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Minutes

Ordinary Council Meeting

16 May 2016, 7:00pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.

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Ordinary Council 16 May 2016

Minutes

 

PRESENT: Councillor D. Hutchens (Chair), Councillor S. Bennison, Councillor K. Brent, Councillor D. Brooks-Horn , Councillor S. Cheong, Councillor M. Gold, Councillor D. Karpin, Councillor P. Palmer, and Councillor D. Strassberg.

 

ALSO PRESENT: General Manager, Executive Manager – Corporate Services, Executive Manager – Environmental Services, Executive Manager – Open Space & Urban Services, Executive Manager – Human Services, Director – Major Projects and Manager – Governance.

 

DECLARATIONS OF INTEREST: 

Councillor Bennison declared a pecuniary conflict of interest in relation to the Tender for the Appointment of a Consultant Quantity Surveyor for the Rosenthal Avenue Car Park Redevelopment Projectand thePurchase of Ausgrid Substation, Birdwood Lane, Rosenthal Car Park Redevelopment Works as he has purchased a unit across the street from the site in Birdwood Avenue.  He advised he would vacate the chamber and not debate or vote on the items.

 

Councillor Brooks-Horn declared a non pecuniary conflict of interest that is not significant in relation to the Tender for the Appointment of a Consultant Quantity Surveyor for the Rosenthal Avenue Car Park Redevelopment Projectand thePurchase of Ausgrid Substation, Birdwood Lane, Rosenthal Car Park Redevelopment Works  as he is a Board Member of the Lane Cove Club located across the street from the site.  He advised he would debate and vote on the items.

 

OPENING OF MEETING WITH PRAYER

The meeting was opened with a prayer by the General Manager.

 

ACKNOWLEDGEMENT OF COUNTRY

The Mayor gave an acknowledgement of Country.

 

WEBCASTING OF COUNCIL MEETING

The Mayor advised those present that the Meeting was being webcast.

 

Suspension of Standing Orders

76

RESOLVED on the motion of Councillors Hutchens and Brooks-Horn that Standing Orders be suspended to allow Council’s legal representative, Paul Hargrave, to address Council.

 

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 

Paul Hargrave provided a status update to Council on the NSW Civil and Administrative Tribunal (NCAT) proceedings scheduled for 18 May 2016 in relation to the Government Information Public Access (GIPA) Application lodged by Councillor Bennison with the Department of Premier and Cabinet for access to the KPMG “Outline of Financial Modelling Assumptions for Local Government Merger Proposals” Technical Paper.

 

SUSPENSION OF STANDING ORDERS

77

RESOLVED on the motion of Councillors Brooks-Horn and Bennison that Standing Orders be suspended and that members of the public who wish to address Council be allowed to do so for a maximum of three (3) minutes.

 

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 

PUBLIC FORUM

 

Rod Tudge of Lane Cove congratulating Council on the stand they have taken against forced amalgamation.

 

Susan Ingham of Longueville supporting Council’s position against forced amalgamation.

 

Tom Lawson of Greenwich expressing appreciation for the position taken by Council against forced amalgamation and supporting the pursuit of further legal action against the proposed merger.

 

Guy Hallowes of Lane Cove North, and on behalf of the Stringybark Creek Residents Association, congratulating Council on the stand they have taken against forced amalgamation and supporting the pursuit of any further legal action available against the proposed merger.

 

Doug Stuart of Longueville on behalf of RASAD supporting the pursuit of further legal action against any forced amalgamation.

 

Ron Gornall of Lane Cove on behalf of the Lane Cove Bushcare and Conservation Society supporting Council’s position to stand alone and encouraging Council to pursue further legal action to prevent the proposed merger.

 

Merri Southwood of Greenwich, and on behalf of the Greenwich Community Association, supporting Council’s position against forced amalgamation and supporting the pursuit of further legal action, independent from that of Hunters Hill Council, against the proposed merger.

 

Reg Mui of Lane Cove West on behalf of the Lane Cove West Residents Associations supporting Council’s position against forced amalgamation and any further action taken by Council to prevent the proposed merger.

 

John Dressler of Riverview on behalf of the Riverview Community Association expressing concerns in relation to the delegates report on the proposed amalgamation of Council and supporting the pursuit of further legal action, independent from that of Hunters Hill, against the proposed merger.

 

Alice Beauchamp of Lane Cove expressing concern with the proposed amalgamation of Council and supporting the pursuit of further independent legal action against the proposed merger.

 

Don Murchison of Greenwich expressing appreciation for the recent Leadership Award presented to him at the 2016 Citizenship Awards, supporting Council’s position against forced amalgamation and further legal action which may be available to prevent the proposed merger and seeking support from community members present at the meeting in relation to a potential community rally.

 

Phil Jenkyn of Hunters Hill supporting and congratulating Council’s position against forced amalgamation and providing Council with an update on the current legal action being undertaken by Hunters Hill against the proposed merger.

 

Frances Vissel of Lane Cove North supporting Council’s position against forced amalgamation and supporting the pursuit of further independent legal action against the proposed merger.

 

Maureen Martin of Lane Cove North requesting Council pursue Option 1 as discussed in the ‘Karilla Avenue Traffic Trial’ report.

 

Charles Verge of Lane Cove North requesting Council pursue Option 1 as discussed in the ‘Karilla Avenue Traffic Trial’ report and refer this proposed action to the Traffic Committee for further consideration.

 

Cr Bennison left the meeting at 8:24pm.

 

Katina Sweeting of Lane Cove North expressing safety concerns in relation to the current traffic arrangements in the Lane Cove North area and supporting the implementation of Option 1 as discussed in the ‘Karilla Avenue Traffic Trial’ report.

 

Ann Proudfoot of Lane Cove North expressing concerns in relation to pedestrian safety due to the current traffic arrangements in the Lane Cove North area and requesting the implementation of further pedestrian safety measures to increase walkability between Lane Cove North and the village centre.

 

Cr Brent left the meeting at 8:27pm.

 

Steve Chisholm of Lane Cove North supporting the implementation of Option 1 as discussed in the ‘Karilla Avenue Traffic Trial’ report.

 

Cr Bennison returned to the meeting at 8:29pm.

 

David Wilson of Lane Cove North objecting to the implementation of Option 1 as discussed in the ‘Karilla Avenue Traffic Trial’ report and suggesting an alternative solution being the restoration of additional capacity on Epping Road to discourage rat running through Lane Cove North.

 

Cr Brent returned to the meeting at 8:31pm.

 

Cr Brooks-Horn left the meeting at 8:34pm.

 

Gavin Bartier of Lane Cove North highlighting safety concerns in relation to traffic movements along Karilla Avenue and supporting the implementation of Option 1 as discussed in the ‘Karilla Avenue Traffic Trial’ report.

 

Cr Brooks-Horn returned to the meeting at 8:35pm.

 

Glenda McSorley on behalf of Lane Cove North Residents Association expressing safety concerns in relation to current traffic movements in the Lane Cove North area and supporting the immediate implementation of Option 1 as discussed in the ‘Karilla Avenue Traffic Trial’ report.

 

RESUMPTION OF STANDING ORDERS

78

RESOLVED on the motion of Councillors Bennison and Gold that Standing Orders be resumed.

 

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 

Procedural Motion

79

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that “Fit for the Future - Legal Action Initiated by NSW Councils” be brought forward and dealt with as the next item.

 

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 


 

Fit for the Future - Legal Action Initiated by NSW CouncIls

 

Motion

A Motion was moved by Councillors Bennison and Karpin that Council:-

1.   Receive and note the information;

2.   Write to the Hon. Fred Nile and express gratitude for presenting a Private Members Bill to the Legislative Council on Thursday, 12 May 2016;

3.   Schedule a workshop for this Thursday, 19 May 2016 to allow a briefing from Council’s legal representative in relation to the NCAT hearing scheduled for  Wednesday, 18 May 2016 and the consideration of other legal options resulting from the NCAT hearings and other councils pending legal actions;

4.   Give notice of an Extraordinary Meeting scheduled to be held Friday, 20 May 2016 to determine what course of action Council will take in view of the proposed mergers announced by the Minister for Local Government on Thursday, 12 May 2016; and

5.   Write to all the Federal candidates of the major parties including Senator Nick Xenophon, running in the State of NSW in the upcoming Federal election to seek their support for constitutional recognition of Local Government.

 

Foreshadowed Motion

A Foreshadowed Motion was moved by Councillors Palmer and Brent that Council:-

1.    Receive and note the report;

2.    Urgently bring appropriate proceedings in the Land & Environment Court;

3.    Undertake appropriate actions to restrain the Minister from implementing the Merger Proposal until Council’s actions in the Land & Environment Court have been concluded and until all matters arising from the NCAT appeal (led by Clr Bennison) have been determined and any matters arising have been fully dealt with; and

4.    Write to our local State and Federal Members of Parliament informing them of our actions.

80

Extension of Time

RESOLVED on the motion of Councillors Hutchens and Brooks-Horn that Councillor Bennison be granted an extension of time.

 

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

81

Upon being put to the meeting the motion was declared carried.

 

For the Motion were Crs Gold, Hutchens, Karpin, Bennison, Brooks-Horn and Cheong (Total 6).

Against the Motion were Crs Palmer, Brent and Strassberg (Total 3).

 

The Foreshadowed Motion lapsed.

 

Procedural Motion

82

RESOLVED on the motion of Councillors Strassberg and Brooks-Horn that “Karilla Avenue Traffic Trial” be brought forward and dealt with as the next item.

 

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

Notices of Motion

 

Karilla Avenue Traffic Trial

83

RESOLVED on the motion of Councillors Strassberg and Gold that Council:-

1.      Call an Extraordinary Meeting of the Lane Cove North Advisory Committee for Tuesday, 24 May 2016 to discuss all possible solutions and provide a formal position to Council, prior to referring the matter to the Traffic Committee; and

2.     Undertake another detailed traffic study in September 2016 so as to be able to compare the results of the trial.

 

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 26 APRIL 2016

84

RESOLVED on the motion of Councillors Brooks-Horn and Gold that the minutes of the Ordinary Council meeting held on the 26 April 2016 be received.

 

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

85

RESOLVED on the motion of Councillors Brooks-Horn and Gold  that the minutes of the Ordinary Council meeting held on the 26 April 2016 be confirmed.

 

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 

Mayoral Minutes

 

Proposed Special Resolution Regarding Amending the NSROC Constitution

86

RESOLVED on the motion of Councillor Hutchens that Council:-

1.   Endorse the proposed amendment to the Constitution of the Northern Sydney Regional Organisation of Councils and direct Lane Cove Council representatives on the NSROC Board to support this decision at the Extraordinary NSROC Board meeting to be held on 2 June 2016; and

2.   Appoint Councillor Deborah Hutchens and Councillor Scott Bennison as Council’s representatives on the NSROC Board should Clause 5 of the NSROC Constitution come into effect.

 

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 


 

Officer Reports for Determination

 

Cr Bennison left the meeting at 9:14pm.

 

Purchase of Ausgrid Substation, Birdwood Lane, Rosenthal Car Park Redevelopment Works

87

RESOLVED on the motion of Councillors Cheong and Gold that Council:-

1.   Purchase the Ausgrid Land being the Substation on Lot 1 in DP 182149, in Birdwood Lane, Lane Cove;

2.   Authorise the General Manager to negotiate with Ausgrid to reach agreement on the purchase price and finalise the sale transaction; and

3.   Authorise the Mayor and General Manager to affix the Common Seal to the sale contract documentation, as necessary.

 

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Brent, Brooks-Horn, Strassberg and Cheong (Total 8).

Against the Motion was Nil (Total 0).

Absent was Councillor Bennison (Total 1).

 

Procedural Motion

88

RESOLVED on the motion of Councillors Brooks-Horn and Gold that the “Tender for the Appointment of a Consultant Quantity Surveyor for the Rosenthal Avenue Car Park Redevelopment Project” be brought forward and dealt with as the next item.

 

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Brent, Brooks-Horn, Strassberg and Cheong (Total 8).

Against the Motion was Nil (Total 0).

Absent was Councillor Bennison (Total 1).

 

Tender for the Appointment of a Consultant Quantity Surveyor for the Rosenthal Avenue Car Park Redevelopment Project

89

RESOLVED on the motion of Councillors Palmer and Gold that:-

1.   The tender for the provision of external quantity surveying services for the Rosenthal Avenue car park redevelopment project be awarded to Rider Levett Bucknall Pty Ltd for an amount of $152,500 plus GST; and

2.   The General Manager is authorised to enter into a contract with Rider Levett Bucknall Pty Ltd.

 

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Brent, Brooks-Horn, Strassberg and Cheong (Total 8).

Against the Motion was Nil (Total 0).

Absent was Councillor Bennison (Total 1).

 

Cr Bennison returned to the meeting at 9:21pm.


 

Financial Assistance Grants to Community Groups 2016/2017

90

RESOLVED on the motion of Councillors Brooks-Horn and Brent that Council:-

1.   Allocate the following Financial Assistance Grants to Community Groups for 2016-2017:-

·         Centrehouse Inc

$67,017

·         Lane Cove Art Society

$9,000

·         Lane Cove Choristers

$2,300

·         Lane Cove Concert Band

$5,100

·         Lane Cove Music

$800

·         Lane Cove Theatre Co

$7,483

·         Lane Cove Youth Orchestra

$5,000

·         Lane Cove Occasional Child Care Inc

$5,200

·         Life Education NSW

$2,000

·         KYDS (Kuringai Youth Development Service)

$4,000

·         Taldumande Youth Services

$4,000

·         The Shepherd Centre

$4,400

·         Greenwich Sailing Club

$3,072

·         Lane Cove and North Side Community Services

$243,470

·         The Meeting House

$37,950

·         Women’s Action and Information Group (WAIG)

$1,580

·         Lane Cove Community Men’s Shed

$710

·         Lane Cove Rugby Union Club

$2,116

2.   Provide Cultural Venue Performance Hire Subsidy Funds 2016-2017 to:-

·         Lane Cove Concert Band

$500

·         Lane Cove Theatre Company

$3,000

3.   Give Public Notice of the proposed Financial Assistance Grants to Community Groups and to the Cultural Venue Performance Hire Subsidy Funds 2016-2017, and subject to no objections being received, grant the funds to the recommended groups;

4.   Host the Community Grants Presentation Ceremony on Wednesday 3 August 2016, as part of the Financial Assistance Grants process;

5.   Provide Centrehouse Inc with a three (3) year funding agreement, contingent on Centrehouse providing an annual program each February outlining how the funds will be expended with timeframes and accountability outcomes; and

6.   Request that all Incorporated Associations that receive funding from Council undergo Board Training every five (5) years.

 

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 


 

IPART Issues Paper - Review of Local Government Rating System

91

RESOLVED on the motion of Councillors Karpin and Cheong that Council receive and endorse the submission to the IPART Review of the Local Government Rating System.

 

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 

Results of the Consultation for the 2016 - 2017 Draft Delivery and Operational Plan, 2016/17 Draft Budget and 2016/17 Draft Fees and Charges

92

RESOLVED on the motion of Councillors Bennison and Karpin that:-

1.   The Draft Delivery Program and Operational Plan 2016-17 shown attached as AT-1, revised Draft Budget 2016 - 2017 with an operating surplus of $278,810 shown attached as AT-2, revised Draft Fees and Charges 2016/17 shown attached as AT-3 and updated Long Term Financial Plan shown attached as AT-4, be adopted.

2.   Council fix the Ordinary Rates and Charges for 2016/2017 as:-

a)   Ordinary Rates

(i)      An Ordinary Residential Rate of 0.178798 cents in the dollar, on the Land Value of all Rateable Land categorised as Residential in accordance with S.516 of the Local Government Act, (with the exception of heritage properties which are rated on their heritage value), with a Minimum Rate of $716, to yield $17,142,518.

 (ii)    An Ordinary Business Rate of 0.770688 cents in the dollar, on the Land Value of all Rateable Land categorised as Business in accordance with S.516 of the Local Government Act, with a Minimum Rate of $853 to yield $5,438,414

(iii)     Council being of the opinion that works related to the construction and maintenance of car parking facilities will be of benefit to the Lane Cove Village Commercial Area, (as defined by the meet’s and bounds description advertised in the North Shore Times on 13 June, 1979), that a Parking Special Rate, of 0.203407 cents in the dollar be made for 2016/17 on the Land Value of all rateable land within that part, in accordance with S.538 of the Local Government Act 1993, with a Minimum Rate of $2.00, to yield $158,462

b)    Domestic Waste Management Charges

(i)    in accordance with S.496 of the Local Government Act 1993, that an annual charge of $425.00 per annum be made for the year 2016/17 for domestic waste management services rendered to all properties categorised residential or non-rateable residential, for each once weekly 80 litre MGB (or equivalent) service;

(ii)   in accordance with S.496 of the Local Government Act 1993, that an annual charge of $110.00 per annum be made for the year 2016/17, for Domestic Waste Management Services for all properties categorised residential vacant land;

(iii)  in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $6.25 per service  be  made for the year 2015/16, for each additional weekly 80 litre domestic waste management service rendered to owner occupied single occupancy residential dwellings (excluding green waste and recycling service);

 

(iv)  in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $8.20 per service be made for the year 2016/17, for each extra weekly 80 litre (or equivalent) domestic waste management service rendered to residential properties other than single occupancy residential properties;

(v)   in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $8.20 per service be made for the year 2016/17, for each once weekly 80 litre (or equivalent) domestic waste management service rendered to non-rateable  properties;

(vi)  in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $8.20 per service be made for the year 2016/17, for each once weekly 80 litre (or equivalent) domestic waste management service rendered to residential units above business category premises.

(vii) in accordance with S.502 of the Local Government Act 1993 that a pay-for-use-charge of $4.80 per fortnightly service be made for the year 2016/17 for each extra recycling service to single residential dwellings.

c)    Interest on Overdue Rates and Charges

(i)    In accordance with the provisions of S.566(3) of the Local Government Act 1993, Council hereby resolves that the interest rate to apply for the period 1 July 2016 to 30 June 2017 to all outstanding rates and charges be calculated at the maximum interest rate currently 8.0% as specified by the Minister for Local Government.

 

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 

3rd Quarter Review of the 2015-2016 Budget

93

RESOLVED on the motion of Councillors Brooks-Horn and Karpin that the 2015 – 2016 Budget be varied as follows:-

 

Original Budget

000,s

30.09.2015
Quarter 1 Revised Budget

000,s

31.12.2015

Quarter 2 Revised Budget

000,s

31.03.2016 Quarter 3 Adjustments

000,s

31.03.2016 Quarter 3 Revised Budget

000,s

Expenditure

$38,930

$261

$192

$98

$39,481

Income

$50,176

$272

$203

$104

$50,755

Surplus/ (Deficit)

$11,246

$11

$11

$6

$11,274

Surplus/(Deficit) before Capital Grants/Contributions

$389

$400

$411

$6

$417

 

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 


 

Tender for the Alterations and Renovations to the Greenwich Baths Clubhouse

94

RESOLVED on the motion of Councillors Brooks-Horn and Gold that:-

1.               Council reject all tenders and as Council has called tenders and identified suitable builders capable of undertaking the project, rather than call fresh tenders, enter into direct negotiations with the two (2) tenderers to further assess their suitability and to confirm a price;

2.   The General Manager be authorised to conduct such negotiations in line with the quantity surveyors estimate and if negotiations are successful to enter into a contract with the preferred contractor; and

3.   A further report be submitted to Council outlining the results of the negotiations.

 

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 

Local Government and Shires Association of New South Wales - Election of Board of Directors

95

RESOLVED on the motion of Councillors Bennison and Gold that Council:-

1.   Receive and note the report; and

2.   Nominate Councillors Hutchens, Bennison and Karpin as voting delegates for the 2016 election to vacant positions on the Board of Directors of the Association.

 

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 

Officer Reports for Information

 

3rd Quarter Review of the 2015-16 Delivery Program and Operational Plan

96

RESOLVED on the motion of Councillors Bennison and Karpin that the 3rd Quarter Review of the 2015-16 Delivery Program and Operational Plan be received and noted.

 

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 

Council Snapshot

97

RESOLVED on the motion of Councillors Brooks-Horn and Karpin that the report be received and noted and thank Council’s Senior Staff on their continued work to make it such a successful Council.

 

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 


 

CLOSE

 

The meeting closed at 9:31pm.

 

Confirmed at the Ordinary Council Meeting of 20 June 2016, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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