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Oxford Township
11 Green Street
Oxford, New Jersey 07863
(908) 453-3098
 

Hours: 9am-4pm (Mon-Fri)

 
 

TOWNSHIP MINUTES

October 15, 2008
 
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TOWNSHIP MEETING
OCTOBER 15, 2008

The regular scheduled meeting of the Mayor and Committee of the Township of Oxford was held on October 15, 2008 in the Township Municipal Building, 11 Green Street, Oxford, New Jersey.

Mayor Bonnie Riley announced that the meeting had been properly advertised in compliance with the OPMA of 1975 and called the meeting to order at 6:10 PM.

In attendance were Bonnie Riley, N. Angelo Accetturo, William Bray, Michael Lavery Michael Finelli, and Sheila L. Oberly.

Everyone stood and recited the flag salute.

Mrs. Riley stated that the tax, and sewer reports for October 2008 are available to the public in the back of the room.

The minutes of September 2nd, 17th, and 24th, 2008 were approved on motion by Mr. Bray, seconded by Mr. Accetturo and passed unanimously on roll call vote.


ORDINANCE 2008-08

ORDINANCE OF THE TOWNSHIP OF OXFORD, COUNTY OF WARREN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 75 OF THE TOWNSHIP CODE TO ADOPT AN UPDATED RECYCLING ORDINANCE

The Committee of the Township of Oxford, in the County of Warren, does ordain:

Section 1, Chapter 75, Recycling and Solid Waste shall be deleted and replaced and amended in its entirety so as to read:

Chapter 75-1

Definitions
Source Separation, Exemptions
Collection of Recyclable Materials
Residential Dwelling Compliance Requirements
Commercial Establishment Compliance Requirements
New Developments of Multi-Family Residential Units or Commercial, Institutional, or
Industrial Properties
Prohibition of the Collection of Waste Mixed with Recyclable Materials
Enforcement
Violations and Penalties

Definitions

Commingled- means a combining of non-putrescible source-separated recyclable
materials for the purpose of recycling;

Commercial Use- means an activity involving the sale of goods or services carried out for profit;

Designated recyclable materials- means those materials designated within the
Warren County District Solid Waste Management Plan to be source separated for the purpose of recycling. These materials include: Glass, plastic, aluminum, tin, paper, cardboard

Electronic waste- (to be included in those instances where a recycling program has been, or will be, established for these materials) shall mean a computer central processing unit and associated hardware including keyboards, modems, printers scanners and fax machines; a cathode ray tube, a cathode ray tube device, a flat panel display or similar video display device with a screen that is greater than 4 inches measured diagonally and that contains one or more circuit boards, including a television, and cell phones;

Hotel - shall mean any building, including but not limited to any related structure, accessory building, and land appurtenant thereto, and any part thereof, which contains 10 or more units of dwelling space or has sleeping facilities for 25 or more persons and is kept, used, maintained, advertised as, or held out to be, a place where sleeping or dwelling accommodations are available to transient or permanent guests.

This definition shall also mean and include any hotel, motor hotel, motel, or established guesthouse, which is commonly regarded as a hotel, motor hotel, motel, or established guesthouse, as the case may be, in the community in which it is located; provided, that this definition shall not be construed to include any building or structure defined as a multiple dwelling in this act, registered as a multiple dwelling with the Commissioner of Community Affairs as hereinafter provided, and occupied or intended to be occupied as such nor shall this definition be construed to include a rooming house or a boarding house as defined in the "Rooming and Boarding House Act of 1979," P.L.1979, c.496 (C.55:13B-1 et al.) or, except as otherwise set forth in P.L.1987, c.270 (C.55:13A-7.5, 55:13A-7.6, 55:13A-12.1, 55:13A-13.2), any retreat lodging facility, as defined in this section.

Multifamily dwelling- means any building or structure of complex of buildings in which
three or more dwelling units are rented or leased or offered for rental or lease for residential purposes (see NJSA 13:1E-99.13a.) except hotels, motels, or other guest houses serving transient or seasonal guests as those terms are defined under subsection (j) of section 3 of the “Hotel and Multiple Dwelling Law,” P.L. 1967, c. 76 (C.55: 13A-1 et seq.);

Municipal Recycling Coordinator- means the person or persons appointed by the municipal governing body and who shall be authorized to enforce the provisions of this Ordinance, and any rules and regulations which may be promulgated hereunder.

Municipal solid waste (MSW) stream- means all solid waste generated at residential,
commercial, and institutional establishments within the boundaries of the municipality of Oxford Township;

Recyclable material- means those materials, which would otherwise become solid waste,
and which may be collected, separated, or processed and returned to the economic mainstream in the form of raw materials or products;

Source-separated recyclable materials- means recyclable materials, which are separated at
the point of generation by the generator thereof from solid waste for the purposes of recycling;

Source separation- means the process by which recyclable materials are separated at the
point of generation by the generator thereof from solid waste for the purposes of recycling;

Source Separation; Exemption from Source Separation Requirements

A. Mandatory source separation: It shall be mandatory for all persons who are owners, tenants, or occupants of residential and non-residential premises, which shall include but not be limited to retail and other commercial locations, as well as government, schools and other institutional locations within the Municipality of Oxford Township to separate designated recyclable materials from all solid waste. Designated recyclable materials shall be deposited separate and apart from other solid waste generated by the owners, tenants, or occupants of such premises and shall be placed separately at the curb in a manner and on such days and times as may be hereinafter established by regulations promulgated by the Oxford Township.

D. Exemptions: Pursuant to N.J.S.A. 13:1E-99.16(d), the governing body of a municipality may exempt persons occupying commercial or institutional premises within its municipal boundaries from the source separation requirements of the ordinance which requires persons generating municipal solid waste within its municipal boundaries to source separate from the municipal solid waste stream, the specified recyclable materials if those persons have otherwise provided for the recycling of all designated recyclable materials. To be eligible for an exemption pursuant to this Chapter, a commercial or institutional generator of solid waste shall file an application for exemption with the municipal recycling coordinator on forms to be provided for this purpose. The form shall include, at a minimum, the following information: the name of the commercial or institutional entity; the street address location and lot and block designation; the name, official title and phone number of the person making application on behalf of the commercial or institutional entity; the name, address, official contact person and telephone number of the facility which provides the service of recycling those designated recyclable materials, and a certification that the designated recyclable materials will be recycled, and that, at least on an annual basis, said recycling service provider shall provide written documentation to the municipal recycling coordinator of the total number of tons collected and recycled for each designated material.

Collection of Recyclable Materials

The collection of recyclable material shall be in the manner prescribed as follows:

A. All containers containing recyclable materials shall be placed, prior to collection, between the curb and the sidewalk, or in the absence of curb and sidewalk, as near to the street as not to constitute a danger, where such receptacles shall be readily accessible to the collector without providing obstruction to pedestrians. The owner or occupant of the premises shall keep all receptacles clean and in safe handling condition. Receptacles or other items to be disposed of shall be placed as noted above anytime after 6 p.m. of the day immediately preceding the day of collection, but no later than 6 a.m. of the day of collection. After collection, any containers shall be removed from the curbside by no later than 8 p.m. of the day of collection.

B. All receptacles or dumpsters shall be kept in a clean and safe manner and containers shall be no more than 50 gallon. Newspapers, cardboard and other paper must be flattened and bound with twine or string or placed within a cardboard container that itself is made of similar recyclable material.

Residential Dwelling Compliance Requirements

A. The owners/occupants of single family and two family dwellings shall be responsible for compliance with this Ordinance.

B. For multifamily units, the management or owner is responsible for setting up and maintaining the recycling system, including the designation of a building/complex recycling coordinator who will oversee the recycling system, which includes the collection of recyclable materials.

C. Violations and penalty notices will be directed to the owner, in those instances where the violator is not easily identifiable. The management shall issue notification and collection rules to new tenants when they arrive and every 12 months during their occupancy.

Commercial Establishment Compliance Requirements

A. All commercial, business, or industrial facilities shall be required to
comply with the provisions of this Ordinance.

B. The arrangement for collection of designated recyclables hereunder shall
be the responsibility of the commercial, institutional or industrial property owner or their designee, unless the municipality provides for the collection of designated recyclable materials. All commercial, institutional or industrial properties which provide outdoors litter receptacles and disposal service for their contents shall also provide receptacles for designated recyclable materials, for those materials commonly deposited, in the location of the litter receptacle, and shall provide for separate recycling service for their contents. Receptacles for commingled materials must be dumpster type that can be lifted by garbage truck.

C. Annually, every business, institution, or industrial facility shall report to the municipal Recycling Coordinator the recycling activities undertaken at their premises, including the amount of recycled material, by material type, collected and recycled and the vendor or vendors providing recycling service. The forms to be used will be provided by the municipal recycling coordinator.

D. All food service establishments, as defined in the Health Code, shall, in addition to compliance with all other recycling requirements, be required to recycle grease and/or cooking oil created in the processing of food or food products, and maintain such records as may be prescribed, for inspection by any code enforcement officer.

New Developments of Multi-Family Residential Units or Commercial, Institutional, or Industrial Properties

A. Any application to the planning board of the municipality of Oxford Township, for subdivision or site plan approval for the construction of multi-family dwellings of three or more units or any commercial, institutional, or industrial development for the utilization of 1 acre of land, must include a recycling plan. This plan must contain, at a minimum, the following:

1) Locations documented on the application’s site plan that provide for convenient recycling opportunities for all owners, tenants, and occupants. The recycling area shall be of sufficient size, convenient location and contain other attributes (signage, lighting, fencing, etc.) as may be determined by the municipal recycling coordinator.

2) Provisions shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the municipal engineer.


B. Prior to the issuance of a Certificate of Occupancy by the municipality of Oxford Township, the owner of any new multi-family housing or commercial, institutional, or industrial development must supply a copy of a duly executed contract with a hauling company for the purposes of collection and recycling of source-separated recyclable materials, in those instances where the municipality does not otherwise provide this service.

Prohibition of the Collection of Waste Mixed with Recyclable Materials

A. It shall be unlawful for solid waste collectors to collect solid waste that is mixed with, or contains visible signs of, designated recyclable materials. It is also unlawful for solid waste collectors to remove for disposal those bags or containers of solid waste, which visibly display a warning, notice sticker or some other device indicating that the load of solid waste contains designated recyclable materials.

B. It shall be the responsibility of the resident or occupant to properly segregate the uncollected waste for proper disposal or recycling. Allowing such unseparated solid waste and recyclables to accumulate will be considered a violation of this article and the local sanitary code.

C. Once placed in the location identified by this Ordinance, or any rules or regulations promulgated pursuant to this Ordinance, no person, other than those authorized by the municipality, shall tamper with, collect, remove, or otherwise handle designated recyclable materials.

Enforcement

The municipal Board of Health, the Recycling Coordinator, the Oxford Township Police Department, are hereby individually and severally empowered to enforce the provisions of this Ordinance. An inspection may consist of sorting through containers and opening of solid waste bags to detect, by sound or sight, the presence of any recyclable material.

Violations and Penalties

Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this Ordinance or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine not less than $50, nor more than $100, and sentenced to up to 90 hours of community service. Each day for which a violation of this Ordinance occurs shall be considered a separate offence.

Fines levied and collected pursuant to the provisions of this Ordinance shall be immediately deposited into the Municipal Recycling Trust Fund (or equivalent). Monies in the Municipal Recycling Trust Fund shall be used for the expenses of the municipal recycling program including enforcement and education.

Severability, Effective Date

Section 1:
In the event that it is determined, by a Court of competent jurisdiction, that any provision or section of this Ordinance is unconstitutional, all other sections and provisions shall remain in effect. This Ordinance shall take effect immediately, unless otherwise provided by Resolution of the governing body.

Section 2:
Repealer. Any ordinances or parts thereof in conflict with the provisions of this Ordinance are hereby repealed as to their inconsistencies only.
Section 3:
Effective Date. This Ordinance shall take effect upon final passage and publication as provided by law.
NOTICE
NOTICE is hereby given that the foregoing Ordinance was introduced to pass on first reading at a regular meeting of the Committee of the Township of Oxford held on October 15, 2008, and ordered published in accordance with the law. Said Ordinance will be considered for final reading and adoption at a regular meeting of the Township Committee to be held on November 5, 2008 at 6:00 PM or as soon thereafter as the Township Committee may hear this Ordinance at the Municipal Building, 11 Green Street, Oxford, New Jersey, at which time all persons interested may appear for or against the passage of said Ordinance.


On motion by Mr. Bray, seconded by Mr. Accetturo and passed unanimously on roll call vote to introduce on first reading, Ordinance 2008-08 Recycling.


Ordinance 2008-15 Raising Dog Licenses Fee was opened for public comment. There was a discussion on licensing cats, and at this time the Committee voted not to license cats. Joan Mulligan asked about having a dog census in the township-which the Animal Control Officer conducted this year. Public comment was closed.

On motion by Mr. Accetturo, seconded by Mrs. Riley and passed unanimously on roll call vote to adopt Ordinance 2008-15 Raising Dog Fee Licensing on second reading.

On motion by Mr. Bray, seconded by Mr. Accetturo and passed unanimously on roll call vote to approve the Oxford Volunteer Fire Company’s Casino Night to be held on November 22, 2008 and a Oxford Township’s Ladies Auxiliary 50/50 Raffle to be held on November 29, 2008.


ORDINANCE 2008-17


AN ORDINANCE OF THE TOWNSHIP OF OXFORD, COUNTY OF WARREN, STATE OF NEW JERSEY TO VACATE AN ALLEY NOT NEEDED FOR A PUBLIC PURPOSE


WHEREAS, it appears that the Municipal Engineer of the Township of Oxford has reviewed the proposed vacation and finds that same are consistent with the public interest, and that it is in the best interest of the municipality; and

WHEREAS, it appears that the interests of the public will be served by this vacation, since the vacation will lead to the improvement of the property in the surrounding areas without any detriment to the interests of the public.

NOW THEREFORE, BE IT ORDAINED, by the Mayor and Committee of the Township of Oxford, County of Warren and State of new Jersey, as follows:

Section 1:

The following described lands are hereby vacated and all the public rights, interests and title arising from the dedication or shown on any map filed or otherwise or any reference to same in any deed or instrument, recorded or otherwise, are hereby vacated, relinquished and extinguished. Those lands constituting of the following are hereby vacated and described as follows:

Beginning on the northerly sideline of Zulauf Lane (41.5 feet wide) at its intersection with an unnamed 12-foot wide alley. Said point being also located at the southwest corner of Block 24, Lot 63 as shown on the tax map of the Township of Oxford, Warren County, New Jersey, and running thence; (1) Along the northerly sideline of Zulauf Lane, 25 feet from and parallel from the centerline of Zulauf Lane, to a point in the line of Block 24, Lot 70, thence; (2) Along the southerly sideline of said unnamed alley and along the line of Block 24, Lot 70 to a point and corner of said alley, thence: (3) Along the northerly sideline of said alley and along the line of Block 24, Lot 70 to a point in the line of Block 24, Lot 63, thence; (4) Along the easterly sideline of said unnamed alley and the line of Block 24, Lot 63 to the point and place of beginning.

Section 2:

Severability. The various parts, sections and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.


Section 3:

Repealer. Any ordinance or parts thereof in conflict with the provisions of this Ordinance are hereby repealed as to their inconsistencies only.

Section 4:

Effective Date. This Ordinance shall take effect upon final passage and publication as provided by law.



NOTICE

NOTICE is hereby given that the foregoing Ordinance was introduced to pass on first reading at a regular meeting of the committee of the Township of Oxford held on October 15, 2008, and ordered published in accordance with the law. Said Ordinance will be considered for final reading and adoption at a regular meeting of the Township Committee to be held on November 5, 2008 at 6:00 PM or as soon thereafter as the Township Committee may hear this Ordinance at the Municipal Building, 11 Green Street, Oxford, New Jersey, at which time all persons interested may appear for or against the passage of said Ordinance.



On motion by Mr. Accetturo, seconded by Mr. ray and passed unanimously on roll call vote to introduce in first reading Ordinance 2008-17 To Vacate an Alley Not Needed For A Public Purpose.




ORDINANCE 2008-18

AN ORDINANCE OF THE TOWNSHIP OF OXFORD, COUNTY OF WARREN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 91, SECTION 91-30 TO CREATE A NEW SECTION 91-51 TO PLACE LIMITATIONS ON PARKING TRAILERS WITHIN THE TOWNSHIP.

WHEREAS, the Township of Oxford believes it is in the best interest of the residents to restrict the parking of trailers on public roadways in certain instances and finds that same is consistent with the public interest;

NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Committee of the Township of Oxford, County of Warren and State of New Jersey, as follows:

Section 1:

§ 91-51 shall read as follows:

TRAILERS
INDEX
Section
1. Definition of Trailer.
2. Definition of Transport Trailer
3. Unlawful to Park Trailer or Transport Trailer Within Town Limits.
4. Emergency or Temporary Parking.
5. Loading or Unloading of Transport Trailers
6. Parking of Unoccupied Trailers.
7. Rules Governing Parking.
8. Violations.
9. No Applicable to Trailer Parks.

1 Definition of Trailer:
A Trailer is hereby defined to be any vehicle used or intended to be used as a conveyance upon the public streets or highways or duly licensed as such, and shall include self-propelled and non self-propelled vehicles so designated, constructed and reconstructed or added to by means of accessories in such a manner as to permit the occupancy thereof as a temporary dwelling or sleeping place for one (1) or more persons and having no foundation other than wheels, jacks or skirting so arranged as to be integral with or portable by said trailer.

2 Definition of Transport Trailer:
A Transport trailer is hereby defined to be any vehicle used or intended to be used to transport or store boats, jet skies, snow mobiles, all-terrain vehicles, construction equipment or materials or any other objects or material on a frame or platform that is subsequently towed behind any automobile or moved under its own power.

3 Unlawful to Park Trailer and or Transport Trailer Within Town Limits.
It shall be unlawful within the limits of the Township for any person to park any trailer on any street, road, avenue or highway or other public place or tract of land owned by any person occupied or unoccupied, except as provided in this Chapter. It shall be unlawful within the limits of the Township for any person to park any transport trailer on any street. unless they are actively engaged in the loading or unloading of material or vehicles from the trailer.

4 Emergency or Temporary Parking of Trailers.
Emergency or temporary stopping or parking of trailers is permitted on any street, avenue, road or highway for up to three (3) days every, but no trailer thus parked may be used as a dwelling place, abode or sleeping place.

5 Loading or Unloading Parking of Transport Trailers.
Loading and unloading parking of transport trailers is permitted on any street, avenue, road or highway for up to one hour.

6 Parking of Unoccupied Trailers.
Unoccupied trailers may be parked in a driveway or in a rear yard, provided that no living quarters are maintained within such trailers while so parked, nor shall any permit be required or fee to be charged for parking.

7 Rules Governing Parking.
It shall be unlawful to park any trailer in such a manner that it cannot be readily moved.

It shall be unlawful to park any trailer upon a permanent foundation.

8 Violations.
Any person who shall violate any provisions of this Chapter shall, upon conviction thereof, be punished by a fine not exceeding One Hundred ($100.00) Dollars, or up 90 hours of community service, or both. Every day such violation exists shall constitute a separate offense and be punishable as such hereunder.

9 Not Applicable to Trailer Parks.
Nothing in this Chapter shall refer to trailers used, placed or parked in duly licensed Trailer Parks within the Town in accordance with the Trailer Park Article.

Section 2:

Severability. The various parts, sections and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder off this Ordinance shall not be affected thereby.

Section 3:

Repealer. Any ordinances or parts thereof in conflict with the provisions of this Ordinance are hereby repealed as to their inconsistencies only.

Section 4:

Effective Date. This Ordinance shall take effect upon final passage and publication as provided by law.

NOTICE
NOTICE is hereby given that the foregoing Ordinance was introduced to pass on first reading at a regular meeting of the Committee of the Township of Oxford held on October 15, 2008, and ordered published in accordance with the law. Said Ordinance will be considered for final reading and adoption at a regular meeting of the Township Committee to be held on November 05, 2008 at 6 PM. or as soon thereafter as the Township Committee may hear this Ordinance at the Municipal Building, 11 Green Street, Oxford, New Jersey, at which time all persons interested may appear for or against the passage of said Ordinance.


On motion by Mr. Accetturo and seconded by Mr. Bray to introduce at first reading Ordinance 2008-18 Limitations on Parking Trailers Within the Township. Mrs. Riley voted No.


ENGINEER’S REPORT

Mr. Finelli informed the Committee that he received final approval from the State of NJ relative to inspection of the dam at the Oxford Furnace Lake. He said next year that NJDEP would be requiring a more through inspection of the dam. Mr. Finelli has received one price quote from one consultant thus far in the amount of $8,000.00 and his suggestion would be to budget approxiately$10,000.00 in the 2009 Budget for this inspection.

Mr. Finelli stated as a reminder to the Committee that July 2009 is the deadline for the Wastewater Management Plan and a December 31, 2008 deadline to put together a Housing Element Fair Share Plan for third round COAH.

ATTORNEY REPORT

Mr. Lavery said he has one matter for Executive Session in regard to PERC.

Mr. Bray said that there is good news from the Spill Fund. They have agreed to pay for all the costs related to service tap connections for the homes impacted by the arsenic contamination that are currently adjacent to water lines which would be for homeowners on Pequest Road.

PUBLIC COMMENT:

On October 29, 2008 at 11:00 AM in the Oxford Municipal Building, there will be a public hearing in regard to Oxwall at 50 Wall Street. Mr. Finelli sent a letter to Stuart Kellner and his attorney Mr. DeLaney via certified mail, regular mail, and by fax notifying them of the hearing.

There was a discussion in regards to Ordinance 2008-18 Trailer Parking that was introduced at tonight’s meeting. Mrs. Riley stated that she has had more phone calls from residents against the ordinance than residents in favor of the ordinance.

Diane Hooper asked exactly what is the purpose of the hearing is for on October 29th, what the Township will get out of it and what happens next. Mr. Lavery replied that the hearing will follow what the ordinance states, asks the property owner to either fix up the property, or the Township will clean it up and lien the property for the cost of clean up.
Ms. Hooper thanked the Committee for going through all this to remedy this situation.

Mrs. Spinks asked where the Committee stands in reference to State Police coverage. Mrs. Riley stated that hopefully by the next meeting, the Committee would have information clarifying one way or another if Oxford will have to pay the State Police bill.
Mrs. Riley said that if Oxford does not have to pay, this gives the Committee more time to investigate how to save the township money either by a merger, hiring more Oxford Police officers or by changing police coverage.

End of Public Comment at 7:15 PM.



EXECUTIVE SESSION

WHEREAS, Section 8 of the Open Public Meeting Act, Chapter 231, P.L. 1975, permits the exclusion of the public from a meeting in certain circumstances, and

WHEREAS, this public body is of the opinion that such circumstances presently exist.

1. The public shall be excluded from the discussion of any action upon the hereinafter-specific subject matter.

2. The general nature of the subject matter to be discussed is: a letter received from the International Brothers of Teamsters Local #469
3. It is anticipated at this time that the above stated subject matter will be made public at the conclusion of the litigation. The motion carried with the following roll call vote.


On motion by Mrs. Riley, seconded by Mr. Bray and passed unanimously on roll call vote to enter into Executive Session at 7:15 PM.

Entered into Regular session at 8:04 PM. No Official Action was taken.

Mrs. Riley stated that there would be a tour and public presentation of the Oxford Central School on November 10, 2008. There will be a special election held on December 9, 2008 to vote on a special bond referendum for 1.3 million for repairs to be completed at the school.

On motion by Mr. Bray, seconded by Mr. Accetturo and passed unanimously on roll call vote to approve all the bills, listed on the Bill List.

On motion by Mr. Accetturo, seconded by Mr. Bray and passed unanimously on roll call vote to adjourn the meeting at 8:15 PM.


_______________________
Sheila L. Oberly, RMC
 
 
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