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Warrant suspect located at Thorpe and Maple while police investigated shooting

By Howard B. Owens

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A fourth person was taken away in handcuffs at Maple and Thorpe streets in the city last night, the same location of a police incident yesterday related to a shooting on Evans Street.

Chief Shawn Heubusch said the person detained last night was a warrant suspect located during the police search the area of Thorpe and Maple.

Yesterday, three people were detained in that area after a shooting victim was located in a residence on Evans Steet. One person detained yesterday was a potential suspect and the other two were detained for questioning. 

Heubusch said the department will release more information on the incident later today.

Previously: Person shot in area of Watson and Evans, Batavia

Reader submitted photo taken at Maple and Thorpe last night.

Law and Order: Man accused of stealing cologne from Rite Aid arrested

By Howard B. Owens

Carl T. Amesbury, 25, of Jerico Road, Bethany, is charged with petit larceny, criminal possession of stolen property, 5th, driver's view obstructed. Following a complaint of a shoplifter from Rite Aid on West Main Street Road, Batavia, Amesbury's vehicle was located and stopped by Deputy Kyle Krzemien and taken into custody for allegedly stealing and possessing $201.99 in men's fragrances. (Previously: Tall man wearing Adidas flip-flops and tan summer clothes reportedly flees Rite Aid with cologne)

Triton A. Drock, 23, of Buell Street, Batavia, is charged with unlawful possession of marijuana and uninspected motor vehicle. Drock was stopped at 6:20 p.m. Sept. 14 on Cedar Street by Officer Mitchell Cowen.

Devin P. Hofert, 21, of Hutchins Street, Batavia, is charged with DWI, running a red light, driving in the wrong direction, and refusal to take breath test. Hofert was stopped at 2:25 a.m. Saturday on School Street, Batavia, by Officer Mitchell Cowen.

Micheal Stephen Ryan, 58, of Bank Street, Batavia, is charged with grand larceny, 4th. Ryan allegedly stole a credit card and used it to make several snack purchases from a vending machine.

Geoffrey M. Anderson, 52, of Wood Street, Batavia, was arrested on a warrant, arraigned in City Court, and released on time served.

Carlton L. Beardsley, 22, of Walnut Street, Batavia, is charged with harassment, 2nd. Beardsley was charged following a report of a domestic incident at 11:49 on Tuesday.

Funeral arrangements set for BHS student who died Tuesday

By Howard B. Owens

Lorne R. Brudz, the 18-year-old Batavia High School student who died Tuesday, will be lain to rest Tuesday following a Mass of Christian Burial at St. Maximilian Kolbe Parish, 8656 Church St., East Pembroke.

His final resting place will be St. Vincent's Cemetery in Attica.

Funeral arrangements are being handled by Gilmartin Funeral Home and calling hours for family and friends is Monday from 2 to 4 p.m. and 7 to 9 p.m., 329-333 W. Main St., Batavia.

Lorne loved animals and was aspiring to become a Veterinarian Technician. He was an avid reader, loved art, sketching and drawing and enjoyed playing Xbox online with his friends.

His family said Lorne will be remembered for his big heart and his willingness to help anyone who needed it.

Full obituary.

Person shot in area of Watson and Evans, Batavia

By Howard B. Owens

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One person is in surgery at ECMC and three other people are being detained following a shooting near Watson and Evans streets, City of Batavia, shortly after 4:30 p.m.

Chief Shawn Heubusch said one of the three people detained is a possible suspect and the other two potential witnesses.

The victim was shot in the wrist and belly. The victim was flown by Mercy Flight to ECMC.

The three people of interest reportedly fled to a house on Maple Street, which was surrounded by police and the three eventually surrendered.  

Police were initially dispatched to a report of several people fighting on Thorpe Street. When they arrived on scene, officers learned of a shooting victim in a nearby house who was seeking medical treatment. Mercy EMS was called to the scene.

Heubusch said more information will be released when it becomes available.

Annual ag tour doesn't miss a beet with stop at Byron processing facility

By Howard B. Owens

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New York used to be the largest grower of beets in the nation, participants in today's Decision Makers Agricultural Tour, learned while visiting a processing facility in Byron.

Now we're number two behind Michigan, but most of the beets grown in the state that puts us in that position are grown in Genesee County.

As part of the tour, Mark Dewey, of Dewey Farms, talked about his company's processing facility and the beet industry.

The facility processes beets from 600 acres of farmland in the area, on five farms in Genesee County and two in Livingston County. There are no beets grown in New York outside of those counties.

This was the 28th annual ag tour sponsored by the Genesee County Chamber of Commerce.

Most of the beets processed in Byron are handled for a U.K.-based company called Love Beets. 

Love Beets initially started selling beets in the United States by shipping them from Europe to a processing plant in New Jersey. When they learned about the Byron plant, which meets their mission-critical need for sorting by size, the company contracted with Dewey.

The plant processes beets year around. When the local growing season end here in the fall, beets are trucked in from the south through the winter. Dewey said they're working on getting more beets from Mexico for the spring and summer months.

Beets are pickled or canned or turned into juice. Some beets are organic. Others meet the dietary demands of Kosher.

Visitors were able to sample a variety of beet products, including a beet lemonade (really, it's good) that's sold at Tops.

The tour also included a stop by Oxbo International in Byron, where farm equipment is manufactured, and Vegetal, which grows sedum, a cactus-like plant that can be grown on roofs to help reduce energy costs (prior coverage).

NOTE: Oxbo asked that we not publish photos from inside the facility. First three photos are of Dewey Farms and below those is one of Christian Yunker, from CY Farms, which hosts Vegetal, at the Vegetal facility on Bank Street Road, Batavia.

UPDATE: Last photo is of John Easton, Oxbo employee, conducting a tour of the plant. Published with permission.

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City Schools board presents first awards of new school year

By Howard B. Owens

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Press release:

In recognition of her academic perseverance and successful accomplishments, Batavia High student Julieth Caceres was presented with an Outstanding Student Award by Board of Education President Patrick Burk at the Board meeting on September 19.

She was nominated by Courtney Turcer, a teacher of English to speakers of other languages, who wrote, “Julieth sat for both the Global and Earth Science Regents on the same June day, for a total of 12 hours, from 8:30 a.m. to nearly 9 p.m. Unfortunately, she failed both exams. Despite the grueling day, she decided to try both exams again in August when they would be given on consecutive days rather than the same day. This time, she walked in with confidence and a positive attitude and she passed both Regents!

"While this is a great accomplishment for any student, for Juli, this is huge. She moved here three years ago from Colombia and did not speak a word of English. There are not many students who would persevere for 12 hours through two Regents exams in the same day – and then, as Juli did, continue to be positive and return to try again. She is truly worthy of recognition.”

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In recognition of her valuable contribution to the staff and students, Middle School teacher Michelle Woodward was presented with an Outstanding Staff Award by Board of Education President Patrick Burk at the Board meeting on September 19.

She was nominated by Mrs. Lindsey Heassler, sixth-grade social studies and reading teacher, who wrote, “Mrs. Woodward is an extremely hard-working, motivated, and dedicated sixth grade teacher who goes above and beyond her normal obligations for students. She works with students after school on a daily basis and runs various student clubs.

"For many years, she has served as the sixth grade coordinator at the Middle School. In this role, she organizes fundraisers, field trips, and handles grade level finances. This is an extremely large undertaking, and she shoulders the responsibilities with accuracy and expertise. Colleagues would not be able to do many of the extracurricular activities with their students without Mrs. Woodward’s valuable contribution of time and skill.”

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In recognition of her valuable contribution to the staff and students at John Kennedy, teacher aide Michelle Nanni was presented with an Outstanding Staff Award by Board of Education President Patrick Burk at the Board meeting on September 19.

She was nominated by special education teacher, Mrs. Neumann, who wrote, “Ms. Nanni is flexible and willing to support the special education teacher and team of professionals who strives to meet the needs of all John Kennedy students. She has a positive demeanor, and is genuine and kind to all whom she encounters.”

Photos by Kathie Scott, Batavia City Schools.

City Schools exceeding state averages for graduation rates for special education students

By Howard B. Owens

Batavia City Schools continue to exceed state averages for the graduation rates for children with special needs.

Trisha Finnigan, director of special education and alternative education, updated the school board on special education in the district during Tuesday night's board meeting.

For 2015-16, the state average graduation rate of 55.39 percent. The City Schools rate was 60.9 percent.

That's consistent with prior years, going back to 2005-06 when the state was 37 percent and the local rate was 46.4 percent. In 2014-15, the state rate was 50.48 percent and the local rate was 57 percent.

Also, Finnigan said, the district is having some success with students that state doesn't count as "graduated," though she thinks they should be counted.

"The truth is, and I've talked about this before, is that, for example, some of our students that have some pretty significant cognitive limitations and can't earn a Regent's diploma. They now earn what's called a skills and achievement commencement credential. It's evidence that we've prepared them for, ideally, employment or work toward a realistic postsecondary plan. We don't get credit for those in our graduation rate and it actually counts against us. It's something that any time I can give feedback to the state about, I do."

Students also have until their 21st birthday to graduate, but when a student needs more time, the state doesn't count those eventual successful graduations in the district's graduation rate for special education.

"I think many of you had pleasure last year to meet a young lady who needed until January after her senior year to graduate, but she did it," Finnigan said. "That counts against us."

In other measures, 80 percent or more of special education students in Batavia are spending at least 66 percent of their time inside of regular classrooms. That exceeds the state standard of 58.2 percent. 

City Schools names educator with 40 years experience as interim principal for high school

By Howard B. Owens

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As of this morning, Dennis Kenney is the new interim principal at Batavia High School.

Kenney fills the vacancy left when Scott Wilson accepted a position in Churchville.

The school district reviewed several candidates to replace Wilson on a permanent basis but has decided to extend the search.

Kenney will serve as principal until Dec. 22.  

The school board approved his contract in executive session at the start of last night's meeting.

A resident of Warsaw, Kenney has 40 years in education and recently retired as a principal at Iroquois Central Schools, where he worked for 12 years.

His first 18 years in education was with the New York State Division Youth, which is now Child and Family Services, working in residential facilities with kids who had serious emotional issues and learning disabilities.

He's also been a principal at Barker, an assistant in Albion and Canandaigua and served for two-and-a-half years as superintended in Perry.

He has three sons and was on vacation in Virginia Beach with eight of his grandchildren when he got the call from Superintendent Chris Dailey asking if he would be interested in interviewing for the interim position.

"They'll find me a very visible high school principal and very approachable," Kenney said. "I'd like the parents to know that my door is always open, and staff, to come and see me on anything. The students, too. I think we have a great school district here and the high school has a great faculty, good assistant principals, and we're going to work together and keep moving forward."

City school tax rate will go down in 2017-18 by 3.54 percent

By Howard B. Owens

When district officials asked voters to approve a $27 million capital improvement project they promised the tax levy would go up "0.00 percent" and with the approval of the annual tax warrants tonight, Batavia School District trustees kept the promise.

In fact, because assessed values have gone up about 3 percent for properties in the school district, the 2017-18 tax rate for property owners will go down 79 cents, or 3.54 percent.

The new rate will be $21.46 per thousand of assessed value, Business Manager Scott Rozanski told the board.

It's the second year in a row the district has lowered the tax rate by more than 3 percent.

In six of the past 10 years, the school district property tax rate has gone down from the previous year. Accounting for those years the rate has gone up, the average annual increase is .07 .70 percent.

UPDATE: Scott Rozanski provided these PDFs:

He also told us:


The only thing in the District's control is the levy.  The tax rate is determined by a number of factors outside our control (assessments, equalization rate and county adjustments from prior year such as omitted taxes and exemption removals) 
Also, this will be the fourth consecutive year that taxpayers will receive a rebate check from NYS as a result of our compliance with controlling the taxes (tax freeze).

Just one clarification, the ten-year tax levy increase is 0.70 percent (not 0.07 percent) - as written online.

Highway departments in county working together on resurfacing projects

By Howard B. Owens

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Genesee County is leading the state in shared services among municipalities, Highway Superintendent Tim Hens told members of the County Legislature on Monday.

As an example, he pointed to paving work on South Main Street Road this week.

Hauling in asphalt are trucks from Pavilion, Byron, Elba (two), Batavia (three), Stafford (two), Alexander and Bergen.

The crews will also resurface Byron Road this week.  

The $570,000 project is paid for by a state grant.

The South Main project is 3.8 miles and Byron is 4.5 miles.

"It seems things like just keep getting better and better," Hens said. "We have a great mix of (town) superintendents."

Corfu resident to receive heart transplant today

By Howard B. Owens

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Carrie Fisher, a mother of two in Corfu, has been waiting since August for a heart transplant and today, her family finally received word that a heart is available for transplant.

She is scheduled for surgery at 5 p.m. at Strong Memorial Hospital, according to Kurt Fisher.

Carrie Fisher has been at Strong since August on an extracorporeal membrane oxygenation (ECMO) machine. Fisher developed cardiomyopathy during her second pregnancy with her son, Trevor, whom she delivered on July 11. Her heart was weakened and could no longer sustain her.

The whole family and the community have pulled together to help Carrie, Andrew, and their children get through the difficult time.

"We would like to let everybody know (that the transplant is taking place) who have helped us out," Kurt Fisher said. "Thank you."

Submitted photo.

Senators announce $500K in federal funding for water district project in Town of Batavia

By Howard B. Owens

Press release:

U.S. Senate Minority Leader Charles E. Schumer and U.S. Senator Kirsten Gillibrand today announced $500,000 in federal funding for the Town of Batavia in Genesee County. The federal funding was allocated through the U.S. Department of Agriculture (USDA) Rural Development program. Specifically, the Town of Batavia will use the funding to create a new Southwest Water District. The new water district will bring public water service to 40 residential users who do not currently have access to safe drinking water.

“This federal investment is great news for the Town of Batavia,” Senator Schumer said. “With support from the USDA’s Rural Development program, Batavia will be able to create a vital new water district bringing public water service to dozens of residents. I am proud to announce this federal investment and will continue to fight to make sure that rural communities have the tools they need to grow and prosper.”

“This investment ... will help facilitate a critical project that will bring safe and reliable water to dozens of residents in the Town of Batavia,” Senator Gillibrand said. “These funds will provide the necessary resources to build a brand new water district, which will help deliver clean water and enhance residents' quality of life, and protect public health in the area.”

“We are so grateful and excited to receive this funding that will allow us to make a vital resource available to the community," said Greg Post, Batavia Town Supervisor. "Access to clean water will both enhance the personal health of many individuals and spur development in this area.

"Senators Schumer and Gillibrand have long supported us and we express extraordinary gratitude to all elected officials, the USDA, and stewards at every level who have made it possible for us to receive funding for an initiative that will so greatly benefit our community.”

USDA Rural Development's mission is to increase economic opportunity and improve the quality of life for rural residents. The Rural Development agency is committed to improving economies and lives in rural America, through loans, grants and loan guarantees. They support local businesses, individuals, and communities by promoting economic development, offering loans and providing technical assistance.

Developer waiting on financing for Ellicott Station project, deal now expected to close in November

By Howard B. Owens

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A delay in securing financing through the New Market Tax Credit program for developer Savarino Companies has held up the state of the Ellicott Station project, which is the $18 million redevelopment of the former Della Penna property on Ellicott Street in Batavia.

Julie Pacatte, economic development coordinator for the Batavia Development Corp., said today that Savarino expects to close financing on the project in November.

The original target date was August. (For an explanation of financing for the project, click here.)

This week, survey crews are on site so preliminary engineering work can begin. The surveys will help with floodplain-related design work.

Once financing is done, environmental remediation work can begin. 

"Hopefully, we'll get some favorable days and favorable weather during the winter," Pacatte said. "There's also some work to do inside on Resurgence Brewery. By spring, we should be in full construction mode."

There will also be a workforce recruitment project beginning in the fall, in cooperation with PUSH Buffalo and the Genesee County Work Center aimed at finding jobs for hard-to-place workers.

Savarino, Pacatte​ said, is also inviting local contractors to bid on subcontracts. Bid specs will be available on the Savarino website once the purchase of the property is completed.

County plans to adopt policy for color lighting on cupola of Old County Courthouse

By Howard B. Owens

Now that the cupola atop the Old County Courthouse can be lit in any color in the spectrum, County Manager Jay Gsell is proposing the County Legislature adopt a policy on how and when it can be lit for special causes and occasions.

"What we're trying to do is establish a fairly general policy so it doesn't all the sudden become a free for all," Gsell told members of the Public Service Committee during Monday's meeting.

The policy would reserve county, state, and national holidays as well as days designated for "long-established causes" that county is associated with, such as domestic violence awareness, breast cancer awareness, and STOP DWI.

Otherwise, other groups can submit a written request, using a newly created county form, to request to light the cupola in appropriate colors for the specified event or cause.

Whether to grant the request will be at the discretion of the county manager or his designee.

The lighting for the cupola, which is controlled by a computer on the third floor of the courthouse, was donated by Batavia-based Lighting Design Innovations earlier this year.

It was lit -- in red, white, and blue -- for the first time in May.

The committee recommended approval of the resolution by the full Legislature.

Truck tangled in wires on Lewiston Road, Alabama

By Howard B. Owens

A truck is reportedly tangled in wires in front of the Alabama Fire Hall on Lewiston Road, Alabama.

It's unknown if the wires are power lines.

The driver is reportedly still in the truck.

School district mourns passing of high school student

By Howard B. Owens

The Batavia City Schools community is mourning the loss of Lorne Brudz, a student at Batavia High School, who passed away this morning.

The death was announced today on the school district's homepage and Superintendent Chris Dailey sent a letter to parents.

"Our entire school community is mourning the loss of this wonderful young man," Dailey wrote in the letter.

Dailey informed parents that counselors, teachers and support staff are available to assist students, teachers, and parents. He suggested parents talk with their children about the death as it affects people in different ways.

The school district was not informed of the cause of death.

No increase in spending in 2018 expected for County Highway

By Howard B. Owens

The financial outlook for the multifaceted County Highway Department looks pretty much unchanged for 2018, Superintendent Tim Hens told members of the County Legislature on Monday.

Hens presented a department review during the Public Service Committee meeting.

"We're proposing a fairly flat budget and general fund contribution to County Highway," Hens said. "It is actually exactly the same as it was in 2017."

After two winters of mild weather, the county hasn't used much salt recently and with low oil prices the past few years, the cost of asphalt has remained low. Even with hurricane Harvey that hit Houston, causing a bump in fuel prices, Hens expects costs to return to their pre-Harvey level before long.

"I don't expect oil and gas to really fluctuate too much," Hens said.

A pressure point however is the county's bridges and culverts. 

The county has 100 bridges eligible for federal aid. The typical lifespan of a bridge is 50 to 75 years.

"About half of our Federal bridges are what are considered structurally deficient or functionally obsolete," Hens said.

Ideal, the county should replace two bridges with the help of federal aid every year. For the past decade, the average has been one bridge every two years.

"It's a pretty big deal for us to not get federal aid," Hens said.

As for culverts -- which Hens defined as anything with a span of five to 20 feet -- there are 278 in the county. 

Over the past two years, nine of the 30 most in need of replacement have been replaced.

A contract has been awarded to two concrete companies for castings for culvert pipes, so there are 10 under construction now.

For roads, Hens said aid will assist in the reconstruction of Pratt Road and Searles Road next summer.

County Highway and several local town highway departments are working together under a shared-services agreement this week on South Main Street Road, Town of Batavia.

Hens also said when roads are getting repaved, or overlayed, the surface is milled as well as the shoulder and the millings are then ground up so they can be recycled for bedding on the shoulder and expanded shoulders. The roads are being widened by four feet on the shoulders.

"We're winding up with 30-foot roads, which is safer for drivers, is safer for kids on bikes, and people walking. It's a pretty big improvement. It's going to take a long time to get through all the roads, but it will be a big benefit to the county when we're all done."

The project started three years ago.

As for parks, Shannon Morley has been doing a great job as the environmental educator at the interpretative center on the County Park & Forest in East Bethany, Hens said.

Reservations have held steady for use of pavilions at the parks, though crews had quite a bit of work after the March windstorm repairing damaged pavilions, as well as cleaning up trails in the County Park.

With funding being cut off for the Americorps program, the county won't benefit from those helpers at the County Park this year, Hens said, but efforts are underway to work with another program, the state's Student Conservation Program. That's more expensive but the folks with ACORN have raised money to help cover the cost.

It may also be possible to get volunteers from SUNY Brockport.

Hens said the first year of the new ice rink at DeWitt Recreation Area went well, but he thinks for the kids to get the most out of it, it needs to stay open later. When kids get out of school at three or four, and it gets dark at 5:30 p.m., there isn't much time for them to skate. Hens said he is looking into providing some lighting so they can skate longer into the evening.

The biggest news out at the County Airport is a plan to resurface the runway in 2019.

The current runway is 40 years old, Hens said.

The airport continues to be a moneymaker for the county, even with less travel, meaning lower full sales, because of weather this past year.

Typically, the airport has generated $100,000 to $200,000 a year in surplus revenue, but Hens is projecting $65,000 to $75,000 this year.

In the past few years, there have been several improvements to the airport, including a new terminal and new hangars. Since Hens has been highway superintendent, there has been a $27 million investment, most of it federal funds, in the airport.

The investment is paying off, Hens said.

" Our hangars are full and we are way ahead of forecast for what the FAA thinks we should have in terms of based aircraft," Hens said. "In fact, we've got another 8-bay T-hangar waiting in the wings to go up and then another one beyond that, so hoping we can base more aircraft here."

Cuomo to make announcement at City Hall on Thursday

By Howard B. Owens

Local officials are being invited to Batavia City Hall at 1:30 p.m. Thursday where Gov. Andrew Cuomo is expected to make an announcement.

What Cuomo will announce is not revealed in the invitation, but the City of Batavia did submit an application to Cuomo's office for the Downtown Revitalization Initiative contest, which carries a $10 million award for one municipality in each of the state's economic development regions.

While winners have been announced in other regions, the winner of the contest in the Finger Lakes region has not yet been announced.

Local officials cannot discuss the reason for Cuomo's visit.

Law and Order: Man arrested on drug charges after complaint of driver slumped over wheel

By Howard B. Owens

Robert E. Wright, 35, no permanent address, is charged with resisting arrest, obstruction of governmental administration, criminal possession of a narcotic/drug with intent to sell, criminal possession of a narcotic/drug, unregistered motor vehicle, driving without insurance, aggravated unlicensed operation and two counts of unsafe tires.  Wright was arrested following a complaint at 8:46 a.m. Saturday in the area of 563 E. Main St., Batavia, of a man slumped over the steering wheel of a car. At the scene, Wright led officers on a brief foot pursuit. He was also wanted by the Department of Corrections. Wright was ordered held without bail.

Tonya M. Cragg, 38, of Church Street, Tioga, Pa., is charged with criminal use of drug paraphernalia, 2nd, and criminal possession of a controlled substance, 7th. Cragg was allegedly found in possession of a controlled substance at 8:46 a.m. Saturday in the area of 563 E. Main St., Batavia. She was released on an appearance ticket.

Carla Faye Ewell, 59, of Oak Orchard Road, Elba, is charged with DWI, driving with a BAC of .08 or greater and inadequate headlamps. Ewell was stopped at 12:40 a.m. Sept. 9 on East Main Street, Batavia, by Officer Felicia DeGroot.

Earl R. Benson, 51, of South Main Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and driving on the wrong side of the median. Benson was stopped at 9:56 p.m. Sept. 8 on East Main Street, Batavia, by Officer Christopher Lindsay.

Madison Alyssa Scheurlein, 19, of Overlook Drive, Batavia, is charged with petit larceny. Scheurlein allegedly stole two items from Kohl's valued at $72.

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