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Legislators voice objection to mandated pay raise for DA, but pass resolution

By Howard B. Owens

For the first time Monday, District Attorney Lawrence Friedman spoke at length publicly about the Governor's Office mandated pay raise for county district attorneys and made his case that the County Legislature should pass the resolution boosting his pay.

"I would like to think that after myself, being a district attorney for 20 years and in the office for 35 years, that if it was not for the mandated salary, I would think that the district attorney salary would be at least as much as the salary being paid to the new county attorney," Friedman said. 

The statewide fight over DA salaries arose, Friedman said, because members of the legislature didn't want to give county judges raises without giving themselves raises, and if judges didn't get raises, then neither did DAs.

That went on for 13 years before Gov. Andrew Cuomo appointed a commission to recommend a new salary structure.

The county benefitted all those years that there were no mandated raises, Friedman said.

Furthermore, even with the raises, the county is paying less for the DA than the county attorney because the state picks up $72,000 of the DA's salary.

Under the mandate, Friedman's salary will go from $152,500 to $183,350 and then up another $10,000 in April 2018.

Legislators, such as Mike Davis, said they have no problem with the job Friedman is doing, but they object to the mandate and Davis expressed concern that the salary is out of line with rural expenses.

Friedman said that one reason the wage increase is being pursued at a state level is that it was getting harder to retain DAs in their jobs, with many opting for higher paying county court judge positions.

The committee voted to advance the pay raise resolution on a unanimous vote.

"The ramifications of not doing this, however, would impact our budget even worse because we would not have the benefit of the New York State supplement for the DA's salary that we're getting now, so we would end up paying even more," said Committee Chair Marianne Clattenburg. "We are supposed to be a country of laws and whether we like this or not, this is a law and this is the Public Service Committee, so I vote to follow the law."

County Legislature still grappling with county's possible solar future

By Howard B. Owens

Local legislators are still grappling with whether solar power should be part of county government's energy future.

The topic has come up before, first when Solar City offered a proposal that legislators decided too heavily favored Solar City's interests, and then when consultants from Wendel Energy were interviewed for a possible consulting contract.

Wendel isn't a solar contractor, and wouldn't build any solar installation, but it can do the initial study to help the county determine the best potential location, the cost benefits and potential expense pitfalls.

Representatives from Wendel -- Adam Tabelski, Sam Marotta and Keith Krug -- met again with the Public Service Committee on Monday to discuss a possible contract for a feasibility study.

County Highway Superintendent Tim Hens, himself an engineer, said he thought hiring a consultant like Wendel made a lot of sense.

"There are so many pieces," Hens said. "You have a lot of pieces that are really complex and outside of our staff's expertise."

Whether a solar installation could save the county money and help reduce energy costs is something Wendel would have to figure out, based on the size and location of the installation and the county's energy needs.

The committee concluded the discussion with, basically, "we'll think about it."

Areas of concern raised by members of the Legislature include the cost of interconnection with National Grid, whether technology installed now will be outdated in a few years, and whether a solar farm is the best option compared to rooftop installations.

Legislator Bob Bausch said he heard that Orleans County started down the path of a solar installation, but found National Grid's interconnection fees too expensive.

Krug said the interconnection fees weren't really the issue in Orleans County. The decision to drop the project had more to do with tight deadlines for grants to help fund the project.

Marotta said one issue they've seen come up in other jurisdictions is that contractors bid for a solar project, but to help keep the bid low, underestimate the interconnection fees, but then when National Grid comes back later with the actual cost of interconnection, the contractor informs the local government the cost of the installation has gone up.

This can turn some projects from profitable to unprofitable.

Wendel's practice is to try and accurately estimate National Grid's fees, and since Wendel isn't the contractor for the project, has nothing to gain by underestimating that cost.

A potential location for a county-owned solar farm is just north of the airport and Legislator Shelly Stein wondered whether that's really a better option than rooftop installation.

Marotta said he generally recommends a solar farm approach because it's cheaper to install and cheaper to maintain, especially when older roofs are involved.

"For simplicity sake, if you have the land available, we recommend land," Marotta said. "It's easier to maintain. It's a weed wacker instead of a roofer."

Stein also noted that Solar City's Elon Musk recently announced plans to develop roof tiles that double as solar panels and wondering if that would be an option.

That technology isn't yet in the market and Hens noted that, yes technology is going to change, but waiting to do someting would be akin to not buying office computers in the 1990s because technology was going to change.

Photos: Exterior refurbishing of Creekside Inn nears completion

By Howard B. Owens

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Exterior work on the refurbished Creekside Inn in Le Roy is very near completion.

The work has been extensive, including new decks on two levels, two new patios, a new bar on the first level, new drainage on Main Street and a restored entryway along with tiered landscaping at the back of the building.

Owner Bill Farmer said yesterday that work begins immediately on the interior remodeling, and that will take about three months.

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U.S. Supreme Court ruling plays key role in city's reworking of sign code

By Mike Pettinella

When it comes to rules and regulations pertaining to signs on businesses and other public buildings, there's much more than meets the eye, according to the director of the Genesee County Department of Planning.

Felipe Oltramari provided some insight and background on the City of Batavia Planning & Development Committee's effort to rewrite its sign code, a several month process that initially focused on how to address electronic message board signs.

Tonight (6 o'clock at City Centre Council Chambers) city planners are expected to forward the revamped document to City Council and schedule a public hearing on the matter. Last week, the Genesee County Planning Board gave its approval to the new version.

The new code is "modernized," Oltramari said, and is "more legible and easier to enforce with ample use of graphics and tables."

Just as importantly, the code now lines up with the latest U.S. Supreme Court decisiion that limits governments from regulating signs based on content, Oltramari said.

"The current code addresses temporary signs differently based on whether they were political, for sale signs, event signs, etc.," Oltramari said. "The court case Reed v. Town of Gilbert that was decided last year at the Supreme Court said that signs are a form of free speech protected by the First Amendment and any regulation of the sign’s content was subject to strict scrutiny and had to be narrowly tailored to further a compelling government interest.

"This usually means that the sign’s content can only be regulated if it furthers health and safety of the community. Governments can only then regulate signs based on the time, place and manner -- such as duration, location and type and /materials. The new code sticks to those types of regulations."

Oltramari said other changes deal with procedure.

"The code is being streamlined so that all signs that conform to the standards of the code can be handled administratively only requiring a building permit from the City’s Code Enforcement Officer," he explained.

"Right now, a business that opens downtown and is only changing the sign and is proposing a sign that meets all the requirements of the code still has to go to the City’s Planning and Development Committee and the County Planning Board to get approval to go forward. The new code incentivizes applicants to conform to the code by eliminating the review by these boards ... saving a month or more of time."

Once approved, the new procedure for variances for signs in the city that do not conform because of dimensional requirements will go directly before the City's Zoning Board of Appeals, eliminating review by (and subsequent permit from) the city planning board and review by the county planning board, Oltramari said. 

"Having the City’s ZBA handle these as variances is in harmony with State Law and will ensure more consistent interpretation of the code," he said.

He said that other changes include allowing exposed neon to be used in signage, and recognizing and allowing for backlit illuminated signs -- something that has increased in popularity due to the utilization of LED lighting.

Speaker Ryan names Collins liaison to Trump transition team

By Howard B. Owens

Press release:

Congressman Chris Collins (NY-27) today released the following statement after Speaker Paul Ryan announced Congressman Collins will serve as Congressional Liaison to the Trump Administration’s transition team.

“I am honored and humbled to serve President-elect Trump in this capacity,” Congressman Collins said. “Throughout the campaign I have worked very closely with President-elect Trump and Speaker Ryan, and I look forward to continuing that work as we look to put forth an agenda that will make America great again for all Americans.”

In his role as Congressional Liaison, Congressman Collins will work with the Republican Conference membership and relay their ideas on legislation, staffing and any additional concerns to the Trump transition team. Congressman Collins was the first member of Congress to endorse Donald Trump for President and was recently named as a member of the Presidential Transition Team Executive Committee. 

Le Roy HS's new maker space designed to spur creativity and STEM learning

By Howard B. Owens

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Le Roy High School opened its new maker space for students yesterday afternoon with some introductory information from Jennifer Bertrand, instructional technology coach, and some hands-on time with some of the materials already in the space, including Legos and Bloxel, a kit for making computer games.

Bertrand said she proposed the idea of maker spaces at the high school and elementary school in Le Roy because she saw other schools doing it and attended conferences where ideas for starting such spaces were presented.

"So I thought Le Roy really needs to get on board about having its own maker space," she said.

A committee was formed to help move the idea forward and the district received a $2,000 grant to help get the maker space up and running.

Students volunteer to participate in the extracurricular activity. They are given space, time, resources and instruction on creating a variety of projects that hit on science, technology, engineering, math (STEM), creativity, and problem-solving.

"If you have a student who is struggling academically or just doesn't like school, but, oh, man, they're so creative when it comes to engineering or when it comes to creating something, we want to tap into that and build on that because those skills are going to transfer everywhere in their life," Bertrand said.

The community can support the project through donations, especially of supplies, such as Legos and arts and crafts supplies, as well as expertise and tours. Bertrand said community members can contact the school if they're able to assist.

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Crash with injuries reported at Town Line and Macomber roads

By Billie Owens

A two-car accident with injuries is reported at Town Line Road and Macomber Road. East Pembroke Fire Department and Mercy medics are responding.

UPDATE 11:59 a.m.: The accident is blocking the intersection.

UPDATE 12:30 p.m.: The assignment is back in service.

City, county leaders pledge to work together toward new sales tax allocation agreement

By Mike Pettinella

The complexities involved in sales tax distribution, especially as it is related to water usage and water treatment facilities, have prompted City of Batavia and Genesee County leaders to re-evaluate their path to reaching a new allocation agreement.

City Manager Jason Molino, speaking at Monday night's City Council meeting, said that "a lot of different complex issues are on the table" than there were 17 years ago when the sales tax allocation pact between the county and city originated.

"We're looking at how to approach this collectively," he said, in reference to a committee of city and county personnel that has been put together to carve out a new plan to replace the current one that expires in February 2018. "There are hundreds of millions of dollars involved here."

City Council, understanding that negotiations are ongoing, passed a resolution last night stating its intent to extend the sales tax agreement -- without modification -- with the county. Previously, Genesee County legislators voted to terminate the agreement in the event that talks on a new contract stalled.

As it stands now, the terms of the sales tax agreement provide the city with 16 percent of the sales tax generated in Genesee County, with the towns and villages splitting 34 percent (based on assessed valuation) and the county receiving 50 percent.

Molino has stated that the city's 16-percent share is more than it would receive if the sales tax/water treatment contracts weren't in place, adding that the city pays the county a surcharge of 60 cents per 1,000 gallons of water used and in return the county leases the water treatment plant from the city and reimburses the city for operational costs.

Additionally, the city buys water from the county (at a discounted rate) and the county sells water outside of the city. The revenue from the sale of water goes to pay for the infrastructure needed to distribute water to the towns.

The "oversight committee" is comprised of Molino and Genesee County Manager Jay Gsell; City Council members Eugene Jankowski and Kathleen Briggs; Genesee County legislators Raymond Cianfrini, Marianne Clattenburg and Robert Bausch; Bergen Town Supervisor Donald Cunningham, and Darien Town Supervisor David Hagelberger.

Meetings are scheduled over the next few weeks and progress reports will be given to the committee, Molino said.

This is good news to Council President Jankowski, who said Council is invoking "short deadlines (because) we're not going to let this go."

He also said he believes the team approach is the best way to proceed.

"It's important that there are concessions both ways, and that there is an understanding of each other's situation," he said.

Byron-Bergen students learning about local industry

By Howard B. Owens

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Press release:

Students from the Byron-Bergen Jr./Sr. High School got a close look inside several of Genesee County’s leading advanced manufacturing facilities recently. Teacher Jay Wolcott’s Manufacturing Systems class visited four companies to assess the local job market, learn about pay and benefits, see potential job opportunities, and hear about the skills employers are looking for. Host companies included Bergen’s Liberty Pumps, along with Le Roy businesses Aluminum Injection Mold (AIM), PCORE Electric Company, and Orcon Industries.

Company representatives explained the varied career opportunities available at manufacturing companies like these, including jobs in assembly, engineering, sales, marketing, and management. Students came away with the understanding that successful job applicants must have strong skills in basic math, problem-solving, and communication, along with, at minimum, a high school diploma or GED. Each company visited stressed their support for job-specific training and college course work.

Students toured the Liberty Pumps facility, experiencing the machining of pump housings, powder coat finishing, assembly, inspection, packaging, and finally, the global shipping process. At AIM, they followed the prototype manufacturing process from the initial customer design requirements to machining of the aluminum injection mold and molding of plastic parts.

PCORE manufactures bushings for the high voltage electric transformer units used by power companies. Students observed a demonstration using electricity to check for defects that took place in a completely dark lab that concluded with electrical humming and flying sparks. At Orcon, a custom industrial packaging company, students observed firsthand the need for problem-solving skills in all areas of the operation.

Using their experiences with the participating companies, students completed a technical report assessing the job opportunities at each company, concluding with their opinion on the best job fit for them.

The career exploration trip was arranged with the help of the Genesee County Business Education Alliance (BEA).

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St. Joe's highlights STEM curriculum

By Howard B. Owens

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Press release:

Every Monday afternoon the students at St. Joseph Catholic School engage in different hands-on STREAM (Science, Technology, Religion, Engineering, Arts, Mathematics) activities that tie into their current studies.

Recently, Mrs. Case's kindergarten class took part in a fun science experiment. Each student chose an object from their classroom and placed it in a tub of water to see if their item would sink or if it would float. Mrs. Fischer's fourth-grade class has been learning the difference between vascular and non-vascular plants. Recently they did an experiment with celery that showed them how colored water can travel through the vascular tubes changing the color of the celery.

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Winners announced in Iroquois photo contest

By Howard B. Owens

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The Friends of Iroquois National Wildlife Refuge have announced the winners of their annual photo contest. First Place in the habitat category went to Dan Heale (top photo) and First Place in wildlife went to Kathy Owen (bottom photo). For more winning shots, click here.

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Developer: Production brewery, 32 apartments comprise Ellicott Station plan

By Mike Pettinella

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Speaking from decades of experience in property redevelopment, Samuel Savarino, chief executive officer of Savarino Cos. of Buffalo, acknowledged the challenges involved in converting the former Santy's Tire Sales and Soccio & Della Penna Construction sites on Ellicott Street in the city into a successful commercial venture.

But he also said he is encouraged by the "great public support" locally and is hopeful that New York State comes through with the necessary grant funding to make Ellicott Station a reality.

Savarino, whose company was selected by the Batavia Development Corp. in the spring to revitalize the rundown, three-acre parcel in the city's Brownfield Opportunity Area, joined Julie Pacatte, BDC coordinator, and BDC Board members Ray Chaya and Mary Valle at Monday night's City Council meeting to update the governing body on the project's progress.

"We've been refining our plan, and after finding that one of the buildings on the site is unsafe, it will be demolished and is no longer part of our plans," said Savarino, who has spearheaded award-winning projects along Buffalo's waterfront.

However, he said, the main building on the Della Penna lot (phase 1 of the project) features "some unusual characteristics that will work well ... and will become the signature part of the development. Driving down Ellicott Street, you can't help but notice it."

Specifically, he said the Della Penna building that once was a transformer repair facility has room upstairs for a party area that looks out over the production floor.  He said he is "pleasantly surprised" that the building's shape, along with concrete beams and columns, will lend itself to a unique look and feel when completed.

Savarino said his company has been working with engineers and consultants in preparation of possible construction next spring. Plans are contingent on the awarding of an Empire State Development grant -- what Savarino called a "substantial contribution to close the gap" -- for the project, which is expected to cost around $17 million. He and Pacatte said they hope to hear from the ESD in December.

The developer also said that he has applied for new market tax credits to lessen the state's commitment to the project, noting that the fact that the site is in a highly distressed census tract and that Batavia is a rural community work in the project's favor.

He said the project likely will proceed in two phases.

"Della Penna is the first phase; Santy's is the second site," he said, adding that the building there also will come down. "That's the site that the city acquired through foreclosure after we were selected in the RFP process."

Savarino said the plan hasn't changed much from his original vision.

"We're still roughly consistent of what we originally proposed. We're using the existing building as a production brewery and restaurant. We've had some in-depth conversations with two established brewers, both of whom have a strong interest in the site -- I don't think that's an issue.

"We've talked to several commercial tenants for the space -- the two floors of commercial space that we have in both of the buildings. But the first phase would have 16 apartments and the second phase would have 16 apartments, for a total of 32. Commercial space on the first floor could be retail or it could just be commercial office. We've had an awful lot of interest from commercial office users and one bank in particular."

Samuel Savarino talks about the Ellicott Station project at Monday night's City Council meeting. Photo by Mike Pettinella.

Alumni musicians present donation to St. Joe's

By Howard B. Owens

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Members of the anniversary alumni committee for the St. Joe's Drum and Bugle Corps presented a $1,000 check to St. Joe's today, proceeds from the group's fundraisers for the school.

The Drum and Bugle Corps was founded in 1932 by Father Kelly and today alumni are members of the Mighty St. Joe's Drum and Bugle Corps of Le Roy and the St. Joe's Brass Ensemble of Batavia.

"We wear the name with pride," said Bob Wielgosz, director of Mighty St. Joe's "St. Joe's means a lot to us."

Pictured are Wielgosz, Tom Cecere, Karen Green, principal of St. Joe's, Pat Bishop, and Frank Panepento.

Law and Order: Convicted felony accused of possessing two rifles

By Howard B. Owens

Daniel James Skivington, 39, of Reed Road, Bergen, is charged with two counts of criminal possession of a weapon, 4th. Skivington was contacted during an investigation into an alleged conservation violation. While at his residence, Skivington was found in possession of two rifles. Skivington has a prior criminal conviction. He was jailed on $1,000 bail. The Department of Environmental Conservation violation was investigated by DEC Officer Gary Wilson. Skivington was arrested by Deputy Ryan DeLong.

Edwin L. Stancliff, 37, of Indian Falls Road, Pembroke, is charged with criminal obstruction of breathing and harassment, 2nd. Stancliff was arrested following an investigation into an alleged domestic incident reported at 2:30 a.m., Sunday. He was jailed on $250 bail.

Andrew Enrique Montanez-Moran, 28, of High Street, Lockport, is charged with stalking, 4th. Montanez-Moran is accused of stalking a former girlfriend.

Devon Paul Leach, 22, of Main Street, Batavia, of unlawful possession of marijuana and passing a red light. Leach was stopped at 12:01 a.m. Sunday on South Lyon Street by Deputy Chris Parker. He was allegedly found in possession of a bag of marijuana in his pants' pocket.

David Allen Kemp, 38, of Creek Road, Batavia, is charged with DWI, driving with a BAC of .18 or greater, no stopping/standing on a highway. Kemp was arrested following an investigation into a menacing complaint in the Village of Oakfield at 7:49 p.m., Sept. 24, by Deputy Robert Henning.

Richard Dean McKague Jr., 28, of West Main Street, Batavia, is charged with harassment, 2nd. McKague allegedly threw a coffee cup at another person during an argument.

O-A cross-country team makes strong showing at state meet

By Howard B. Owens

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Fresh off a Section V title, the boys of Oakfield-Alabama's cross-country team competed this weekend for a state title. The team entered as the eighth seed but notched a sixth-place finish.

They competed at Chenango Valley State Park, outside of Binghamton, "against the very best Class D runners in all of New York State," said Paul Beuler, who provided the photos and information.

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Junior Cole O'Donnell from OA-E, finishing in fifth place in Class D at the Sectional Meet on Nov. 5th. 

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Senior Mike Bowen from OA-E finishing in 32nd place at the Sectional Meet on Nov. 5th at Wayne High School.

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Senior Josh Larmon from OA-E, on the right, finishing in ninth place at Sectionals. 

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Sophomore Mark Anauo from OA-E finishing in 15th place.

Car and deer accident reported on Kelsey Road, Batavia

By Howard B. Owens

A car has struck a deer on Kelsey Road near Harloff in Batavia.

There was airbag deployment and the woman passenger is pregnant.

A Mercy EMS ambulance is requested to the scene for evaluation.

A minor injury is reported.

Batavia fire responding.

Photos: Notre Dame's 1969 champion basketball team reunited

By Howard B. Owens

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Members of Notre Dame's basketball team from 1969, which won a state title known as the Manhatten Cup, were together once again last night for the school's Hall of Fame dinner. In the picture above, they pose in front of a case which holds a replica of the 1969 trophy.

For more on the inductees, click here.

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Accident with possible injuries on Route 33, Stafford

By Howard B. Owens

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A car has reportedly hit a tree or a pole in the area of Caswell Road and Clinton Street Road, Stafford.

There may be injuries. 

Stafford fire and Mercy EMS dispatched.

Responders advised to use caution, the pole is about to come down.

UPDATE: Reader submitted photo. We didn't hear any more on this call.

City fire hosts winners of annual poster contest

By Howard B. Owens

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Winners of City fire's annual fire safety poster contest were at the Fire Hall yesterday for their pizza party and tour and demonstrations of firefighting equipment.

The winners:

  • Grade K-1: First Place, Lillian Clarke, Jackson Primary School, Mrs. Torrey/Mrs. Aquilio, 1st Grade; Second Place, Addison Horton, Jackson Primary School, Mrs. Nelson/Mrs. Aquilio, 1st Grade; Third Place, Natalie Battaglia, Jackson Primary School, Mrs. Amerine, Kindergarten;
  • Grade 2-3: First Place, Xavian Cramer, John Kennedy, Mrs. Searls, 3rd Grade; Second Place, Gretchen Redder, John Kennedy, Mrs. Dobbertin, 3rd Grade; Third Place, Caitlyn Brinkman, John Kennedy, Ms. Gonyeau, 2nd Grade;
  • Grade 4-5: First Place, Hailey Kirkpatrick, Batavia Middle School, Mrs. Schwenk, 5th Grade; Second Place, Hannah Fry, Batavia Middle School, Mrs. Schwenk, 5th Grade, Third Place, Ava Anderson, John Kennedy, Mrs. Restiva, 4th Grade.

Photo and info submitted by Batavia Fire Department.

Top Items on Batavia's List

Tourism Marketing Assistant Position The Genesee County Chamber of Commerce, serving as the official tourism promotion agency for Genesee County, NY is seeking an experienced marketing professional to assist in the overall Chamber tourism and marketing initiatives for Genesee County. https://visitgeneseeny.com/about/join-our-team
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Town of Batavia Court Department is seeking a part time as needed Court Officer. Court Officers are responsible for maintaining order in the court room and court facility during proceedings. Please send resume to Town of Batavia, Attention Hiedi Librock, 3833 West Main Street Road, Batavia, NY 14020. Complete job description is available on the Town web site or at the Town Hall Application deadline is April 15, 2024.
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