Friday, November 22, 2019

What happened at the Nov. 19th Council meeting. Water rate hike advances, ban on aerial ads dead, requirement for new fences to have a permit advances, razor wire ban deferred, new transparency approved.




by Rod Williams - This meeting is just slightly over 2 hours long. If you are going to watch the meeting, you will get a lot more out of the meeting if you know what is under discussion. To access the agenda, agenda analysis and my commentary on the agenda, follow this link.  Without an agenda the meeting is about as exciting as watching paint dry. With the agenda, it is as exciting as watching water boil. I watch it so you don't have to. If you are going to watch it, you can probably watch in double time and not miss much context.

I am providing my summary of the meeting below. However, be advised that I only hit the high points and report on what is important to me, so you may want to watch it for yourself.  Also, if you view the minutes of the meeting you can find out from the official record what happened without watching. Unfortunately, the minutes are often not posted until a week later. You can access the minutes at this link.

Followings Pat Nolan's introduction and summary of what is important that is on the agenda, the meeting is graveled to order at timestamp 8.24. Following the prayer, pledge, some announcements, birthday wishes, nomination to a seat on the industrial board are accepted.  Four people are nominated for a seat that will be filled next meeting.   Seats on the industrial board are important to some people but the general public pays little attention to this. The Industrial Development Board can help favored businesses.

Next the council confirms appointees to Boards and Commission. Dr. Paulette Coleman, an activist with the group NOAH, is confirmed to a seat on the board of MDHA. While I don't know Coleman, I know NOAH.  While I may surprise some people by saying so, I don't object to having a liberal activist on the board of MDHA. MDHA does, in my view, need to refocus on it core mission of housing the poor rather than development. I have the impression and MDHA has become too much of insider group promoting crony capitalism and corporate welfare and a shakeup at MDHA is warranted. I am also pleased that Mayor Cooper has appointed former mayor Bill Purcell to a position on the MDHA board.

Next on the agenda, the Chairman of the Rules Committee announces that the Rules Committee has approved the new rules for the current council and they will be considered at the next Council.  While this may seem mundane and usually is, it can have import. Probably nothing of major significance will change but if  there was a  move to do something drastic, like end starting the meeting with prayer or a pledge, this is where it would be attempted.  Also, some procedures could change, such as having consent agendas or not, or changing the time limit for debate, that could impact the way the Council functions. I don't really expect any radical change but with the new handful of radical-affiliated Council members now serving, they could take this opportunity to exert their influence.

Public Comment Period. This is a time set aside to hear from the public. People who want to speak have to register in advance and are given two minutes.  Four people speak. One speaks about the work of the blue ribbon commission for finding savings, one speaks about transportation needs, and one mother shares the story of the terrible education her child is receiving in a Metro school, and Pastor Enoch Fuzz speaks about education. When the Council started the Public Comment Period, I feared it would be used for bombastic grandstanding by activist. I am pleased that I was wrong. All of the comments were thoughtful and respectful and provide insight. To see the public comments see time stamp 25:30-35:05.

 Resolutions.  Most are routine things like approving contracts, accepting grants and approving signs overhanging sidewalks. Most pass on consent. Here are the only ones of interest.

Resolution RS2019-85 request the Planning Commission to amend the adopted Subdivision Regulations to prohibit the creation of new private streets and require all new streets created as a part of the subdivision platting process to be public rights-of-way. This is deferred a meeting. Since it only request, it wouldn't change sny policy but agencies of Metro government take request from the Council seriously.  I am unsure, but I think, streets in gated communities are privately owned by the community. If they become public, would that mean there could not be gated communities? I don't know, but until I do, I would oppose this.
Resolution RS2019-99  and Resolution RS2019-100  reallocates $1million in money that was to be spend on the Gulch pedestrian bridge and spends it on other things. The other $17 million approved for the bridge does not require Council action in order to be reallocated but the mayor intends to ask the Council to pass a resolution approving the reallocation anyway. That will be presented at the next meeting.   Resolution RS2019-99 passes. Resolution RS2019-100 is deferred one meeting so the Council can see how the full 18 million is to be spend rather than just approve this $1 million by itself. Makes sense. 
Bills on First Reading. There were a couple or three concerning more regulation of short term rentals that were considered separately, one withdrawn, one or two passed on first but then delayed to a public hearing. I will explain these bills when they get to Second reading.  All others are lumped together and pass by a single vote as is the norm,

Bills on Second Reading.
Bill BL2019-4 prohibits aerial advertising.  All committees that considered the bill recommended deferral indefinitely ant that is what happened. That means the bill is dead. It could be brought back up but it would have to go back before committees so you can consider it dead. I am pleased. I never saw any logic to this and to me it appears to be a First Amendment violation.
Bill BL2019-30 bans barbed wire and razor wire fencing in the Urban Zoning Overlay District along arterial and collector roadways. This is one of those bills about which I am conflicted.  I sympathize with those property owners who are trying to protect their property, but this type fencing creates a feeling of living in a war zone. It makes a street ugly and devalues enjoyment of public spaces. It is deferred two meetings.
Bill BL2019-31 would require a permit for all new fencing.  We have never had this requirement befoee and I unsure what problem calls for more burdensome regulation. I oppose it.  For the sponsor's explanation see time stamp 1:08:40.  It passes on a roll call vote of 27 to 9 and one abstention. I will post how individuals voted after the minutes are posted. 

 Bill BL2019-43 requires certain financial information received from the State be submitted to the Council. As the Staff analysis explains, "During the prior Council term, the previous administrations received correspondence from the state comptroller on several occasions concerning the finances of the Metropolitan Government and Metro water services. This ordinance would require that similar financial communications in the future be submitted to the Council within seven days of receipt. For purposes of this ordinance, “financial communications” means all written and electronic communications pertaining to the financial status, revenues, expenses, fees or service charges of the metropolitan government and any of its departments, boards, commissions, offices, and agencies. The department head for the applicable department, board, commission, office, or agency would be responsible for ensuring such communication is submitted to the Council as required by this ordinance."  This is a good bill. The Council deserves to be kept informed. It is shameful that the Council was not kept fully informed of Metro's financial crisis by the prior administration. This passes on a voice vote.

Bill BL2019-45  raises water and sewer rates. It raises several different fees, raising total water fees about 63% over a period of time, and sewer by a lesser amount.  Unfortunately, this has to be done. We have a consent degree agreement with the Federal government to improve the system and don't have the money to do it and the State Comptroller says we have to do it. Also, improvement need to be made. More than 65% of Metro’s water pipes and 58% of the sewer pipes are over 40 years old.  I hope the Council will pursue changes at water and sewer so this situation does not happen again. Water and Sewer operate off of their own revenues and as a result do not get close scrutiny.  Since efficiency and cost cutting at metro water cannot benefit the general fund, they do not get the same oversight as would a regular Metro department.  In my view, changes should be made such that Water and Sewer has a board they have to report to and a member of the Council should be a member of the board. This is adopted by a voice vote on Second Reading.
Bill BL2019-46   would require more oversight of the Water and Sewer Department. It would have to submit annual reports to the Council which would include: 1. The Audited Financial Statements, including net position, capital assets, outstanding bonds payable, and other financial information. 2. The Annual Budget Review, including the adequacy of budgeted revenues to cover projected expenses and debt requirements. 3. Any other information deemed relevant by the director or upon request of the Council public works or budget and finance committees. In my view this does not go far enough.It is deferred one meeting. 
Bills on Third Reading. This is the only one of interest.
Bill BL2019-3   authorizes Metro  to opt into the historic properties tax abatement program under state law and would establish a historic properties review board.  I support this. I don't want to require property owners to preserve historic properties but I support incentives that encourage historic preservation. This is deferred two meetings.

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Wednesday, November 20, 2019

Mayor’s Office Convenes Discussions Between Community Oversight Board and Metro Police

Press release - Mayor John Cooper today announced that the Community Oversight Board (COB) and the Metro Nashville Police Department (MNPD) are meeting this week to begin the process of negotiating a Memorandum of Understanding that will specify how the two parties will share information and interact going forward.

“I’ve been a strong supporter of the COB,” said Mayor Cooper. “Nashvillians want and expect the COB and MNPD to work together to strengthen trust and provide accountability. I commend Chief Steve Anderson and the Community Oversight Board for coming together to develop an agreement that works for Nashville.”

Chief Anderson has designated Deputy Chief Mike Hagar to represent MNPD in this discussion process. COB Chair Ashlee Davis has designated Dr. Phyllis Hildreth as the board’s representative. Metro Legal Director Bob Cooper and the Mayor’s Office will convene and facilitate the discussion. Director Cooper will help address any legal issues that may arise.

Mayor Cooper has asked both parties to make a good faith effort to come to an agreement by the end of the year.

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Mayor Cooper To Nominate Former Nashville Mayor Bill Purcell To MDHA Board Of Commissioners

Press release - Mayor John Cooper announced yesterday at a NOAH fall fundraiser that he will nominate former Nashville Mayor Bill Purcell to the Metro Development and Housing Agency (MDHA) Board of Commissioners.

Purcell, who served as the fifth mayor of the Metropolitan Government of Nashville and Davidson County from 1999 to 2007, is a founding partner of Farmer Purcell White & Lassiter, PLLC and an adjunct professor of public policy at Vanderbilt University.

“Bill has long been a champion for real affordable housing solutions in Nashville. I’m confident in Bill’s leadership, and he has the experience to bring much-needed reforms to MDHA,” said Mayor Cooper. “In a time of urgent affordable housing needs in our city, MDHA needs to refocus on the housing part of its mission, rather than the development aspects of it. This appointment will be an important step toward ensuring that affordable housing is at the center of everything we do in Nashville.”

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What is the "matter styled James Smallwood v. Brenda Ross?"

I don't know.  There are times when something piques my interest and I think, if I headed a news organization and had reporters I would have this looked into, or if I had the time to investigate I would look into this myself

Today at 3PM at a meeting of the Metro Board of Ethical Conduct, item five on the agenda is, "Discussion of matter styled James Smallwood v. Brenda Ross."  A search engine search finds no news about an ethical issue involving these two people.  I don't recall hearing of any ethical issue involving the police and a COB board member.

Brenda Ross is a member of the Community Oversight Board and a retired East Nashville activist who has served on several mayoral-appointed commissions over the years. James Smallwood is president of the Nashville Fraternal Order of Police.

Ever since the establishment of the Community Oversight Board their has been tension  between the Police Department and the Board. The Police have complained that the COP request massive amounts of documentation from the police, and the COP complain the police are not responsive to their request for information. You can read about the conflicts between the COP and the police at this link, this link,and this link and do a search for more. 

In all of the time I have wasted trying to find out more about the ethical issue between these two individuals, I have found nothing. Did Ross file the complaint or Smallwood?  If anyone has knowledge about what this is about, please share it. If one know what is going on but doesn't want to publicly state it, please contact me by phone, FB messenger or email.  My email address is Rodwilliams47@yahoo.com. Inquiring minds want to know.

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Budget crisis causes Metro Police to delay ordering body cameras

Budget crisis causes Metro Police to delay ordering body cameras

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Tuesday, November 19, 2019

Councilmember At-Large Steve Glover hosting a series of Community Meetings.

If this looks a little blurry it is not your eyes going bad. This is as clear as I could copy it and get it large enough to read. Rod

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Briley kept secret Metro's water financial mess. Now, not even enough reserves for emergency repairs.

NASHVILLE, TN (WSMV) - Smoking Gun internal documents obtained by News4 investigates show the Briley administration withheld important information from council about how bad metro's water system financial crisis was. ... the  Tennessee Comptroller’s Office said Wednesday that the water department's financial crisis is so urgent and real  that it  wouldn't have  enough money to make emergency repairs..
....
Wednesday, Metro council members were dumbfounded to learn the water department’s finances are in such dire straights that the comptroller’s office threatened to take it over more than a year and a half ago....What’s worse, council members were never told,  though the state had been warning metro for  three years. (Read the rest of the story)

Rod's Comment:  This is an outrage. It was not simply an oversight. It was intentionally withholding vital information. There is no excuse for this.  If Briley did not violate a law and cannot be punished, the Council should at least pass a strongly worded resolution condemning his actions.  Reforms need to be instituted so this can never happen again.

For more on this see, Glover Reviews How Three Mayoral Generations of Neglect Could Affect Water Rates. This article post the transcript of a interview with Council member at-large Steve Glover on talk radio.  One interesting think in this report is that Glover informs people that some of the money paid by water customers for water does not go to support the water system but is diverted to pay for the Titans stadium. $4.5 million is paid from water rates to support the stadium.  I have told people this and they either act like they don't believe me or are shocked to discover it.  I remember when the stadium deal went to the people in a referendum and passed overwhelmingly. I opposed it for this one reason, that I did not think we should use water rates to fund it. To a certain extent, the mess in which Nashville finds itself is the fault of Nashvillians. They voted for the Nissan stadium deal and they elected the mayors who deceived us.

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Only 4% of millennial renters in Nashville metro expect to rent forever.

From Apartment List - Millennials have been blamed for destroying a wide array of industries, from tuna to doorbells, but what can we expect from millennials in the coming years of the Nashville real estate market?

Apartment List’s 2019 Millennials & Homeownership Report  analyzes the attitudes, expectations, and actions of over 10,000 millennial renters in the U.S. 

We find:
  • 4% of millennial renters in Nashville metro expect to rent forever. But of those who expect to purchase a home, 53% have not yet started saving towards a down payment.
  • At current savings rates, just 25% of America's millennial renters will be ready to put down 10% on a median-priced starter home in the next five years.
  • Forgiving student loan debt would be a major boon to millennial homeownership. If debt payments were instead put towards savings, we estimate the percentage of the nation's millennial renters ready to buy a home would rise from 25% to 39%.
  • To cope with high costs, some millennial renters look for down payment support from family. But millennials are expecting less support this year ($9,000) than last year ($10,000).


70% percent of renters say affordability is the reason they have not yet (or will never) purchase a home. Furthermore, student debt continues to be a barrier and millennials are expecting lower levels of financial assistance from parents than in prior years. 

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Amid budget shortfall, how much is Nashville spending on economic development incentives? Does it pay?

by Mike Reicher and Sandy Mazza, The Tennessean -  For the past 20 years Nashville's mayors have wooed companies here with promises of low taxes, a diverse economy, a creative culture — and more than $541 million of financial incentives.

Now Mayor John Cooper, who inherited a worsening budget deficit, has to decide how he will keep recruiting new jobs with tight finances. As he focuses on cost-cutting, one growing category is the annual impact of economic development incentives.

Metro has paid or lost out on an average of $31 million a year over three recent fiscal years, according to a Tennessean analysis of city records. That includes cash grants for jobs, property tax breaks, redevelopment loans, and entertainment subsidies for television shows such as "Nashville."

The annual impact climbed from $25.6 million in fiscal 2016 to $37.3 million in fiscal 2018, the most recent year of complete data available. (read more)

Rod's Comment: The measure of the economic impact of a policy or subsidy or development is hard to measure.  Having served in public office and having been a close observer of government for many years, I have come to the conclusion that the estimate of the benefit of a policy or expenditure is so much pie in the sky public relations.  It is about as reliable as picking a number out of a hat. 

Almost certainly, as an example, our funding of the TV soap opera Nashville, helped tourism. When people were thinking about where to go on a weekend vacation, some people might have thought about visiting Nashville, who would not have done so if not for Nashville being in their consciousness because of the TV show.  How much was it worth? I don't think anyone can say. The city provided $3 million in incentives and the State $5.5 million. The owners of the show estimated its first season impact at $75 million.  I think that is a SWAG- Scientific Wild Ass Guess.

What about the $17.5 million cash grant offer to Amazon?  They promise to create 5,000 jobs.  Is the grant worth it? I don't know but I doubt it. The number of jobs added is easier to measure than the economic value of favorable publicity, but the economic impact of those jobs is hard to measure.

How much do we benefit when we bring a company to town? We know they provide jobs but some of those jobs are people they transfer here. They are not hiring Nashvillians.  Of course, those jobs, even if they import the workers, causes economic activity. The new people buy homes and cars and groceries and everything else. Of course, that growth also comes with a cost; new congestion, and new demand for more police and firemen and all types of government services. They also increase the cost of housing and create a housing crisis and cause greater income inequality.   Growth does not always pay for itself. Growth does not come cheap. Nevertheless, it is better to grow than shrink.

When measuring the economic impact of a development or policy it reminds me of this story.  A growing company needed to hire someone in management to help with the companies finances. The CEO interviews three candidates, a mathematician, an accountant, and an economist. He interviewed them separately and asked each the same simple question. "What is two plus two?" he asked the mathematician. "That's easy," the mathematician replied. "It is four."

Next he interviewed the accountant and asked, "What is two plus two?"  The accountant said, "There is a 99 percent probability that it is four with a plus or minus factor of .2."

Then he interviewed the economist. "What is two plus two," the CEO asked.  The economist, glanced both directions, leaned forward, lowered his voice and said, "What do you want it to be?"

Take a companies estimate of their economic impact with a grain of salt. I would prefer that we had a free market and gave no incentives to businesses or sports teams. However, we can't unilaterally disarm.  As long as cities we compete with do it, we have to do it.  That is the way the game is played. But, we need to be judicious. I do not oppose all incentives and it is not easy to determine which ones are worth it and which ones are not. Without incentives we would not have a professional sports teams and I don't think there is little doubt that they have benefited the city.  We need to be careful though. With Tax Increment Financing and cash grants, and other incentives, we could be giving away the farm.


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Monday, November 18, 2019

Powers of comptroller broad by definition

This is an informative article from The Tennessean.



by Joel Ebert, The Tennessean - ...... "The comptroller of the treasury or the comptroller's designee shall have the power and authority to direct the governing body of the local government to adjust its estimates or to make additional tax levies sufficient to comply with this chapter."

While the provision in state law gives the comptroller broad authority to take over a municipality's finances, it can largely occur if a municipality fails to pass a budget on time, approves an unbalanced budget or if the local government were to default on its debt.
  .......
The decision on whether to take over a city's finances comes down to one person — the comptroller.
......
Wilson said he thinks Mayor John Cooper, Metro Finance Director Kevin Crumbo and At-large council member Bob Mendes, Metro's budget chair, understand the issue. But Wilson said he was not sure how the council would react to his assessment. 

"After (Wednesday), my perception is they understand that this needs to be done," he said. 
Overall, Wilson said he is hopeful Nashville can address the financial issues before a takeover becomes necessary. 

"We recognize that a good, healthy Nashville financially is really important for the health of Tennessee, and we want to do all we can to be sure that that happens," he said. 

In terms of timing, the comptroller said he would like to see city officials shore up their finances no later than the early months of 2020.




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Sunday, November 17, 2019

What's on the Council agenda for Nov. 19th? Raising water rates, banning aerial advertising, more financial transparency.

by Rod Williams - The Metro Council will meet Tuesday, November 19th at 6:30 PM in the Council chamber at the Metro Courthouse. Here is a link to the Council agenda and the Council staff analysis.

For those who want to watch the Council meeting and follow along. If you are going to watch it, it is more interesting if you have the agenda and agenda analysis.  It is still not very interesting but more interesting if you know what the heck is going on. You don't have to watch it and yet you can still be informed however, because  I will watch it for you and then a couple days later post a summary of the most important Council actions and I will post a video of the meeting and highlight the interesting parts. Below is a summary of the agenda, highlighting what I deem to be the most important items.

Elections and Confirmations usually amount to the Council confirming whoever the mayor appoints.  There are five appointees up for confirmation. They will probably all be confirmed without controversy.

Public Comment period is time dedicated to allow members of the public who have registered in advance to speak upon matters related to the Metropolitan Nashville and Davidson County community. This was started about a year ago, I believe, and has gone much better than I expected. I thought social justice warriors would use it to advocate but people have not abused the privilege. Watch to see if the newly empowered progressives take advantage of this opportunity.

Resolutions.  Most are routine things like approving contracts, accepting grants and approving signs overhanging sidewalks. I see nothing that would generate controversy. Here are the only resolutions of interest.

Resolution RS2019-99  and Resolution RS2019-100  reallocates $1million in money that was to be spend on the Gulch pedestrian bridge and spends it on other things. The other $17million approved for the bridge does not require Council action in order to be reallocated but the mayor intends to ask the Council to pass a resolution approving the reallocation anyway. That will be presented in a future resolution.  This should not be contentious.

Bills on First Reading are all lumped together and pass by a single vote. I don't read bills until they get to Second Reading.


Bills on Second Reading. These are the ones that I find of interest.

Bill BL2019-4 prohibits aerial advertising.  I see no logic for this bill and if I served in the council I would vote against it.  This was deferred from last meeting.
Bill BL2019-30 bans barbed wire and razor wire fencing in the Urban Zoning Overlay District along arterial and collector roadways. This is one of those bills about which I am conflicted.  I sympathize with those property owners who are trying to protect their property, but this type fencing creates a feeling of living in a war zone. It makes a street ugly and devalues enjoyment of public spaces. On balance, I think I would support this bill. I do not know if one may appeal to the Board of Zoning Appeal for an exemption from the provision. There should be a process to allow an exception in high crime areas or where one has been repeatedly had their property burglarized.
Bill BL2019-31 would require a permit for all new fencing. This was deferred from the last meeting. Unless their is a compelling reason why we need to start doing this, I would oppose it.
Bill BL2019-43 requires certain financial information received from the State be submitted to the Council. As the Staff analysis explains, "During the prior Council term, the previous administrations received correspondence from the state comptroller on several occasions concerning the finances of the Metropolitan Government and Metro water services. This ordinance would require that similar financial communications in the future be submitted to the Council within seven days of receipt. For purposes of this ordinance, “financial communications” means all written and electronic communications pertaining to the financial status, revenues, expenses, fees or service charges of the metropolitan government and any of its departments, boards, commissions, offices, and agencies. The department head for the applicable department, board, commission, office, or agency would be responsible for ensuring such communication is submitted to the Council as required by this ordinance."  This is a good bill. The Council deserves to be kept informed. It is shameful that the Council was not kept fully informed of Metro's financial crisis by the prior administration.
Bill BL2019-45  raises water and sewer rates. It raises several different fees, raising water fees about 63% and sewer by a lesser amount.  Unfortunately, this has to be done. We have a consent degree agreement with the Federal government to improve the system and don't have the money to do it and the State Comptroller says we have to do it. Also, improvement need to be made. More than 65% of Metro’s water pipes and 58% of the sewer pipes are over 40 years old.  I hope the Council will pursue changes at water and sewer so this situation does not happen again. Water and Sewer operate off of their own revenues and as a result do not get close scrutiny.  Since efficiency and cost cutting at metro water cannot benefit the general fund, they do not get the same oversight as would a regular Metro department.  In my view, changes should be made such that Water and Sewer has a board they have to report to and a member of the Council should be a member of the board.
Bill BL2019-46   would require more oversight of the Water and Sewer Department. It would have to submit annual reports to the Council which would include: 1. The Audited Financial Statements, including net position, capital assets, outstanding bonds payable, and other financial information. 2. The Annual Budget Review, including the adequacy of budgeted revenues to cover projected expenses and debt requirements. 3. Any other information deemed relevant by the director or upon request of the Council public works or budget and finance committees. In my view this does not go far enough. 
Bills on Third Reading. This is the only one of interest.
Bill BL2019-3   authorizes Metro  to opt into the historic properties tax abatement program under state law and would establish a historic properties review board.  I support this. I don't want to require property owners to preserve historic properties but I support incentives that encourage historic preservation.
To watch the Council meeting, you can go to the courthouse and watch the meeting in person, or you can watch the broadcast live at Metro Nashville Network's Government TV on Nashville's Comcast Channel 3 and AT&T's U-verse 99 and it is streamed live at the Metro Nashville Network's livestream site. It is also available live on Roku. You can catch the meeting the next day (or the day after the next) on the Metro YouTube channel.   If can stand the suspense and just wait I will post the video here and provide commentary.

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