Eye On Modesto

Thoughts and observations about Modesto and Stanislaus County

Archive for the tag “corrupt business practices”

19 Oct 2012
5 Comments

Sign the Petition Against the Annexation of Salida by Modesto

Official seal of County of Stanislaus

Official seal of County of Stanislaus (Photo credit: Wikipedia)

By Emerson Drake

As most now know, Stanislaus County and Modesto have paid $30,000 each towards a study of the costs surrounding the possible annexation of Salida by Modesto.  After going to several meetings in Salida, from the Hammett Road Interchange meeting to a Salida MAC meeting,  it’s obvious most civically active Salidans are overwhelmingly against the annexation.  Unfortunately governments are seldom driven by what their constituents desire, rather, they are motivated by either special interest groups or political self-interest.

In this case it’s obvious it’s both.

Stanislaus County would like to get Salida onto someone elses checkbook.  Salida has a simple problem, they don’t have the tax base necessary for easy independence at this time.  In years past Modesto held the metaphorical gun to their head when it stole Costco and the rest of the stores on the north side of Kiernan from Salida in a water/sewer deal for the sales tax generated by these businesses.   The County has been careful to keep the small strip business parks lining North 99 for themselves too.

Now developers like Modesto Councilman Joe Muratore, who was caught with his finger in the Federal HUD/NSP2 money pie, are at it again.  Councilman Muratore, thru his company Benchmark Realty, is representing land owners in Salida, one being a current business partner, Stephen Endsley. At the same time the Councilman voted to move Modesto a step closer to the annexation of Salida. See it’s easier to control development if you have friends on the Planning Board and are a Councilman.  Modesto already has 5,700 acres in their sphere of influence to develop but that isn’t enough according to Modesto politicians and their political donors.

At a recent City and County liaison meeting we once again heard the term developers love, when the phrase “low hanging fruit’ was used several times when referring to Salida. 

Most  Salidans say ENOUGH IS ENOUGH

An online petition has been created for Salidans, Modestans, and indeed ALL citizens of the county to sign to register their concerns.  I invite everyone who wants to help David from being devoured by Goliath, to sign and let their thoughts be known. Say NO to greedy special interest groups who would plant driveways instead of crops and change the quaint, rural environment of Salida into the city controlled by developers that Modesto has become.

Please consider clicking on the link and filling the form out.  Thank you.

http://www.change.org/petitions/stanislaus-co-board-of-supervisors-modesto-city-council-mayor-garrad-marsh-stop-proceedings-for-the-annexation-of-salida-by-the-city-of-modesto

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12 Oct 2012

MID Board Split on Public Comment Time and Everything Else

By Emerson Drake

With the temporary stoppage of the proposed water sale things have definitely quieted down at recent MID meetings. We’re back to fewer people attending and just a smattering of people actively commenting on current issues. At the latest meeting only four people stood up to comment during ” public input for the good of the district.”  Since the Board reduced the alloted amount of time from five minutes to three several months ago on the pretext of shortening waiting  lines and with only four people speaking (that is becoming the average post water sale) it seemed like an appropriate time for the rules to return back to normal.

Director Larry Byrd presented the board with a request to move the alloted time back to five minutes. But that was not to be. Since Director Warda was absent the board was down to just four members. Director Wild spoke against the idea saying he would like to discuss it more but then stayed quiet. After all, like his mentor Van Groningen, Wild prefers to violate Brown Act laws and discuss things with other board members away from public scrutiny. Please understand they like to talk not in “closed session” but in the backroom without witnesses. If they were to repeat anything from closed session they would be in violation of Board policy and could be censured.  But if a Director relates something that took place “behind the wall”,  ie: illegally, there isn’t anything Van Groningen and Wild can do.  Director Blom was willing to second the motion.  But seeing Directors Van Groningen and Warda were against a revision of the relatively new rule, no second was made.  That’s the way the MID works.  Rather than expose a rift and discuss their differences they choose to remain silent in front of the public. 

I later spoke to Director Wild regarding his comments. Concerning five-minute allotments he said “I’ve been keeping track of people who speak and during their first three minutes they are succinct and present themselves well. But during their last two minutes they berate the Board and I don’t like it.”  Personally, I always thought elected boards were supposed to reflect the will of the people, but when elected officials ignore the public’s input it only stands to reason some frustration might surface.

A current example might be a request for the 2013 budget PN# U00018 for $500,000 to replace the Board room’s audio and video equipment. All of this money for a fancy system and they still refuse create an archive for recordings of meetings or even save for more than 100 days the recorded discs of proceedings, let alone  broadcast their meetings on streaming video.   To this day they continue to destroy ALL electronic recordings of their meetings and refuse to consider approving the minutes of their meetings until AFTER the recordings have been destroyed.

In the next two years they want to spend $1.75 Million on a smart grid security system PN#U00513. These people are spending us into the poorhouse.  The IT department wants to spend over $4.1 Million in just the next two years. CAP-40 CAP is their designation for this.

I could go on about this but my point is their “wish list” was created when they thought they were going to be able to spend Millions of Dollars from the water sale  money they were telling the public was going to irrigation infrastructure.

Another ongoing concern is the money being funneled through Martino Graphics. Year to date Directors Tom Van Groningen and Glen Wild have apparently signed what are called expense approvals in the amount of $21,000.  There is no purchase order assigned for these expenditures.  The account number they use is 312500 00.0 401 and the payment explanation is Board Development and Internal Communications.  These are NOT pre approved by the Board members.  Directors Van Groningen and Wild along with General Manager Allen Short have personally made these arrangements with Martino Graphics and Carol Whiteside.

Ms.Whiteside confirmed in an email to me on 10/10/12 she’s been the recipient of a total of $9,000 as partial fulfilment of her contract with Martino Graphics which she suspended in July.  Her work has never been brought to the Board and Tom Van Groningen says he has a copy of her work but no presentation has ever been made.  As a point of interest Ms. Whiteside was paid $1,500 directly to her for an earlier presentation to the Board and public.  Questions abound as to why Van Groningen and Wild have made these obviously deceptive arrangements and why was the ante upped and how do they account for the remaining $12,000?

In addition, we know $6,000 of these billings ($3,000 each ) have been pulled at successive meetings from the consent portion of the agenda. The question remains unanswered as to whether or not  the checks have been sent.

When I asked Director Van Groningen if the Board pre approved the expenses, his response was “they approved them when they voted in the consent Calender.”  In other words NO they didn’t. So what we are hearing is two members of the Board, outside the scope of the public, and their fellow Board members, can approve expenditures which would advance their positions on future votes.

It appears we won’t have any relief from this type of underhanded dealings until after the 2013 elections when Van Groningen and Wild have to stand in front of the public asking for their votes.

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07 Oct 2012
2 Comments

Modesto Chamber of Commerce Drops the Ball Wants City Bailout Money

By Emerson Drake

Over the last several months we’ve been regaled with several tales lauding  the Modesto Chamber of Commerce’s CEO/lobbyist Cecil Russell and side kick Mike Moradian for raising money to restore Modesto’s Arch.  While I acknowledge it’s a fine project, and will be somewhat appreciated, does the City of Modesto really have $40,000 in the General Fund with nowhere else to go?  We’re even being asked to throw in $15,807 from the Mann Grant Donation into the project for a total of $55.807.00.

At a recent City Council meeting lobbyist Cecil Russell was given a round of applause as was Mike Moradian for selling the $3.00 “Golden” candy bars.  There were several stories in the Modesto Bee ( Aug.18, Sept.7 & 11 and Oct.1) about what a great job the Chamber has done raising money.  But now they come, hat in hand, begging for tax money that could have gone toward another police officer on the street. 

It’s Item #11 under new business http://www.modestogov.com/sirepub/mtgviewer.aspx?meetid=460&doctype=AGENDA   on this weeks agenda.  What?  You say you haven’t read about it anywhere?  Not even in the Modesto Bee?  Apparently City manager Greg Nyhoff requested this item be added.  But how did he hear about the need?

There is little doubt that when he blew off last weeks agenda meeting and missed half of the Safety and Communities meeting, he was being apprised of the situation as the city liaison with the Chamber.  He failed to mention it upon his return from the meeting, but since he likes to keep city business on a need to know basis or as strictly required by law, we don’t wonder why, as it would keep his secret as long as possible.  At least several City Council members were surprised to see this item on the agenda when it was published on Friday afternoon.

The Chamber of Commerce has already planned a celebration for October 26, 2012.  But they FAILED to raise the necessary money to pay for it.  Unfortunately it says more about Mr. Russell’s leadership than it does about Modesto businessmen.  I don’t believe this would never have happened under someone who was  as  fiscally responsible as former Chamber  CEO Joy Madison.

Lobbyist Cecil Russell has done a lot of bad-mouthing against the Modesto City Council over his client/benefactor the Double Tree turning down the Modesto Centre Plaza deal. You would think he would have run into some resistance for being a grandstander who failed in his responsibility to come through with the promised funding.

Next time the Chamber of Commerce or its CEO have grandiose plans (for the public’s good) I hope they can pay for it themselves and leave Modesto’s general fund out of the equation.

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03 Oct 2012

“What’s on America’s Mind”

English: Ca-99 (northbound) near Modesto, Cali...

English: Ca-99 (northbound) near Modesto, California (1). (Photo credit: Wikipedia)

Wednesday night at 7:00 PM Pacific

The discussion will include an update on the potential annexation of Salida  by Modesto and a meeting that took place behind closed doors,  the continuing saga of four homeless hero’s, Sheriff Christianson and Correct Healthcare Solutions campaign contribution, Modesto scrambling over Centre Plaza being thrown back by the Double Tree,  has MID paid Martino Graphics the $6,000 without the Board voting, this and more so give us a listen and find out concerns the Bee won’t tell you about.

Our flagship station 104.9 FM Salida Modesto

http://www.blogtalkradio.com/centralvalleyhornet/2012/10/04/whats-on-americas-mind-with-emerson-drake

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26 Sep 2012

“What’s on America’s Mind” Wednesday at 7:00 PM Pacific

Blogtalk

Blogtalk (Photo credit: onitz)

Tonight’s discussions include the MPD’s response to a 14-year-old girl getting beat up and a video made at Enochs High school,  last nights Salida MAC meeting including an update on the annexation, MID cover-up of $21,000 in “special spending”, A quick look at the local Bail Bond Industry, missed opportunity regarding the veteran’s jobs bill.  This and more, so make a difference by participating in the democratic process and let your voice be heard.

7:00 PM Wednesday on Blogtalk or 104.9 FM Salida/Modesto

Our call in number is 1-347-215-9414

http://www.blogtalkradio.com/centralvalleyhornet/2012/09/27/whats-on-americas-mind-with-emerson-drake

Some of the topics discussed will reference articles on http://EyeOnModesto.com/

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24 Sep 2012

People – 1, MID – 0, in Best of 7

By Emerson Drake

After a hard-fought battle the people of Stanislaus County emerged victorious.  But we can’t let our guards down.  Modesto Irrigation District could decide to re-open the issue at any time and General Manager Allen Short is probably already exploring a way around the Board. 

                                               The Seventh Inning Stretch

The letter from the SFPUC  didn’t arrive in time for the public meeting.  It magically appeared during the closed session. Between the suspect timing of the letter’s arrival, and the realization that their terms had been rejected, three of the Directors had finally had enough. Larry Byrd, Nick Blom, and Paul Warda, to paraphrase, said enough was enough.  Directors Van Groningen and Wild went apoplectic!  They argued vehemently to bring one of the opposing Directors around to no avail.  And in a move of political butt-covering decided to make the vote unanimous.

Of course Dir. Van Groningen went from newspaper to newspaper making specious  claims of being unhappy with the contract, but what we need to remember is that he was ready to sign this terrible contract back in January. So his words, as far as I’m concerned, fall on deaf ears. 

Now it appears we get to see how the staff was divvying up the money before the water contract was signed, or maybe this is the kind of spending that got them so deep in the red.  As you’ll see, it really does pay to stay for the budget workshop.

                                               The Scouting Report

The budget workshop showed, at least in some people’s eyes,where they had intended to spend some of the water sale money.  Allen Short is requesting in the 2012 budget $30,000 dollars to spend for his outer office.  Eyes were raised when the figure was announced.  Allen said the money was going for two desks and a counter.  Pretty fancy desks and one heck of a counter.

So why should $210,000 for carpeting the second floor in the 2014 budget bother anyone?  At $61.76 per square yard installed we should be happy. Buying 3,400 yards I’m sure they got a discount.   The justification they used was “The carpet is difficult to clean and make presentable.” 

What’s the big deal about an $8,000 ice machine?  Just because the old one  still works and they’re keeping it for the employees to use, what’s the problem?  Must be nice to work for the ivory tower at the Taj Mahal.  You’d think since they didn’t have to make any concessions regarding their health insurance or to contribute to their retirement (except for new employees) they’d be happy, except of course for the new people who were thrown under the bus and will be required to help pay for both.

Did I mention the proposed management raises?  A Public Information Request came back saying they don’t have anything on paper regarding them.  Allegedly they want the Board to vote on unknown raises for unknown people.  Don’t get me wrong, Tom Van Groningen and Glen Wild are ready to vote for them and are insisting if the rank and file gets a raise so does management. 

Could it be some of the members of  this Board are tired of being led around by the nose?  Allen Short doesn’t believe it yet or at least isn’t willing to admit it. Allen is spending money like he isn’t accountable and is readying his golden parachute.  And where does Attorney Tim O’Laughlin fit into all of this?  He’s still on schedule to make $ 1 Million from MID this year.  The ever churning lawyer keeps playing both ends against the middle and collecting from both as usual.  Remember how O’Laughlin told the Board they had nothing to worry about from the garbage burner lawsuit?  They didn’t. Endsley collected $1.2 Million and  O’Laughlin collected $97,000.  No worries, it came from the ratepayer’s pocket, not the Board’s.

The Modesto Irrigation District has played fast and loose with the Brown Act.  Dir. Van Groningen does what ever he wants and O’Laughlin stays quiet.  Unless he’s arguing with one of the Board members.  And O’Laughlin himself presides over the violations of the Public Information Act requests. Why he’s still there is beyond belief.

Since the Board meeting is tomorrow I want to mention Martino Graphics.  At last weeks meeting I specifically asked Dir. Van Groningen what the $3,000  to Martino Graphics was being spent on in last weeks warrants. He asked the staff but they stayed quiet (could they have been instructed to do so since Denise Ray, the head of Purchasing, was in the audience?)  They did place the question on this weeks agenda thanks to Directors Byrd and Warda (Van Groningen and Wild remained quiet).  Amazingly enough Van Groningen and Wild signed for the payment on September 4,2012.  A case of sudden amnesia?  I sent an email to the Board this morning and asked them to include three more Martino invoices in the discussion, two at $3,000 and one for $9,000.  I had already talked with Van Groningen during the Capital Budget workshop last week about this but felt it was important to document the request.

Did I mention all of the preceding in an attempt to document everything?Heck no I left out about half.  Did you know they want to spend more money for the Mountain House infrastructure?  But that’s enough for now.  It all goes to show we can’t let our guards down now.  Yes, we should enjoy the victory for now.  But until Tom Van Groningen and Glen Wild are off the MID Board and we get some people who are concerned and won’t be led around be the nose by Short and aren’t intimidated by O’Laughlin, and don’t have the ability to subvert conscious thinking at the Bee (if indeed it ever existed), we as a community won’t be free of outrageous electrical rates or able to ensure our children’s future with plentiful clean water.

So to finish up  with the baseball metaphor I started with, it ain’t over till the fat lady sings and she’s not even at the ballpark yet.

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14 Sep 2012

Gregg Nyhoff’s SCAP Investigation ?

By Emerson Drake

English: Author: Carl Skaggs This image was ta...

English: Author: Carl Skaggs This image was taken by me on January 14, 2010 in Modesto, California I hereby relinquish all rights to this photo. (Photo credit: Wikipedia)

In April 2011, Councilman Dave Lopez  went to see Modesto’s City Manager (C.M.) Gregg Nyhoff with concerns about the Stanislaus Community Assistance Project (SCAP) and excessive compensation to Joe Gibbs, the Development Director for SCAP.  Joe received $195,860 and was in line to receive $431,471 more. 

But we aren’t trying to rehash SCAP or the NSP2 problem, but are here to discuss Mr. Nyhoff’s investigation or lack thereof.  We presented Modesto with a Public Information Request to see all of the documents relating to the city manager’s investigation.  The extremely sad part is their response contained only one page after four plus weeks of the City Managers investigation.  It’s almost as if he were avoiding leaving a paper trail.

I  had occasion to discuss this with C.M. Nyhoff and his response was “well I did make some phone calls.”  Further inquiries suggested the calls were to city staffers.  Can you imagine Councilman Lopez comes to him with a major concern about potential fraud or malfeasance and Mr. Nyhoff, at the very least, sits on his hands?  Little wonder the Councilman felt the need to go to the Bee.

The lone page from the email we received is dated May 26, 2011, just two days before the Bee broke the story and more than one month AFTER Councilman Lopez spoke to Mr Nyhoff.  So despite the City Manager’s protestations, NOTHING was written down until the city was aware the Bee was going to publish SCAP’s short comings and then only to enlighten  SCAP.  Modesto City employee Judith Ray is warning SCAP employee Marcia Bradshaw that the Bee reporter has been a “consistent antagonist toward recovery act programs in general and NSP in particular and we can  be assured of a negative bias when it comes out.”

So just how thorough do you believe Nyhoff’s investigation was?  To my way of thinking all he did from the beginning was circle the wagons to protect himself and his staffers.  After all he is the city manager and the buck stops there.  At least for a few minutes before the Council gets involved.

Knowing all this and reading  the way the City responded to the Grand Jury report was just too much to stay quiet about.  If Councilman Lopez hadn’t gone to the Bee none of the malfeasance would have been uncovered.  Joe Muratore might have been able to keep the $62,500 he was willing to risk his position on the council for, and indeed his freedom. Profiting from HUD money as a Councilman is a felony and Joe Gibbs would be $431,471 dollars richer and he and his wife would still be in charge of SAP despite their questionable tenants.

Here is Nyhoff’s written  investigation.

 SCAP

The city’s response to the Grand Jury

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The Grand Jury’s findings

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After reading all of the information it’s reasonable to come to the opinion that Councilman Lopez stood up against those who would participate in a cover-up and spoke out to shed the light of day on a serious problem and uncovering a potential  misuse of public funds.

The discussion can be heard about 1:10 minutes into the Council meeting.  The following link will take you there.

http://www.modestogov.com/sirepub/mtgviewer.aspx?meetid=457&doctype=AGENDA

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12 Sep 2012

“What’s on America’s Mind” Please Join us Tonight at 7:00PM

A montage I (Valente Q.C.) made with pictures ...

A montage I (Valente Q.C.) made with pictures that I took for the Infobox in the Modesto, California Article. (Photo credit: Wikipedia)

Todays topics include a Salida annexation update including Modesto Councilman Joe Muratore’s recent incursion in Salida.  A conversation about Salida MAC Modesto City Council response to  the Grand Jury report about SCAP and NSP2 money. and of course national issues we should all be concerned about especially women.

Wednesday nights at 7:00 PM Pacific

Please join us. Our call in number is 347-215-9414

104.9 FM is our flagship station

http://www.blogtalkradio.com/centralvalleyhornet/2012/09/13/whats-on-americas-mind-with-emerson-drake

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11 Sep 2012

Joe Muratore is at it Again – Padding His Pockets at Your Expense

By Emerson Drake

Yes, Councilman Joe Muratore has yet again figured out a way to profit from his position on the Modesto City Council.  Starting just after he was elected, Muratore sought out county politicians and started to prime the annex Salida pump.  I guess we shouldn’t be surprised after his NSP2 debacle of pocketing $62,500 dollars from a commission his Benchmark Realty partner Ryan Swehla generated by using Swehla’s and Scott Monday’s Trinity Renovations . 

But his Salida business adventure may just be his greediest chapter with an even more tangled web of deceit.  Remember the Stanislaus Grand Jury said Muratore was deceitful and dissembling in not fully disclosing relevant business affiliations and associates.

Stephen Endsley and his wife Ann have land holding in the Salida area according to documents supplied by a public information request which can be found on this site.  Joe Muratore has several prior business relationships with Endsley.  From a failed solar venture between himself, Swehla, Hawn, and Endsley, to an investment with Stephen Endsley valued between $20,000 and $100,000 dollars according to forms filed with the state.  Muratore has been meeting behind the scenes encouraging  the County to sweeten the pot which would enable Modesto to annex Salida, potentially at relatively little cost.

On August 7th during a City Council meeting  Muratore voted for consent item #27 which has Modesto footing half the cost ($30,000) of a feasibility study to discover definitively what the financial situation would be if and when Modesto were to annex Salida. I suppose it isn’t surprising to see a politician fattening their wallet while feeding at the public trough. Now all Muratore has to do is recuse himself from all discussion and voting, but Joe doesn’t seem concerned about right and wrong, just about money, so he keeps on voting.

After all, between Muratore the Modesto Councilman, Swehla his business partner in several ventures and  who sits on Modesto’s Board of Zoning Adjustment, and Endsley again his business partner and sometimes investor who has land in Salida waiting to be developed under a friendly administration, what could be a better arrangement? 

Could Muratore be planning on some short-term cash flow or is he stocking up for the future? Here is a picture of Muratore’s Benchmark Realty sign offering land for sale in Salida.  The sign can be found on a vacant lot in front of the Vizcaya Housing Tract along Pirrone Road in Salida just before  Hammett,  East of Highway 99. I wonder if his client is aware of how many pies Joe has his fingers in?

Muratore’s business ventures just might benefit from a hurried up annexation with a friendly Zoning Board and a Councilman to shepard the whole process through.  Kind of reminiscent of  their participation in the  NSP2 program?  Hmm…

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09 Sep 2012

Does the Public Have the Right to Know? MAYBE Says the Bee

By Emerson Drake

On July 31, 2012 the Stanislaus County Farm Bureau (SCFB) sent a letter to each member of the Modesto Irrigation District Board of Directors and a copy to the Modesto Bee.  In the letter they outline their concerns regarding the potential water sale to the San Francisco Public Utility District. The letter was extremely detailed, citing multiple California Environmental Quality Act (CEQUA) concerns, using exact numbers from MID reports and was cross referenced with the corresponding dates the numbers were published by the district.

Many of these concerns have been voiced by the public but never have they been documented to the extent of the letter.  The Bee has refused to acknowledge even the receipt of the letter in print let alone publish it.

The media, or fourth estate, is important to an informed electorate but unfortunately sometimes some people feel it’s in their best interest to limit or shape public opinion by withholding important facts from the ongoing discourse.  By limiting access to all sides of an argument they strive to control opposition to what ever view they are trying to propagate. 

This isn’t about just disagreeing with their point of view,  it’s about  listening to all sides of a discussion and THEN deciding what is the best course of action.

Editors, especially Opinion Page Editors, like to be invited to the best soirees and have their “opinion” sought out by local movers and shakers. After all, how could their friends possibly be wrong?  We just emerged from an extended period of being under the overbearing Mark Vasche, where politicians he didn’t like were attacked in print regardless of the good they were trying to accomplish.  When it comes to MID, Mike Serpa comes to mind. Or like reporter John Holland has found,  it’s easier to write stories when you can receive phone calls from those involved and their PR people and not even have to attend meetings.

The Bee’s refusal to publicize the letters from the Farm Bureau was first broken by Eric Caine at www.Thevalleycitizen.com and since this time several attempts have been made by many of us to get the Bee to discuss the letters for the record.  Unfortunately, to this point our efforts have failed.

The original cover letter is here. This is followed by a short  overview  here and the entire  SCFB critique is here.

Fortunately, here in Modesto we have several alternatives to enlighten readers who are concerned about the whole picture and not just what the Bee and a few of their friends think is good for you to know.

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