City
of hobart
AGENDA
Community, Culture and Events Committee Meeting
Open Portion
Thursday, 30 June 2022
at 5.30 pm
Council Chamber, Town Hall
Working together to make Hobart a better place for the community.
THE VALUES
The Council is:
People |
We care about people – our community, our customers and colleagues. |
Teamwork |
We collaborate both within the organisation and with external stakeholders drawing on skills and expertise for the benefit of our community. |
Focus and Direction |
We have clear goals and plans to achieve sustainable social, environmental and economic outcomes for the Hobart community. |
Creativity and Innovation |
We embrace new approaches and continuously improve to achieve better outcomes for our community. |
Accountability |
We are transparent, work to high ethical and professional standards and are accountable for delivering outcomes for our community. |
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Business listed on the agenda is to be conducted in the order in which it is set out, unless the committee by simple majority determines otherwise.
APOLOGIES AND LEAVE OF ABSENCE
1. Co-Option of a Committee Member in the event of a vacancy
3. Consideration of Supplementary Items
4. Indications of Pecuniary and Conflicts of Interest
6.1 Salamanca Market By-Law No.1 of 2022
6.2 Speaker's Corner - 6 Month Trial
6.3 Request for Financial Delegation for Annual Grants ($20,000 and Over)
7. Committee Action Status Report
7.1 Committee Actions - Status Report
9. Closed Portion Of The Meeting
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Community, Culture and Events Committee Meeting (Open Portion) held Thursday, 30 June 2022 at 5.30 pm in the Council Chamber, Town Hall.
This meeting of the Community Culture and Events Committee is held in accordance with a Notice issued by the Premier on 31 March 2022 under section 18 of the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020.
The title Chief Executive Officer is a term of reference for the General Manager as appointed by Council pursuant s.61 of the Local Government Act 1993 (Tas).
COMMITTEE MEMBERS Councillor Dr Z Sherlock (Chairman) Alderman Dr P T Sexton Councillor W F Harvey Councillor M Dutta Councillor J Fox
NON-MEMBERS Lord Mayor Councillor A M Reynolds Deputy Lord Mayor Councillor H Burnet Alderman M Zucco Alderman J R Briscoe Alderman D C Thomas Alderman S Behrakis Councillor W Coats
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Apologies:
Leave of Absence: Nil.
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The minutes of the Open Portion of the Community, Culture and Events Committee meeting held on Thursday, 5 May 2022, are submitted for confirming as an accurate record.
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Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.
That the Committee resolve to deal with any supplementary items not appearing on the agenda, as reported by the Chief Executive Officer.
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Ref: Part 2, Regulation 8(7) of the Local Government (Meeting Procedures) Regulations 2015.
Members of the Committee are requested to indicate where they may have any pecuniary or conflict of interest in respect to any matter appearing on the agenda, or any supplementary item to the agenda, which the Committee has resolved to deal with.
Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015.
A Committee may close a part of a meeting to the public where a matter to be discussed falls within 15(2) of the above regulations.
In the event that the Committee transfer an item to the closed portion, the reasons for doing so should be stated.
Are there any items which should be transferred from this agenda to the closed portion of the agenda, or from the closed to the open portion of the agenda?
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6.1 Salamanca Market By-Law No.1 of 2022
Report of the Senior Commercial Advisor Salamanca Market and the Director City Futures of 20 June 2022 and attachments.
Delegation: Council
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REPORT TITLE: Salamanca Market By-Law No.1 of 2022
REPORT PROVIDED BY: Senior Commercial Advisor Salamanca Market
Director City Futures
1. Report Purpose and Community Benefit
1.1. The purpose of this report is to present submissions received as a result of the statutory consultation for the Salamanca Market By-Law No. 1 of 2022.
2. Report Summary
2.1. The current Salamanca Market By-Law No. 1 of 2010 expired on 26 May 2020.
2.2. The new Salamanca Market By-Law No. 1 of 2022 (Attachment A) has been drafted and considered by the Council on 11 April 2022.
2.3. At that meeting the Council provided delegation to advertise the public consultation process.
2.4. A public consultation period inviting submissions commenced on Wednesday, 20 April 2022 and concluded on Tuesday, 17 May 2022.
2.5. One submission was received during the public consultation period (Attachment B).
2.6. The City’s Legal Officer has reviewed the submission and has advised that the content raised in the submission are operational matters which has no relevance to the Salamanca Market By-Law No. 1 of 2022.
2.7. As a result of this advice, no changes to the draft by-law have been made.
That the Council delegate authority to the Chief Executive Officer to take the remaining necessary steps to create the Salamanca Market By-Law No. 1 of 2022 marked as Attachment A to this report.
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4. Background
4.1. The current Salamanca Market By-Law No. 1 of 2010 expired on 26 May 2020 and city officers have been working closely with the Director of Local Government and Simmons Wolfhagen to renew the by-law.
4.2. The Director of Local Government issued a Certificate of Compliance dated 9 February 2022 and instructed the City to undertake a statutory consultation period.
4.3. The new Salamanca Market By-Law No. 1 of 2022 (Attachment A) has been drafted and considered by the Council on 11 April 2022.
4.4. At that meeting the Council provided delegation to the CEO to advertise the public consultation process.
4.5. The public consultation commenced on Wednesday 20 April 2022 and concluded on Tuesday 17 May 2022.
4.6. The by-law was made available for public comment through the City’s engagement platform ‘Your Say’ and this was circulated to all Salamanca Market stallholders and other key stakeholders.
4.7. An advertisement was placed in the Mercury newspaper on Wednesday 20 April 2022 and a copy of the by-law was made available for inspection at the Council’s Customer Service Centre during business hours during the consultation period.
5. Proposal and Implementation
5.1. One submission was received during the public consultation period (Attachment B).
5.2. The City’s Legal Officer has reviewed the submission and has advised that the content raised in the submission are operational matters which has no relevance to the Salamanca Market By-Law No. 1 of 2022.
5.3. In considering this advice, no changes to the draft by-law have been made.
5.4. The matters raised in the received submission will be considered in the operational planning of security at Salamanca Market and the ongoing efforts in this space.
6. Strategic Planning and Policy Considerations
6.1. The by-law is compatible with the Capital City Strategic Plan 2019-2029:
3.1.5 Support and deliver events, festivals and markets.
8.1.1 Practise integrity, accountability, strong ethics and transparency in the City’s governance, policymaking and operations.
7. Financial Implications
7.1. Funding Source and Impact on Current Year Operating Result
7.1.1. Not applicable
7.2. Impact on Future Years’ Financial Result
7.2.1. Infringements permitted under the Salamanca Market By-Law No. 1 of 2022 is budgeted for $4160.00 in 2022-2023.
7.3. Asset Related Implications
7.3.1. Not applicable
8. Legal, Risk and Legislative Considerations
8.1. The Council has the power to create by-laws under Section 145 of the Local Government Act 1993 (‘the Act’).
9. Community and Stakeholder Engagement
9.1. The City has completed the mandatory public consultation period utilising the Your Say platform, an advertisement in The Mercury and a copy of the by-law being available for inspection at the Council’s Customer Service Centre.
9.2. The Legal Officer has reviewed the submission and provided advice.
10. Delegation
10.1. The Council has delegation in this matter.
As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.
Taryn Townsend Senior Commercial Advisor Salamanca Market |
Katy Cooper Director City Futures |
Date: 20 June 2022
File Reference: F22/46521; S33-060-02/38
Attachment a: Draft
Salamanca Market By-Law No. 1 of 2022 ⇩
Attachment
b: Submission
received addressing the draft Salamanca Market By-Law No.1 of 2022 ⇩
Item No. 6.1 |
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6.2 Speaker's Corner - 6 Month Trial
Report of the Senior Advisor Activations, Events and Grants and the Director City Futures of 20 June 2022.
Delegation: Council
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REPORT TITLE: Speaker's Corner - 6 Month Trial
REPORT PROVIDED BY: Director City Futures
Senior Advisor Activations, Events and Grants
Report Purpose and Community Benefit
1.1. The purpose of this report is to present the Council with a summary of the findings from the Speakers’ Corner 6-month trial.
1.2. This report seeks approval from the Council for an ongoing Speakers’ Corner program. The program aims to activate the City and bring social, cultural and economic benefits for the community.
1.3. The community will benefit from increased opportunities for speech and creative expression with the aim to create more activated, vibrant and appealing public spaces throughout Hobart.
2. Report Summary
2.1. The Speakers’ Corner 6-month trial commenced on 26 April 2021 and concluded on 31 October 2021 and aimed to expand opportunities for speech and creative expression throughout Hobart.
2.2. Prior to the Speakers’ Corner 6-month trial there was only one location for public speaking in Hobart in the Elizabeth Street Mall.
2.3. The redevelopment of Salamanca Place including the new plaza provided the opportunity for new activation sites in the city and was identified as an additional site to refresh the Speakers’ Corner program.
2.4. New terms and conditions for the Speakers’ Corner permit were developed and drafted in consultation with internal stakeholders, reviewed by Equal Opportunity Tasmania and reviewed and edited by Patrick Lunn from Simmons Wolfhagen Lawyers.
2.5. Feedback and comments were collected throughout the trial via a dedicated YourSay page.
2.5.1. 85.8 per cent of YourSay respondents (14 respondents) either neutral or happy about the expanded Speakers’ Corner trial.
2.5.2. Most respondents were positive about the opportunity Speakers’ Corner offered for the city. Issues that arose were around the cost to implement the new site and poor promotion of the trial program.
2.6. The City’s Activations and Events team programmed Speakers’ Corner on the Out in the Open program under the banner #Hobartspeaks every Wednesday from 23 February to 13 April 2022.
2.7. By actively programming and promoting Speakers’ Corner, officers were able to demonstrate that it could be an engaging platform for speech. Over time and adequate promotion, infrastructure and signage, the area could continue to work well as a site for free speech.
That: 1. The Council approve the ongoing Speakers’ Corner Program for the City of Hobart. 2. Based on the findings of the Speakers’ Corner trial of 26 April 2021 to 31 October 2021 and the observations of the use of the Salamanca Plaza site during the Out in the Open program between February and April 2022, the Chief Executive Officer finalise the terms and conditions and update to site signage for delivery of the ongoing program to commence by August 2022.
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4. Background
4.1. The Speakers’ Corner 6-month trial commenced on 26 April 2021 and concluded on 31 October 2021.
4.2. Prior to the 6-month trial, Elizabeth Street Mall had been the only site on Hobart City Council managed land available for public speaking in Hobart.
4.2.1. The City of Hobart has provided a Speakers’ Corner at this site for many years as part of its commitment to supporting free public speech within our community.
4.3. The redevelopment of Salamanca Place including the new plaza provided the opportunity for new activation sites in the city and was identified as an additional site to refresh the Speakers’ Corner program.
4.4. New terms and conditions for the Speakers’ Corner permit were developed and drafted in consultation with internal stakeholders, reviewed by Equal Opportunity Tasmania and reviewed and edited by Patrick Lunn from Simmons Wolfhagen Lawyers.
4.4.1. Clause 83 of the Public Spaces By-law allows a permit to be issued for this activity and under Part 7 (Permits) of the by-law the General Manger can determine the terms and conditions of any permit issued.
4.4.2. The General Manager approved the terms and conditions of the permit in February 2021.
4.5. New signage for the site was also planned using a repurposed city wayfinding signage structure and a new logo design.
4.5.1. A development application for installation of the signage was lodged and approved in April 2021.
4.6. The 6-month trial was launched by performance poet Young Dawkins, Lord Mayor Anna Reynolds and Councillor Dr Zelinda Sherlock on 27 April 2021.
Community Engagement
4.7. A dedicated YourSay page that included a feedback form was open for the trial.
4.8. 85.8 per cent of YourSay respondents (14 respondents) either neutral or happy about the expanded Speakers’ Corner trial.
4.9. Six (6) responses supported the program commenting that it offered a great opportunity for public speaking, adding vibrancy and enabled people to be heard.
4.10. One other commented that it was a waste of resources and another that the site is poorly promoted or recognised unless there is good interpretation on site.
Out in the Open Program
4.11. The City’s Activations and Events team programmed Speakers’ Corner on the Out in the Open program under the banner #Hobartspeaks every Wednesday from 23 February to 13 April 2022.
4.11.1. Most speakers were programmed at lunchtime between 12pm and 1pm for half an hour except for two (2) that were programmed between 4.45pm and 5.30pm. The lunchtime slot worked better at that time of year and attracted more audience and passers-by. Perhaps in high summer late afternoon slots may be better.
4.11.2. This program as part of Out in the Open abided by all of the terms and conditions with one exception: the time of the presentation. The times above were outside of the guideline limits of between 10am and 12pm.
4.11.3. The 30-minute time limit, as it is in the Speakers’ Corner trial terms and conditions, works well. It makes for an energetic and expeditious presentation.
4.11.4. The range of speakers and their experience of public speaking worked well; topics included social issues, environment, science, humanity and ethics.
4.11.5. Although the majority of the programmed speakers are academically trained, they are all adept at public communication. Speakers included: Tamas, Shasta Henry, Mamma Rosa, Zoe Kean, Nadia Azizabadi, Ian Johnston, Rebecca Lyons and Ari Moore.
4.11.6. The guidelines specify that speakers cannot use the area on Saturdays. Unanimously, and without being asked, every speaker asked to be programmed on the Saturday. Programming speakers as part of Salamanca Market could be explored with the market team in the future.
4.11.7. The most significant addition to Speakers’ Corner during the program that attracted people to stop was a small raised platform on which the speaker stood to address the people. Speaking from a platform immediately elevates not only the person speaking, but also the projection of their voice above passers-by and, perhaps most importantly, adds a gravitas and the iconic ‘Speaker’s Corner’ image to the scene.
4.11.8. By actively programming and promoting Speakers’ Corner officers were able to demonstrate that it could be an engaging platform for speech. With time and adequate promotion, infrastructure and signage, the area could continue to work well as a site for free speech.
5. Proposal and Implementation
5.1. In response to the feedback received from the trial and observations collated from actively programming Speakers’ Corner as part of the City’s Out in the Open Program it is proposed that the ongoing City of Hobart Speakers’ Corner program be implemented with some adjustments to:
· The trial program time of operation at the Salamanca Plaza site be extended from 10am – 12pm to 8.30am – 5.30pm to allow for lunchtime and after work presentations. Activation and Events officers will also work with Salamanca Market officers to test and refine its occasional integration into the market.
· The signage be updated, using the same infrastructure with new, more attractive design and a small, safe platform integrated into both sides of the existing sign be explored.
5.2. If Speaker’s Corner is to remain a feature in the City of Hobart, that Council officers program, pay and promote one speaker at least once per month over the November to March period as part of the City’s annual activations program.
5.3. It is proposed that the remaining terms and conditions of the Speakers’ Corner program would remain the same as they were for the trial.
6. Strategic Planning and Policy Considerations
6.1. This report is consistent with the City of Hobart Capital City Strategic Plan 2019-29, specifically:
1.1.2 Create opportunities for people to connect to place, supporting spiritual and cultural customs and practices.
1.3.3 Measure, manage and support the effective use of city facilities, infrastructure and open spaces.
2.3.1 Provide and progressively enhance a range of quality places and facilities where people can enjoy education, recreation, socialising, healthy living and other activities and events.
2.4.6 Deliver and support initiatives, activities and programs that build community resilience, wellbeing and safety.
3.1.1 Support Hobart’s continued evolution as a creative and culturally engaging capital city, with a focus on community, accessibility and creative potential.
3.2.1 Use the creative arts as a platform for encouraging participation in public life and raising awareness of important issues.
3.3.1 Provide opportunities for diverse creative practitioners to develop meaningful experiences for residents and visitors.
3.3.3 Provide creative practitioners with guidance on the City’s regulatory and administrative requirements.
3.3.6 Provide affordable and accessible opportunities for community members to engage in arts and culture.
3.4.1 Support the activation of City-owned spaces for creative, cultural and commercial developments.
3.4.2 Activate streets, car parks, and heritage spaces for public art, performances, events and festivals
7. Financial Implications
7.1. Funding Source and Impact on Current Year Operating Result
7.1.1. Not applicable.
7.2. Impact on Future Years’ Financial Result
7.2.1. Not applicable.
7.3. Asset Related Implications
7.3.1. Nil identified at this time.
8. Legal, Risk and Legislative Considerations
8.1. The Speakers’ Corner permit terms and conditions have been developed to comply with the Public Spaces By-law 2018.
8.2. In accordance with the City’s risk management policy, officers from the Activation Programs and Tourism Unit work closely with the City’s Principal Advisor Risk and Audit to identify, treat and monitor any risks associated with the new Speakers’ Corner site.
9. Environmental Considerations
9.1. Events or activities that the City of Hobart supports are required to support the objectives of the City of Hobart Waste Management Strategy 2015-30. In particular, applicants must outline their commitment to sustainable events, certified compostable food packaging and reducing waste to landfill.
10. Social and Customer Considerations
10.1. The community will benefit from increased opportunities for speech and creative expression with the aim to create more vibrant and appealing public spaces throughout Hobart.
11. Marketing and Media
11.1. A communications plan will be developed to promote the ongoing Speakers’ Corner program.
12. Community and Stakeholder Engagement
12.1. The community engagement plan included the following methods:
· dedicated YourSay Hobart page that was opened for the trial between April 2021 and October 2021,
12.2. Officers consulted internally with the Manager Activation Programs and Tourism, Manager Development Compliance, City Inspector, Manager Legal and Governance, Legal Officer, Principal Advisor Risk and Audit, Principal Advisor Customer Relations, Executive Manager City Place Making, Senior Customer Service Officer, Senior Corporate Application Administrator, Senior Advisor Community Engagement, and Community Engagement Officer.
12.3. Officers consulted externally with some previously permitted speakers.
13. Delegation
13.1. This is a matter for the Council’s determination.
As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.
Katy Cooper Director City Futures |
Louisa Gordon Senior Advisor Activations, Events and Grants |
Date: 20 June 2022
File Reference: F22/56706; 21/27
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6.3 Request for Financial Delegation for Annual Grants ($20,000 and Over)
Memorandum of the Community Development Officer - Grants and the Head of Intergovernmental Relations and Partnerships of 14 June 2022.
Delegation: Council
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Memorandum: Community, Culture and Events Committee
Request for Financial Delegation for Annual Grants ($20,000 and Over)
In light of the upcoming Local Government election and in the interest of good governance, this memorandum requests the Council delegate authority to the Chief Executive Officer (CEO) to approve the panel’s recommendation for the annual grants that can award over $20,000:
· Creative Hobart Major Cultural Organisation Grant -
o Applications Request of $10,000 and Above
· Event Partnership Grant -
o Application Requests of $20,000 and Above
The request for financial delegation to the CEO follows precedence that was sought and approved in the lead up to the Council election in 2018.
On an annual basis, the grant recommendations would ordinarily be submitted to the Community, Culture and Events Committee for consideration followed by the Council for approval in September.
This year, the panel’s recommendations will be ready for consideration in September and are time sensitive to the applicants. Given the proximity to the October election, we are proactively seeking the CEO delegation to ensure the process does not impinge on the campaign period leading up to the commencement of the election.
The annual grant round is conducted as per the Grants Program Policy (Policy), and includes the two aforementioned grants as well as the Community Christmas Carols and Urban Sustainability grants which are approved by the CEO.
All assessment panel processes will be completed as per the Policy and the assessment report prepared to the satisfaction of Council officers and external assessors involved in the process.
The CEO will receive all assessment reports and recommendations from the respective assessment panels and be delegated authority for approval.
Once grants have been approved by the CEO, Elected Members will be provided with the detailed information pertaining to the grant applications prior to the information being made public.
That: 1. In light of upcoming Local Government elections and in the interests of good governance at this time, it is recommended that pursuant to Section 22 of the Local Government Act, the Council delegate authority to the CEO to approve the recommendations of two assessment panels for the annual grants for Creative Hobart Major Cultural Organisations and Event Partnerships to levels as provided in the 2022-2023 Annual Plan. 2. This matter be considered by Council.
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As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.
Toban Harris Community Development Officer - Grants |
Kat Panjari Head of Intergovernmental Relations and Partnerships |
Date: 14 June 2022
File Reference: F22/56931; 21/48
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A report indicating the status of current decisions is attached for the information of Elected Members.
REcommendation
That the information be received and noted.
Delegation: Committee
Attachment a: Community, Culture and Events Committee - Open Status Report
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Section 29 of the Local Government (Meeting Procedures) Regulations 2015.
File Ref: 13-1-10
An Elected Member may ask a question without notice of the Chairman, another Elected Member, the Chief Executive Officer or the Chief Executive Officer’s representative, in line with the following procedures:
1. The Chairman will refuse to accept a question without notice if it does not relate to the Terms of Reference of the Council committee at which it is asked.
2. In putting a question without notice, an Elected Member must not:
(i) offer an argument or opinion; or
(ii) draw any inferences or make any imputations – except so far as may be necessary to explain the question.
3. The Chairman must not permit any debate of a question without notice or its answer.
4. The Chairman, Elected Members, Chief Executive Officer or Chief Executive Officer’s representative who is asked a question may decline to answer the question, if in the opinion of the respondent it is considered inappropriate due to its being unclear, insulting or improper.
5. The Chairman may require a question to be put in writing.
6. Where a question without notice is asked and answered at a meeting, both the question and the response will be recorded in the minutes of that meeting.
7. Where a response is not able to be provided at the meeting, the question will be taken on notice and
(i) the minutes of the meeting at which the question is asked will record the question and the fact that it has been taken on notice.
(ii) a written response will be provided to all Elected Members, at the appropriate time.
(iii) upon the answer to the question being circulated to Elected Members, both the question and the answer will be listed on the agenda for the next available ordinary meeting of the committee at which it was asked, where it will be listed for noting purposes only.
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That the Committee resolve by majority that the meeting be closed to the public pursuant to regulation 15(1) of the Local Government (Meeting Procedures) Regulations 2015 because the items included on the closed agenda contain the following matters:
· Confirm the minutes of the Closed portion of the meeting · Questions without notice in the Closed portion · Information provided to the Council on the condition that it is kept confidential.
The following items are listed for discussion:-
Item No. 1 Minutes of the last meeting of the Closed Portion of the Committee Meeting Item No. 2 Consideration of supplementary items to the agenda Item No. 3 Indications of pecuniary and conflicts of interest Item No. 4 Report Item No. 4.1 Taste of Summer Program Update LG(MP)R 15(2)(g) Item No. 5 Questions Without Notice
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