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Postal Address

Shropshire Council
Shirehall
Abbey Foregate
Shrewsbury
Shropshire
SY2 6ND

Agenda and minutes

Council
Thursday, 16th May, 2019 10.00 am

Venue: Council Chamber, Shirehall, Abbey Foregate, Shrewsbury, SY2 6ND

Contact: Julie Fildes  Committee Officer

Items
No. Item

1.

Election of Speaker and Vice Chairman

To elect a Speaker and Vice Chairman for the ensuing year.

Minutes:

The Chairman, Councillor A Hartley, took the Chair for this item and called for nominations for the election of Speaker and Vice Chairman of the Council.

 

Proposed by the Leader, Councillor P Nutting and seconded by the Deputy Leader, Councillor S Charmley, that Councillor V Hunt be elected Speaker and Vice Chairman of Shropshire Council for the 2019/20 municipal year.

 

RESOLVED:

 

That Councillor V Hunt be elected as Speaker and Vice Chairman of the Council to hold office until the Annual meeting of the Council scheduled to be held on 14 May 2020.

 

The Speaker then took the Chair and subscribed his Declaration of Acceptance of Office before being invested with the badge of office.

 

The Chief Executive then informed the Council that he had just received the formal resignation of the Chairman and Deputy Speaker, Councillor A Hartley, with immediate effect, thus enabling her to remain in the Chamber and vote in the event of her nomination for the office of Chairman and Deputy Speaker.

2.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors G Dakin, P Dee, S Davenport, R Gittings, T Huffer, R Hughes, H Kidd, N Laurens, J Mackenzie, and Winwood.

3.

Election of Chairman and Deputy Speaker

To elect a Chairman and Deputy Speaker for the ensuing year.

Minutes:

It was proposed by the Leader, Councillor P Nutting and seconded by the Deputy Leader, Councillor S Charmley that Councillor A Hartley be elected as Chairman and Deputy Speaker of the Council for the 2019/20 municipal year.

 

RESOLVED:

 

That Councillor A Hartley be elected Chairman and Deputy Speaker of the Council and hold office until the Annual meeting of the Council scheduled to be held on 14 May 2020.

 

The Chairman and Deputy Speaker then subscribed her Declaration of Acceptance of Office and was invested with Chairman’s badge of office.

4.

Disclosable Pecuniary Interests

Members are reminded that they must not participate in the discussion or voting on any matter in which they have a Disclosable Pecuniary Interest and should leave the room prior to the commencement of the debate.

Minutes:

Members were reminded that they must not participate in the discussion or voting on any matter in which they have a Disclosable Pecuniary Interest and should leave the room prior to the commencement of the debate.

5.

Minutes - 28 February 2019 pdf icon PDF 117 KB

To approve as a correct record the minutes of the previous meeting held on 28February 2019.

 

Contact: Julie Fildes            Tel 01743 257723

Minutes:

RESOLVED:

 

That, subject to the addition of Councillor K Roberts being shown as present, the Minutes of the meeting held on 28 February 2019, as circulated with the agenda papers, be approved and signed as a correct record.

6.

Announcements

To receive such communications as the Chairman, Speaker, Leader and Head of Paid Service may desire to lay before the Council.

Minutes:

Chairman’s Engagements

 

The Chairman referred Members to the list of official engagements carried out by herself and the Speaker since the last meeting of the Council on 28th February 2019, which had been circulated at the meeting.

 

With sadness, the Chairman announced the death of former Councillor Amy Liebich and extended the Council’s condolences to Councillor J Mackenzie and Councillor T Parsons.  Council stood for a one-minute silence in memory of the late Amy Liebich.

 

Congratulations were extended to Councillors M Pate and C Mellings on each achieving 30 years’ service as Elected Members of the Council.

 

The Chairman presented the Chairman and Clerk of Welshampton and Lyneal Parish Council with the National Association of Local Government Local Council Quality Gold Standard Award.  The first Parish Council in the County to attain the Quality Gold Standard in the Scheme. 

7.

Public Questions

To receive any questions from the public, notice of which has been given in accordance with Procedure Rule 14.

 

1. A petition, bearing over 1000 signatures has been received from Joanna Blackman on behalf of the eXtinction Rebellion Shrewsbury campaign group, requesting a debate under the Council’s Petition Scheme. The petition requests that the Council:

 

i)     Declare a climate emergency and immediately halt any new policies and projects likely to make the situation worse.

ii)    Work together with other local authorities and government to agree and implement a UK-wide plan to reduce carbon emissions to zero by 2025.

 

2. A petition, bearing over 1000 signatures has been received from Kerry Owen, Area Manager of Hazles Farm Childcare, requesting a debate under the Council’s Petition Scheme on the Sunflower House Day Nursery Closure.

 

Each petitioner will be allowed 5 minutes to outline their case, after which there may be a debate of up to a maximum of 15 minutes.

 

 

 

Minutes:

The Speaker, Councillor V Hunt advised that for reasons of continuity he intended to bring forward Agenda item 14, Motions, for consideration immediately after Agenda item 7, Public Questions.

 

Petitions

 

1. The Speaker advised that a petition, bearing over 1000 signatures has been received from Kerry Owen, Area Manager of Hazles Farm Childcare, requesting a debate under the Council’s Petition Scheme on the Sunflower House Day Nursery Closure.  Ms Owen was given 5 minutes to open the debate and outline her case.  The key points were highlighted as:

 

·      The nursery had been located in its current premises for 15 years, and was well established and supported by the local community;

·      It had an excellent reputation for the provision of quality child care;

·      A suitable alternative location would be difficult to find;

·      96 children currently on the register would be left without access to full day care; and

·      Early years education was important for children’s development and should be supported by the Council.

 

A debate ensued, and the following members spoke in support of the key points made by the petitioners: Councillors K Pardy, D Carroll, H Fraser, L Picton, and A Mosley.  Members observed that the Sunflower House Nursery was recognised as a well-run childcare provider and its closure would impact on the local community as well as the children, families and staff directly affected by its closure. 

 

In formally responding to the petition the Portfolio Holder for Children’s Services, Councillor Ed Potter, commented that the Local Authority had wide ranging responsibilities for a high number of troubled families.  Sunflower House had been identified as the only suitable building in the area for the location of the multiagency services.  The nursery had been given six months’ notice that the contract would end to enable it to find suitable new premises and assistance had been offered to do this. 

 

2. The Speaker advised that a petition bearing more than 1,000 signatures requesting that a climate emergency be declared and any new policies and projects likely to make the situation worse be halted, and that Shropshire Council work together with other local authorities and government to implement a UK-wide plan to reduce carbon emissions to zero by 2025, had been received from Joanna Blackman on behalf of the eXtinction Rebellion Shrewsbury campaign group, requesting a debate.  Mr Adam Ship was given 5 minutes to open the debate and outline his case.  The key points were highlighted as:

 

·      Better environmental regulations were needed;

·      Climate change posed a threat to human survival;

·      Unless action was taken immediately, children would not have a future;

·      Governments proposal to be zero carbon by 2040 was not soon enough;

·      Melting icecaps and fires on the Yorkshire Moors in February were evidence of the deteriorating climate;

·      Transport in Shropshire should be carbon neutral; and

·      1 million species were at risk of extinction unless action was taken.

 

A debate ensued, and the following members spoke in support of the key points made by the petitioners: Councillors A Boddington, H Fraser,  ...  view the full minutes text for item 7.

8.

Motions

The following motions have been received in accordance with Procedure Rule 16:

 

Motion 1

 

The following motion has been received from Councillor Alan Mosley on behalf of the Labour Group.

 

“That this Council welcomes the setting up of a task and finish group to examine the Council’s response to Climate Change following the motion adopted by Council on 13th December and we also affirm our commitment to:

 

           Carbon Emission Appraisals being attached to all reports,

           The designation of a Director level Carbon Champion,

           The creation of a Climate Action Partnership of stakeholders and the wider community.

 

However, given the conclusions of the IPCC and more recent scientific research findings we believe that Shropshire Council should be more active in its role in providing local leadership and as an organisation meeting rigorous carbon reductions targets.

 

Therefore, this Council declares that there is a Climate Emergency and calls upon the Cabinet to bring forward proposals within the current calendar year to ensure that all operations within the Councils control are Carbon Neutral by 2030.

 

Furthermore, we resolve to provide advice, support and encouragement, however possible, to county-wide public, business and charitable organisations to adopt similar policies and practices.”

 

Motion 2

 

The following motion has been received from Councillor Julian Dean and supported by Councillors Pauline Dee, Roger Evans, Andy Boddington and David Vasmer.

Since our meeting in December the UK has seen two further periods of records temperatures, in February and over Easter; the Chancellor of the Exchequer has said he would adopt the Committee on Climate Change advice to end the use of fossil fuel heating systems in new homes from 2025; thousands have joined protests and school strikes to draw our attention to the nature of the crisis we face and the Environment Secretary Michael Gove has admitted that the Government has ‘not done nearly enough’ to tackle climate change.

In the light of these continuing developments, we agree that Shropshire Council should add its voice to those of Shrewsbury and Oswestry Town Councils - amongst the 87 local authorities in the UK alone (as of end of April) - by declaring a Climate Emergency.

We welcome the allocation of Climate Change to the portfolio of a Cabinet member.

It is with regret that we recognise that the task and finish group recommendations are not likely to reach cabinet before late September and that this means that subsequent policies are not likely to reach full council until December, a full year since we agreed to call for proposals on this matter.  Without pre-empting any recommendations from the carbon emissions task and finish group, we urge the Cabinet to make clear to senior staff that measures and policies should be developed that duly recognise the nature of the emergency. We call on senior officers to ensure that staff are enabled to work effectively and collaboratively and with due time allocated to develop such measures and policies.

We instruct Cabinet to come forward with recommendations and targets for Council,  ...  view the full agenda text for item 8.

Minutes:

Motion 1

 

The following motion was proposed by Councillor A Mosley and duly seconded by Councillor T Parsons:

 

That this Council welcomes the setting up of a task and finish group to examine the Council’s response to Climate Change following the motion adopted by Council on 13th December and we also affirm our commitment to:

·      Carbon Emission Appraisals being attached to all reports,

·      The designation of a Director level Carbon Champion,

·      The creation of a Climate Action Partnership of stakeholders and the wider community.

 

However, given the conclusions of the IPCC and more recent scientific research findings we believe that Shropshire Council should be more active in its role in providing local leadership and as an organisation meeting rigorous carbon reductions targets.

 

Therefore, this Council declares that there is a Climate Emergency and calls upon the Cabinet to bring forward proposals within the current calendar year to ensure that all operations within the Councils control are Carbon Neutral by 2030.

 

Furthermore, we resolve to provide advice, support and encouragement, however possible, to county-wide public, business and charitable organisations to adopt similar policies and practices.”

 

On being put to a recorded vote the preposition was not carried with 23 Members voting for, 37 Members voting against and 0 abstentions as follows:

 

FOR (23)

 

Cllrs A Boddington, K Calder, L Chapman, T Clarke, J Dean, R Evans, H Fraser, N Green, K Halliday, N Hartin, R Huffer, I Jones, C Mellings, P Moseley, A Mosley, K Pardy, V Parry, T Parsons, R Tindall, D Tremellen, K Turley, D Turner, and D Vasmer.

 

AGAINST (37)

 

Cllrs P Adams, R Aldcroft, N Bardsley, J Barrow, T Biggins, E Bird, G Butler, D Carroll, S Charmley, D Evans, S Harris, A Harley, N Hignett, V Hunt, M Jones, S Jones, C Lea, E Lynch, R Macey, D Minnery, D Morris, C Motley, P Mullock, P Nutting, W Parr, M Pate, A Phillips, L Picton, J Price, E Potter, K Roberts, M Shineton, C Wild, B Williams, M Wood, T Woodward and P Wynn.

 

RESOLVED:

 

That the Notice of Motion be not supported.

 

 

Motion 2

 

Councillor J Dean withdrew this motion.

 

 

Motion 4

 

The following motion was proposed by the Portfolio Holder for Adult Services and Climate Change, Councillor D Carroll and duly seconded by the Leader, Councillor P Nutting:

 

This Council believes that Climate Change presents a serious threat to humanity with the potential impacts on weather systems and biodiversity being catastrophic if allowed to continue to increase unchecked. Although small contributors to the climate picture, local authorities do have an important role to play domestically in encouraging behaviour changes that will help to reduce emissions both locally and further afield. We also have responsibility for our own emissions as an organisation and a Corporate Carbon Reduction Strategy is being developed, a draft of which has recently been presented to the Place Overview & Scrutiny Committee, which is aimed at reducing the Council’s carbon footprint. To further those aims a cross-party Task & Finish Group on  ...  view the full minutes text for item 8.

9.

Returning Officer's Report pdf icon PDF 56 KB

Report of the Returning Officer is ATTACHED.

 

Contact: Claire Porter   Returning Officer            Tel 01743 252763

Minutes:

It was proposed by the Speaker, Councillor V Hunt, and seconded by the Chairman, Councillor A Hartley that the report be received and noted.

 

RESOLVED:

 

That the contents of the report be noted that on Thursday 25th April 2019, Ms Mary Kate Halliday was elected as Councillor to represent the Belle Vue Electoral Division.

10.

Constitution of Committees and the Allocation of Seats to Political Groups pdf icon PDF 69 KB

To agree the constitution of Committees and the allocation of sears between political groups.

 

Report of Director of Legal and Democratic Services.  REPORT ATTACHED, Appendix 2 to the report TO FOLLOW

 

Contact:  Claire Porter   Director of Legal and Democratic Services  Tel: 01743 252763

Additional documents:

Minutes:

It was proposed by the Speaker, Councillor V Hunt and seconded by the Chairman, Councillor A Hartley, that the report, a copy of which is attached to the signed minutes and the recommendations contained therein, be received and agreed.

 

RESOLVED:

 

That the constitution of committees and the allocation of seats to each of the political groups for the 2019/2020 municipal year and the allocation of seats between the political groups, as set out in Appendices 1 and 2 of the report, be confirmed, as follows:

 

 

HEALTH AND ADULT SOCIAL CARE OVERVIEW AND SCRUTINY COMMITTEE (10)

 

Conservative Group

Labour Group

Liberal Democrat Group

Independent Group

1. Karen Calder

2. Roy Aldcroft

3. Gerald Dakin

4. Simon Harris

5. Simon Jones

6. Paul Milner

1. Kate Halliday

1. Tracey Huffer

2. Heather Kidd

 

1. Madge Shineton

TOTAL – 6

TOTAL - 1

TOTAL - 2

TOTAL - 1

 

Substitutes

 

Conservative Group

Labour Group

Liberal Democrat Group

Independent

Group

1. Claire Aspinall

2. Nick Hignett

3. Roger Hughes

4. Elliott Lynch

5. John Price

6. Keith Roberts

1. Pam Moseley

1. Vivienne Parry

2. Roger Evans

1. Dave Tremellen

TOTAL - 6

TOTAL - 1

TOTAL - 2

TOTAL – 1

 

 

PERFORMANCE MANAGEMENT SCRUTINY COMMITTEE (10)

 

Conservative Group

Labour Group

Liberal Democrat Group

Independent

Group

1. Claire Wild

2. Joyce Barrow

3. Karen Calder

4. Cecilia Motley

5. Peggy Mullock

6. Les Winwood

1. Alan Mosley

1. Roger Evans

2. Hannah Fraser

1.Dave Tremellen

TOTAL – 6

TOTAL - 1

TOTAL - 2

TOTAL - 1

 

Substitutes

 

Conservative Group

Labour Group

Liberal Democrat Group

Independent Group

1. Simon Harris

2. Mark Jones

3. Christian Lee

4. Dan Morris

5. William Parr

6. Vince Hunt

1.

1. Heather Kidd

2. David Vasmer

1. Kevin Turley

TOTAL – 6

TOTAL - 1

TOTAL - 2

TOTAL - 1   

 

 

COMMUNITIES OVERVIEW COMMITTEE (10)

 

Conservative Group

Labour Group

Liberal Democrat Group

Independent Group

1. Cecilia Motley

2. Nick Hignett

3. Rob Gittins

4. Roger Hughes

5. Keith Roberts

6. Les Winwood

7. Tina Woodward

1. Ted Clarke

1. Viv Parry

2. Nigel Hartin

-

TOTAL - 7

TOTAL - 1

TOTAL - 2

TOTAL - 0

 

Substitutes

 

Conservative Group

Labour Group

Liberal Democrat Group

Independent Group

1. Roy Aldcroft

2. David Evans

3. Christian Lea

4. Matt Lee

5. Elliott Lynch

6. Brian Williams

7. Michael Wood

1.

 

1. Andy Boddington

2. Chris Mellings

 

-

TOTAL - 7

TOTAL - 1

TOTAL - 2

TOTAL - 0

 

 

PLACE OVERVIEW COMMITTEE (10)

 

Conservative Group

Labour Group

Liberal Democrat Group

Independent Group

1. Joyce Barrow

2. Rob Gittins

3. Simon Harris

4. Paul Milner

5. Dan Morris

6. William Parr

7. Paul Wynn

1. Pam Moseley

 

1. Andy Boddington

1.Julian Dean

TOTAL – 7

TOTAL - 1   

TOTAL - 1

TOTAL - 1

 

Substitutes

 

Conservative Group

Labour Group

Liberal Democrat Group

Independent

Group

1. Clare Aspinall

2. Gerald Dakin

3. Mark Jones

4. Simon Jones

5. Matt Lee

6. Tina Woodward

7. Roy Aldcroft

1. Tony Parsons

1.  ...  view the full minutes text for item 10.

11.

Scheme of Delegation

To resolve that the Responsibility for Functions, set out in Part 3 of the Constitution and the Scheme of Delegations, set out in Part 8 of the Constitutions be agreed.

 

Please copy and paste the links below into your browser bar to access Part 3 and 8 of the Constitution

Part 3:   http://shropshire.gov.uk/committee-services/documents/s18335/Part%203%20Responsibility%20for%20Functions.pdf

Part 8:   http://shropshire.gov.uk/committee-services/documents/s19382/Part%208%20Delegations%20to%20Officers.pdf

 

Contact:  Claire Porter, Director of Legal and Democratic Services   Tel 01743 252763

Minutes:

It was proposed by the Speaker, Councillor V Hunt and seconded by the Chairman, Councillor A Hartley and

 

RESOLVED:

 

That the Responsibility for Functions, set out in Part 3 of the Constitution and the Scheme of Delegations set out in Part 8 of the Constitution, be agreed.

12.

Proposed Changes to the Number of Planning Committees pdf icon PDF 158 KB

To consider the number of Planning Committees for Shropshire Council.  REPORT ATTACHED

 

Contact: Mark Barrow    Director of Place           Tel 01743 258671

Minutes:

It was proposed by the Portfolio Holder for Communities, Place Planning and Regulatory Services, Councillor G Butler and seconded by the Deputy Leader, Councillor S Charmley that the report of the Director of Place, a copy of which is attached to the signed minutes and the recommendations contained therein be received and agreed.

 

Members raised concerns regarding lack of local representation leading to the risk of poor decisions being made due to lack of local knowledge.  Councillor K Calder observed that during the transition period prior to the establishment of the unitary council there had been only one planning committee and it had made good objective decisions based on policy.  She continued that all local Members had the right to address the Planning Committee and provide any relevant information before the decision regarding any application was made. 

 

Councillor R Evans proposed that the decision be deferred to enable the establishment of a Task and Finish Group to consider the reduction and its findings reported to the July meeting of Council.  On being put to the vote this amendment was lost.   

 

Members expressed concerns regarding the larger geographical area of each committee leading to increased travel times and distances for site visits and the increased environmental impact of this. The Portfolio Holder for Communities, Place Planning and Regulatory Services suggested that technology may be available in the future to reduce the number of site visits required and this should be explored. 

 

RESOLVED:

 

i.      That the number of Area Planning Committees be reduced from three to two, one covering Shrewsbury town and the north, the other covering the south of the county to provide an even business split overall between the two area committees.

 

ii.    That these changes be implemented to take effect from 1st September 2019 and the performance of a two committee model be reviewed through scrutiny in two years from the date of implementation.

13.

Shrewsbury North West Relief Road - DfT Programme Entry pdf icon PDF 372 KB

To receive an update on the progress towards a recently confirmed funding offer for the Shrewsbury North West Relief Road following submission of an outline business case under the Department of Transports Large Local Majors funding programme. REPORT TO FOLLOW

 

Contact:  Mark Barrow   Director of Place                       Tel. 01743 258671

Additional documents:

Minutes:

It was proposed by the Leader, Councillor P Nutting and seconded by the Deputy Leader, Councillor S Charmley, that the report of the Director of Place, a copy of which is attached to the signed minutes and the recommendations contained therein be received and agreed.

 

Members noted that the Government contribution to the project was capped and the Council had responsibility for any overspend.  The Leader, Councillor P Nutting, clarified that this was a capital project not a revenue project, and further avenues for funding were being explored with the Marches Local Enterprise Partnership [LEP] and other funding bodies.  He continued that there was an expectation that the road would allow access to new land for development which would possibly increase revenue receipts.

 

A request for a recorded vote received insufficient support.

 

RESOLVED:

 

i)          That the Council’s Programme Entry into the LLM be confirmed, taking forward previous Council endorsement of this under the submission of the completed OBC to DfT December 2017.

 

ii)         That the Director of Finance, Governance and Assurance (s151 Officer) be authorised to sign the DfT funding offer dated 21st March 2019 thereby agreeing to accept the full terms and conditions detailed therein as per Appendix 2.

 

iii)        That the programme development responsibility and spend in line with the submitted OBC, up to Full Business Case submission, and Project Programme and financial profile (as more fully set out in paragraphs 5.1 and 6.3 of the report) be delegated to the Executive Director of Place in consultation with the Portfolio Holder for Highways and Transport.

 

iv)       that it be noted that a further report will be brought back to Council, to identify the agreed mechanism by which the Council’s funding will be obtained and allocated as part of the approval of the Full Business Case submission.

14.

Dates of Council Meetings 2019/20

To agree that the meetings of Council in 2019/20 will be held on the following Thursdays, commencing at 10.00am:

 

25 July 2019

19 September 2019

12 December 2019

27 February 2020

14 May 2020

 

Minutes:

It was proposed by the Speaker, Councillor V Hunt and seconded by the Chairman, Councillor A Hartley that the programme of meetings of Council in 2019/20 be approved, all meetings held on a Thursday and commence at 10.00am.

 

RESOLVED:

 

That the Council meeting dates for 2019/20 be approved, as follows:

 

·      25 July 2019

·      19 September 2019

·      12 December 2019

·      27 February 2020

·      14 May 2020

15.

Report of the Shropshire and Wrekin Fire and Rescue Authority pdf icon PDF 114 KB

To receive the report of the Shropshire and Wrekin Fire and Rescue Authority arising from its meeting held on 24th April 2019.  REPORT ATTACHED

Minutes:

It was proposed by Councillor K Robertsand seconded by Councillor P Adams that the report of the Shropshire and Wrekin Fire and Rescue Authority, a copy of which is attached to the signed minutes, be received and noted.

 

RESOLVED: 

 

That the report of the Shropshire and Wrekin Fire and Rescue Authority arising from its meeting of 24th April 2019, be noted.

16.

Questions from Members pdf icon PDF 53 KB

To receive any questions from Members, notice of which has been given in accordance with Procedure Rule 15.2.

Minutes:

The Speaker advised that one question had been received in accordance with Procedure Rule 15. A copy of the report containing the full text of the question and formal response is attached to the signed Minutes of the meeting.

 

Received from Councillor K Pardy and answered by the Portfolio Holder for Housing and Strategic Planning, Councillor R Macey, in relation to fire safety in the home.

 

By way of a supplementary question Councillor K Pardy asked if the Portfolio Holder agreed that sprinkler systems saved lives.  The Portfolio Holder for Housing and Strategic Planning, Councillor R Macey agreed that they did.

17.

Exclusion of the Public and Press

To resolve that, in accordance with the provisions of Schedule 12A of the Local Government Act 1972 and Paragraph 10.4 (3) of the Council’s Access to Information Rules, the public and press be excluded from the meeting during consideration of the following item.

Minutes:

RESOLVED:

 

That in accordance with the provisions of Schedule 12A of the Local Government Act 1972, and Paragraph 10.4(3) of the Council’s Access to Information Procedure Rules, the public and press be excluded during consideration of the following item.

18.

Exempt Minutes

To approve as a correct record the exempt minutes of the previous meeting held on 28th February 2019 attached.

 

Contact Julie Fildes             Tel 01743 257720

Minutes:

RESOLVED:

 

That the exempt Minutes of the Council meeting held at 10.00am on 28th February 2019 be approved as a correct record and signed by the Speaker.

 

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