Eye On Modesto

Thoughts and observations about Modesto and Stanislaus County

Archive for the tag “tom van groningen”

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

Radio RED 104.9 FM

Radio RED 104.9 FM (Photo credit: Mahdi Ayat.)

Yes, for the next two weeks due to scheduling conflicts I’ll be doing the show on Thursday night instead of Wednesday.

Thursday night’s topics will include the MID and background on the agenda items Garth can’t provide, a Salida update,  Modesto city council issues, Problems at MJC, an update on the cat killer, and a glimpse at national issues that concern all of us.

So tune in on Thursday night for the next two weeks and discuss the issues that concern you.

Our call in number is 347-215-9414

Our Flag Ship Station 104.9 FM Modesto

This link, as always, is for the live AND archived show: http://www.blogtalkradio.com/centralvalleyhornet/2012/11/02/whats-on-americas-mind

Who’s Being Disingenuous at Modesto Irrigation District Meetings?

Modesto Marathon  7983

Modesto Marathon 7983 (Photo credit: RussellReno)

By Emerson Drake

Today’s MID meeting was an eye opener. Despite having discussed Martino Graphics invoices twice in the last two weeks with me,  Director VanGroningen still couldn’t get the information from his staff that I requested  over a month ago.

Director Van Groningen and General Manager Allen Short have been using MID’s Non-Purchase Order process to circumvent the system.  These two men took it upon themselves to spend  $24,000 that has been documented to this point and possibly more.  The problem is, all the staff has accounted for is $15,000 of the $24,000.  They’ve been using Martino Graphics to funnel money to Carol Whiteside of California Strategies.  Ms. Whiteside has acknowledged to myself and Van Groningen in an email, that she’s received $9,000 so far with another $6,000 pending from September.  The problem, as I see it, is in a letter to the Board (Oct. 7,2012) in which she admits it became obvious in July she couldn’t proceed  with the agreed upon tasks so she resigned her contract effective August 1, 2012.  The invoices were sent in September from Martino Graphics.

Even if it’s decided she should be paid the $6,000 that has been held up, staff  to this point, has been unable or unwilling to explain why the remaining $9,000 was paid.  It didn’t go to Ms. Whiteside, so why did Allen Short authorize the payments?  According to Van Groningen, Ms. Whiteside has reviewed hundreds of documents but quite honestly I find that dubious. But then again anything to justify the expenditure.

What I find amazing is Van Groningen and Short are using this money (at least $15,000 of it)  to convince the remaining Board members to approve the Board/ General Manager/Staff relationship policy that Board members have refused to rubberstamp since they were sworn into office.  The dynamic duo of Short and Van Groningen tried to get outgoing members Cecil Hensley and John Kidd to approve it,  but Director-elect Larry Byrd made a request from the floor and asked the Board to postpone the vote until January.

Public Information Requests Reveal there is NO Contract between Ms. Whiteside and the MID

So what tasks did Ms. Whiteside agree to perform and how do you resign a contract you don’t have?  And what happened to the still unaccounted for $9,000 dollars?  There are many questions but few answers.

Now lets discuss Contract Purchase Order 54981. My copy of the Purchase order confirms it was valid from 19-JUL-10 thru 31-DEC-11  (If you’re wondering, that’s the way they write their dates.) Not to exceed $450,000 dollars plus costs and expenses.  But GM Short continued to use this Purchase Order thru this year to the tune of $127,000 dollars mostly in the amounts of $19,000 and $21,000 monthly.  They basically used the same generic billing month after month in the amounts of :

Client Meeting / Planning Fees…$5,000

Consulting ……………………………$7,500

Communication Services ………..$3,500

Outreach Transparency…………..$5,000

I requested the contracts for any subcontractors like Mike Lynch and Carol Whiteside, and once again I was told they weren’t available because they didn’t have contracts with MID but had them with Martino Graphics. 

I find the use of Martino Graphics as a shield to prevent the public from knowing where the money is going to be unconscionable. After all, if Mike Lynch is being used as a lobbyist the public has a right to know where their money is being spent.

If this is allowed to continue, how many more contracts, if any,  will we find to be “shields”?  Will we hear “oops my bad”, and then pretend everything is hunky dory? I believe one is one too many. Their problem is that PO#54981 was running out of money so they just switched to the Non-Purchase Order process. No one man, NOT even GM Short or Board President Van Groningen should be allowed to circumvent the system for their own benefit.  I’m not suggesting directly for personal enrichment, but for lubricating the wheels of their personal agendas within MID.

I’ll tell you just how ridiculous this gets. Today at the Budget Workshop we discussed Project Number 3XX965. It’s described as being PRJ- Miscellaneous Operating Expense Exp. for $10,000 for misc. administrative & general. So they can spend it on whatever they want and say “it’s in the budget” as they always do. Because that’s exactly what they said to explain away the use of an expired Purchase Order and the Non-Purchase Order process used with Martino Graphics.

You tell me if we need some additional spending constraints on the General Manager and the Board President.

Questions abound but answers, real answers,  are short in supply.  No pun intended.

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

 

Radio RED 104.9 FM

Tonight’s discussion includes:

Fireworks at the MID, who leaked MID’s confidential memo and why? Van Groningen Chastised by Board, alleged  Brown Act Violations, the need for roll call voting, and they’re finally replacing Tim O’Laughlin MID’s Million dollar man, Recalling five heroic men here in Modesto, Modesto’s home owners who kill cats,  SalidaMAC meeting last night and the low hanging fruit, Mitt Romney’s only endorsement for another candidate was Richard Mourdock GOP candidate for U.S.Senate who says no abortions for rape victims because God intended for it to happen.

This and more Wednesday night from 7:00 until 8:30 PM

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

104.9 FM K-GIG Salida is our flagship radio station where we can be heard throughout the week.

To hear us live or later from our archives http://www.blogtalkradio.com/centralvalleyhornet/2012/10/25/whats-on-americas-mind-with-emerson-drake

Fireworks at the MID

By Emerson Drake

Maybe, just maybe, Tom Van Groningen’s reign of terror at the MID is coming to an end.  We watched for four years as Director Van Groningen and his cohorts in crime, bullied, out numbered, and out maneuvered former MID Director Mike Serpa at every turn.  They  even created a variety of rules which kept Director Serpa from getting access to information he needed to form sound decisions.  These have since become known as the Serpa rules.

Today Director Van Groningen was caught in his own trap.  He and Allen Short had gotten together to place an item on the agenda to discuss Proposition 26.  Directors Byrd and Blom questioned this item being placed on the agenda and when Van Groningen was challenged for his unilateral actions he replied he had followed the rules. Tim O’laughlin insinuated Van Groningen was correct. But Director Nick Blom had a copy of the Board rules which he read. These rules delineated Van Groningen had violated Board policy.

Tom, I feel like you’re handcuffing us…You’re the reason this Board can’t come together

When Director Van Groningen accepted responsibility. Director Byrd said it wasn’t good enough.  He pointed out Van Groningen had repeatedly broken policy guidelines and his continuing to accept the responsibility wasn’t getting anything done differently, especially in light of the almost 20 years Van Groningen has served on the MID Board.  He should have known better. After  a few minutes of discussion during which Tom Van Groningen was asked directly if he was the one who leaked the Board’s lawyer’s confidential memo to Judy Sly,  Van Groningen said no and suggested Ms. Sly be asked since she was in the back of the room.  Ms. Sly was asked and she replied “no comment.”

The memo is about the falling water charge on MID electric bills.  The timing is interesting since the memo was leaked immediately after the water sale to San Francisco went down to defeat. Ms. Sly has been using this confidential board memo as a basis of several articles in the Bee.  Remember Ms. Sly and the Bee came out in favor of the sale even BEFORE they had read the contract. Now she’s apparently using the memo in an attempt to further her crusade in favor of the sale.

So the issue came down to a vote.  The result was a  3-0 in favor of removing the item from the agenda. In all three votes which were eventually taken today, Directors Byrd, Blom, and Warda voted yes and Van Groningen and Wild  remained silent.

The second vote was regarding the time alloted to the public to speak.  In years past it had been a five-minute period but during the water sale, in order to quiet dissension,  the Board had voted to limit public comments to three minutes. Today that was reversed,  3-0,  with the caveat that if the line of speakers was too lengthy the time could be temporarily reduced by the Board President.

Then came the discussion regarding the make-up of the Water Advisory Committee.  At the last MID meeting Directors Glen Wild and Ton Van Groningen had proposed having 14 people on the committee.  This week Director’s Blom and Byrd, with the support of Paul Warda, proposed a much smaller committee. One member from the City of Modesto nominated by the City Council, one member nominated by the Farm Bureau, and one each from each of the Board’s Directors whom would reside in the Directors district. After a short conversation regarding a member from the Chamber of Commerce it was settled.  Again the vote was 3-0 in favor of the smaller 7 person committee.

So all in all, it is possible there is a light at the end of the MID tunnel, and, for the first time in a long time, it might not be an on-coming train.

Why All the Rush Over Falling Water?

Don Pedro Daybreak - Day 39

Don Pedro Daybreak – Day 39 (Photo credit: Velo Steve)

By John Duarte

MID leaders have taken up an urgent review of a falling water credit that water users receive for the value of the hydroelectric power generated at Don Pedro.  This sudden “crisis” follows a series of fast moving actions on the part of MID following the failed (board vote 5-0) water sale proposal previously championed by Board President Tom Van Groningen.  Many participants in the water sale dialogue/debate requested that the district form advisory groups to review district issues more in depth, over longer terms and with better access to district experts than the board meetings allowed. 

 

The current advisory committee proposed by the board, selecting representatives from local groups to form a committee of committees, is more likely to be an effort to weight the group against ag in order to extract a particular outcome, rather than to improve the dialogue surrounding complex and important issues.   In addition to a selected membership with no guarantee of transparency, the committee will be charged to address speculated claims under Prop 26.   It appears that some district leaders would like to see the equivalent of six wolves and a lamb vote on what’s for lunch, while piping the scent of simmering lamb into the room.

 

A review of the district history and current situation is in order.  Irrigation districts frequently possess riparian water rights that can be used to generate hydroelectric power.  With the available water flow, technology and marketability of electricity, any irrigation district that did not develop hydroelectric power from these resources would be negligent towards its irrigation customers and the public for the lost opportunity.

 

Irrigation districts have multiple options as to how they choose to market the generated hydroelectric power.  The two most frequent choices are to market it wholesale to a second party (as does SSJID and OID from their New Melones project), or to form local power authorities and market it retail to local customers (as does MID and TID from the Don Pedro project). 

 

SSJID and OID use the revenue from wholesale power sales to benefit their agricultural water users, to the point where water costs are negative and rebates are often sent to customers from the power revenues.  PG&E buys the power wholesale and delivers it to its customers as part of a supply blend over a large market area.  All sales and costs are established in free market transactions.  Electric ratepayers in the irrigation district boundaries are served by a for-profit utility and do not enjoy any financial benefit from the cheap hydroelectric generation.

 

Many OID and SSJID area electric customers are served by MID power delivery per the four cities annexation that MID executed in the 1990s.  Other OID and SSJID customers are now considering options to form their own power distribution company.  I do not believe that these efforts will lead to the irrigators giving up the benefit of the hydroelectric power to the retail electric customers.   There are few voices in the PG&E power service area that would not prefer to be in a locally run municipal service area.   

 

MID and TID chose early on to provide retail delivery of their hydroelectric power to in-district electricity customers.  This has given our communities the advantage of locally governed municipal power.  For many decades MID and TID ratepayers enjoyed enviably low electric rates in contrast to those served by for-profit delivery, particularly those served by PG&E.   MID and TID irrigators have gained from the value of the falling water based on their well-established senior water rights.  This arrangement has provided great benefit to the community in affording low rates for both electric and irrigation customers, local control and better accountability.

 

MID now faces a number of financial challenges.  The district is increasing costs of operating beyond the growth of its power deliveries.  From 2010 to 2011, MID increased overhead costs by 20 percent or six million dollars as it delivered slightly less electricity than the year before.  MID projects to increase total costs of operations by 5% per year from 2013-2017 while it delivers only slightly more (0-1% per year) electricity.  This is all on top of an already bloated budget that is absorbing a number of past strategic errors (Mountain House, over purchase of green power, four cities, pension benefit giveaways, Phase 2 Water Plant…). 

 

Recently, a water sale of a significant amount of the district’s water was proposed by the district.  The revenues from this sale were to go to the district’s general fund to serve a long and exhaustive list of financial needs.  The sale was opposed by local interests and failed.  The proposal that failed would have raised $1.5 million dollars per year.  This amounts to one-fourth the increase in the districts overhead in just one year.

 

Adjusting the falling water charge will not provide equity between customer groups within the district.  It may not be required by prop 26.  If it is required by prop 26, there may be a number of irrigation districts that need to take a broad look at the beneficiaries of their hydroelectric generation.  It will also not substantially alter the financial course of MID or the obligations of its electric ratepayers. 

 

This demand by MID Board President Tom Van Groningen for an extremely urgent review of the policy appears to be his personal tantrum over the failure of his ill-considered water sale.  It must have be a very personal failure for him, as he may have seen it as a last ditch effort to redeem his decades of failed service and a litany of ill-considered and costly MID initiatives adopted under his reign.

 

 

John Duarte

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.

“What’s on America’s Mind”

Topic to be covered include MID’s Tom Van Groningen and Glen Wild short circuiting public input, how Tom and Glen “approved”  $21,000 for their special friend Carol Whiteside without a purchase order, the committee they propose to decide our water future, Modesto Chamber of Commerce’s lobbyist Cecil Russell taking your tax money for his project You get to pay for his applause,   McClatchy’s Modesto Pravda’s very own Tokyo Rose…Judy Sly, Low Hanging Fruit is how some of  the City and County liaison members referred to Salida as, This and More so join us at 7:00 PM Wednesday right here on BlogTalk or on 104.9 FM Salida.

http://www.blogtalkradio.com/centralvalleyhornet/2012/10/11/whats-on-americas-mind-with-emerson-drake 

And don’t forget to like  our Facebook page

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More information can be found on these and other subjects at www.EyeOnModesto.com

“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

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.

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

Official seal of County of Stanislaus

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

Did MID’ Directors Tom Van Groningen and Glen Wild vote yes to save face to stop the water sales? Have you heard about MID’s Allen Short wanting to spend $30,000 on his outer office furniture? Is Judy Sly intentionally misleading the citizens of Salida about the annexation?  Are we seeing the beginning of the demise of the bail bond industry in Stanislaus County?  The heart warming story of four homeless men who rescued a 15-year-old girl from a sexual predator.  What is it about the veteran’s job bill made Republicans vote against it?

Join me tonight won’t you.

Wednesday night at 7:00 PM Pacific

http://www.blogtalkradio.com/centralvalleyhornet/2012/09/20/whats-on-americas-mind-with-emerson-drake

Our call in number is 347-215-9414

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