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HomeMy WebLinkAbout951399.tiffHEARING CERTIFICATION DOCKET NO. 95-50 RE: PUBLIC HEARING REGARDING THE PROPOSED SITING OF A JUVENILE DETENTION FACILITY UPON A PORTION OF TRACT A IN THE WELD COUNTY BUSINESS PARK A public hearing was conducted on July 11, 1995, at 7:00 p.m., in the Hensel Phelps Theater of the Union Colony Civic Center, with the following present: Commissioner Dale K. Hall, Chairman Commissioner Barbara J. Kirkmeyer, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner W. H. Webster Also present: Acting Clerk to the Board, Carol Harding County Attorney, Bruce Barker Director of Finance and Administration, Donald D. Warden The following business was transacted: I hereby certify that pursuant to a notice dated June 28, 1995, and duly published June 29, 1995, in the Windsor Beacon, a public hearing was conducted to hear public testimony regarding the proposed siting of a juvenile detention facility upon a portion of Tract A, Weld County Business Park. If approved, the proposed facility would be constructed and operated by the State of Colorado, Department of Human Services, Division of Youth Services, and would include the donation from the County of Weld to the State of Colorado of that portion of Tract A necessary for the siting of the facility and 3.589 acres adjoining Tract A to the west. Bruce Barker, County Attorney, made this a matter of record. Jerald Adamek, Director of Youth Services, discussed the intent of the Colorado General Assembly in passing legislation the past two years to fund construction of several secure facilities for delinquent youth in Colorado. He presented copies of screens shown on the overhead projector, Exhibit A, and discussed the use of management regions to keep incarcerated youth closer to homes and to keep communities involved in its own youths problems and solutions to those problems. Mr. Adamek stated the northeast region, as currently defined, includes Jackson, Larimer, Weld, Morgan, Logan, Sedgwick, Phillips, Yuma, Washington, Kit Carson, and Adams Counties, although the majority of youth would be from Adams, Larimer, Weld, and Boulder if it is later included in this region. He explained the difference between detention, a pre-trial holding status or short-term sentencing of up to 45 days maximum; and commitment, a long-term sentence including determinate, the most common and aggravated, which is the most severe but least used. Mr. Adamek stated the aggravated, five-year sentence has been used less than 40 times in the last six years. The plan requested by the legislature covers a five-year span and includes $44.6 million as a total project for the State, for 120 commitment beds and 310 detention beds. The northeast region budget is $12.4 million for a 120 - bed facility. Mr. Adamek explained the requirement of the legislature for local donation of the land for construction of this facility and reviewed population data on detained youth and committed youth by county of residence. He then discussed juvenile detention population trends, stating Weld County has sharply increased admissions to 34 new commits, with the average daily stay increasing to 13.5 days. Mr. Adamek concluded by noting the benefits to Weld County are enhanced public safety; increased juvenile justice system capacity; immediate access for local agencies/families; limited transportation responsibility to the Sheriff; maintenance of youth within the influence of local values; investment of $12.7 million for capital construction; and addition of 110 new jobs and $4.1 million to the local economy through the facility's annual operating budget. Mr. Adamek introduced Chris Hedburg, representative of the architectural firm who designed the conceptual plans for these similar facilities and is responsible for the adaptation of the conceptual plan to each local site. Ms. Hedburg discussed the type of building to be constructed and stated this is a perimeter secure building with an exterior security wall to keep the juveniles in and the public out. She noted the composition of the building is concrete masonry and brick, which will maintain a nice appearance for approximately 50 years. Ms. Hedburg concluded her remarks, stating she has met with Bley and Associates, the architects working on the Weld County Jail 951399 BC0023 NC: en RE: HEARING CERTIFICATION - JUVENILE DETENTION FACILITY PAGE 2 project, to incorporate any cost savings possible through shared features, such as the exterior loop road and shared parking near "O" Street. Chairman Hall questioned Mr. Adamek concerning the State's position regarding this matter being placed on the County's ballot for the upcoming General Election. Mr. Adamek discussed the plans to achieve cost savings by combining the construction of the El Paso and Weld County facilities and the threat of pending litigation because of the overcrowding of the Adams facility. Responding to questions from Commissioner Kirkmeyer, Mr. Adamek stated the language in the contract can address the guarantee that only juveniles resident to the northeast region will be incarcerated at this facility; however, he noted a juvenile from another region being prosecuted for a crime committed in this region would remain in custody here. Commissioner Kirkmeyer specified that youth sentenced in Denver will not be held in the northeast region. Mr. Adamek stated that absolutely would not happen and noted, by emptying Denver beds of northeast region youth, more will be open for its own use. Mr. Adamek responded to Commissioner Webster that court facilities are not presently included in the facilities; however, that issue is being considered for the 120 -bed and larger facilities. Tom Gonzales, representing the Evans City Council, and Terry Urista, UNC Security and Colorado Police Chiefs Association, spoke in favor of the facility which will help get violent youth off the street and relieve the problems associated with transportation of youth to Adams County or Brush at the present time. Jon Eastin, Administrator of Weld County School District #6, stated District #6 is still responsible for the education of the youth from Weld County and noted approximately $15,000 was paid to other counties for education provided to Weld County resident youth. Responding to Commissioner Harbert, Mr. Eastin explained all districts within the region would be responsible on a pro -rata basis for each student from its district; however, District #6 would provide the teachers and educational program then bill the other districts. Duane Hamlet, Gill, spoke against the facility, as well as the current trend of treating the juveniles too good when they have committed crimes. Mr. Adamek responded that perhaps these young people can be taught to be more responsible and accountable through working with agencies within the community. Responding to Commissioner Baxter, Mr. Adamek discussed the ACA accreditation which helps the State maintain the proper standards necessary to avoid litigation. William Starks, Assistant District Attorney and Chief Trial Deputy of the Juvenile Division, stated this facility is going to be built somewhere, and he reiterated the benefits to Weld County for having it here. He stated this is a clean industry providing numerous jobs and placing dollars into the local economy and discussed the cuts in transportation costs and concerns. He also discussed the enhanced opportunity to rehabilitate youth with families nearby and noted in some cases the possibility of bringing families back together will be enhanced. Gil Gutierrez, Assistant Professor at the University of Northern Colorado, stated he is in favor of this facility because it will allow his students to work in a facility nearby. He discussed the need for immediate and early intervention and stated our own local problems can be solved easier if we are locally empowered and the treatment programs can be tailored to meet the needs of the youth. State Representative Dave Owen reinforced the State concerns as discussed earlier by Mr. Adamek. As a member of the Joint Budget Committee, Representative Owen expressed the concerns of that body regarding the overcrowding throughout the State and stated it is counting on the juvenile detention facility being built. He noted Adams County is close to legal action and the solutions include capping, which turns the overflow of felons out on the street; giving the burden of providing detention back to the counties; or sending the juveniles out of state. He stated the Brush facility charges $122 per day per kid and allows 50 beds for State inmates which are critical for the State's use. Representative Owen noted, as a private citizen who lived many years in Leavenworth, Kansas, he had no fear for his safety because of two detention facilities being in the same town. Responding to Commissioner Kirkmeyer, Representative Owen stated he feels the JBC will agree with the guarantees being requested by the Commissioners, and he sees no problem as stated by Mr. Adamek. Al Arriessecq, Youth Services Supervisor, stated it is obvious this facility will be built, and he reiterated the benefits to Weld County for the siting here. He discussed the need for immediate detention to provide a deterrent to other youth and applauded the efforts of the Commissioners in providing a location for Alternative Homes for Youth to be built. Jess Quinby, Evans, stated he has been involved in providing intake services to Weld County since 1980, and discussed the County taking advantage of the opportunity to separate local juvenile offenders from the Metro District offenders and doing the rehabilitation locally. Lee Steele, Chief Probation Officer, Nineteenth Judicial District, explained the hands of the Probation Officers are 951399 BC0023 RE: HEARING CERTIFICATION - JUVENILE DETENTION FACILITY PAGE 3 severely tied since they cannot get an immediate response when probation is violated, because there is no space available. Judge Robert Lowenbach, District Court, stated he presides over family court and is responsible for the establishment of a system to deal with juvenile crime. He said the Court has not been told by Adams County that it cannot put anyone there; however, he feels that day is fast approaching. He is in favor of a local facility because it provides community protection by removing juveniles from the streets; provides for the establishment of goals for rehabilitation of youth and their families; and provides immediate response depending on the severity of the crime. Dr. Dale Peterson, Director of Weld Mental Health Center, discussed the difficulties encountered by his staff in providing mental health screening to youth who are being held in Brighton, noting the transportation costs include ambulance costs for transporting youth who require more intensive mental health care. He also stated a higher level of intervention could be provided if transportation costs were shifted to treatment. Virginia Scheel, Greeley, spoke against the facility. She noted most of the individuals speaking tonight profit from crime in one manner or another. She discussed the problems with the PUD as she sees them and stated the PUD does not allow for the gift of land to the State for a detention facility. Mr. Barker responded the County has requested an opinion from the Attorney General on this issue; however, he feels the local land use policies do not apply to State detention facilities. He noted the conceptual PUD Plan regulates the use and does not cover the grant or transfer to the State who would be providing the use. Ms. Scheel detailed her concerns with this facility being sited in Weld County, including the ever- increasing intrusion of State detention facilities once they get started; an initiative petition which was presented to City of Greeley officials today which she feels would nullify the ability of the State to use the PUD in this manner; the facility being a maximum -security facility; and the possibility of youth being released into the community on various work release programs. Mr. Adamek reiterated each School District provides the cost for its resident youth; however, School District #6 would be providing the necessary education totally within the confines of the facility. He also stated any pre -parole or early release would have to be through the Community Review Board for pre - parole or work -release programs, or the Juvenile Parole Board which would return the juvenile to his county of residence. Mr. Adamek reiterated for Commissioner Harbert those boards are currently functioning and have been for a long time. He again explained there will be some violent offenders held in custody in this facility and it is the District Attorney's decision whether to file charges as an adult or as a juvenile. Mr. Warden, responding to Ms. Scheel's statement that he said these would be non-violent offenders, said when he made that statement they were discussing the Alternative Homes for Youth Project and the Youth Shelter Home Project, which are currently underway at the Weld County Business Park. At the request of Commissioner Harbert, Mr. Warden explained the Weld County Business Park is a 160 -acre tract purchased from Monfort Development Corporation, which was developed and utilities provided through a $1.7 million Economic Development Grant. Commissioner Baxter stated, in response to Ms. Scheel's concerns regarding taxes, that cost had to have been a reason for the closure of the Greeley facility for juveniles and pointed out it is more expensive to run a facility in each town than one regional facility. Mr. Adamek responded it is also not cost effective to run several small facilities, which is where the idea of regional facilities came from. He also explained why the Larimer County deal fell through, explaining the selected site size and configuration was not appropriate for a 60 -bed facility; therefore, it is certainly not appropriate for a 120 -bed facility. He also noted Larimer County wanted the State to pay for the additional 2.5 acres, over the 5 acres being considered and Larimer County requested an additional $750,000 for a building for a program similar to Alternative Homes for Youth. At Chairman Hall's request, Mr. Adamek reiterated the legislature approved, through House Bill #1340, 60 beds for pre-trial detention purposes. During last session, another 60 beds were added for committed youth who would be serving longer terms. Debbie Aragon, representing the Riverview Home Owners Association which is located near "O" Street and 35th Avenue, stated this matter should fall under the recent Charter Amendment and should be put before the voters; and she spoke against the proposed site. Loren Bley, Greeley, stated there is a clear and present need to remedy the overcrowding which is presently occurring in our detention facilities and reiterated the transportation problems and concerns mentioned earlier. He stated, in addition to the population center being somewhat west of Greeley, there are other reasons to avoid eastern Colorado, such as water supply, utility infrastructure problems, and excessive operating costs. Dawn Farrington, Director of Partners, Inc., spoke in favor of the site and stated she agreed with 951399 BC0023 RE: HEARING CERTIFICATION - JUVENILE DETENTION FACILITY PAGE 4 the comments made earlier enumerating the benefits to Weld County. Wayne Harrison, Greeley, expressed his surprise at the staggering dollar amount being spent on construction of new detention facilities and stated the costs are too high and it will all be coming to an end. He also questioned why this site is not in a flood zone, since his property nearby is. He pointed out the election is only four months away, and he is in favor of it being on the ballot. Les Hart, Greeley, stated he donates many hours to the Sheriffs Office to transport juveniles, and he is aware of 40 warrants which cannot be executed since there are not enough beds to accommodate the juveniles. He reiterated problems and concerns regarding the numerous hours spent transporting juveniles. Sharon Hopper, Del Camino area, expressed her concerns regarding inclusion of violent offenders and stated the Board of Commissioners did not properly research the facility. Dave Malcolm, Greeley, stated if the juveniles are expected to have our local values they must be kept where families and friends may visit; thus allowing a chance for the entire family to interact. Warren Mitchell, Greeley, stated he is in favor of the siting and that youth are our future. He feels with hugs, love, and counseling much good can come from rehabilitation. He agrees with the comments made by Mr. Malcolm and stated it only takes one minute to change an attitude; however, that one minute may affect an entire life. Mr. Starks pointed out when a kid from Denver commits a crime in Greeley he can be transferred to his county of residency for incarceration. (Changed to Tape #95-28 while Mr. Starks was speaking.) Dave Best, Greeley, said these young people can be helped, they can be educated; they are punished by being incarcerated and losing their freedom, and they should not be physically punished. He feels they should be kept in our own back yard when possible. Chairman Hall closed public testimony and noted the Board has asked for an opinion from the State Attorney General. The Board indicated it prefers to wait for that opinion before taking action on this matter. This Certification was approved on the 17th day of July, 1995. APPROVED: BOARD OF COUNTY COMMISSIONERS Deputy Cler to the Board TAPE #95-27 & #95-28 DOCKET #95-50 LD COUNTY, CpLOR,(�DO Barbra J. Kirkm, Pro- em E.. Baxter Constance L. Harbert 1 W. H. Webster 41,1 -19:117 951399 BC0023 NOTICE DOCKET NO. 95-50 On Tuesday, July 11, 1995, at 7:00 p.m., the Board of County Commissioners of Weld County, Colorado, will hear public testimony regarding the proposed siting of a juvenile detention facility upon a portion of Tract A in Weld County's North Business Park. If approved, the proposed facility would be constructed and operated by the Division of Youth Services of the State of Colorado Department of Human Services. The proposal would include a donation to the Division of Youth Services by Weld County, Colorado, of that portion of Tract A necessary for the siting of the facility and 3.589 acres adjoining Tract A to the west. The hearing will take place in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado. All persons in any manner interested are requested to attend said hearing and may be heard. Any person who cannot attend the hearing to give testimony may submit written comments to the Board at P.O. Box 758, Greeley, Colorado 80632. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Carol A. Harding DEPUTY CLERK TO THE BOARD DATED: June 28, 1995 PUBLISHED: June 29, 1995, in the Windsor Beacon 951399 Mafia DOCKET NO. 95-80 On Tuesday, July 11, 1995, at 7:00 p.m., the Board of County Commissioners of Weld County, Colorado, will hear public testi. mony regarding the proposed siting of a juvenile detention facility upon a portion of Tract A in Weld County's North Business Park. If approved, the proposed facilm would be con- structed and operated by the Division of Youth Services of the State of Colorado Department of Human Services. The proposal would include a donation to the Division -of Youth Services by Weld County, Colorado, of that portion of Tract A necessary for the siting of the facility and 3.589 acres adjoining Tract A to the west. The hearing will take place in the Chambers of the Board of County Commissioners of Will Caally. Coorad, Wed Garb Caesnry Cent:n pis 106INK Rn noor, Greeley, Comeds. M Person in any manner feraated are request- ed to attend said hearing and sy be beard Any who not attend the hearing to gve datlrnony may suddt writ- ten continents to the Board at P.O. 3� 758, Greeley, Colorado BOARD OF COUNTY COM MISSIONERS WELD COUNTY COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK T THE BOARD BY: Carol A. Harding DEPUTY CLERK TO THE BOARD DATED; June 28. 1995 Published In the Windsor INS ell +.eee, tees. AFFIDAVIT OF PUBLICATION STATE OF COLORADO COUNTY OF WELD SS I, ROGER A. LIPKER, of said County of Weld, being duly sworn, say that I am publisher of WINDSOR BEACON a weekly newspaper having a general circulation in said County and State, published in the town of WINDSOR, in said County and State; and that the notice, of which the annexed is a true copy, has been published in said weekly for / successive weeks, that the notice was published in the regular and entire issue of every number of the paper during the period and time of publication, and in the newspaper proper and not in a supplement, and that the first publication of said notice was in said paper bearing the date of the _ day of A. 19 `%S and the last publication aring the date of the _day of A.D., 19_ and that the said WINDSOR BEACON has been published continuously and uninterruptedly for me yoriod of 5 consecutive weeks, in said County and State, prig; to the date of first publication of said notice a•4 the same is a newspaper within the meaning of an Act is m3ulate printing of legal notices and advertisements, approved May 18, 1931, and ail prior acts so far as in force. Zn JB ISHER Sub cribed and sworn to before me this99 day of /r c -r.3- 19 GS — NOTARY PUBLIC My commission expires 9 %�: STATE OF COLORADO COLORADO DEPARTMENT OF HUMAN SERVICES Office of Youth Services 4255 South Knox Court Denver, Colorado 80236 Phone (30.3) 762-4695 FAX (303) 762-1418 F. Jerald Adamek Director June 26, 1995 Mr. Dale Hall, Chairman Weld Board of County Commissioners P.O. Box 758 Greeley, Colorado 80632 Roy Romer Governor Barbara McDonnell Executive Director Karen Beye Managing Director Dear Chairman Hall: As you are aware, the Colorado General Assembly passed legislation in each of the past two years which funds the Colorado Office of Youth Services for construction of a new 120 bed secure facility for delinquent youth in Northeast Colorado. In 1994, House Bill #1340 authorized sixty (60) beds for pre-trial detention purposes. During this past session, another sixty (60) beds were added for committed youth who would be serving longer terms of 6-12 months. The total construction appropriation now amounts to $12,436,300. The General Assembly appropriated funding for the Capital Construction, but expected that appropriate building sites would be made available by the communities which these facilities are to serve. Parcels of property have now been made available in El Paso and Arapahoe Counties. The City of Denver is now in the process of identifying a site. From our perspective, the location adjacent to the property for which plans are underway for a new Weld County jail on the north side of Greeley will meet the criteria established for construction of a secure facility for delinquent youth. Please consider this as our formal request for transfer of this parcel of property to construct the 120 bed facility which will serve Weld County and a catchment area restricted to northeast Colorado. Clearly, the need for a Public Hearing to consider citizen input at the earliest possible time regarding the siting of this juvenile facility would seem to be appropriate. Given our need to move forward with the planning, we would sincerely appreciate your efforts to expedite this process. Thank you. Since F.'Sdrald Adamek Director Building Pathr.,,shlps to Improve Opportunities for Safety, sell-sunlclency, and Dignify for the People of Colorado 951399 Colorado Youth Detention Centers Capital Building Program (H894-1340) WELD COUNTY COLORADO DEPARTMENT OF HUMAN SERVICES OFFICE OF YOUTH SERVICES b: -E A 951399 licve n, yt'ok- Eaa.;i,+c/ N T , T 0 2 T N G) U LL O U co m O_ M LL = a V) N'C N O D?� C a J N E a Er U in y W 5 i N C i- } O x O O u N a' 951399 ADAMS WASHINGTON NORTHEAST REGION K 951399 1. DETENTION - a) Pre-trial Holding Status b) Short-term sentencing (45 days maximum) 2. COMMITMENT - a) Disposition - Long term sentence '1. Two (2) years - Determinate 2. Five (5) years - Aggravated 951399 Colorado Youth Detention Centers Capital Building Program (HB94-134O) Executive Summary Project Summary General Notes: The total appropriation request of $12,654,450, (HB95-1352), bringing the total appropriation to 844,604,434 was approved in the Lefislative session ARAPAHOE COUNTY #P9373 108 Beds 61,505 GSF. Design Development was submitted on 5/16/93. Estimate review and vallue engineering sessions were held. L2Eyall #P9373 60 Beds 38,620 GSF. this project is on hold until a site has been selected. NORTHEAST COLORADO #P9373 120 Beds 68,358 GSF. Appropriation $10,746,000 Appropriation $6,809,00 Appropriation $12,436,300 Design for the prototypical site adaptation will begin in October. Negotiations with Weld County are on going, for the site. ELEASQ_Catjfin #P9465 100 Beds 61,575 GSF. Appropriation S11,092,734 Design for the prototypical site adaptation will begin in September. Geo Technical Report was submitted. PUEBLO #P9465 12 Beds 10,292 GSF. Design Development was completed on 5/8/95. Estimate Reviews and Valve Engineering sessions were held. • GRAND JUNCTION #P9465 30 Beds 33,904 GSF. Appropriation 51,020,000 Appropriation $2,500,000 Programming and start up meeting was held with architects on May 24-26. PAGE 1 HEERY Program Management Report #3 5/31/95 951399 NORTHEAST REGION POPULATION DATA ON DE -TAMED YOUTHS BY COUNTY FY 1992-93 FY 1993-94 County of Ads_ Offense �� LOS Admis- LOS ADP (Days) sions ADP (Days) Adams 893 26.4 11.2 1233 31.7 9.3 Jackson 3 0.0 2.0 2 0.3 50.2 Kit Carson 5 0.3 38.2 13 0.4 9.1 Latimer 312 12.3 14.2 450 15.0 11.7 Logan 25 1.6 25.5 49 1.6 13:0 Morgan 30 1.0 10.2 97 3.9 13:7 Phillips • 1 0.1 18:8 4 0.2 21.2 Sedgwick 0 0.0 0.0 3 0.0 4.7 Washington 0 0.0 0.0 0 0.0 0:0 Weld 174 6.9 14.3 513 15.2 10:4 Yuma 10 0.3 8.5 19 0.7 10.9 Other States/Count 15 0.2 - 5.1 21 0.2 3.4 TOTALS 1,468 49.1 12.5 2,404 69.2 10.2 42 951399 NORTHEAST REGION POPULATION DATA ON COMMITTED YOUTHS BY COUNTY OF RESIDENCE FY 1992-93 Res. New LOS County Commits .ADP (mos.) Adams 59 62.7 15.1 Jackson 0 0.0 0.0 Kit Carson 0 0.0 0.0 _Latimer 22 25.9 11.2 Logan 6 4.5 13.0 Morgan 3 4.7 17.9 Phillips 0 0.0 0.0 Sedgwick 0 0.0 0.0 Washington 0 0.6 8.4 Weld 21 28.5 12.5 Yuma 1 0.8 9.3 Other States/County 2 1.8 10.8 TOTALS 114 129.5 13.4 FY 1993-.94 Res. New LOS Commits ADP (mos.) 46 62.8 15.0 1 0.6 0.0 1 0.0 0.0 29 34.2 15.6 3 4.5 7.2 5 3.9 11.3 0 0.0 0.0 0 0.0 0.0 0 0.0 0.0 34 26.0 15.4 1 0.5 0:0 2 2.6 0.0 122 135.1 14:8 40 951399 Juvenile Detention Population Trends Admissions Avg LOS ADP (days) Weld 1992-93 174 6.9 14.3 1993-94 513 15.2 10.4 1994-95 452 16.5 13.5 Larimer 1992-93 312 12.3 14.2 1993-94 450 15.0 11.7 1994-95 439 17.3 15.1 Boulder 1992-93 485 12.7 9.9 1993-94 481 12.9 9.7 1994-95 668 16.7 9.0 951399 BENEFITS TO WELD COUNTY V ENHANCES PUBLIC SAFETY A/ INCREASES JUVENILE JUSTICE SYSTEM CAPACITY 4I IMMEDIATE ACCESS FOR LOCAL AGENCIES/FAMILIES 4 LIMITS SHERIFF'S TRANSPORTATION RESPONSIBILITY A/ MAINTAINS YOUTH WITHIN INFLUENCE OF LOCAL VALUES 1/ $12.7 MILLION - CAPITAL CONSTRUCTION INVESTMENT V 110 JOBS - $4.1 MILLION ANNUAL OPERATING BUDGET 951399 dent z �r. c, r' -'v /. E'") -z1- r , f , . G =Id 7y Gyt�j vJt GL. 1-4-L.,'. 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