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Manhatten Ave man accused of selling cocaine to undercover agent

By Howard B. Owens

A 42-year-old Manhatten Avenue resident was taken into custody today on suspicion of selling cocaine in Batavia.

Robert K. Andreassen is charged with criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd.

Andreasson is accused of selling a quantity of cocaine to an agent of the Local Drug Enforcement Task Force.

Task force members along with Batavia PD officers arrested Andreassen at his residence.

Following arraignment in county court, Andreassen was released under supervision of Genesee Justice.

Ashcan fire reported at office complex on West Main Street

By Howard B. Owens

An ashcan, or ashtray-type container, is reportedly on fire at 319 W. Main St., Batavia.

The owner has pulled the container away from the building.

City fire is responding.

UPDATE 7:38 p.m.: Fire out. City fire back in service.

Veterans, readers of The Batavian, join us for lunch at Settler's on Monday

By Howard B. Owens

John Woodworth suggested last year that this year -- and he just reminded me -- readers of The Batavian who are veterans should get together on Veterans Day for lunch.

So we're going to have our lunch this year on Monday, noon, at Settler's.

If you're a reader of The Batavian, please join us for lunch. It's Dutch treat, but we would love to see you there.

Most of the county's Veterans Day events to be held Sunday

By Howard B. Owens

Although banks, government offices and schools will be closed Monday in observance of Veterans Day, the important date for veterans is Nov. 11, and that falls on Sunday this year.

On Sunday, veterans will observe the solemn day at the following locations and times:

  • 9 a.m. -- Genesee County Park (Vietnam Veterans of America)
  • 10 a.m. -- Batavia VA Medical Center, 222 Richmond Ave. Ceremony will be held by the flagpole at Building 3, followed by coffee social in Building 4, Recreation Hall.
  • 10:20 a.m. -- New York State Veterans Home - after the reading of the NYS proclamation and ceremony several proclamations honoring Joseph Joy for membership to the American Legion for 70 years will also be read.
  • 11 a.m. -- Upton Monument
  • 11:30 a.m. -- Jerome Center at United Memorial Medical Center

On Monday:

  • 1 p.m. -- Genesee Community College at the flag pole.

GCEDC named IDA of the Year by Upstate real estate development group

By Howard B. Owens

Press release:

The Genesee County Economic Development Center (GCEDC) received the Industrial Development Agency (IDA) of the Year award from the Upstate chapter of NAIOP, the Commercial Real Estate Development Association at the organization’s annual awards dinner on Nov. 8 at the Locust Hill Country Club in Rochester.

“For the second year in a row, NAIOP is pleased to recognize the Genesee County Economic Development Center,” said David Reddinger NAIOP president-elect and Genesee County resident. “As a Genesee County resident I can see firsthand the significant economic development that is occurring in our county and it is largely because of the efforts of the GCEDC.”

The IDA of the Year award was based on the GCEDC’s work in developing the Genesee Valley Agri Business Park in the Town of Batavia. The 2,011-acre site is home to international yogurt manufacturing companies Alpina Foods and Muller Quaker Dairy.

“This award and recognition would not be possible without the collaboration and support of our key partners, including the public sector and entities such as Buffalo Niagara Enterprise and Greater Rochester Enterprise,” said Steven Hyde, president and CEO of the GCEDC.

“I also want to recognize the leadership of the GCEDC board which had the vision to invest in this site to make it shovel-ready to bring companies like Alpina and Muller Quaker to our region.”

Last year the GGLDC was recognized by NAIOP Commercial Real Estate Development Association Upstate New York Chapter for the development of the Dr. Bruce A. Holm Upstate MedTech Centre, located in Batavia, NY. Selected industrial, retail, and residential development projects were judged on their design, functionality, project challenges, aesthetic appeal, sustainability, and economic success.

Photo: Notre Dame's cross-country stars get big send off at pep rally

By Howard B. Owens

Submitted by Bare Antoles:

The students of Notre Dame started their day on Friday by gathering to cheer on their classmates, the Girls XC Sectional Championship team -- Madison Gluck, Laurie Call, Anna Warner, Emily McCracken, Shelby McGinnis, Rosemary Flumerfeldt, Emily Sherman -- and Boys Sectional Champion Jeffrey Antolos prior to leaving for the NYSPHSAA State Championships to be held tomorrow at Elma Meadows Golf Course in Elma, NY.

Man arrested at College Village accused of bribery, wanted in Virginia and Poughkeepsie

By Howard B. Owens

A Brooklyn man is facing a rare bribery charge in Genesee County, but that's not nearly the end of his legal troubles.

He's also wanted in Poughkeepsie and Virginia.

Christian J. Nykian, 20, was in custody and identified as a man wanted on a warrant out of Henrico County, Virginia, when he allegedly told State Troopers, “Yo, I will give you all my money in my pocket to make this go away."

In his pocket, according to Investigator Andre Dunlap, was $198.28.

Troopers Jenny Bryman and Steve Brady initially made contact wth Nykian at College Village on Wednesday after responding to a trespassing complaint.

Four subjects were found in a dorm room who allegedly did not have permission to be there.

When questioned, Nykian said his given name was Christian, according to Dunlap. When a records check turned up a warrant in Virginia, he said his real name was Johnny.

The troopers took him back to the State Police Barracks on West Saile Drive and a fingerprint scan positively identified him as Christian J. Nykian, Dunlap said.

That's when Nykian allegedly offered the troopers his $198.28 to "make this go away."

Locally, Nykian is facing a Class D felony for the alleged bribery of a public official as well as false personation and obstruction of governmental administration, 2nd.

In Virginia, Nykian is wanted for felony false pretense and false utterance.

Poughkeepsie PD authorities are also seeking Nykian on charges of grand larceny, 3rd, and possession of a forged instrument, 2nd.

Dunlap said both jurisdictions have said they will seek extradition of Nykian. He will likely face the New York charges before being sent to Virginia.

Nykian is being held in the Genesee County Jail without bail.

Oakfield resident turns himself in on accusation of sexual abuse

By Howard B. Owens

A 40-year-old man turned himself in to Batavia PD following a complaint that the man sexually abused a child under age 11.

John W. Eastridge, 40, of 7058 N. Pearl St., Oakfield, was charged with sexual abuse, 1st. Following arraignment he was released under supervision of Genesee Justice.

Eastridge allegedly subjected a child to sexual contact in September 2009 in Batavia.

Assisting Det. Charles Dudek on the investigation were Chris Erion and John Dehm of the Sheriff's Office.

Law and Order: Alleged shoplifter accused of possessing crack cocaine

By Howard B. Owens

Faith Brenda O'Berne, 44, of Mount Read Boulevard, Rochester, is charged with petit larceny and criminal possession of a controlled substance, 7th. O'Berne is accused of stealing a $200 TV from Kmart. During the investigation by Deputy Brian Thompson she was allegedly found in possession of crack cocaine.

David R. Mark, 26, of Dansville, is charged with petit larceny. Mark is accused of shoplifting $89 in merchandise from Kmart.

Thomas Michael Rider, 55, of Lathrop Avenue, Le Roy, is charged with DWI and driving with a BAC of .18 or greater. Rider was stopped by Sgt. Greg Walker at 6:58 p.m., Tuesday, on Buffalo Road in Bergen after allegedly being observed driving and striking a curb in a parking lot.

Trashawn D. Bell, 17, of 46 Walnut St., Batavia, is charged with harassment, 2nd. Bell is accused of punching another person Nov. 2.

Taylor L. Finnin, 19, of 1 Cone St., Batavia, is charged with grand larceny, 4th, and 16 counts of possession of a forged instrument. Finnin turned himself in after learning of an arrest warrant on the listed charges. Finnin was jailed on $10,000 bail.

Funding GCEDC debated at county budget hearing

By Howard B. Owens

At a hearing giving the public a chance to weigh in on the proposed 2013 Genesee County budget, five people showed up to speak.

Three of the speakers addressed funding for Genesee County Economic Development Council, one spoke on veterans issues and the fifth told legislators they need to find a way to balance the budget without raising taxes.

Kyle Couchman and John Roach both spoke out against spending more than $200,000 to underwrite the EDC's economic development efforts.

Couchman said he liked the idea of holding the funding in reserve until GCEDC came forward during the year with specific justifications for its expenditure.

"I came here tonight because I wanted to be a voice for the community, for the people who don’t always get to the meetings but have a strong feeling on this issue," Couchman said.

Roach (top photo), who also addressed veterans issues, said there are other things some $200,000 could be spent on, from reducing the county's debt to holding it a reserve fund for a new jail.

GCEDC doesn't need the money, Roach said. The county does.

Charlie Cook, the incoming chairman of the board for GCEDC, spoke up for continued funding from the county.

Cook, who is owner and CEO of Liberty Pumps in Bergen, used his own company as an example of how GCEDC aids business growth.

He said 13 years ago, Liberty Pumps had a 33,000-square-foot building and employed 50 people. Today, after two expansion projects, Liberty Pumps employs 130 people.

"Our people pay taxes and support the local economy," Cook said. "It’s impossible to put a price tag on the impact of growing employment and the ripple effect of those incomes in the community. More employment creates other jobs, enhances the tax base, supports the residential real estate market and retail economy and provides much needed resources to local communities and schools."

The county's support of GCEDC sends an important message about the community being united behind economic growth, Cook said.

"It’s deeply disappointing and discouraging to me as a volunteer that the GCEDC -- an organization whose sole purpose is to benefit the community and its residents -- is threatened with abandonment by that community," Cook said.

More than a dozen veterans showed up to the meeting. There had been concern recently in the veterans community about the Veterans Services office being located inside the Department of Social Services.

County Manager Jay Gsell is now working on a plan to move the office, and make it its own department again, either at the Job Development office on East Main Street or the VA hospital.

Jim Neider, speaking for many of the veterans present, said either proposal helped relieve much of the concern in the veterans community.

Roach said he favored the job development location because of better parking and, he noted, the VA center serves veterans from all over the region. If they see a veterans services office there, they may not realize it's there only to serve Genesee County residents.

Former Legislator John Sackett also spoke. He knocked the legislature for blaming other agencies for mandated spending as an excuse for a tax increase when there are still cuts in the budget that can be made.

He complained that employees and elected officials are not being asked to give back some of their benefits, especially in the area of health care. He questioned any deficit spending on the county nursing home. And he said the county shouldn't be creating two new staff positions.

The meeting opened with remarks by Legislative Chair Mary Pat Hancock followed by a budget overview from Gsell.

The headline out of Gsell's talk was that the county is exploring options for selling or transferring the nursing home to another entity.

The county cannot afford, year after year, Gsell said, ongoing operating losses from the nursing home.

The nursing home will not be closed, he said. It will not be abandoned. Employees won't lose their jobs. Patients will not be put out on the street.

Gsell said state and federal mandates continue to eat up most of the revenue generated for the county from property taxes and the top nine mandates consume 78 percent of the tax levy.

Counties in 48 of the 50 states don't have these mandates, Gsell said.

"Recent comments by Gov. Andrew Cuomo, and I quote, 'For many years, they (local governments), just put their hands deeper into the pockets of the taxpayers and the taxpayers have left' would give you the impression that county governments in New York State volunteered to get into the funding of benefits programs such as Medicaid, EI/pre-K services, indigent defense, Safety Net, etc.  Governor -- we did not!

"The state dictated to county governments to pony up and help the state shoulder the burden," Gsell added. "Hence, the New York State imposed property tax."

The county's $145 million spending plan includes a .08 cents per thousand property tax increase, making the rate $9.97 per thousand. The rate increase is four cents below would could be raised under the property tax cap. To help balance the budget, the county will spend $2.5 million from reserves.

The budget is up nearly $4 million over last year. All of the increased spending is driving by mandates expenses, particularly in Medicaid and employee pensions.

The budget is scheduled for adoption Nov. 28.

Hyde's message to local business owners: Be ready for economic growth, because it's coming

By Howard B. Owens

Steve Hyde was the keynote speaker today at the annual meeting of the Genesee County Chamber of Commerce.

Besides getting an update on the chamber's progress over the past year from President Lynn Freeman (bottom photo), and electing new board members, chamber members heard from Hyde about how economic development helps grow local economies.

He used Alpina and Quaker-Muller as an example of how direct jobs, indirect jobs and what he called "induced jobs" spur economic growth.

In phase one, the two yogurt factories are expected to hire 236 people.

The supply chain for the two plants -- packaging, shipping, warehouses, suppliers -- will need to create an estimated 300 jobs.

Combined, direct and indirect jobs will mean mean $13 million in wages and benefits for people working -- and presumably living -- locally.

"So you have this growing regional ecosystem and this growing element of wealth and wages that are spent by the employees and the supply chain employees and the construction workers," Hyde said. "What do they do? They go to restaurants, dry cleaning, retail, the grocery store, fuel -- 174 jobs and another $7 million."

Hyde challenged the local business owners to work with the chamber and other local agencies to prepare for growth, to be in a position to work either directly or indirectly with Alpina and Quaker-Muller, or to meet the needs of the new employees and their families.

"That’s all still to be realized," Hyde said, "but my question to you as small businesses in our community: are you positioned to participate in that? Do you have the resources, the marketing, the position to scale and support growth like this?"

Vehicle rollover, no injuries, on Bloomingdale Road

By Howard B. Owens

Some type of equipment has rolled over in the area of 837 Bloomingdale Road, Tonawanda Indian Reservation.

The driver is out and uninjured.

Unknown if it's leaking any type of fluid.

Traffic is blocked.

Alabama Fire Department responding.

UPDATE 4:37 p.m.: A chief on scene reports he's informed the accident location is at Bloomingdale and Meadville. The equipment is a "Land All."  Primarily, Alabama fire needed for traffic control while workers try to upright the vehicle, which is on its side.

UPDATE 4:52 p.m.: Bloomingdale at Meadville will be shut down.

UPDATE 5:44 p.m.: The equipment has been uprighted and removed from the road. The road is reopened. Alabama is back in service.


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Newly appointed planner says county's future will depend on smart growth

By Howard B. Owens

Felipe Oltramari is becoming director of planning for Genesee County at a potentially very interesting time.

It's a time when trends nationally are changing and a time when the county could be on the verge of unprecedented growth.

Oltramari's appointment was approved by the Ways and Means Committee on Wednesday and will be official once it's approved by the full legislature next week.

The 36-year-old native of Chile takes over for Jim Duval, who went to work for the planning department 1976, the year Oltramari was born (Duval became director in 2000). Oltramari worked for Duval for 10 years and said Duval did a fantastic job of running the department.

"If I can do half the job he did, I’ll be a very successful planner," Oltramari said.

Oltramari moved to the United States when he was 12 after his mother married a Kodak employee. He graduated from Irondequoit High School and then got a bachelor's degree from SUNY Geneseo in biology with a concentration in environmental science. After earning his master's in 2002 in environmental land planning from SUNY ESF (Environmental Science and Forestry, near Syracuse), he went to work in Genesee County's planning department.

"I'm looking forward to leading the department," Oltramari said. "We have a great staff. Holly McAllister and Jill Babinski have both always done a great job for county residents."

With the early success of the Genesee Valley Agri-Business Park and the STAMP proposal in Alabama, the county planning department -- which acts as technical assistance and advisory for town and village planners -- could become very busy in the next few years.

Helping to managing growth, planning it intelligently and protecting natural resources will part of Oltramari's duties.

"One of the things the county has to keep in mind is we have great natural resources," Oltramari said.

Chief among those resoures is great farming soils, Oltramari said. while only about 8 percent of the Earth's surface has prime farm soils, Genesee County is about 50 percent prime farm soils.

So much good soil is even more valuable when you consider the water availability in this region.

"That’s one thing that makes us a bread basket for our state, and our country at one point," Oltramari said. "That’s one thing that we have to remember, how to manage and take care of our resources and not take it for granted."

One way to do that is through what's known as new urbanism, or planning around form rather than use.

"Before we worried about factories next to homes," Oltramari said. "But now the factory might be in China and things get assembled and shipped here. The global economy has changed the way local economies work. I think one of the things we'll see is people worrying less about what the use is next door and instead worry about how it looks and sits next their property, how it relates to their property."

Oltramari is looking at trends in places like Miami and Denver, and even Buffalo, to plan growth around tighter clusters of mixed-use development, where homes are more neighborhood friendly and shopping and work are close by.

Such developments help save space, and can help protect farm land.

Unlike places such as Clarence and Williamsville, which has already been through periods of sprawling growth, Genesee County has an opportunity to manage its growth in a way that better preserves resources and promotes community.

"If we grow in a smart way, don’t waste space, treat it like we should, we'll be a successful county," Oltramari said.

Church burglar gets near maximum sentence from Noonan

By Howard B. Owens

No matter how much John A. Cabrera Jr. wants to prove to the community he's a good person, he's going to have to wait, Judge Robert C. Noonan told the church burglar this morning.

The 22-year-old Cabrera told Noonan he knew had made mistakes and he was sorry for hurting people.

"In your crime spree, you victimized people who are the people who help others in the community," Noonan said. "Nothing but a long prison term would be appropriate. I'm glad you want to turn your life around, but it's going to be a long while before you can do that."

In October, Cabrera admitted to three Class D felonies of burglary and escape.

With a possible maximum sentence of two-and-a-third to seven years on each count, Noonan came close to giving Cabrera the max. Cabrera will serve two to six on all three counts, served consecutively, which means he could be in prison for six to 18 years. If he's released any time before 18 years, the balance of the sentence will be served on parole.

Cabrera's crimes included a burglary of St. Paul's, St. Mary's, Ascension West, First Baptist and St. James.

"I'm very, very sorry for what I did," Cabrera told Noonan. "Looking back on it, it's never worth it to hurt somebody, especially in a community setting like a church. It effects a lot of people. You hurt everybody in the church."

The Oct. 9 plea also satisified any uncharged crimes Cabrera may have committed and in court today Cabrera was ordered to pay restitution to a Town of Batavia women he also stole from.

He will also be required to pay restitution to Genesee County for damage he did to the jail when he escaped.

His total restitution to the churches and the woman total $7,018. Whatever balance remains unpaid upon his release from prison will be paid in $200 monthly installments, Noonan ruled. The churches and the Batavia woman will be paid first, followed by the county, before the insurance companies are paid.

"What I did was wrong," Cabrera told Noonan. "Either way, whether it was churches or somebody else, it was wrong. I'm ready to change, to seek help and to pay my debt and pay restitution. I want to do what is right. I don't want this to linger after I get out. I don't want to be remembered for the bad things I did after I get out. I want to be remembered for doing good because I'm not a bad person. I'm a good person."

District Attorney Lawrence Friedman argued that given the scope of the crimes and the nature of the victims, Cabrera should receive the maximum possible sentence.

Attorney William Harper, representing Cabrera for the Public Defender's Office, asked Noonan to consider that Cabrera never had any contact with law enforcement prior to his early summer crime spree.

He noted that Cabrera had a mental health and drug problem, which he sought help for on his own before the crime spree even started, but never really got help.

There's also an indication, Harper noted, that Cabrera's church burglaries didn't begin until after Cabrera started using bath salts.

"Bath salts wreaked havoc with his ability to deal with his mental health issues and refrain from engaging in criminal activity," Harper said.

Noonan said he was sympathetic to Cabrera's mental health issues, but the issues were not of the severity or nature that he couldn't recognize what he was doing was wrong. Presentence reports, Noonan said -- not withstanding Cabrera's own statements in court -- indicate that Cabrera believes the normal rules of society do not apply to him.

Announcing the winners of two recent contests

By Howard B. Owens

We recently ran contests for two local businesses where people were asked to Like the businesses on Facebook and register for the contest.

  • Paul Carr is the winner of our Hardcor Audio contest. Paul wins an XM Snap.
  • Jerri Papke is the winner of our Valle Jewelers contest. Jerri wins a Chamilia bracelet.

Watch for more Facebook contests soon. Businesses, if you are interested in increasing the number of people who follow you on Facebook, contact Lisa Ace at (585) 250-4118.

At least four legislators leaning toward tightening purse strings on GCEDC

By Howard B. Owens

At one time, it seemed unthinkable that the Genesee County Legislature would cut or eliminate funding for the Genesee County Economic Development Center.

At a budget discussion Wednesday, Legislator Ray Cianfrini raised the topic and found at least some level of support from Frank Ferrando, Marianne Clattenburg and Annie Lawrence.

No action was taken, but the legislators agreed to discuss the topic further.

There is a budget hearing -- where the public will comment, but not legislators -- at 7 p.m., Thursday, at the Senior Center, as the county moves toward wrapping up its 2013 budget process.

"I want to go on the record that I am opposed to funding GCEDC to the tune of $215,000," Cianfrini said. "It's no secret, and I'm told, that they are planning bonuses again this year, or salary adjustments, or whatever they're going to call them. I'm vehemently opposed to this and I'm not even sure it's legal."

Ferrando said he agrees with Cianfrini's overall position, but wonders if a compromise position can be found.

Steve Hyde, CEO of GCEDC, has said the county share of funding is critical to meeting operational expenses for the industrial development agency.

Mary Pat Hancock expressed concern that a cut in funding might send the wrong message to potential businesses looking to set up shop in Genesee County, that it might signal that Genesee County doesn't want the business.

County Manager Jay Gsell said he knows businesses are sensitive to any perception that the county isn't committed to meeting their needs. He said when Pepsi and Alpina got wind of possible restraints on infrastructure spending, executives from those companies expressed concern.

So Ferrando's idea is that if the funding is truly essential to the GCEDC, set it aside in the budget, but don't give it to the agency until staff members come before the Ways and Means Committee and makes a case for specific expenditures.

Ferrando acknowledges that setting the money aside would mean it gets neither reallocated to other programs nor returned to taxpayers, at least for a year, but at least it mutes the perception that the legislature is funding bonuses for GCEDC executives.

"Right now, they are very successful in many ways," Ferrando said. "I'm very appreciative of what they're doing for our county, but if they don't need the money, we do need it now. That's the only point I'm trying to make. If there is some process where we can determine that they need it, then we give it to them. If they don't need it, we sure as heck do."

Clattenberg leaned more toward just ending the subsidy, Lawrence seemed to lean toward Ferrando's idea of having GCEDC make a case for funding when they need it.

After discussing another matter, the topic came up again and Hancock expressed reservations about cutting funding to the agency.

"Certainly, I see your concern, but to wash it right from under them and say no, I'm not so sure that would be a helpful message (to the business community)," Hancock said.

Legislator Robert Bausch noted that for 30 years the IDA existed and there was no controversy over bonuses to staff. It's only something that has come up in the past few years.

That's because, he said, for 30 years the IDA didn't do anything. Now it does. Now it is making things happen.

"They did nothing and you didn't incentivize them to do anything," Bausch said. "The first issue you have to address is that now they have incentives and they're doing something."

Hancock's advice to legislators when faced with constituents who complain about the bonuses and the county's funding share is to tell them that for every dollar the county puts into GCEDC, $16 is returned.

Lawrence noted that when the legislature met with the GCEDC board over the summer and expressed concern about how staff was compensated, the concerns largely fell of deaf ears.

"Yes, they're doing great things for our county and project a growing work force, but they have to come to a realize that here are the facts," Lawrence said. "It's dollars and taxes."

Legislator Shelly Stein, who now represents the legislature on the GCEDC board, said the county's issue with bonuses and funding hasn't fallen on deaf ears. Employment contracts are being renegotiated and she said she doesn't believe that next year bonuses will be paid. However, any bonuses that might be announced in early 2013 are for 2011 successes.

While Cianfrini said he supports GCEDC, the work they do and believes Hyde and team are doing a great job, he thinks cuts to their funding may need to come sooner rather than later.

"My recommendation is that we reduce their contribution by the amount that they pay out in bonuses or salary adjustments," Cianfrini said. "If they feel the necessity to pay out then they really don't need our money and the money can be allocated to other programs that need funding, or we adjust our tax rate."

Woman accused of selling hydrocodone and oxycodone

By Howard B. Owens

Updated with additional information from the Sheriff's Office at 6:38 p.m.

A Batavia woman was arraigned on two felony drug counts today in county court.

Tracey Brewer (aka Tracey Cook), 47, of 52 Columbia Ave., Batavia, is accused of selling hydrocodone and oxycodone.

She was arrested Tuesday on a sealed grand jury indictment. She is charged with one count each of criminal sale of a controlled substance, 4th, and criminal sale of a controlled substance, 3rd.

Brewer's arrest followed an investigation by the Local Drug Enforcement Task Force.

She is accused of making the sales April 4 and April 18 at her Columbia Avenue residence to an undercover agent.

Batavia PD assisted in her apprehension.

Brewer was released following arraignment under supervision of Genesee Justice.

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