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Minutes

Ordinary Council Meeting

18 November 2019 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 18 November 2019

Minutes

 

PRESENT: Councillor P. Palmer (Chair), Councillor S. Bennison, Councillor K. Brent, Councillor D. Brooks-Horn, Councillor D. Strassberg Councillor F. Vissel and Councillor A. Zbik.

 

ALSO PRESENT: General Manager, Acting Executive Manager – Corporate Services, Executive Manager – Environmental Services, Acting Executive Manager – Open Space & Urban Services, Executive Manager – Human Services and Coordinator – Strategic Planning.

 

DECLARATIONS OF INTEREST:

 

Councillor Strassberg declared a non pecuniary conflict of interest that is not significant in relation to the ‘Village traffic changes - Coxs lane / Finlayson / Birdwood’ as he owns property in the affected area. He indicated he would debate and vote on the matter.

 

Councillor Palmer declared a non pecuniary conflict of interest that is not significant in relation to the ‘Village traffic changes - Coxs lane / Finlayson / Birdwood’ as she owns property in the affected area. She indicated she would debate and vote on the matter.

 

Councillor Zbik declared a non pecuniary conflict of interest that is not significant in relation to the ‘Village traffic changes - Coxs lane / Finlayson / Birdwood’ as a family member resides in the affected area. He indicated he would debate and vote on the matter.

 

Councillor Bennison declared a non pecuniary conflict of interest that is not significant in relation to the ‘Village traffic changes - Coxs lane / Finlayson / Birdwood’ as he owns property in the affected area. He indicated he would debate and vote on the matter.

 

APOLOGIES 

Apologies be received on behalf of Councillors D. Hutchens and K. Morris.

210

RESOLVED on the motion of Councillors Brooks-Horn and Vissel that the apologies be accepted and leave of absence be granted.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

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.

 

Procedural Motion

211

RESOLVED on the motion of Councillors Brooks-Horn and Strassberg that Presentation of Annual Financial Statements - Year Ended 30 June 2019 be brought forward and dealt with as the next item.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

Presentation of Annual Financial Statements - Year Ended 30 June 2019

 

James Winter (Grant Thornton Partner) and Somaiya Ahmed (Director Financial Audit  - Audit Office) addressed Council.

212

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

1.    Council receive and note the Annual Financial Reports together with the Auditors Report for the year ended 30 June 2019,

2.    In respect of the ‘own source operating revenue ratio’, that it be noted when adjusted for one off developer contributions, the ratio is 84.97% which is compliant; and

3.    It be noted that the auditors thanked Council’s Chief Financial Officer and the finance team.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

SUSPENSION OF STANDING ORDERS

213

RESOLVED on the motion of Councillors Brooks-Horn and Strassberg 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 minutes.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

PUBLIC FORUM

Jon Lyle of Greenwich on Sale & Acquisition of Land at 15 Standish Street, Greenwich.

Siobhan Walsh of Greenwich on Council’s Submission to Department of Planning on the Greenwich Hospital Redevelopment.

Jennifer Schneller of Northwood on Council’s Submission to Department of Planning on the Greenwich Hospital Redevelopment.

Merri Southwood of Greenwich on Council’s Submission to Department of Planning on the Greenwich Hospital Redevelopment and Council providing grants to community groups.

Stephen Curley of Northwood on Council’s Submission to Department of Planning on the Greenwich Hospital Redevelopment.        

Tom Lawson of Greenwich on Council’s Submission to Department of Planning on the Greenwich Hospital Redevelopment.

John Gelagin of Greenwich Council’s Submission to Department of Planning on the Greenwich Hospital Redevelopment.

Roger Apte of Lane Cove on Council’s Submission to Department of Planning on the Greenwich Hospital Redevelopment.

Don Murchison Greenwich on Council’s Submission to Department of Planning on the Greenwich Hospital Redevelopment, costs of food and wine at the Festival by the River event, how the community can help bushfire victims and the bushfire risk management plan.

Lynne Mcloughin on Council’s Submission to Department of Planning on the Greenwich Hospital Redevelopment.

RESUMPTION OF STANDING ORDERS

214

RESOLVED on the motion of Councillors Strassberg and Brent that Standing Orders be resumed.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

Procedural Motion

215

RESOLVED on the motion of Councillors Strassberg and Brent that the item Council Submission to the Department of Planning on the Greenwich Hospital Redevelopment be brought forward and dealt with as the next item.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

Council submission to Department of Planning on Greenwich Hospital Redevelopment

216

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

1.     Council prepare a submission to the Consent Authority (Department of Planning)             objecting to the proposed State Significant Development based on the issues             contained in the report and the following:-

a)     The Seniors living units and villas component of the proposal should be deleted from the consent proposal as the site should continue to be preserved for use as a Hospital as per the current zoning;

b)     The Director General should rule the residential component is not State Significant as it is prohibited use;

c)      The built form of both the hospital tower and residential component are out of character with surrounding low density residential and impacts on the visual amenity of the area;

d)     The Hospital component should be redesigned upon the deletion of the residential components to be located so as to not be on the highest point of the site and the height and bulk of the buildings minimised;

e)     Pedestrian safety in the precinct particularly in St Vincent’s Avenue and surrounds will be impacted and has not been adequately addressed;

f)       The proponent’s report incorrectly states that there will be a net an increase in the number of trees(86 lost and 60 planted) while the numbers actually indicate a decrease;

g)     The contours are incorrect on the south west corner resulting in the shadow analysis being incorrect. The contours are steeper than the survey conducted, which is reflected in the Civil Engineering documentation.

h)     The Visual impact from Northwood is understated as the documentation only shows the ‘best case tree canopy corridor’;

i)       More extensive community consultation was requested but declined by the applicant;

j)       The site has three driveways and traffic movements should be separated and defined between uses (residential/shops/deliveries/garbage etc) to improve safety and amenity on site;

k)      The proposed location of the respite clinic on St Vincent’s Road is inappropriate for accessibility/parking reasons and would be difficult for outpatients to find. It should be consolidated with other health services and better located for public transport;

l)       The curtilage of the new residential buildings needs to be defined as part of  new lots/uses to protect and enhance the amenity of residents particularly their ability to enjoy quiet ‘private open space’;

m)    In general, subdivision of the site into lots with boundaries by their use would provide better outcomes for residents, visitors and staff  for any future development;  

n)     The extent of the APZ required and bushfire risk should be clarified;

 

o)     The second heritage area (the long site/bridal path area) should be considered; and

p)     Any matter that the General Managers determines.

2.    Council advise the Department of Planning, that should it determine in favour of the        application, the conditions included in AT-2 should be imposed.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 21 OCTOBER 2019 AND EXTRAORDINARY COUNCIL MEETING – 4 NOVEMBER 2019

217

RESOLVED on the motion of Councillors Brooks-Horn and Strassberg that the minutes of the Ordinary Council and Extraordinary meeting held on the 21 October 2019 and 4 November 2019 be received.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

218

RESOLVED on the motion of Councillors Brooks-Horn and Strassberg that the minutes of the Ordinary Council meeting and Extraordinary meeting held on the 21 October 2019 and 4 November 2019 be confirmed.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

Mayoral Minutes

 

Mayoral Minute - St Leonards South Update November 2019

219

RESOLVED on the motion of Councillors Palmer that the Mayoral Minute be received and noted.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

Notices of Motion

 

TCORP Debt Financing

220

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that the General Manager undertake initial due diligence with respect to acquiring funding from TCORP to advance future planned infrastructure projects and that a report come back to Council with the following information:-

1.    Details of funding being offered by TCORP including, interest rates, fixed/variable,               terms and other information considered by the General Manager necessary for               Councillors to make an informed decision;

2.    Details of future infrastructure projects that the General Manager considers               appropriate for consideration of TCORP funding; and

       3.    In relation to point 1, the report include the amount of debt that would not impact               on Council’s Fit for the Future ratios.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

Procedural Motion

221

RESOLVED on the motion of Councillors Strassberg and Brooks-Horn be brought forward and dealt with as the next item.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

Further Report -  Sale & Acquisition of Land - 15 Standish Street, Greenwich

222

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

1.     Agree to vary the Deed in respect of the Road Closure and Voluntary Sale and Acquisition of land in Standish Street, Greenwich by:-

a.      Substituting the dedication to Council of Area A on the western side of the property for Area B on the southern side of the property 15 Standish Street, Greenwich, as Area B is immediately adjacent to Council owned bushland in Gore Creek Reserve and is therefore preferred to Area A, which is isolated;

b.      Not indexing by CPI the compensation payable by the landowner to Council in the amount of $18,000 due to the extensive delays by Council in finalising the matter; and

c.      Imposing the necessary easement(s)for the existing aerial service wires to meet the requirements of Ausgrid.

2.   Grant authority to the Mayor and General Manager to affix the Common Seal to the sale contract and any necessary associated documentation to complete the transaction.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Zbik (Total 6).

Against the Motion was Councillor Vissel (Total 1).

 

Village Traffic Changes -  Coxs Lane / Finlayson / Birdwood

223

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

1.   Council receive and note the report;

2.   No Stopping’ be implemented on both sides of Coxs Lane between Finlayson Street and Birdwood Avenue; with no replacement parking; and

3.   Council review the impacts and need for any further changes once The Canopy development opens in June 2020 by no later than November 2020.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

Energy and Water Use Project Update

224

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

1.  The report be received and noted and that Council be commended on its efforts over the last 4 years;

2.  Council indicate support for the recommendations contained in the report being:-

            a.    Prioritising engagement with large asset owners that have significant roof                     space to benefit from renewable energy. Schools in particular provide a                        significant opportunity as they own multiple assets, have large roof space                     and dependable, daytime energy loads; 

b.    Seek to raise policy issues at a State level with the Department of Planning and                    Environment to set locally specific performance standards for new                                      residential and non-residential developments (for example increasing BASIX                    pre-commitments through Council’s Local Environment Plan and                                        Development Control Plan);

c.    Develop a strategy to conserve water and encourage water sensitive urban                       design; and

     d.    Identify and develop opportunities to increase access to electric vehicle                             infrastructure.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

Hunters Hill, Lane Cove, Parramatta, Ryde, Bushfire Risk Management Committee -  Bushfire Risk Management Plan - 5 year plan

225

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

1.  Council endorse the draft BFRMP 2019/24 for the purpose of public exhibition and             consultation be undertaken for a period of 42 days as outlined in the report;

2.  A further report is submitted to Council following the exhibition period, to consider             the final plan for adoption; and

3.  That the bush fire volunteers be thanked for their years of service.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

Planning Proposal 36 - 166 Epping Road, Lane Cove West

226

RESOLVED on the motion of Councillors Strassberg and Zbik that having considered the advice of the Lane Cove Local Planning Panel meeting of 7 November 2019, Council rejects Planning Proposal No. 36 in full and such not be forwarded to the Minister for a Gateway Determination, as it:-

A.  Fails the strategic merit test.

Reasons:

1)   The Planning Proposal is not consistent with Objective 23 (and Action 11) of the Greater Sydney Commission’s, ‘A Metropolis of Three Cities’ which is to preserve and manage industrial and urban services land;

2)   The Planning Proposal is not consistent with the following aspects of the North District Plan:-

a)   Planning Priority N11 which is to retain and manage industrial & urban services land;

b)   Principles for managing industrial and urban services land; and

c)   Action 46 which is to retain and manage industrial and urban services land and preventing conversion of the land to residential development, including mixed use zonings.

3)   The Planning Proposal is not consistent with objectives 8 and 21 of the Lane Cove Community Strategic Plan (LCCSP), as the proposal is not consistent with the community priorities and actions for housing supply and retention of commercial land;

4)   The Planning Proposal is not consistent with Planning Priorities 3, 5 and 7 of the Draft Lane Cove Local Strategic Planning Statement (DLSPS). The site is not identified as a strategic precinct, nor is it considered an appropriate area for housing.

 

The Lane Cove West employment lands are specifically identified in the DLSPS to be protected and managed for industrial and commercial land uses;  

5)   Given that the strategic planning documents (i.e. A Metropolis of Three Cities and North District Plan) identify this site as an area for employment growth (existing and proposed), the existing planning controls are considered appropriate;

 

B.  Inconsistent with Section 3.8 of the Environmental Planning and Assessment Act

 

Reason

 

This section of the Act deals with the ‘Implementation of Strategic Plans’ which requires all Planning Proposals to ‘give effect’ to any applicable district strategic plan.

 

Given the direct inconsistency with Planning Priority N11 and Action 46 of the North District Plan, dated March 2018, the Planning Proposal does not ‘give effect’ to the North District Plan.

 

C.  Fails the site-specific merit test.

Reasons:

6)    The Planning Proposal has not satisfactorily addressed SEPP 33 – Hazardous and Offensive Development and SEPP 55 – Remediation of Land. The proponent’s Planning Proposal does not consider the potential impacts of air pollution from multiple sources including the adjoining Ingredion flour mill and the Lane Cove Tunnel Air Vent Stack;

7)    The rezoning of the site to permit residential land uses would compromise future IN2 Light Industrial uses in the precinct and would likely result in land use conflicts with surrounding industrial properties;

8)    The Planning Proposal actually reduces the amount of employment floorspace to less than the current maximum permissible FSR of 1:1 – thus resulting in a net loss of employment floor space. This will restrain future employment growth in a potential reduction of commercial floorspace and associated employment density/yield;

D.  Fails to consider Other Related Matters

9)    The Department of Planning, Industry, and Environment has identified and mapped the subject site as an ‘employment lands precinct’, as it is a valuable contributor to the ‘Eastern Economic Corridor’;

10)  The subject site is isolated from social and community infrastructure, both existing and planned, as it is not located within an accessible commuting distance of a strategic or local precinct;

11)  Only one entry/egress route is available, which is a risk to emergency vehicles under Rural Fire Service policies, and only one entry for pedestrians into the site; and

12)  The Planning proposal would further compromise district views from adjoining Local Government Areas, Willoughby and City of Ryde including the National Park.

E.   That Council notify the applicant of its decision in writing as soon as practicable.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

Planning Proposal 37 - St Leonards Plaza Additional Permitted Use

227

RESOLVED on the motion of Councillors Vissel and Brooks-Horn that having considered the advice from the Lane Cove Local Planning Panel meeting of 7 November 2019, Council supports the amended Planning Proposal No. 37 in full and be forwarded to the Minister for a Gateway Determination, as it is:-

A.  Consistent with the Strategic Merit test

 

Reasons

1)   The Planning Proposal is consistent with Objective 31 and 32 of A Metropolis of Three Cities, as it will provide new high quality open space in the area which will interconnect with other green links being provided around the site;

2)   The Planning Proposal is consistent with the site-specific Action 34 of the North District Plan, as it will enable a development pathway to deliver this high quality open space to the St Leonards precinct – thus achieving the Actions intent;

3)   The Planning Proposal is consistent with the Place and Landscape Recommendations of the St Leonards/Crows Nest Draft 2036 Plan for the area;

4)   The Proposal is consistent with the priorities and actions of all of Council’s strategic planning documents (i.e. Draft Local Strategic Planning Statement, Delivery Program and Operational Plan);

5)   The Planning Proposal also implements the recommendations of previous strategies relevant to the area (i.e. St Leonards Strategy 2006);

B.  Consistent with the Site-Specific Merit test

 

Reasons

6)   Delivery of the Over-rail plaza will not impact upon any likely future uses surrounding the area; and

 

7)   Proposed construction is unlikely to impact on the infrastructure and ongoing operation of the St Leonards Railway Line.

 

C.  Council forward Planning Proposal 37 to NSW Department of Planning, Industry and Environment for a Gateway Determination.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

New Pocket Park at 552 Mowbray Road - Djanaba Nura

228

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

1.   Council note endorse the concept plan for the purpose of community consultation on the proposed pocket park at 552 Mowbray Road, Lane Cove;

2.   Consultation be undertaken for a minimum of six (6) weeks as outlined in the Consultation Strategy outlined in the report and a further report be submitted to Council; and

3.   Council commence the place naming process by submitting the new park name for 552 Mowbray Road, Lane Cove to the Geographical Names Board for consideration.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

New Park at 69 Longueville Road - Cammeraygal Park

229

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

1.    That Council receive and note the report for Cameraygal Park.

 

2.    That it be formality noted that the name of the park is an acknowledgment by Lane Cove Council of the Cameraygal people whom once lived on the land.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

Single-Use Plastic Bag Reduction Program

230

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

1.    The report be received and noted;

       2.  Council approach the large corporate retail business to replace the reusable plastic             bags with more sustainable options; and

       3.  Council investigate conducting a campaign which targets the community to                       encourage use of sustainable non plastic reusable shopping bags in the LGA.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

 

Customer Experience Strategy

231

RESOLVED on the motion of Councillors Strassberg and Brent that Council adopt the Draft Customer Experience Strategy dated November 2019 as attached at AT-1.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

Delivery Program and Operational Plan - First Quarter Review

232

RESOLVED on the motion of Councillors Strassberg and Brooks-Horn that the 1st Quarter Review of the 2019-2020 Delivery Program and Operational Plan be received and noted.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

1st Quarter Review of the 2019 - 2020 Budget

233

RESOLVED on the motion of Councillors Strassberg and Brooks-Horn that the 2019 -2020 Budget be varied as follows:-

 

Original Budget

(000’s)

Adjustments

(000’s)

Revised Budget

(000’s)

Expenditure - Operating

$46,241

$214

$46,455

Income - Operating

$61,467

$1,099

$62,566

Surplus/ (Deficit)

$15,226

$885

$16,111

Surplus/(Deficit) before

Capital Grants/Contributions

$470

($98)

$372

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

Lane Cove Council Annual Report 2018-19

234

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

 

1.  Council adopt the Draft Annual Report at AT-1 for 2018 -19;

 

2.  The adopted Annual Report be forwarded to the Minister for Local Government as amended; and

 

3.  The Annual Report be published on Council’s website.

 

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

Order of the Day

Councillor Zbik stated that in regards in drought relief efforts, he had recently visited the Gunnedah area and seen how the donations raised are being distributed and used appropriately.

Schedule of Meetings 2020

235

RESOLVED on the motion of Councillors Strassberg and Brooks-Horn that the Council Meeting Schedule for 2020 be adopted.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

Council Snapshot October 2019

236

RESOLVED on the motion of Councillors Strassberg and Brooks-Horn that the report be received and noted.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

 CLOSE

 

The meeting closed at 9:13pm                                                                   

 

Confirmed at the Ordinary Council Meeting of 2 December 2019, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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