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Minutes

Ordinary Council Meeting

23 October 2017; 6:35pm

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 23 October 2017

Minutes

 

PRESENT: Councillor P. Palmer (Chair), Councillor S. Bennison, Councillor K. Brent, Councillor D. Brooks-Horn , Councillor K. Morris, Councillor F. Vissel, Councillor A. Zbik, Councillor D. Hutchens, 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, Manager – Strategic Planning and Manager – Governance.

 

CONFIDENTIAL ITEMS

Pursuant to section 10A(4), the public were invited to make representations to the council meeting before any part of the meeting is closed, as to whether that part of the meeting should be closed to consider:

 

Senior Staff Matter

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (a) of the Local Government Act, 1993, on the grounds that the matter will involve the discussion of personnel matters concerning a particular individual; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing.

 

No members of the public made representations.

 

CLOSED COMMITTEE

142

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

1.   Resolve into Closed Committee to consider the business identified above.

2.   Pursuant to section 10A(1)-(3) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of section 10A(2) as outlined above.

3.   The correspondence and reports relevant to the subject business be withheld from access to the media and public as required by section 11(2) of the Local Government Act 1993.

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 

Closed Committee commenced at 6:36pm.  The public and media left the chamber.

 

Open Council resumed at 7:00pm.  The public and media were invited into the chamber.

 

DECLARATIONS OF INTEREST: Nil

OPENING OF MEETING WITH PRAYER

The meeting was opened with a prayer by Rev. Steven Pym of Greenwich Presbyterian Church.

 

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.

 

Confidential Items

 

The General Manger read the recommendations of the Item/s considered in Closed Committee prior to Council’s consideration:

 

Senior Staff Matter

143

RESOLVED on the motion of Councillors Brent and Brooks-Horn that Council note the General Manager consulted with Council in relation to this Senior Staff Matter.

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 

SUSPENSION OF STANDING ORDERS

144

RESOLVED on the motion of Councillors Brooks-Horn and Vissel 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 Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 

PUBLIC FORUM

Andre Kilstein of Lane Cove North expressing concerns in relation to increased traffic in the Lane Cove North region specifically at the intersection of Elizabeth Parade and Centennial Avenue and objecting to the installation of traffic signals at the intersection.

 

Hugh Dougherty of Northwood enquiring as to the progress of the housekeeping LEP to remove heritage item 62 Northwood Road.

 

Liz Gill of Greenwich requesting Council consider conflicts of interest that may exist in relation to any submissions received during community consultation on the St Leonards South plans from property areas benefiting from the rezoning and recommending more extensive community consultation be undertaken in relation to the proposed changes to 2 Greenwich Road given the substantial changes proposed.

 

Alice Beauchamp of Lane Cove enquiring as to the timeframe for community consultation in relation to the plans for St Leonards South and objecting to increasing density in the area.

 

Kim McIntyre of St Leonards South objecting to the St Leonards South Master Plan and suggesting that a more comprehensive plan encompassing the area to Greenwich Road is required.

 

Justin O’Farrell of St Leonards South enquiring as to the timeframe for community consultation in relation to the plans for St Leonards South and suggesting consideration be given to rezoning the entire precinct.

 


 

Rachel Falk of St Leonards South objecting to the exhibition of the plans for St Leonards South and suggesting consideration be given to rezoning the entire precinct.

 

Sam of St Leonards South congratulating Councillors on their recent election and requesting Council defer its decision to exhibit the plans for St Leonards South.

 

Elizabeth Martin of St Leonards South supporting the previous three (3) speakers and requesting Council defer its decision to exhibit the plans for St Leonards South.

 

David Johnson of St Leonards South objecting to the exhibition of the plans for St Leonards South.

 

Brendan Morse of St Leonards South congratulating Councillors on their recent election and supporting the deferral of the public exhibition of the plans for St Leonards South.

 

Mary Casey of Greenwich objecting to the rezoning of the entire precinct suggesting that it be undertaken one step at a time to allow potential impacts to be assessed following each stage of any future potential rezoning or development in the precinct and enquiring as to the inclusion of Gore Hill Oval in the Open Space calculations highlighted in the report and expressing concerns regarding solar access and overshadowing.

 

Diane Willis of St Leonards South expressing concerns in relation to the plans for St Leonards South including solar access and overshadowing, open space, overdevelopment, traffic and topography requesting Council defer its decision to exhibit the plans until problems are addressed

 

Colin Moncrief of St Leonards South expressing concerns in relation to the plans for St Leonards South particularly the potential impact of future construction resulting from the proposed rezoning and requesting Council rezone the entire precinct to Greenwich Road.

 

Susan Spurway of St Leonards South expressing concerns in relation to the plans for St Leonards South particularly traffic, parking and the impacts of construction and requesting Council defer its decision to exhibit the plans for St Leonards South suggesting a more comprehensive plan for the area needs to be developed.

 

Michael Marnish of St Leonards South congratulating Councillors on their recent election and requesting Council defer its decision to exhibit the plans for St Leonards South until a more comprehensive plan for the area can be developed utilising further information from the State Government.

 

Don Murchison of Greenwich requesting a Lane Cove Bicycle Committee member be appointed  as a community representative on the Lane Cove Traffic Committee and requesting that appropriate bicycle infrastructure be included in the St Leonards South precinct to enable safe cycling through the area.

 

Alan Winning on behalf of the Greenwich Community Association expressing concerns with the exhibition of plans for St Leonards South and requesting that Council defer its decision to exhibit the plans to allow further time for the plans to be reviewed.

 

Elspeth Hodge of St Leonards objecting to the rezoning of the St Leonards South precinct citing concerns including the loss of backyards, adequate space and facilities in schools, lack of public open space, and limited consultation with residents of adjoining council areas.

 

Merri Southwood of Greenwich requesting that Council defer its decision to exhibit the plans to allow further time for the plans to be reviewed.

 


 

Alan Hong of St Leonards South supporting the rezoning of the entire St Leonards South precinct to Greenwich Road / River Road and defer its decision to exhibit the plans until further information from the State Government becomes available.

 

Penny Mabbutt of Greenwich objecting to the rezoning of St Leonards South and requesting Council defer its decision to exhibit the plans for St Leonards South.

 

Albert Jubian of St Leonards South objecting to the proposed rezoning of the St Leonards South precinct.

 

Randall Brophey of  St Leonards South expressing concerns in relation to the rezoning of the St Leonards South precinct particularly in relation to traffic.

 

Helen Pearson of St Leonards South expressing concerns in relation to the rezoning of the St Leonards South precinct and the cumulative impacts of the proposal including traffic, noise, air and ground pollution, potential height limits, and open space.

 

Stuart Warden of Naremburn objecting to the timing of the proposed rezoning of the St Leonards South precinct.

 

Jim Kaplan of St Leonards South expressing concerns in relation the rezoning of the St Leonards South precinct including impact on traffic and lack of open space.

 

Lisa Perry of Greenwich requesting Council defer its decision to exhibit the plans for St Leonards South, expressing concerns including the increase in density, overpopulation, traffic and lack of schools in the area.

 

Arlene Jubian of St Leonards South objecting to the proposed rezoning of the St Leonards South precinct and exhibition of plans.

 

Anita Jubian of St Leonards South objecting to the proposed rezoning of the St Leonards South precinct and exhibition of plans.

 

Peter Sweeney of Greenwich requesting Council defer its decision to exhibit the plans for St Leonards South to allow further time for the plans to be reviewed and recommending more comprehensive community consultation for the precinct be undertaken.

 

Katie Fanning of Greenwich objecting to the proposed rezoning of the St Leonards South precinct.

 

RESUMPTION OF STANDING ORDERS

145

RESOLVED on the motion of Councillors Brooks-Horn and Bennison that Standing Orders be resumed.

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 


 

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 21 AUGUST 2017 AND EXTRAORDINARY COUNCIL MEETING – 25 SEPTEMBER 2017

146

RESOLVED on the motion of Councillors Bennison and Brent that the minutes of the Ordinary Council meeting held on the 21 August 2017 and the minutes of the Extraordinary Council meeting held 25 September 2017 be received.

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

147

RESOLVED on the motion of Councillors Brooks-Horn and Bennison that the minutes of the Ordinary Council meeting held on the 21 August 2017 and the minutes of the Extraordinary Council meeting held 25 September 2017 be confirmed.

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 

Notices of Motion

 

Notice of Motion - Public Transport Solutions

148

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

1.   Lobby Transport for NSW for increasing capacity of buses in and out of Lane Cove during peak hours; and

2.   Develop a transport mobility plan which connects Lane Cove's residential and industrial areas to the Village / Epping Road Bus Interchange via a local bus service and, if viable, lobby Transport for NSW for introducing the necessary route changes.

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 

Officer Reports for Determination

 

St Leonards South - Draft Development Control Plan, Draft Landscape Master Plan and Draft Section 94 Plan

149

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

1.   Receive and note the report; and

2.   Place for a period of eight (8) weeks from Monday 30 October 2017, in accordance with the consultation strategy outlined in this report, the Draft Development Control Plan, Draft Landscape Master Plan and Draft Section 94 Plan for public exhibition, in conjunction with the Draft Local Environmental Plan amendment for St Leonards South.

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Zbik and Morris (Total 8).

Against the Motion was Councillor Vissel (Total 1).

 

Matter Arising

ST LEONARDS SOUTH PLANS

150

RESOLVED on the motion of Councillors Bennison and Hutchens that Council’s Strategic Planning team be thanked for their work on the St Leonards South Plans.

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 

Adjournment

151

RESOLVED on the motion of Councillors Palmer and Brent that the meeting be adjourned for five (5) minutes.

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 

Procedural Motion

152

RESOLVED on the motion of Councillors Palmer and Bennison that “Councillor Representation on Council and External Committees for 2017-18” be deferred and considered as the last item.

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 

September 2017 Traffic Committee Meeting

153

RESOLVED on the motion of Councillors Brent and Strassberg that Council adopt the recommendations of the Lane Cove Traffic Committee Meeting held on Tuesday, 26 September 2017

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 

LEP Planning Proposal 32 - 2 Greenwich Road, Greenwich

154

RESOLVED on the motion of Councillors Bennison and Vissel that Council endorse the submission to the Planning Proposal Review outlined in AT-4 to not support Planning Proposal 32 to permit a shop top housing development at 2 Greenwich Road, Greenwich as it lacks merit for the following reasons:-

1.    It is inconsistent with the draft North District Plan, which envisages the Precinct as a “Health and Education Super Precinct”.  The current site would be lost for future employment use.

2.    It is inconsistent with Council’s St Leonards South Master Plan, which seeks to protect the orderly development of the precinct by containing residential uplift to the area east of Park Road and closest to the railway station.

3.    It is inconsistent with the B3 Commercial Core objectives within the Lane Cove Local Environmental Plan, such as providing “appropriate employment opportunities”.

4.    While the Interim Statement and supporting documents has been released by NSW Planning & Environment it is inconsistent with its employment objectives, opportunities and key considerations for this character area and particularly the findings of the St Leonards and Crows Nest Station Strategic Employment Review.

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 

Adoption of the Disability Inclusion Action Plan

155

RESOLVED on the motion of Councillors Brent and Hutchens that:-

1.   The Revised Draft Disability Inclusion Action Plan: July 2017, as attached AT-1 be adopted; and

2.   The Consultation Outcome Report: July 2017, as attached AT- 2 be adopted.

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 

Procedural Motion

156

RESOLVED on the motion of Councillors Palmer and Bennison that the parts of the recommendation be voted on ad seriatium.

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 

Local Government Conference NSW 2017

157

RESOLVED on the motion of Councillors Palmer and Bennison that the following motions be submitted for debate at the 2017 Local Government NSW Annual Conference:-

1.      That LGNSW lobbies the NSW Government to provide protection for councils who, acting in good faith, issue Stop Work Notices and enforce such Notices through the Courts, from any potential liability for delay costs.

2.      That LGNSW lobbies the NSW Government seeking changes to the Private Certification framework to remove the self selection of the Private Certifier by introducing the following system:-

-       Certifiers register with council to bid for work and the council vets certifiers credentials e.g. Licences issued;

-       Applicant applies to Council for CC;

-       For each CC, an online bidding process is conducted in which the certifiers submits a price for the work;

-       Council contracts with lowest bidder to perform the works;

-       Applicant pays fees;

-       Private Certifier performs work;

-       If issues arise, Council instructs certifier to rectify under contractual obligations. Non responsive, Private Certifier risks not getting future work.

3.      That LGNSW makes representations to the Minister for Roads, Maritime and Freight seeking a review of onerous and costly leasing / licencing conditions imposed on councils and community organisations including sea scouts, schools and rowing/sailing clubs for facilities and infrastructure adjoining or over RMS controlled waterways.

 

4.      That LGNSW lobbies the Minister for Planning and Environment to provide in the framework for the operation of Independent Hearing and Assessment Panels, capacity for individual councils to establish Terms of Reference and local rules for referral of applications.

5.      That LGNSW collaborate with the NSW Government to launch a promotional campaign highlighting the employment opportunities with local Councils.

6.      That LGNSW:-

a.      Raise our concerns with the State Government;

b.      Gain assurance that that the SIC will not impact on section 94 contributions and  will remain at the existing levels; and

c.      SIC will not reduce VPA contributions where the VPA was in existence prior to the implementation of the SIC.

7.    LGNSW lobby the NSW Government to introduce changes to the Local Government Act to implement structural reform which formally constitutes ROCs (Regional Organisations of Councils) so that they can negotiate and enter into contracts for the regions on behalf of their member Councils. Should a Council not wish to participate in a particular contract or initiative they would be required to produce a Business Case justifying their position.

8.   That LGNSW lobby the Minister for Disability Services, the Hon. Ray Williams MP, the Minister for Community Services, Social Housing, the Hon. Pru Goward, the Minister for Ageing, the Hon. Tanya Davies MP and the Treasurer, the Hon Dominic Perrottet MP, seeking a commitment to continue funding NSW Disability Advocacy groups beyond 30 June 2018 noting that such a commitment would require less than 1% of their expected $4.5b surplus.

9.    That LGNSW lobby the Minister for Planning and Environment the Hon. Anthony Roberts to establish a service standard in the Department of Planning and Environment requiring that all planning proposals, once approved by councils, are gazetted within 3 months.

10.  That LGNSW lobbies the Minister for Local Government for improved consultation with the Local Government Sector, so that prior to the introduction into Parliament of any legislation affecting the Sector, that the State Government consult and engage with LGNSW.

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

158

RESOLVED on the motion of Councillors Palmer and Brent that Council authorise the attendance of all Councillors wishing to attend the Local Government Conference and Council’s four (4) voting delegates be Councillors Palmer, Brent, Strassberg and Hutchens.

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

159

RESOLVED on the motion of Councillors Palmer and Zbik that in view of the timing of the Conference, the Ordinary Council meeting scheduled for Monday 4 December 2017 be rescheduled for Monday 11 December 2017 and the public notified accordingly.

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 

Below Ground Stratum Lease Lithgow Street St Leonards

160

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

1.    Subject to finalisation of the partial road closure of Lithgow Street, St Leonards, Council create a below ground stratum lot for the purposes of allowing an extension of the western subterranean boundary of 88 Christie Street, St Leonards under Lithgow Street;

2.    Council transfer the below ground stratum lot to the owner of 88 Christie street, St Leonards in exchange for the provision of 16 car parking spaces within the development; and

3.    All associated costs be borne by the owners of 88 Christie Street, St Leonards.

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 

Officer Reports for Information

 

New Waste Diversion Initiatives

161

RESOLVED on the motion of Councillors Brent and Morris that:-

1.      The report be received and noted;

2.      A note of thanks be extended to relevant staff and other Councils participating in this project; and

3.      Council devise a Public Relations strategy to highlight this achievement.

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 

Pecuniary Interest Returns 2017

162

RESOLVED on the motion of Councillors Brooks-Horn and Bennison that Council note the tabling of Pecuniary Interest Returns of Designated Staff and Councillors for the return period 1 July 2016 till 30 June 2017.

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 

Council Snapshot

163

RESOLVED on the motion of Councillors Brent and Hutchens that the report be received and noted.

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 


 

 

Councillor Representation on Council and External Committees for 2017-18

164

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

1.   A decision on the Lane Cove Aboriginal Advisory Committee be deferred and referred to a workshop for further consideration;

2.   Council disband the following Committees:-

·         Lane Cove North Advisory Committee;

·         Marjorie Propsting Memorial Library Committee; and

·         Cultural Advisory Committee;

3.   Council establish the Marjorie Propsting Memorial Forum and Cultural Advisory Forum;

4.   Councillor representation on Advisory and External Committees for 2017-18 be as follows, with it being noted that the Mayor is an ex-officio on all Council Advisory Committees:-

Advisory Committee

Representation

Age Friendly Advisory Committee

Appointment deferred

Anzac Working Party

Councillor Brooks-Horn and Hutchens

Bushland Management Advisory Committee

Councillor Vissel, Councillor Strassberg (alt)

Carisbrook Advisory Committee

Councillor Hutchens

Council Selection Committee

Appoint all Councillors and the General Manager.

Internal Audit Committee

Councillor Zbik, Councillor Bennison (alt)

Lane Cove Access and Inclusion Committee

Councillor Zbik

Lane Cove Bicycle Advisory Committee

Councillor Zbik, Councillor Strassberg (alt)

Lane Cove Festival Committee (Formerly Cameraygal Festival Committee)

Councillor Brent, Councillor Morris (alt)

Lane Cove Literary Awards

Councillors Brent and Hutchens

Lane Cove Public Art Advisory Committee

Councillor Brent, Councillor Morris (alt)

Publications Editorial Task Force

The Mayor, Councillors Bennison, and Morris, Councillor Brent (alt)

Sustainability Advisory Committee

Councillor Strassberg, Councillor Vissel (alt)

 

 

 

 

 

 

External Committee

Representation

Centrehouse Management Committee

Councillor Bennison

Lane Cove Retirement Units Association Ltd Board

Councillors Hutchens and Brooks-Horn

Northern Sydney Regional Organisation of Councils – (NSROC)

The Mayor and Councillor Bennison, Councillor Brent (alt)

NSW Public Libraries Association (Inc.)

Councillor Vissel

Shorelink Committee                         

Councillor Vissel

Parramatta / Ryde / Hunters Hill / Lane Cove District Bushfire Committee

Councillor Palmer

5.   It be noted that any available Councillor may attend Internal Advisory Committees;

6.   Council authorise all Councillor representatives on Internal Advisory Committees to arrange an alternate as required; and

7.   Advisory Committee Charters be amended where necessary to reflect Councillor Representation.

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 

 

CLOSE

 

The meeting closed at 10:18pm.

 

Confirmed at the Ordinary Council Meeting of Monday, 20 November 2017, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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