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Agenda and minutes

Venue: Council Chamber, Civic Offices Angel Street Bridgend CF31 4WB. View directions

Contact: Andrew Rees  Senior Democratic Services Officer - Committees

Items
No. Item

85.

Minutes' Silence

Minutes:

The Mayor referred with sadness to the recent death of Mr Carl Sargeant, Assembly Member and requested Members observe a minutes’ silence.

 

All present stood in silence in tribute.   

86.

Declarations of Interest

To receive declarations of personal and prejudicial interest from Members/Officers in

accordance with the Members’ Code of Conduct adopted by Council from 1 September 2008. 

Minutes:

The following Declaration of Interest was made:

 

Councillor JC Spanswick declared – Agenda item 15 – Notice of Motion, personal interest as an employee of Rhondda Cynon Taf County Borough Council and one of the offices responsible for implementing the Public Spaces Protection Order. 

 

All members of the Corporate Management Board, the Group Manager Development and Operational Manager Enterprise & Specialist Services with the exception of the Chief Executive declared a personal interest in agenda item 7 – JNC Pay Structure and withdrew from the meeting during consideration thereof.  

87.

Approval of Minutes pdf icon PDF 133 KB

To receive the minutes of a meeting of Council of 1 November 2017

Minutes:

RESOLVED:           That the minutes of the meeting of Council of 1 November 2017 be approved as a true and accurate record.  

88.

To receive announcements from:

 (i) Mayor (or person presiding)

(ii) Members of the Cabinet

(iii) Chief Executive

(iv) Monitoring Officer

Minutes:

The Mayor

 

The Mayor announced with sadness that she had been informed that Councillor Pucella’s grandson, Luca had recently passed away.  She stated that she had sent a letter of condolence to Councillor Pucella and his family.  

The Mayor announced that she and her Consort had the pleasure of opening a new residential care home in North Cornelly called the Morgana Court and Lodge.  She and the Consort were taken on a tour and were amazed at the new ideas that had been incorporated into the site to stimulate clients with Dementia.  She stated that music was being played in a bar which looked like a local public house, a bus stop in the corridor with a bench, telephone box and post box.  There was also a room with a television screen showing moving country side and had people waving from the fields.  With all of the sights and sounds in the room it resembled being on a train, which provided a fantastic way to stimulate memories and a great way of remembering for the residents.

The Mayor informed Council that she recently had the honour of attending the Bridge FM Young Achiever Awards.  This impressive event celebrated the young people from around the county borough and recognised their achievements in business, training, education, arts, music and voluntary work.  She stated that it was heartening to meet so many young people who are actively making a positive contribution to our communities.

The Mayor announced that November is when the nation remembers and honours those who have sacrificed themselves to secure and protect our freedom.  She had represented the Authority at the Remembrance Sunday event held in Bridgend where the Mayor and Consort marched in the parade and laid a wreath on behalf of the Council and its residents.  They also attended events which supported armed forces including the a concert for Help for Heroes which had incredible Choirs and Bands and the Royal British Legion Concert held in Maesteg Town Hall which was very touching.

The Mayor also announced that she had the pleasure of attending two events with the South Wales Fire and Rescue Service.  The first was at Fire Brigade Headquarters in Llantrisant for the presentation of Long Service and Good Conduct medals for personnel who had served between 20 and 42 years.  They also had the pleasure of meeting the dedicated staff and Officers who work as retained Firemen at Porthcawl Fire Station, who demonstrated the rescue tender and its extraction equipment before also demonstrating a simulated road traffic collision.  She stated that i was clear to see that they all worked as a team and were extremely proud of the Fire Service.

The Mayor also announced she and the Consort had been invited to Swansea University to celebrate the Life of the late Rhodri Morgan.  His brother described a picture of the ‘true’ Rhodri with AMs and other’s in academia sharing some of the stories when they worked together.  It was very inspiring and showed what  ...  view the full minutes text for item 88.

89.

To receive the report of the Leader

Minutes:

The Leader advised Members of the recent response he had received from the Chair and Chief Executive of Cwm Taf University Health Board regarding the Council’s concerns about the potential impact of proposed boundary changes.  He stated they had offered a number of assurances in the event that the changes go ahead, which highlighted the following:

 

·They are committed towards maintaining and improving health services for local people, and also to the outcome of the South Wales Programme.

 

·  The forthcoming consultation is solely about the organisational boundary. Any service changes would require a separate public consultation process in line with regulatory frameworks.

 

·  Current Cwm Taf hospital waiting times are lower than they are in the ABMU area. In the event the Princess of Wales becomes part of Cwm Taf UHB, the focus will be firmly fixed on bringing PoW waiting times in line with this.

 

·  No service reductions are planned for the PoW.

 

·  Cwm Taf intended to work with ABMU to ensure service sustainability across all sites.

 

·Cross-boundary access to treatment and inter-regional services will continue.

 

·  While patient pathways may be reviewed at a later date, it will only occur if it improves the accessibility and quality of care, and demonstrates clear benefits for patients.

 

·As regards Maesteg Community Hospital, the response admitted that Cwm Taf are currently unfamiliar with the site and services, but stressed that the intention is to understand the whole of the community infrastructure over coming weeks.

 

·  While they could not comment specifically on the hospital, Cwm Taf has a track record of investing in community services and establishing community hospitals as cluster hubs which bring together primary, secondary and social care services together. This is certainly something they would seek to explore locally.

 

The Leader informed Members that the letter concludes by stating that Cwm Taf view proposed boundary changes as an opportunity to improve services across all three local authority areas, to share expertise and resources, and enhance patient experience and access to services.  He stated that both the Chief Executive and the Chair have also stressed that they will be happy to come and meet Members to answer questions and discuss any concerns directly, and he would bring further details about this as it develops.

 

The Leader also advised Members of a letter he had received from the Director General of the Universal Credit programme informing the authority that four main changes are to be made to the system once appropriate legislation has been approved.  He stated that the first change will enable short stays in temporary accommodation to be paid through housing benefit, and is intended to ease financial concerns expressed by local authorities.  The other changes all concern the first assessment period.

 

The letter also advised that the current waiting time of seven days is to be abolished, the transition time for anyone transferring across from Housing Benefit will be two weeks, and the period of repayment for new advances will be extended to 12 months to enable claimants to  ...  view the full minutes text for item 89.

90.

Interim Appointment - Head of Finance pdf icon PDF 49 KB

Minutes:

The Chief Executive sought approval to make an interim appointment to the role of Head of Finance and Section 151 Officer. 

 

The Chief Executive informed Council that the current post holder had tendered his resignation and his contract will end on 3 January 2018 and to enable him to review the current arrangements he proposed that an appointment process for an interim Head of Finance and Section 151 Officer be undertaken.  This would ensure there is sufficient leadership and management capacity and that financial decisions and timely advice is available during the absence of a permanent Section 151 Officer. 

 

He informed Council that the process for the appointment of an interim Head of Finance will involve sourcing suitably qualified and experienced candidates to undertake the role and would involve an officer interview panel, comprising the Chief Executive, outgoing Head of Finance and a representative of HR who will assess the abilities of the candidates.    

 

Members questioned the arrangements proposed by the Chief Executive as they had been involved in the previous appointment of Chief Officers and Heads of Service through the Appointments Committee.  Members also questioned the length of time it was proposed to have the interim appointment for.  The Chief Executive informed Council that this was the first time for an interim appointment to be considered in this way and that more formal arrangements are usually put in place for appointments.  He stated that consultation will take place with the Cabinet prior to an interim appointment being made.  He informed Council that the timescale for an interim appointment was for approximately 6 months, with the possibility of an extension beyond that.  He stated that it was not an easy market to make a permanent appointment for senior posts and that he would take the time during the interim appointment to review the structure of senior management.  He highlighted the importance of making an interim appointment in order to have continuity and due to the need to have a Section 151 Officer in post.  The Chief Executive also informed Council that as it was proposed to make an interim appointment, the JNC pay scales would not apply.  The appointment would be made on the basis of a fixed price and value for money would be a key consideration. 

 

The Leader undertook to consult with the Group Leaders on the interim appointment of the Head of Finance and Section 151 Officer. 

 

RESOLVED:            That Council delegated to the Chief Executive authority to undertake the recruitment and appointment of an interim Head of Finance and Section 151 Officer.                       

91.

JNC Pay Structure pdf icon PDF 69 KB

Minutes:

The Chief Executive sought approval to implement a new approach to senior management pay. 

 

He informed Council that the current JNC salary structure highlighted had been in existence since 2008.  The current structure has large gaps between the senior management tiers.  He stated that the current structure has resulted with an inability to be sufficiently flexible to position roles so that the Council can provide a remuneration package which can attract staff of the appropriate calibre.  It also limited the ability to succession plan and to allow for career progression.

 

He reported on a proposal to implement a more flexible senior manager pay scale which had the objective of addressing those concerns whilst enabling a targeted 20% reduction in senior management costs to the Council over the next two years, which equated to approximately £500,000 a year.  He stated this was expected to largely arise from staff turnover and consequent restructuring of the organisation and with the proposed pay structure in place the Council will be in a position to more ably respond to market forces.  No changes were proposed to be made to the NJC structure as part of this exercise.  The new JNC structure also proposed to be extended downwards to bridge the gap with that of the top end of the NJC scale.  He highlighted the proposed JNC pay structure which it was proposed would be in place by the end of the financial year.  Consultation will take place with the trade unions on the proposed changes to the JNC pay structure and notice of formal consultation issued to existing JNC post holders.  He informed Council that the proposals would be referred to the Independent Remuneration Panel for Wales to seek their agreement. 

 

RESOLVED:            That Council approved the new JNC pay structure with an effective date of 1 April 2018.                       

92.

2018-19 Council Tax Base pdf icon PDF 69 KB

Minutes:

The Section 151 Officer submitted a report, the purpose of which was to provide Council with details of the council tax base and estimated collection rate for 2018-19. 

 

He advised that the estimated council tax base for 2018-19 was 54,403.60 and the estimated collection rate was 98%.  The net council tax base was therefore 53,315.53.  He added that collection rates over the previous 3 years had been the highest achieved and the estimated collection rate in the last year was 97.6%, which was the highest collection rate ever achieved in this Authority. 

 

The Section 151 Officer advised Members that the authority does not write off Council Tax debt and will continue to collect historical debt.   

 

RESOLVED:                 That Council:

 

(1)  Approved the council tax base and collection rate for 2018-19, as shown in paragraph 4.1 of the report.

 

(2)  Approved the tax bases for the community areas set out in Appendix A to the report.

93.

Amendment to the Financial Procedure Rules Within the Council's Constitution pdf icon PDF 57 KB

Additional documents:

Minutes:

The Head of Finance and Section 151 Officer sought approval of proposed amendments to the Constitution which reflect changes to the Financial Procedure Rules (FPRs).  He stated that the FPRs had not been revised for a number of years, during which time new financial processes and procedures and legislation and guidance have come into effect. 

 

He informed Council that officers had reviewed the FPRs and had made changes relating to:

 

·         new rules regarding payment of consultants;

·         new methods of payment e.g. purchasing cards;

·         new policies and strategies  e.g. Grants Policy, Reserves and Balances Protocol, Anti-Fraud Bribery Policy.

 

He stated a further revision would need to take place to reflect legislative changes when the Data Protection Act will be replaced by the Data Protection Bill (which incorporates the General Data Protection Regulation).

 

A member of Council questioned the security in place on the use of purchasing cards.  The Head of Finance and Section 151 Officer commented that purchasing cards are only available to authorised officers.  Cards have credit limits and all spend on the cards have to be authorised by line managers.  The use of purchasing cards is reviewed by officers from Finance and Procurement and there are rigorous controls in place governing their use.  He informed Members that the Council gains a rebate from the use of purchasing cards and he undertook to provide Members with details of the rebate.

 

RESOLVED:                That Council approved the amendments to the Financial Procedure Rules and consequently approved the updated Constitution.                

94.

2017 Annual Monitoring Report for the Bridgend Local Development Plan 2006 - 2021 pdf icon PDF 83 KB

Additional documents:

Minutes:

The Group Manager Development reported on the findings of the Local Development Plan 2017 Annual Monitoring Report (AMR) and sought approval that the Development Control Committee takes on the role of the LDP Steering Group. 

 

The Group Manager Development informed Members that the report is the 3rd such report that has been produced since the LDP was adopted in 2013.  He stated that the LDP is one of the high level strategies which must be prepared by the Council which sets out in land use terms the Council’s priorities but also must be in conformity with national policy and regulations.  The plan is evidence based and involves considerable consultation and independent scrutiny.  The Council has a statutory duty to keep all matters under review that are expected to affect development within its area and Section 76 of the Planning and Compulsory Purchase Act 2004 requires these matters be expressed in the form of an Annual Monitoring Report for submission to Welsh Government.  He informed Council that the AMR is essentially a ‘Health Check’ of the LDP, determining how effective it has been in meeting the objectives of the plan and whether the development strategy that underpins the plan remains valid.  The AMR also considers how contextual changes, such as the state of the economy and national and regional influences and changes to legislation may also have influenced the success or validity of the Plan.  He highlighted some of the ‘key findings’ from the 2017 data analysis for the period 1st April 2016 to 31st March 2017 are:-

 

•             4978 new dwellings have been completed during the plan period up to 2017 – 1150 have been affordable.

 

•             The Council has a housing land supply assessed against the housing requirement of the LDP of 4.0 years, which is below the 5 year minimum requirement.

 

•             During the monitoring period 1.4 hectares of vacant employment land was developed, which is substantially below the LDP’s proposed take up of 6.3 hectares per annum.

 

•             In determining how successful the LDPs Regeneration-Led Spatial development strategy has been, the LDP identifies 4 Strategic Growth areas at Bridgend, the Valleys Gateway, Maesteg and Porthcawl. Monitoring of implementation of housing and employment allocations shows that the Bridgend and Valleys Gateways strategy areas have been very successful in terms of delivery but that Maesteg and Porthcawl Growth Areas have underperformed.  This underperformance is largely attributed to issues of viability in Maesteg and land ownership issues in Porthcawl where the wider Porthcawl Waterfront Regeneration Area has failed to deliver the anticipated levels of growth. 

 

•             Vacancy Rates within our town centres are 17.7% in Bridgend, 4.9% in Porthcawl and 6.0% in Maesteg.  In this context Bridgend Town Centre Vacancy Rate is higher than the LDP target of 15%.

 

•             In terms of monitoring the need to provide a permanent or transit Gypsy and Traveller Site this has been determined by updated evidence contained in the recent Gypsy and Traveller Accommodation Survey.  The survey shows that there is no  ...  view the full minutes text for item 94.

95.

Departure From Development Plan - Planning Application P/17/585/FUL pdf icon PDF 86 KB

Additional documents:

Minutes:

The Group Manager Development reported that the Development Control committee at its meeting on 9 November 2017 considered planning application P/17/585/FUL as a departure from the Local Development Plan.  He stated that the Committee resolved not to refuse planning permission and the application referred to Council requesting that it approve the application subject to conditions.

 

The Group Manager Development reported that the application seeks retrospective consent for a physiotherapy clinic and studio within an existing industrial unit.  The application site is located within Bridgend Industrial Estate which is allocated and protected for employment uses falling within uses B1, B2 and B8 employment uses by policies REG1(2) and REG2 of the adopted Bridgend Local Development Plan (LDP).  He informed Council that the site had recently been vacated by South Wales Police who used the area as B1 office space.  The site was now being utilised by the applicant as a physiotherapy studio and clinic without the benefit of planning permission. 

 

He informed Council that the application is a resubmission of a previous application for the “change of use from an ancillary office to Class D1 (physiotherapy clinic)” under planning reference P/17/44/FUL and was refused on 24 April 2017. 

 

RESOLVED:            That Council is minded not to refuse the development and the Corporate Director Communities be given plenary powers to issue a decision notice in respect of this proposal subject to the conditions contained in the report of the Corporate Director Communities. 

96.

Elected Member Learning & Development Strategy pdf icon PDF 73 KB

Additional documents:

Minutes:

The Corporate Director Operational and Partnership Services sought approval of the Elected Member Learning and Development Strategy.

 

He stated that a desktop review of the Strategy had been undertaken to ensure that it is fit for purpose and updated to reflect a number of factors which have changed since the approval of the original Strategy.  He informed Council that newly elected Members have indicated that changes are needed in the delivery of Member Development Activities and it was proposed to divide the Strategy into the following 5 phases: Administration; the Essentials; the Core Functions; Identifying the needs of the individual Councillors and Continuing Development. 

 

He reported on a proposal that the Democratic Services Committee categorise member development topics as follows: Essential; Recommended and Optional.  He also informed Council of a proposal to make greater use of e-learning facilities to be incorporated into the member development programme. 

 

RESOLVED:            That Council approved the Elected Member Learning & Development Strategy. 

97.

Information Reports for Noting pdf icon PDF 50 KB

Additional documents:

Minutes:

The Corporate Director Operational and Partnership Services presented a report, the purpose of which was to inform Cabinet of the Information Reports which had been published since the last meeting.

 

RESOLVED:            That Council acknowledged publication of the documents listed in the report:-

                               

Title                                                     Date Published

 

Urgent Delegated Decision                     23 November 2017 

 

Response to the Draft Report of the       23 November 2017  

Independent Remuneration Panel

For Wales 

98.

To receive the following Questions to the Cabinet pdf icon PDF 67 KB

 

(a)          Question from Councillor A Hussain to the Cabinet Member Wellbeing and Future Generations

Data from the British Pest Control Association (BPCA), identified that in 2015-16 Bridgend County Borough Council dealt with more rat problems per head than any other authority in Britain.  Last year Bridgend had a 4% reduction in the pest call out levels compared to other Authorities across the UK, which appears to be a step in the right direction.  However in recent weeks the number of rats seen across the County Borough appears to be increasing including in my own ward of Pen-y-fai.  Although many of these rat sightings are of dead rats, can the Cabinet Member explain what is being done to minimise the rat population across the County Borough and what steps are being taken to ensure that the health and wellbeing of the residents is not adversely impacted by the rat population.

(b)          Question from Councillor J Radcliffe to the Cabinet Member Social Services and Early Help 

 

“What assessment has the authority – either alone or as part of regional collaboration – made  (or intends to make) of the implications of the recent British Medical Journal research (http://bmjopen.bmj.com/content/7/11/e017722  ) on the link between social care cuts and mortality rates in care homes in England, and how will the authority use this research to inform budget planning and service design?”

 

Additional documents:

Minutes:

Question from Councillor A Hussain to the Cabinet Member Wellbeing and Future Generations

“Data from the British Pest Control Association (BPCA), identified that in 2015-16 Bridgend County Borough Council dealt with more rat problems per head than any other authority in Britain.  Last year Bridgend had a 4% reduction in the pest call out levels compared to other Authorities across the UK, which appears to be a step in the right direction.  However in recent weeks the number of rats seen across the County Borough appears to be increasing including in my own ward of Pen-y-fai.  Although many of these rat sightings are of dead rats, can the Cabinet Member explain what is being done to minimise the rat population across the County Borough and what steps are being taken to ensure that the health and wellbeing of the residents is not adversely impacted by the rat population?”

Response from the Cabinet Member Wellbeing and Future Generations

The opportunity to provide further information regarding the British Pest Control Association’s view that Bridgend County Borough Council dealt with more rat problems per head than any other authority in Britain in the year 2015-2016, is something that I’m sure members are keen to read. 

It should be noted that BPCA survey itself recognises limitations in comparing the Pest Control activity of different local authorities. Unlike 92% of authorities in the UK, Bridgend County Borough Council provides a free service for pests of public health significance, including rats. It is well documented that the introduction of pest control charges by a local authority reduces the number of treatments undertaken by the Council.   The figures produced by the BCPA are therefore likely to be a reflection of the pricing policy that Bridgend Council operates rather than a true comparison of the scale of rat problems in UK local Authorities.

It should also be noted that a significant number of UK local Authorities no longer provide any Pest Control Services and thus the BPCA survey does not include any information from those areas or from private Pest Control companies.

In light of this, and the fact that the BPCA have stated that their figures were incomplete, to describe Bridgend as having a particular problem is hugely unfair.  The British Pest Control Association’s view highlights both the sterling work that Bridgend County Borough Council are doing in relation to dealing with pests, as well as the fact that unlike most other local authorities, Bridgend County Borough Council still offers a free service which residents are engaging with.  Retaining this free service, amongst the background of financial cuts, is a positive step which prevents the health and wellbeing of the residents being adversely impacted by the rat population.

All of the pest related calls received relating to residential dwellings are referred to Mitie Pest Control, who are the Council’s contracted service provider.  During comparable periods in the last 4 years the number of pest related calls have remained at a consistent level, so I  ...  view the full minutes text for item 98.

99.

Notice of Motion Proposed by Councillor A Williams

 

“That Bridgend County Borough Council:

 

Recognises the public concern about dog fouling in the County Borough. 

 

Notes that dog fouling can have serious health implications, including toxocariasis which can cause infections leading to gangrene and amputations.

 

Applauds Rhondda Cynon Taf County Borough Council's efforts to implement new harder-hitting dog fouling rules through its Sort **IT Out! campaign.


Calls on Bridgend County Borough Council to immediately introduce a similar scheme which includes a Public Spaces Protection Order which would:

  • ban dog walking from all schools, children’s play areas and marked sports pitches maintained by the Council.
  • compel dog owners to keep a dog on a lead at all times at Council maintained cemeteries.
  • compel dog owners to clean up their dogs’ mess immediately and dispose of it properly.
  • compel dog owners? to carry means to pick up dog mess (i.e. bags) at all times.
  • compel dog owners to follow a direction from an authorised officer to put a dog on a lead.
  • empower authorised officers to levy an increased penalty on irresponsible dog owners who flout these rules”.?

 

Minutes:

Councillor A Williams proposed the following Notice of Motion.

 

“That Bridgend County Borough Council:

 

Recognises the public concern about dog fouling in the County Borough. 

 

Notes that dog fouling can have serious health implications, including toxocariasis which can cause infections leading to gangrene and amputations.

 

Applauds Rhondda Cynon Taf County Borough Council's efforts to implement new harder-hitting dog fouling rules through its Sort **IT Out! campaign.


Calls on Bridgend County Borough Council to immediately introduce a similar scheme which includes a Public Spaces Protection Order which would:

  • ban dog walking from all schools, children’s play areas and marked sports pitches maintained by the Council.
  • compel dog owners to keep a dog on a lead at all times at Council maintained cemeteries.
  • compel dog owners to clean up their dogs’ mess immediately and dispose of it properly.
  • compel dog owners? to carry means to pick up dog mess (i.e. bags) at all times.
  • compel dog owners to follow a direction from an authorised officer to put a dog on a lead.
  • empower authorised officers to levy an increased penalty on irresponsible dog owners who flout these rules”.?

The Notice of Motion was seconded by Councillor KJ Watts.

The Cabinet Member Communities expressed some sympathy with the sentiments of the Notice of Motion as action against dog fouling was one of the key pledges in the manifesto.  He stated that in order to implement a Public Spaces Protection Order as proposed in the Notice of Motion, significant public consultation will firstly have to take place.  He also commented that as the matter is a Cabinet function it would need address to explore all avenues open to the Council to bring forward robust measures in order to address the spirit of the original Notice of Motion and that a report be presented to a future meeting of Cabinet.  He also informed Council there would need to be engagement with key partners and the proposals would also need to be considered by Scrutiny.  

Councillor JP Blundell in seconding the proposal made by the Cabinet Member Communities commented that the implementation of a Public Spaces Protection Order would need to be financed.  Engagement would also need to take place with key partners in order to enforce such an Order and the experiences of other local authorities would had implemented Orders would need to be looked at. 

Having had those assurances from the Cabinet Member Communities, Councillor A Williams then withdrew the Notice of Motion, which was duly seconded by Councillor KJ Watts.

 

RESOLVED:            That the original Notice of Motion be withdrawn and that an amendment is made in that consultation take place to explore all avenues open to the Council to bring forward robust measures in order to address the spirit of the original Notice of Motion and that a report be presented to Cabinet due to it being a Cabinet function. There would need to be engagement with key partners and a report on the proposals be placed on the Scrutiny Forward Work  ...  view the full minutes text for item 99.

100.

Notice of Motion Proposed by Councillor DG Howells

 

“That Council resolves to engage with its workforce representatives/trade unions to implement a local Charter to protect individuals facing terminal illness”. 

Minutes:

This item was withdrawn. 

101.

Urgent Items

To consider any item(s) of business in respect of which notice has been given in

accordance with Part 4 (paragraph 4) of the Council Procedure Rules and which the person presiding at the meeting is of the opinion should by reason of special circumstances be transacted at the meeting as a matter of urgency. 

Minutes:

There were no urgent items. 

 

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