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Reader photo: Rainbow in Le Roy

By Howard B. Owens

A reader submitted this picture of a rainbow in Le Roy this afternoon. The reader wrote, "The colors were so bright against the dark sky!! Can't believe its December and this was what I drove towards after work."

(btw: if you're going to send in pictures, please make sure they're at least 460 pixels wide so we can see them better.)

Water rescue team being dispatched to Wortendyke Road area

By Howard B. Owens

A water rescue search is being set up in the area of Wortendyke and South Main Street roads.

East Pembroke's water rescue team responding along with Town of Batavia.

A command post is being set up in the area of Pudgie's Home and Garden Center on West Main Street.

UPDATE 8:31 p.m.: A K-9 unit has tracked a path that indicates a woman may be in the water. Alden's water team also requested to stage in the area. "The water is moving pretty fast," a chief says.

UPDATE 9:09 p.m.: Corfu Fire Department is called to East Pembroke's hall to provide light towers where they are needed. The searchers are sweeping both sides of the Tonawanda Creek. They are headed west of the retention pond. A thermal imaging camera is requested to be at the ready roadside, south of Route 5. The woman they are searching for is said to be blonde, wearing a green jacket and carrying a backpack. They heard a female is screaming loudly near a storage unit, and thought it might be related to this call. The situation first came to the authorities' attention when a medic alerted dispatch that a woman, who appeared to be intoxicated, was lying on the ground near Pudgie's Lawn & Garden Center. She seemed to have an injured leg and was last seen headed toward the creek. Deputies who responded found a woman's shoe(s) roadside, and the K-9 "scented toward the creek." Now they are saying the screaming woman is someone in a trailer park close by yelling for her dog. "We don't have to look out for a pooch, too, do we?" "No" came the reply. A deputy says there's "a good deal of K-9 activity in the (Dreamland trailer) park, which is an indication that she may have been here and is now out of here."

UPDATE 9:17 p.m.: They found a shoeless woman at the Dreamland Trailer Park, lot # 8. Everybody is packing up and will be leaving shortly. An ambulance will be responding to her location.

UPDATE 9:35 p.m.: The patient refused treatment. She is now in law enforcement custody.

Yancey's Fancy gets tax relief from GCEDC for expansion

By Howard B. Owens

The Corfu-based artisan cheese maker Yancey's Fancy is planning a $296,000 expansion and will receive $20,000 in tax abatement, the Genesee Economic Development Center announced today.

The tax exemptions were ratified by the GCEDC board on Tuesday on the promise from Yancey's Fancy of 100 jobs retained.

No new jobs are expected to be created by the expansion.

The 60 percent PILOT will save Yancy's Fancy $13,000 in property taxes over 10 years.

The company also gets a $6,900 sales tax exemption on construction materials.

Information on the nature of the expansion was not released by the GCEDC.

Yancey's Fancy is located at 856 Main Road.

'Significant year' justifies GCEDC bonuses, board member says

By Howard B. Owens

A six-figure bonus package approved for staff members of the Genesee County Economic Development Center were earned by a great performance in 2011, said outgoing county Legislator Hollis Upson today after the perks were announced.

He characterized 2011, which saw, according to the GCEDC, 172 jobs created and more than $3 million in strategic investment approved, a great year for the center.

"The year was better than our expectations at the beginning of the year and better than anyone could have anticipated under the circumstances," Upson said.

Upson is finishing up his time on the legislature. It will be up to the legislature in 2012 to determine whether he continues to represent the county on the GCEDC board.

The bonus payments total $120,000 with $72,000 going to the CEO, Steve Hyde. It will be up to Hyde to determine how the remaining pot of money gets divided among the rest of the staff.

Asked if Hyde's bonus is justified in a county where the median annual income is just over $40,000, Upson said that, of course, he would like to get that kind of bonus himself, but he doesn't have a problem with it.

"I feel he deserves it," Upson said. "I know the work he's doing and if you compare it to what he does with the private sector, what he could be getting in the private sector would be much more."

The whole staff, Upson said, deserves credit for a job well done in 2011.

"They exceeded all of the goals we set for them," Upson said.

The GCEDC press release said 172 jobs were created; the goal for capital investment commitments was $13.8 million, and there were $51.3 million in commitments in 2011; and, two, rather than just one, major projects of at least $10 million in investment were signed (Alpina and expansion at O-AT-KA).

The only goal not met was for GCEDC to close a mega project deal worth more than $50 million.However, Upson noted, the Project Wave deal is just a few details away from being finalized.

"It was a pretty significant year for us when you consider that everybody else (in other jurisdictions) is in pretty dire circumstances," Upson said.

Photo: Le Roy police looking for 'person of interest'

By Howard B. Owens

Le Roy police are looking for the black or Hispanic male behind the woman in the check-out line. Investigators have identified him as a person of interest in the theft of a stolen purse and credit card that occurred Tuesday.

Batavia names new head football coach

By Howard B. Owens

UPDATED with comments from Bromley at 2:01 p.m.
UPDATED at 4:43 p.m. with comments by Briggs.

Brennan Briggs, who led the Blue Devil's JV squad to an undefeated season in 2011, has been named the varsity's head football coach.

Briggs replaces Dan Geiger, who had a 16-35 record over six seasons as the Blue Devil's head coach.

The board of education approved the promotion of Briggs on Monday.

Athletic Director Michael Bromley said Briggs is somebody he's had his eye on since Brennan's student-athlete days at Batavia.

"It was easy to see as a young kid he was a great leader," said Bromley.

Briggs was a standout athlete in football and hockey, helping lead the hockey team to two sectional titles.

Bromley said when Briggs decided to major in physical education in college, he saw him as a potential teacher and coach at Batavia.

"He's got a lot of great experience and I have no doubt he will be a success," Bromley said.

The promotion, Briggs said, is exactly what he had in mind for himself.

"It’s been a goal of mine since I got into coaching to become a head football coach, to get out under the lights on Friday night and there’s no place better to do it than Batavia High," said Briggs.

Brigg's is the son of a former Gates-Chili coach Jim Briggs, a Section V Hall of Fame member.

Jim Briggs was also a standout athlete at Batavia HS and is in the schools hall of fame.

Bromley doesn't anticipate the senior Briggs being involved officially the football program, but he's sure father and son will talk a lot.

"It's obviously a great resource to have somebody with his knowledge and his level of success available as a dad," Bromley said. "I'm sure there will be a lot of dinner table conversations."

Brennan said you can rule out any idea of Jim becoming an assistant coach.

"He's got two grand sons he helps take care of and he's quite content doing that," Briggs said.

But they will talk.

"Obviously, I'll listen to anything everything he has to say, but he also does a good job of stepping back and let me be Brennan Briggs," Briggs said.

The players received the news of the promotion for Brigg's well, Bromley said. 

It was important to get Briggs started as coach this month, with players already beginning training and weight work for next season.

"Winning football isn't just about what you do during the season," Bromley said. "It's also what you do during the off season."

Fans shouldn't read too much into the undefeated JV record, Briggs said. There are a lot of JV teams in the area that have undefeated seasons, but that doesn't necessarily translate into winning varsity programs.

"I don't want everybody coming here thinking, 'Oh, Coach Briggs is undefeated on JV and they're going to be undefeated on varsity.' It doesn't work that way," Briggs said. "It's not going to be a complete transformation over to varsity."

That said, Briggs said he's already established a relationship with a lot of his players, both from coaching JV football and coaching baseball at the school.

His goal: Establish a winning culture.

"It's about discipline and hard work and it doesn't always show up on the score board, but inch by inch, we'll get there," Briggs said.

Briggs is pretty young at 26 to take over a varsity program, and he sees his age as offering both pros and cons.

When you're a young coach, he said, you can relate to a lot more of what the kids are going through away from campus, but they can also come to see you too close as peer.

"There's a fine line where these kids see you as a young person, you’ve got to establish that you’re the coach," Briggs said. "Yes, I want a good relationship with them, but there’s a fine line and you establish that by expecting discipline, not accepting any excuses and being hard on  them and just expecting the best from them every single day."

Bromley anticipates working with Briggs and putting together a coaching staff for Briggs over the next month.

Grand Jury Report: Man accused of selling sawed-off shotgun and cocaine

By Howard B. Owens

Marcos A. Torres is indicted on one count of criminal sale of a firearm, 3rd, and two counts of criminal possession of a controlled substance, 3rd. Torres is accused of unlawful possession of a firearm and unlawfully selling that firearm on June 22. The firearm is described as a Remington Wingmaster Model 870 20-gauge shotgun having a barrel less than 18 inches in length. He is also accused of possessing cocaine with the intent to sell it.

Joshua G. Bachorski is indicted on three counts of possession of stolen property, 4th, two counts of forgery, 2nd, and three counts of petit larceny. Bachorski is accused of possessing stolen credit cards to use for himself without authorization of the cards' owners. Bachorski is also accused of signing other people's names to purchase agreements. Bachorski is accused of purchasing gift cards with the stolen credit cards.

Jeffrey A. Mooney is indicted on counts of DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation. Mooney is accused of driving drunk Sept. 15 on Route 98 in Elba.

James F. Webb is indicted on counts of criminal contempt, 1st, and five counts of criminal contempt, 2nd. Webb is accused of making multiple telephone calls to a person he was under court order not to contact, with the intent to harass, annoy, threaten or alarm the person.

Sharon L. Awall is indicted on charges four counts of grand larceny, 4th, and seven counts of petit larceny. Awall is accused of stealing three credit cards and a gift card belonging to another person. She is accused of stealing two gold wedding bands, a gold engagement ring with a 1/4-carat diamond, a gold engagement band with a diamond, a man's gold wedding band, a gold anniversary ring with five diamond chips and a wallet.

No Bill: The Grand Jury returned with no bill (no counts filed) against Carolyn M. Smith, accused of assault, 2nd.

Law and Order: South Byron man accused of violating order of protection

By Howard B. Owens

Troy D. Hubler, 41, of 7634 Byron Holley Road, South Byron, is charged with aggravated harassment, 2nd, and criminal contempt, 2nd. Hubler was located in Orleans County by the Sheriff's Office in Orleans County and turned over to Batavia PD on a warrant out of city court. The warrant stemmed from an alleged Oct. 3 incident in which Hubler reportedly made telephone contact with a person protected by a court order. The order of protection was issued by Batavia Family Court.

Andrew Ziemba Perdock, 24, of Holland Avenue, Batavia, is charged with petit larceny. Perdock is accused of shoplifting from Kmart.

Tim Horton's opens inside Batavia Downs

By Howard B. Owens

Press release:

Batavia Downs Casino is pleased to announce that following a recent approval, a new Tim Horton's will open inside Batavia Downs Casino on Wednesday, Dec. 21, sometime in the afternoon.

“Tim Horton's has proven itself to be an industry leader and partnering ourselves with that brand will strengthen our own,” said Mike Kane, CEO and president of Batavia Downs Casino.

The Tim Horton's will occupy the site formerly knows as “Crumbs” and will serve Tim Horton's brand drinks as well as doughnuts. Other lunch items that “Crumbs” served will also be available. Tim Horton's brand coffee will be served for free to persons playing on the gaming floor.

Batavia Downs in owned and operated by Western Regional Off-Track Betting, a public benefit corporation. The track is also home to Batavia Downs Casino, featuring more than 600 video slot machines. Batavia Downs Casino is located less than one mile from Thruway Exit 48 and is open daily from 9 a.m. to 4 a.m. Admission and parking are always free.

Holy Family School will be open for 2012-13 school year

By Howard B. Owens

Submitted by a reader:

In the basement of St. Joseph’s Oratory in Le Roy, parents and committee members heard the words everyone was praying for, “Holy Family will remain open for the 2012-2013 school year.” This announcement came  from the Diocese of Buffalo after word that the merger proposed with St. Joseph’s in Batavia had been rejected.

This good news comes with a catch though -- all benchmark goals previously set by the diocese still need to be reached.

“Every 10 students cost the school around $20,000,” Fr. Rock said, “every enrolled student lessens the financial burden of the school and, therefore, the parents.”

Benchmark goals include enrolling 120 students and raising $120,000 by June 2012. Enrollment goals include re-enrolling the 90 current K-7 students so parents are encouraged to make their commitment sooner than later.

An Enrollment and Marketing Committee has been established by a group of parents, professionals and supporters of HFS who plan to kick off the enrollment campaign this January.

A Finance Committee has also been created to manage donations and assist with tuition and financial aid.

“We need the donations and the tuition to run the school, but it is important for parents to know no student is turned away for the inability to pay,” said Dane Sprague, co-chair of the Finance Committee. "There is always a way and we will find it."

Sprague also reminded supporters to encourage donations of all sizes as no donation is too small. The school is launching a new website which will be live on the first day of Catholic Schools Week in January.

It is expected to have many more user-friendly features including the ability to make a quick and secure donation online. Until then, Holy Family School is asking those willing to donate to send gifts to HFS with attention to Denise Spadaccia, the school’s bookkeeper.

“Now is the time to donate and enroll, with confidence,” said Lindsay Warner, 1995 alumni and committee volunteer. "Holy Family School has been serving the Le Roy community and surrounding areas since 1889 and has proven tonight that she will continue to do so."

Shop Batavia: Just the place to shop locally for the last minute Christmas gift

By Howard B. Owens

If you still need to finish out that Christmas shopping list, there are plenty of local businesses with just the right items to make the special people in your life quite happy.

A few of them have items readily available on Shop Batavia, such as:

Most readers know that a big motivation behind what we do at The Batavian is promote our local community.  We believe that communities that are filled with volunteers, people who make a personal investment in their community and -- just as important -- shop locally, help improve their community and create a community that thrives.

That's always been a part of our goal at The Batavian, and Shop Batavia helps us focus that aim.

According to NPR, this breed of localism is a growing trend. Here's the article, which unfortunately promotes the very un-local Groupon and Living Social instead of mentioning the more than 100 local online news sites (similar to The Batavian), which truly are part of the localism trend.

Whether you use Shop Batavia or The Batavian to shop local, just remember, for the sake of the health of our community, shop local first.

Misleading story about 'Merry Christmas' in Batavia schools continues to spread

By Howard B. Owens

A Buffalo-based radio host decided to throw truth to the wind on Tuesday and hand out T-shirts at Batavia High School with a simple message, "Merry Christmas."

The act stemmed from an inaccurate news report by Rochester's News 8 that the school district recently banned "Merry Christmas" and other sectarian religious expressions from the school district.

As The Batavian posted the night News 8's report aired, the district has a decades-old policy about public religious expressions, but the policy also explicitly allows students and facility to engage in personal expressions of faith.

The Batavia Daily News story makes it sound like Batavia City Schools are intolerant of such expressions.

Kathy Weppner, whose program is broadcast at WBEN Radio, 930 AM, said she brought 300 shirts to the high school to support freedom of speech for students and faculty.

...

BHS junior Chelsea Dibble, 16, gave out shirts after she was asked to by Weppner and the four fans she brought with her.

“We think we should be able to wear what we want to wear,” Dibble said.

Dibble said the shirt has to say “Happy Holidays” and not “Merry Christmas” to be worn in  the school.

“I think it’s cruel,” she said.

Of course, according to school policy, Dibble can wear a shirt that says "Merry Christmas" on it.

The school district responded in comments:

1.There is no letter, nor was there ever a letter, sent home to parents that explains BHS policy on teaching about religion and culture.
2. No students were ever told by a teacher that they couldn't talk about Christmas inside the school.
3. It is not against any school rules in the district to wear clothing that has "Merry Christmas" written on it.
4. The policy on religious expression, posted on the website, is the district's policy and is based on state and federal laws, including the First Amendment. It makes no mention of the expression "Merry Christmas."

Entrepreneurs saw Batavia needed a grocery store downtown, so they opened one

By Howard B. Owens

In a way, you can thank Walmart for the new grocery store downtown, which held its ribbon cutting today and will officially open Wednesday.

Co-owner John Hedlund (top photo, right) once owned a grocery store in a small town in Pennsylvania, then Walmart came to town. The giant retailer leveled a hill across the street from his store and within six months had taken away half his business.

After closing the store, he started looking for other opportunities in the grocery business, and with his desire to remain entrepreneurial and independent, the Save-A-Lot model appealed to him.

Hedlund converted his Jubilee store in Salamanca to Save-A-Lot and along with business partner Bill Larson now owns and operates four Save-A-Lot locations in Pennsylvania and New York.

Larson was owner of the former IGA store in Corfu.

"Walmart devastated me, but they also put me on a different track," Hedlund said. "The Save-A-Lot program is a great business to bring to a community."

Save-A-Lot is a mixture of corporate-owned stores and licensed stores, such as the new one in Batavia. The company operates 1,200 stores nationwide.

The Save-A-Lot model is to maintain low prices with a comparatively limited inventory and smaller stores -- Batavia's store is 18,000 square feet, which is large for a Save-A-Lot. The store also sells its own brands, such as Bubba's sodas, Malone's canned meats and Manita's pasta (names taken from actual people who work at corporate headquarters in Earth City, Mo.

"The Save-A-Lot format is to provide quality products at lower prices," Hedlund said.

Larson (top photo, left) said the produce and meat offered at Save-A-Lot are always fresh and of the highest grade available.

Victor Gautieri's family company owns the former Jubilee/Latina's building -- between Jackson and Court streets on Ellicott Street -- where the new store is located. There are still 22,000 square feet available for lease. Gautieri said he hopes it becomes a retail hub for downtown anchored by Save-A-Lot.

"From the word on the street, we're hearing people say this is a godsend for Downtown Batavia, " Gautieri said. "And we're finally getting this white elephant off the shoulders of the city."

Outgoing City Council President Marianne Clattenburg said, "We're very happy in the City of Batavia to finally have another grocery store downtown."

More than a dozen customers were in the store after the ribbon cutting to check out what it has to offer and buy a few items.

"I like it because I used to drive to Save-A-Lot in Le Roy, but that's too far to drive," Carla Laird said. "And it's hard to get to Tops a lot of times."

Billie Jo Laird said, "It's great for people who don't have a car and can't drive."

Hedlund said it's the goal of his company to help the communities they serve to thrive.

"The downtown area was missing a grocery store and it needed a grocery store," Hedlund said. "This is a great opportunity for us."

In emotional sentencing, Le Roy arsonist given 10 years in prison

By Howard B. Owens

A 43-year-old man who apparently set himself on fire in a thwarted suicide attempt will serve 10 years in prison, Judge Robert C. Noonan ruled Tuesday afternoon.

Paul Atkinson admitted Oct. 26 to arson, 2nd, and Noonan was bound by law to impose a prison sentence, even though the defendant's sister and Atkinson himself both asked that he receive mental health treatment.

"I fully acknowledge the terrible losses you have had in your life," Noonan said. "The diseases that affilicted you, the personal pain that comes with divorce, the ping-pong life of children going back and forth, the loss of employment, financial hardships and the stress in your family. It's a soap opera. It's a very, very sad story.

"But," Noonan added, "you're very, very lucky you're not standing here before me accused of murdering several people."

Noonan said the record will reflect that Atkinson wants and need mental health treatment and that the state prison system does have programs in place.

"I hope you avail yourself of the help available, because you will be released from prison some day and when you're release you should get on with your life," Noonan said.

Atkinson started a fire July 14 in his father's home at 3 Orchard Drive, where he, his father and his sister and her husband were living at the time.

Atkinson's sister, Wendy Nelson, made a victim's statement and said that she suffered cracked ribs, a collapsed lung, smoke inhalation, anemia and post-traumatic stress syndrome as a result of the fire and hasn't been able to work since.

Yet, she said, she wants to see her brother get help.

"It's hard for him to ask for the help he needs," Nelson said. "I need to speak for somebody whom I feel cannot speak for himself and ask that he receives this help."

When Atkinson was given his turn to make a statement, he turned and thanked his sister and was barely able to be heard as he said, "I want help bad."

Noonan said he couldn't understand him, and Atkinson's next two attempts to speak were not understandable. Then he stood up a little straighter and said, "I know I need help now. I wish to receive help if it's offered to me. I'm very sorry for my crime."

Batavia High principal named district deputy superintendent

By Howard B. Owens

Press release:

The Batavia School District Board is pleased to announce the appointment of Christopher J. Dailey as the district’s new deputy superintendent, effective Jan. 1.

He will assume the role of superintendent of the district following the anticipated retirement of current Superintendent Margaret Puzio. Dailey has served as Batavia High School Principal since May 2008.

“At a time when there is a tremendous shortage of quality superintendents and increasing turnover rates, we are extremely fortunate to have an individual that offers us a proven track record, a smooth transition, and is someone with a strong commitment to our community," said Board President Gail Stevens. "Mr. Dailey, in his role as high school principal, has earned the respect of the teachers, students, administration and community."

In 2010, the board identified the need for a succession plan to be put in place for key personnel who were nearing retirement. As part of that plan, Dailey was identified as a strong candidate to succeed Puzio. A process for conducting a new superintendent search had been considered as well, but searches can be expensive in a time of limited resources and sometimes lead to disappointing results.

After conducting extensive interviews with Dailey, each member was confident that the district had the right person internally to continue the district’s success and ensure continuity in these uncertain financial times.

In August, Dailey completed the Transition to Superintendency program through the educational Leadership Institute at Oswego State College. The program orients experienced school administrators to the skills and attitudes needed to become superintendents, according to the program description.

Dailey’s strengths are considerable. He is an excellent communicator who listens well and respects the views of others. His leadership of the high school has fostered pride and inspired a drive for excellence from both staff and students.

Although he is recognized for his strong administrative skills, he has earned multiple awards for his teaching and coaching. His experiences as a social studies teacher and coach in the Rush, Henrietta, Le Roy, and Brighton school districts prepared him well for his role as instructional leader.

This is a great opportunity for the district to carry on many of the initiatives that are under way with continuity in leadership and knowledge. Some examples of initiatives in which he has been involved include: a focus on improvement in student achievement; data driven instructional planning, including assessment analysis and targeted academic interventions; credit recovery and increased graduation rates; establishment of enhanced teacher leadership; alignment of curricula to the new Common Core Standards; and the new teacher and principal APPRs.

“I believe the board made a terrific choice for the district and I look forward with working with Mr. Dailey,” Superintendent Puzio said.

Before joining the administrative team in the Batavia City School District, Dailey was assistant principal in the Churchville-Chili School District. His numerous leadership roles -- including department chair, high school principal, high school assistant principal, and varsity coach -- signal a record of previous school leadership success. This led to consensus among members of the Batavia City School District Board of Education that he will be an excellent district leader.

Dailey holds a B.A. from SUNY Geneseo, and a master's degree and Certificate of Advanced Studies from SUNY Brockport.

For a report on Monday's school board meeting, click here.

Man accused of being involved in stabbing takes plea deal

By Howard B. Owens

A man accused of taking part in a November stabbing in an apartment at Woodstock Gardens almost blew his plea deal in Genesee County Court on Monday.

Timothy Andrews, 22, became confused when Judge Robert C. Noonan asked him if he thought the evidence against him would likely lead to a conviction at trial.

"I don't know how to answer that ... um, no," Andrews said.

He needed to assure Noonan that he felt he would be convicted under terms of his plea, known as an "Alford" plea.

The legal term refers to a situation where a defendant doesn't admit actually committing the crime, but enters a guilty plea in order to receive a negotiated sentence, fearing if found guilty at trial, he would receive a longer sentence.

Andrews has maintained he is innocent throughout his legal proceedings.

Andrews corrected his answer in court and is now facing from two to seven years in prison. His sentencing is set for March 15.

(Via WBTA)

California woman admits to identity theft, here and in other states

By Howard B. Owens

A woman's nationwide effort to steal people's identities and then their money came to an end in Batavia after she was caught trying to withdraw $3,000 from the local Bank of America branch.

In Genesee County Court on Monday, Cassandra Montrevel, 25, of Sacramento, Calif., told Judge Robert C. Noonan that she entered the local branch March 18 and used another person's identity to withdraw funds from her account.

Montrevel was later caught and admitted to police that she had used the same scheme at Bank of America branches across the United States.

The California woman has already entered a guilty plea in federal court to the crime in other states. 

Montrevel faces a possible New York prison sentence of four years and another five years in federal custody.

(Via WBTA)

Person claims to have been stabbed while behind the ice arena

By Howard B. Owens

Batavia police are responding to Jackson Street where a person is waiting who claims to have been stabbed at about 9 a.m. at the skate park behind the Falleti Ice Arena on Evans Street.

Mercy EMS is responding, too.

UPDATE 10:45 a.m.: The alleged victim had only three small marks on his back and was not cut, according to police. "We don't know what it was, but it definately wasn't a knife," said Officer Eric Hill. The alleged victim reportedly told a friend of a friend that he was stabbed and that is the person who called emergency dispatch. Police searched the area behind the ice arena (that's Officer Dan Coffey in the picture above) but found no corroborating evidence.

Top Items on Batavia's List

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