3501 San Bernardo
Avenue and 3502 Santa Ursula Avenue. The Planning & Zoning
Commission recommended denial of the Conditional Use Permit. District
VII
5.
Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of
the City of 6.
Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of
the City of Laredo by rezoning 5.29 acres, as further described by metes and
bounds in attached Exhibit “A”, located on the east side of U.S. Highway 83
south of Cielito Lindo
Boulevard, from B-1 (Limited Commercial District) to B-3 (Community Business
District). The Planning & Zoning Commission recommended approval of
the zone change. The proposed use is shopping center. District
I
7.
Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of
the City of Laredo by rezoning 5.26 acres, as further described by metes and
bounds in attached Exhibit “A”, located at the southwest corner of
International Boulevard and Veracruz Drive, from R-1 (Single-family
Residential District) to B-1 (Limited Commercial District). The Planning & Zoning Commission
recommended approval of the proposed zone change. The proposed use is
commercial. District VI 8.
Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of
the City of Laredo by rezoning 2.23 acres, as further described by metes and
bounds in attached Exhibit “A”, located at the southwest corner of
International Boulevard and Simon Bolivar, from R-1 (Single-family
Residential District) to B-3 (Community Business District). The Planning
& Zoning Commission recommended approval of the zone change. The
proposed use is commercial. District VI 9.
Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of
the City of Laredo by rezoning 3.68 acres, as further described by metes and
bounds in attached Exhibit “A”, located at the northwest corner of
International Boulevard and Veracruz Drive, from R-1 (Single-family
Residential District) to B-1 (Limited Commercial District). The
Planning & Zoning Commission recommended approval of the zone
change. The proposed use is commercial. District
VI
10.
Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of
the City of Laredo by rezoning 6.13 acres, as further described by metes and
bounds in attached Exhibit “A”, located at the northwest corner of
International Boulevard and Juan Escutia Boulevard,
from R-1 (Single-family Residential District) to B-3 (Community Business
District). The Planning & Zoning Commission recommended approval of
the zone change. District VI 11.
Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of
the City of Laredo by rezoning 1.14 acres, as further described by metes and
bounds in attached Exhibit “A”, located at the southwest corner of
International Boulevard and Juan Escutia Boulevard,
from R-1 (Single-family Residential District) to B-3 (Community Business
District). The Planning & Zoning Commission recommended approval of
the zone change. District VI
12.
Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of
the City of Laredo by rezoning 25.11 acres, as further described by metes and
bounds in attached Exhibit “A”, located at the southeast corner of Bartlett
Avenue and Jacaman Road, from R-1 (Single-family Residential District) to B-4
(Highway Commercial District). The Planning & Zoning Commission
recommended approval of the zone change. The proposed use is a bus
maintenance and administration facility. District
V
13.
Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of
the City of Laredo by authorizing a Conditional Use Permit for the sale of metal
products on .99 acres, as further described by metes and bounds in attached
Exhibit “A”, located at 10116 F.M. 1472; The Planning & Zoning Commission
recommended approval of the proposed Conditional Use Permit. District
VII 14.
Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of
the City of 15.
Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of
the City of Laredo by rezoning 3.61 acres, as further described by metes and
bounds in attached Exhibit “A”, located south of Soria
Drive and east of U.S. Highway 83, from R-1MH (Single Family Manufactured
Housing District) to R-1A (Single Family Reduced Area District); The Planning
& Zoning Commission recommended approval of the proposed zone
change. The proposed use is single-family residential.
District
I
16.
Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of
the City of 17.
Public hearing and introductory ordinance amending Chapter 24, Article IV, Supplementary
Zoning District Regulations Section 24-65.14: B-4 Highway Commercial
District, paragraph (16) Amusement Redemption Machine Establishment
provisions, subparagraphs (a), (b) and (c), of the Laredo Land Development
Code, by amending subparagraphs (a), which establishes location
requirements of one thousand (1000) feet from another Amusement Redemption
Machine Establishment, a church, and a public park or private park, and
amending (c), which establishes measurement criteria for
Amusement Redemption Machine Establishment, creating subparagraph (h)
Preexisting Uses; Section 24-65.15 : M-1 Light Manufacturing District, by
creating paragraph (6) Amusement Redemption Machine Establishment provisions;
Amending Section 24-94.5: Conditional Use Permit Application Submittal
Criteria, by adding paragraph (13) to exclude Amusement redemption
establishments from eligibility for a Conditional Use Permit; and Amending
Chapter 24, Article V, Off-Street Parking & Loading Requirements
paragraph (p) Parking Space Requirements by creating subparagraph (3) (f)
Amusement Redemption Machine Establishments; providing for an effective date
and publication. (Recess) (Press Availability) IX.
INTRODUCTORY ORDINANCES 18. Amending
the Code of Ordinance of the City of ·
Section
2-223- Membership criteria; term of office; method of appointment; ex-officio
members; by amending Section (a); deleting the requirement that
representation be from hotels, restaurant, retail, community/civic or
business organizations, sports community, and the Chamber of Commerce; and by deleting section (d) and (e)
Ex-officio members of the board; and amending the title of the section to
Membership criteria, term of office and method of appointment; ·
Section
2-225- General Authority, by deleting sections (a), (b) and (d); ·
Section
2-226- Administrative Duties, by deleting sections (c), (d), (e), (f), (g),
and (h); ·
Section
2-227- Meetings, by amending (c) that a quorum consists of 5 voting board
members. X.
FINAL 19. 2008-O-057
Amending Article IX [Swimming Pools] of Chapter 15
of the Code of Ordinances in the following respects: Section 15‑135
[Definitions] in order to establish and define the three terms: building official, private swimming pool,
& spa; Section 15‑136
[swimming pool permit required] in order to require building permit for the
construction of a private swimming pool or spa; Section 15‑137
[application for a swimming pool permit], in order to specify the
requirements for a private swimming pool or spa construction permit; Section 15‑138
[authority to inspect] in order to authorize the building official and
designees to inspect private swimming pools or spas; Section 15‑139
[issuance fees] in order to establish issuance fee for a private swimming
pool or spa; Section 15‑140
[duration of permit] in order to establish the duration of a permit for
public, semi‑public or private swimming pool or spa; Section 15‑141
[permit renewal] in order to amend caption;
Section 15‑142
[permit revocation] in order to amend caption Section 15‑143
unchanged; and Adding new section 15‑144
[private pool or spa barrier requirements], in order to specify standards for
safety barriers for private swimming pools and spas; and contractors
requirements and Renumbering section 15‑144, 145 and 146, to 15‑145,
146, & 147 and as renumbered: Section 145 [penalty
for violation] in order to provide for fines from $500.00 to $2,000.00 for
violation of these new regulations relating to private swimming pools and
spas; Section 15‑146
[injunctive relief] in order to provide that building official may seek injunctive
relief; Section 15‑147
[severability] unchanged; and providing for publication and effective
date. (As amended) 2008-O-058
Amending the City of Laredo Land Development Code,
Chapter 24, Article III, by creating Section 24-56, entitled “Parkland
Dedication Ordinance;” establishing minimum requirements for the dedication
of land (one acre per one thousand projected population) for park/recreation
purposes within a proposed development, establishing the methodology of land
dedication and/or securities in lieu of land dedication, establishing a
neighborhood park improvement fee of $314.00 per dwelling unit, defining and
establishing minimum standard for various types of parks (including mini
park, neighborhood park, community park, metropolitan park, regional park,
special use park, and school park). The Planning and Zoning Commission
recommended approval of this ordinance amendment. 2008-O-059
Authorizing the City Manager to amend the Fiscal
Year 2007-2008 Mercado Fund by appropriating expenditures in -the amount of
$50,000.00 from fund balance to cover needed repairs for the Mercado rental
properties and services for future anticipated improvements. Funding is available in the Mercado Fund
balance. 2008-O-060
Amending the Fiscal Year 2007-2008 South Texas
9-1-1 Regional Administration Division budget by increasing revenues and
expenditures in the amount of $558,613.00 for administrative, equipment and
program budgets for Jim Hogg, Webb and 2008-O-061
Requesting authorization to accept $6,847.50 in
revenue amending the City of 2008-O-062
Amending the City of Laredo’s Code of Ordinances,
Chapter 32- Vehicles for Hire, Article III- Tow Services, Section 32-88-
Duties of Tow Services on Rotation List, subsection(6)-Time for arrival by
adding fifteen minutes; Section 32-92-Towing Fees charged by towing companies
on the city’s rotation list, by increasing and setting fees as follows: tow
from $50.00 to $95.00; heavy-duty wrecker tow for unloaded vehicle from
$110.00 to $200.00; heavy-duty wrecker tow for loaded vehicle from $150.00 to
$275.00; use of dolly from $25.00 to $40.00; use of winch from $20.00 to
$75.00; lockout fee set at $65.00; tows and tire changes for all city
passenger cars and trucks set at $50.00; Amending Section 32-93-Storage
Facility Fees as allowed by state law as follows: for less than 12 hours and
12 hours or more, $10.00 for all city vehicles; for each additional day from
$10.00 to $20.00; truck or trailer longer than 35 feet from $15.00 to $35.00;
Impoundment Fee (formerly called “Preservation Fee”) from $10.00 to $20.00,
and $10.00 for all city vehicles; Notification Fee from $25.00 to $50.00, and
$32.00 for city vehicles; Amending Section 32-104-Rotation list permits, by
increasing the rotation permit and application fee from $100.00 to $300.00;
providing for publication and an effective date. (As amended) 2008-O-063
Authorizing the city manager to execute a budget
amendment appropriating operating funds from the Federal Transit
Administration Grant No. TX-90-X758 from Fiscal Year 2006-2007 in the amount
of $87,486.00 to be used for operating expenses in fiscal year 2007-2008,
increasing the Federal contribution from $3,658,679.00 to $3,746,165.00 and
decreasing the sales tax match for operations from $4,965,035.00 to
$4,877,549.00 and amending the Transit Sales Tax Fund by transferring
$87,486.00 into sales tax reserve and reducing transfer to operations by
$87,486.00. 2008-O-064
Amending the City of 2008-O-065
Amending the City of 2008-O-066
Amending Chapter 32, Vehicle for Hire, Article II,
Taxicabs, Operating Authority, Section 32-22, initial application for annual
permit, of the code of ordinances of the City of Laredo, clearance of (j)
requiring clearance of all outstanding traffic or parking fines with the city
and county, adding (n) an affidavit to permit holders to proof u.s. residency, section 32-35 Taxicab Driver’s License
Application, correcting typo on (i) replacing the
word permit with license, and adding (n) clearance of outstanding traffic or
parking fines with the city and county, Section 32-44 holder and driver to
comply, adding (c) driver’s must have a driver’s identification card visible
at all times and to provide for severability, publication and effective date. 2008-O-067
Amending guidelines and criteria governing tax
abatements by the City of 2008-O-068
Amending the City of Laredo Code of Ordinances,
Chapter 2-Administration, Article I, In General, Section 2-5 City Council
Meetings, Subsection (B) & (D) by providing that regular and Special City
Council Meetings shall end at 10:30 p.m. instead of 11:00 p.m.; deleting the
option to extend meeting by fifteen (15) minutes; providing for severability,
repeal all laws in conflict, and providing for an effective date. XI.
RESOLUTION 20. 2008-R-018 Authorizing and approving a Tax Abatement
Agreement between the City of 21. 2008-R-025 A resolution of the City of Laredo, Texas urging
the State Legislature enactment of legislation to provide for the adoption of
an advanced disposal fee on the purchase of new tires in order to fund
activities to resolve and prevent illegal dumping of scrap tires. 22.
2008-R-026 Authorizing
the City Manager to enter into and execute a cooperative working agreement
between South Texas Council on Alcohol and Drug Abuse (STCADA) and the Police
Department for the purpose of coordinating services, maximizing existing
resources, and avoiding duplication of services in the area of HIV Early
Intervention. 23. 2008-R-029 Resolution directing publication of notice of
intention to issue City of Laredo, Texas Combination Tax and Revenue Certificates
Of Obligation, Series 2008A, in the principal amount of $32,000,000, for
paying all or a portion of the City's Contractual Obligations for the purpose
of (1) constructing, improving and repairing city streets and sidewalks,
together with drainage, traffic and street signalization and lighting
improvements; (2) acquisition of municipal equipment and municipal vehicles
for various city departments including Health Department, Parks &
Recreation Department, Police Department, Fire Department and Public Works
Department ; (3) acquiring, constructing, improving and equipping the city’s
parks & recreation department buildings and facilities, design and
construction of hike and bike trails
and recreation centers, health department buildings and libraries, including
land acquisition and right-of-way, construction and design, and major
renovations to municipal buildings, and for the payment of legal, fiscal, and engineering fees in
connection with such projects. 24. 2008-R-030 Resolution
directing publication of notice of intention to issue City of Laredo, Texas
Combination Tax and Waterworks and Sewer System Revenue Certificates of
Obligation, series 2008B, in the principal amount of $48,500,000, for paying
all or a portion of the City's Contractual Obligations for the purpose of constructing, improving and extending the City’s
Waterworks System and Sewer System, and for the payment of legal, fiscal, and
engineering fees in connection with such projects. XII.
MOTIONS 25. Consideration
to revise the scheduled City Council Meetings for May 2008 by adding two (2)
Special City Council Meetings for the 2008 Bond Sale as follows: ·
May 5, 2008 @ 5:30 p.m. (Regular City
Council Meeting) ·
May 12, 2008 @ 12:15 p.m. (Special City
Council Meeting) ·
May 19, 2008 @ 5:30 p.m. (Regular City
Council Meeting) ·
May 21, 2008 @ 12:15 p.m. (Special City
Council Meeting) 26. Consideration
for approval to reduce the amount of retainage from
the monthly partial payment from 10% to 5% to the SER Construction Partners,
Ltd., Houston, Texas, construction contract for the Laredo International
Airport General Aviation Apron and Taxilane
Reconstruction (Phase III). Funding is
available in the Airport Construction Fund – FAA Grant No. 51. The Airport Advisory Committee recommends
approval. 27. Amending
the contract to Harry Jewett Associates in the amount of $48,000.00 to
include additional basic engineering and surveying services required to provide
to the contractor the staking of the alignment, all services, valves and fire
hydrants to the project for the Mines Road Work Order NO. 1. This amendment is subject to the Texas
Water Development Board Approval. The
amendment brings the total contract amount to $276,100.00. Funding is available in the Colonias
Project. 28. Authorize
the City Manager to amend the professional services contract with Gilpin
Engineering Company in the amount of $52,433.00 for a new total amount of
$1,012,433.00 for the extension of the 21” gravity sewer main leading into
the North Laredo Wastewater Treatment Plant.
Funding is available in the 2004 Sewer Bond. 29. Authorizing
the conditional acceptance of the Santa Rita 27”, 30” and 36” Sewer
improvements as built with the discrepancy of 2,500 feet of 36” sewer line
and 4 manholes at an estimated cost of $360,750.00, and authorizing the
Utilities Department to charge $6,670.00 each, to twelve developers as
indicated on Exhibit “A”, for a total of $80,040.00, for their share of the
needed construction repairs of the 2500 ft. and four manholes. The acceptance
of the improvements by the City is contingent on all twelve developers
signing the payment agreement and paying their contribution to the Utilities
Department before work is commenced by the City. Funding for the City’s share
of the construction repairs is available in the 2007 Sewer Revenue Bond. 30. Consideration
for acceptance of change order #2 and release of retainage
to QROMEX Construction for the construction of an 18” water line from United
South High School to the existing booster station along TX Hwy 359 Colonias
Work Order NADBank #1. The final contract amount is
$1,486,929.60. Funding is available in
the Colonias Project Fund. 31. Consideration
for approval of a list of 404 major thoroughfare streets city-wide of the FY
2008 Recycling/Repaving Program.
Funding is available in the City-Wide Street Paving Project 2007 Bond
Issue. 32. Approval
of expenditures in the amount of $7,000.00 for students from the Sister
Cities Youth Committee to travel to San Miguel De Allende, Guanajuato, Mexico
to participate in Encuentro Internacional
de Convivencia y Hermandad
Universal and further authorizing the City Manager to contract a charter bus
service to provide transportation into Mexico. This event brings ambassadors from over 30
countries with the message to bring unity, friendship, and cooperation among
all nations. The program will serve as
a catalyst for youth advancement through innovative and cross-cultural
educational programs with our worldwide sister cities; provide an excellent
opportunity for promoting the City of 33. Consideration to approve an amendment to the
recycling center agreement between the City of Laredo and Southern Sanitation
Services, Inc., a Texas corporation to increase the total contract price for
operating expenses by $3,000 per month due to the 2007 Federal minimum wage
increase. The monthly contract amount will be limited to a fixed amount not
to exceed $39,635.00 per month for the term of the contract through July 31,
2011. In the event production exceeds
183 tons in any given month, the City will pay $200.00 per ton in excess of
that limit. This increase will be
retroactive to October 2007. 34. Consideration
to authorize a change order to the contract awarded to Antares
Development Corporation for providing archiving/preservation services to the
Vital Statistics Program of the Health Department by increasing the contract
amount by $40,000.00 to a revised total amount of $200,000.00. This increase will provide additional
archiving/preservation services.
Funding for the additional services is available in the Health
Department Budget. 35. Consideration
to award a software maintenance contract to the sole source provider, HTE Sungard, in the amount of $286,702.68. This maintenance
contract provides customer support and service for the OSSI Computer System
utilized by the Police and Fire Departments.
The term of the contract is for twelve months ending on December 20,
2008. Funding is available in the Police and Fire Department annual budgets. XIII.
STAFF REPORTS 36. Presentation
of the Fiscal Year 2006-2007 Comprehensive Annual Financial Report (CAFR)
prepared by the City of XIV.
EXECUTIVE SESSION The City Council hereby reserves the right to go
into executive session at any time during this public meeting, if such is
requested by the City Attorney or other legal counsel for the City, pursuant
to his or her duty under Section 551.071(2) of the Government Code, to
consult privately with his or her client on an item on the agenda, or on a
matter arising out of such item. 37. Request
for Executive Session pursuant to the Texas Government Code, Section 551.074
to deliberate the appointment, employment and duties of the Chief of Police;
and return to open session for possible action thereon. XV.
RECESS AS THE LAREDO CITY COUNCIL AND
CONVENE AS THE LAREDO MASS TRANSIT BOARD 38. 2008-RT-002 Authorizing the City of Laredo to file an
application with the Department of Transportation, Federal Transit
Administration, United States of America, in the amount of $3,952,369.00 for
Fiscal Year 2007-2008 and authorizing the City Manager to execute all related
documents. XVI.
RECESS AS THE LAREDO MASS TRANSIT BOARD AND RECONVENE AND ADJOURN AS
THE LAREDO CITY COUNCIL This notice was posted at the Municipal Government
Offices, 1110 Houston Street, Laredo, Texas, at a place convenient and
readily accessible to the public at all times. Said notice was posted on
Wednesday, April 2, 2008 at 8:00 p.m.
Gustavo Guevara, Jr. City
Secretary |
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