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Freezing rain advisory issued

By Howard B. Owens

The National Weather Service is expecting freezing rain to hit the area tomorrow morning.

An advisory has been issued for 7 a.m. through 1 p.m., Friday.

Untreated roadways are expected to be slick, especially on elevated surfaces such as bridges and overpasses. Travel conditions could be hazardous.

Both drivers and pedestrians should be on the lookout for slick spots on roads and sidewalks. Walking and driving could be difficult.

An experiment in local news publishing

By Howard B. Owens

You know us over here at The Batavian, we're always willing to experiment.

There's been a few publications recently, such as Wired Magazine, that are offering versions of their online editions without ads, or with fewer ads, to paid subscribers.

We thought we would give that idea a try.  

Here is a version of The Batavian without ads for you to try.

You can take this survey and let us know what you think.

If you have any questions, you can e-mail me at howard@thebatavian.com. Also, let me know if you run into any technical glitches.

Anticipating one question I know the will come up: The main site, The Batavian, will remain sponsor supported and free.  

Notre Dame notches first round win in boys basketball playoff

By Howard B. Owens

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Sparked by a string of three-point buckets in the 2nd quarter, Notre Dame built an insurmountable lead over Fillmore in a first-round Class D Section V playoff game and ran away with the victory, 58-42.

Half of Fillmore's points came in the final quarter while Notre Dame rested some starters. Fillmore scored only eight, six and seven points in each of the respective first three quarters.

Tyler Prospero led the Irish with 19 points and Casey Midwick added 13.

In other local boys basketball playoff games Wednesday night:

  • Oakfield-Alabama beat Keshequa 65-51 to advance in Class C2. Ryan Douglas scored 18 points;
  • Pembroke, seeded #5, was upset by #12 seed Gananda, 38-37 in Class C.  Zach Von Kramer scored 11 and Reid Miano, 10.

In the girls games:

  • Alexander beat Red Creek 54-42. Stephany McBride scored 10 points;
  • Pembroke fell to Avon 17-26. Olivia Kohorst scored eight for Pembroke;
  • Notre Dame beat Addison 39-30. Rebecca Krenzer scored 12;
  • Cal-Mum beat Byron-Bergen 46-34. Dana Van Valkenberg scored eight points;
  • Oakfield-Alabama beat Cuba-Rushford 60-17. Brianna Smith scored 13.

Schedule:

  • Le Roy boys (12-8) vs. Wellsville (16-4), 7 p.m., Friday, at Wellsville;
  • Batavia boys (13-7) vs. Monroe (8-13), 4 p.m., Saturday, at Batavia;
  • Oakfield-Alabama boys (12-9) vs. Geneseo (16-5), Friday, time and place TBA;
  • Notre Dame boys (11-10) vs. York, Friday, time and place TBA;
  • Elba boys (18-2) vs. Webster-Christian (7-13), 7 p.m., Saturday, at Elba;
  • Batavia girls (17-2) vs. Eastridge (6-15), 7 p.m., Friday, at Batavia;
  • Elba girls vs. Belfast, 7 p.m., Friday, at Elba
  • Le Roy girls (8-12) vs. Attica (9-11), 2 p.m., Saturday, at Attica;
  • Notre Dame girls (14-7) vs. Cal-Mum (18-3), 2 p.m., Saturday, at Cal-Mum;
  • Alexander girls (15-6) vs. Letchworth (17-4), 5 p.m., Saturday, at Letchworth;
  • Oakfield-Alabama girls (15-6) vs. Lyons (12-8), 2 p.m., Saturday, at O-A;
  • Elba girls (12-8) vs. Belfast (13-7), 7 p.m., Friday, at Elba.

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Le Roy ZBA rules in favor of Frost Ridge

By Raymond Coniglio

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Frost Ridge Campground owner David Luetticke-Archbell embraces campground manager Janet Whitney — popularly known as “Miss Gabby” — after the joint Le Roy Zoning Board of Appeals issued a decision in favor of the campground Wednesday night.

The long battle is over, and won, for Frost Ridge Campground.

The Le Roy Zoning Board of Appeals on Wednesday ruled in favor of Frost Ridge, finding it a prior nonconforming use. The ZBA determined that “ambiguity” in the town zoning law, leaves room for camping and “attendant recreational activities” including live concerts.

That brings to an apparent close, a three-year legal battle over the Conlon Road facility.

Frost Ridge owner David Lueticke-Archbell was visibly relieved after ZBA Chairperson Debbi Jackett read the decision during a brief meeting in Town Court.

“Wow,” Lueticke-Archbell said. “Wow.”

“I’m so thankful that (the ZBA) took the proper time to really research it and come up with a decision that fit with what was legally right,” he said.

The Frost Ridge site has been used as a campground for decades. David and Greg Luetticke-Archbell have owned the the property since 2008, and have been hosting outdoor concerts there since 2012.

In 2013, the ZBA determined that the concerts are allowable under town zoning law. That decision prompted court challenges by neighbors and the Town of Le Roy. Last April, Supreme Court Judge Robert Noonan invalidated the ZBA’s ruling on technical grounds, and ordered a new public hearing.

That hearing was finally held on Dec. 17, 2015. After 90 minutes of testimony, Jackett said the ZBA would issue its ruling within the legally allowable 62 days — a deadline met on Wednesday.

David Luetticke-Archbell described the experience as a “roller coaster.”

“It’s been difficult,” he said. “The main thing, for me, is I felt like we haven’t been able to service our guests well during this time — not as well as we normally would.”

For Luetticke-Archbell, Wednesday marked the end of one chapter, and the start of another.

“For the legal stuff, this should be the end of the road,” he said. “And, God willing, that will offer some opportunities that we can do this in a way everybody can be happy with.”

Luetticke-Archbell said he would work with his attorney, to make sure the campground runs “by the book.”

“This is about people going on vacation and enjoying themselves,” he said. “We want to make sure everything we do is within the confines of what is allowable.”

Town Supervisor Stephen Barbeau has said the Town Board would abide by a ZBA determination that follows a formal application and public hearing. Wednesday night, he said the Town Board will not be discussing the ZBA ruling.

Neighbors who might disagree with Wednesday’s ruling, are however free to challenge it in court, he said.

About 20 people attended Wednesday’s meeting, many of them Frost Ridge supporters who applauded after Jackett spoke.

The meeting was scheduled for 7:30 p.m., and was officially adjourned at 7:38 p.m. Board members did not accept questions.

———

The ZBA ruling is an interpretation of two sections of town zoning law: Section 165-13, “Nonconforming uses, lots and structures”; and Section 165-39(B), which regards campsites. The following, is a partial transcript of the ruling as read by Chairperson Debbi Jackett:

We, the Le Roy joint Zoning Board of Appeals, conducted a hearing on Dec. 17, 2015, at 7:30 p.m. at the Le Roy Town Hall … The purpose of the hearing was in response to the application for interpretation filed by David Luetticke-Archbell as agent of applicant Frost Ridge Campground LLC, located at 8101 Conlon Rd. in the Town of Le Roy, N.Y. …

The application particularly requested an interpretation of whether zoning code of the Town of Le Roy allows for camping and attendant recreational activities including live and recorded amplified music, concerts and limited food service at the property as a prior, nonconforming use under Section 165-13 and, or likewise, as an exempt campground under Section 165-39(B)

The board notes this application is the first written request furnished by the applicant to this board.

We find that sections 165-13 and 165-39(B) of the zoning code of the Town of Le Roy, have ambiguity regarding the activities of the applicant on the property. We therefore interpret the zoning code of the Town of Le Roy does allow for camping and attendant recreational activities including live and recorded amplified music, concerts and limited food service at the property and is a prior nonconforming use under the aforementioned sections. We further direct that the complete written decision be field in the office of the the Town Clerk within five business days.

Law and Order: Basom man allegedly stole a woman's wallet at Walmart

By Billie Owens

Dannie Sims, 60, of Church Street, Basom, is charged with fourth-degree grand larceny. He was arrested at 1:56 p.m. on Feb. 10 after it was alleged that he stole a wallet from a female at Walmart. It contained cash and credit cards. He was arraigned in Town of Batavia Court and jailed without bail. The case was investigated by Deputy Chad Minuto, assisted by Deputy Joseph Corona.

Nathan A. Buchholz, 37, of Albion, was arrested by Troopers for fourth-degree criminal mischief after he allegedly struck and broke the glass mirror off a Dodge Ram truck during a custody exchange Feb. 15 in the Town of Batavia. Buchholz was issued an appearance ticket returnable to the Town of Batavia Court on March 3.

Stephen M. Smith, 26, of Mill Street, Batavia, is a registered NYS Level 2 sex offender who was charged with failure to report a change in 10 days, first offense, on Jan. 11. Following a joint investigation between the Batavia PD and NYS Parole, it is alleged that Smith had an active Facebook account that he had not registered with the Sex Offender Registry within the required 10-day reporting period. He was already in jail on a parole violation. He was being held on $50,000 and was due to appear in court this afternoon. The case was investigated by Batavia Police Officer Eric Hill.

A 16-year-old resident of Boyd Road, Pavilion, was arrested Feb. 15 at 2:53 p.m. and charged with petit larceny. This followed the investigation of a shoplifting complaint on Veterans Memorial Drive, Batavia. The teen allegedly stole merchandise from a department store by passing all points of purchase without rendering payment. The defendant was issued an appearance ticket for Town of Batavia Court. The case was investigated by Deputy Rachel Diehl, assisted by Deputy Jason Saile.

A 17-year-old resident of Boyd Road, Pavilion, was arrested Feb. 15 at 2:53 p.m. and charged with petit larceny. This followed the investigation of a shoplifting complaint on Veterans Memorial Drive, Batavia. The teen allegedly stole merchandise from a department store by passing all points of purchase without rendering payment. The defendant was issued an appearance ticket for Town of Batavia Court. The case was investigated by Deputy Rachel Diehl, assisted by Deputy Jason Saile.

A 17-year-old resident of Tower Road, Wyoming, was arrested Feb. 15 at 2:54 p.m. and charged with petit larceny. This followed the investigation of a shoplifting complaint on Veterans Memorial Drive, Batavia. The teen allegedly stole merchandise from a department store by passing all points of purchase without rendering payment. The defendant was issued an appearance ticket for Town of Batavia Court. The case was investigated by Deputy Rachel Diehl, assisted by Deputy Jason Saile.

Elba drama club presents 'The Sound of Music' this weekend

By Howard B. Owens

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The Elba Central School Drama Club is presenting performances of "The Sound of Music" this weekend. These photos are from yesterday's rehearsal.

Performances are at 7 p.m., Friday, and 2 & 7 p.m., Saturday in the ECS Auditorium. Tickets are $8 for adults and $6 for students and seniors. Tickets are available at the district office and at Roxy's Music Store.

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Photo: Old WBTA building

By Howard B. Owens

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Appropriate to the recent celebration of WBTA's 75th Anniversary, C.M. Barons sends us this photo of the old WBTA building off of Alva Place, Batavia.

County set to accept donation of ice skating rink for Dewitt

By Howard B. Owens

Next winter, you might be able to play outdoor hockey, or just ice skate, at the Dewitt Recreation Area on Cedar Street in Batavia.

The plan for the county park has always included the idea of installing an outdoor ice rink at the park, but the construction has never been funded.

At yesterday's Public Service Committee meeting of the County Legislature, Highway Superintended Tim Hens said the Oakfield-Alabama Central School District is ready to donate an outdoor ice rink to the county.

The district purchased the rink some years ago with grant money, and though it proved popular when put into use, hasn't been used in recent years and the district doesn't plan to put it to use in the future.

The rink comes with 50 pairs of ice skates.

The committee agreed by consensus to allow Hens to accept the donation on behalf of the county.

The rink will likely be installed in the depression area in the middle of the walking path at the front of the park, which is the area originally designed to eventually contain a rink.

Pipe bursts in County Building #2 during off hours, but damage reduced by timely discovery

By Howard B. Owens

County Building #2 got some water damage Monday, but the situation could have been worse if a member of the county's IT staff hadn't showed up for work that day -- President's Day -- to put in some overtime on a work project.

On a day of single-digit temperatures, a pipe froze and then burst, causing flooding throughout about 50 percent of the building.

If not for that employee, County Manager Jay Gsell said, the flooding wouldn't have been discovered until staff showed up for regular work hours on Tuesday morning.

The water spread through the building as just a thin layer, pooling in areas of floor depressions, and had to be squeegeed out. About 18 members of the Town of Batavia Fire Department turned out for the job.

Gsell said that volunteer effort was a big help in building cleanup.

However, there are storage shelves -- mostly belonging to history department -- with water still standing under them.

Highway Superintendent Tim Hens said contractors from ServePro will provide an estimate to finish the drying out process. He estimated the bid will be from $20,000 to $40,000 and he asked the Public Service Committee yesterday to authorize the contract on an emergency basis.

He expected the building's heaters to be running full force overnight to help dry out the building.

While no historical records or artifacts were damaged in the flooding, continued moisture is a threat to records and if it gets into the walls it could lead to mold and mildew problems.

There was flooding under the false floor in the county's server room, but all of the cables and connectors are encased in waterproof coverings so no equipment was damaged.

County will make vehicle purchases for highway and sheriff's departments

By Howard B. Owens

Genesee County is set to make new vehicle purchases for the Highway Department and Sheriff's Office after the Public Service Committee recommended approval Tuesday of the proposals.

At its next full meeting, the County Legislature is expected to approve purchase of:

  • An asphalt paver from Ilton CAT, 4610 E. Saile Drive, Batavia, for a total amount not to exceed $169,900;
  • A 2017 Model GU713 Mack cab and chassis, in conformance to Onondaga County bid specifications, from Beam Mack Sales, Rochester, in a amount not to exceed $156,743.37;
  • Five 2016 SUV law enforcement vehicles from Van Bortel Ford, for a total purchase price of $113,955, including trade-in on four 2013 Ford sedan interceptors and a 2009 Chevy Impala.

The committee also recommend approval of five vehicles being declared surplus and sold at auction. The vehicles are a 2009 Ford Focus, a 2008 Jeep and three 2009 Chevy Impalas.

Lauded as a 'Sheriff's Sheriff': Maha gets most prestigious award given by NY Sheriffs' Institute

By Billie Owens

Submitted photo: Sheriff Gary Maha of Genesee County, center, proudly displays the Sheriff Grover Cleveland Award. He is only the fifth Sheriff to receive this prestigious statewide award. Sheriff James Voutour of Niagara County, left, and Sheriff Ron Spike of Yates County made the presentation on behalf of the Sheriffs’ Institute.

Press release:

Sheriff Gary Maha of Genesee County has received the New York State Sheriffs’ Association Institute's most prestigious award, the Sheriff Grover Cleveland Award.

On only five occasions has the Sheriffs’ Institute leadership presented the highest honor that can be given a sitting New York State Sheriff -- the Sheriff Grover Cleveland Award.

The previous winners – in order – are Sheriff James Bowen, Saratoga County, Sheriff John York, Livingston County, Sheriff Kevin Walsh, Onondaga County and Yates County Sheriff Ron Spike. (All but Sheriff Spike are retired.) Between those four men, they have served almost 125 years in the Office of Sheriff. When you add Sheriff Maha’s tenure as Sheriff the total jumps to over 150 years in the Office of Sheriff.

Maha became a Genesee County Deputy Sheriff in 1967. Two years later he was promoted to Senior Investigator. In 1977, he was promoted to Chief Deputy in charge of criminal investigations. In January of 1988, he was appointed interim Sheriff. He has since been elected to seven terms as Sheriff.

His accomplishments and contributions to public safety are not limited to Genesee County. Sheriff Maha has been very active in both state and national issues dealing with public safety.

On the local level particularly noticeable contributions under Sheriff Maha’s tenure has been the implementation of the state-of-the-art Enhanced 9-1-1 Emergency Communications Center, the very effective joint drug task force with the City of Batavia and Village of Le Roy police departments and the positive culture of cooperation that has been built amongst all the county law enforcement agencies and law enforcement officers working in Genesee County.

Sheriff Maha is a past president of the New York State Sheriffs’ Association and currently serves as chairman of that organization’s Executive Committee. Governors from both parties have appointed him to criminal justice committee’s and councils including the Law Enforcement Accreditation Council, New York State Interoperable & Emergency Communications Board and the New York State Committee on Counter Terrorism.

On the national level Sheriff Maha is very active with the National Sheriffs’ Association. He serves as vice-chair of the National Sheriffs’ Criminal Justice Information/Technology Committee and is a member of the organization’s Homeland Security Committee.

Sheriff Maha is a graduate of the FBI National Academy in Quantico, Va. He holds an associates degree in Political Science and bachelor’s degree in Criminal Justice.

“Sheriff Gary Maha, who is the state’s longest-tenured Sheriff, is known not only in New York State, but at the national level as a 'Sheriff's Sheriff', said Sheriff Ron Spike, Yates County, upon presenting the Sheriff Grover Cleveland Award to Sheriff Maha.

(Maha announced last month that he will not seek reelection when his term expires Dec. 31, ending his 27-year run as Genesee County's top cop.)

Photos: And the snow has continued to fall

By Howard B. Owens

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At least a foot of snow has fallen in parts of Genesee County, and in some places more, according to various weather reports. And it's still coming down. Slow and persistant.

Above, Steve Ognibene clears his driveway.

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Kibbe Park.

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The tracks along the side of the Harvester Center.

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William Morgan, Batavia Cemetery.

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Harvester Avenue.

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Landon Coles and Rebecca Salvaterra clearing snow on East Avenue.

Photos: Heavy morning snow

By Howard B. Owens

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As predicted, heavy wet snow hit Genesee County this morning, making for a tricky commute.

We've received notification of closings for GCASA and BOCES.

Above, the westbound Thruway from State Street Road.

UPDATE:

  • Grace's Kitchen in Le Roy tonight is cancelled.
  • The UMMC Urgent Care in Le Roy is closed.
  • Bergen Town Hall is closing at noon.
  • The Section V boys basketball playoff game in Pembroke tonight has been rescheduled. Pembroke will play Gananda tomorrow at 5 p.m. The Lady Dragons will play Avon tomorrow at  7 p.m., as originally scheduled. The cost is $4 per person per game.

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Main and Oak.

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Main and Court.

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Looking east down Main Street, Downtown.

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City Firefighter Christine Marinaccio shoveling in front of the Fire Station.

Community Action receives grant from Kelly for Kids

By Howard B. Owens

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Press release:

Pro Football Hall of Fame quarterback and Buffalo Bills legend Jim Kelly awarded more than $190,000 in grants to area charities at his foundation’s annual grant luncheon two weeks ago. Among the 34 organizations to receive funding from the Kelly for Kids Foundation were two Batavia-area charities: Genesee ARC and Community Action of Orleans/Genesee.

The Kelly for Kids Foundation is a not-for-profit organization which aims to distribute grant money to WNY charities to assist children in need. More than $5 million has been distributed to disadvantaged and disabled youth since the foundation began in 1987. Their largest fundraiser throughout the years has been the Jim Kelly Celebrity Golf Classic, held at Terry Hills Golf Course and Banquet Facility in Batavia. This celebrity tournament brings in thousands of charity dollars which are later distributed to deserving organizations.

Both Genesee ARC and Community Action of Orleans/Genesee were nominated by Terry Hills to receive grants at the Jan. 19th luncheon due to their important work with Genesee County youth. Genesee ARC assists children with special needs through various programs, including a therapeutic horseback riding service. Community Action provides educational, emotional and financial support to disadvantaged families.

The Jim Kelly Celebrity Golf Classic is scheduled to celebrate its 30th anniversary on Monday June 6th at Terry Hills Golf Course.

Crossroads House annual bowling tournament fundraiser continues this weekend

By Billie Owens

The 20th Annual Betty Ellison Memorial "Strike Out for Crossroads" bowling tournament that began last Friday and ran over the weekend will continue this week.

Starting Friday night at 6 o'clock at the Mancuso Bowling Center, 214 E. Main St., Batavia, the fundraising fun continues.

Saturday start times are 3 and 6 p.m.; Sunday 1 p.m.

The team fee is $100.

For additional information call: Cindy (585) 993-0584 or Tara (585) 409-0136.

Law and Order: Driver accused of being on drugs

By Howard B. Owens

Megan C. Westbrook, 35, of Elmview Avenue, Lackawanna, is charged with driving while impaired by drugs, passing a red light and moving from lane unsafely. Westbrook was stopped at 12:13 a.m. Feb. 4 on Main Street, Batavia, by Officer Eric Foels.

Bradley W. Howard, 25, of Academy Street, Mayville, is charged with violation of probation. Howard was placed on probation for a DWI conviction. He allegedly absconded from probation immediately and failed to notify probation of a change of address. He was jailed on $5,000 bail.

Joseph William Freeman, 31, of Platten Road, Lyndonville, is charged with petit larceny. Freeman allegedly stole two cases of beer from Tops.

Jason C. Lusk, 35, of Collegeview Drive, Batavia, was arrested on a warrant. Lusk turned himself in to Batavia PD.

Beaky S. Kamagy, 29, of Fowlerville Road, Piffard, is charged with DWI, driving with a BAC of .18 or greater and moving from lane unsafely. Kamagy was stopped at 1:23 a.m. Feb. 6 on Ellicott Street Road, Batavia, by Officer Matthew Wojtaszczyk.

Davis Alexandre Prince, 20, of Ullswater Cresent, London, Ontario, Canada, is charged with trespass. Prince was allegedly trespassing on College Village property at 8:52 p.m. on Friday.

Jennifer Margaret Shaffer, 33, of Exchange Street, Attica, is charged with petit larceny. Shaffer was allegedly caught shoplifting from Walmart.

Sharon Denise Rawleigh, 45, of Benedict Street, Perry, is charged with petit larceny. Rawleigh was allegedly caught shoplifting from Walmart.

Caroline Marie Burgess, 47, of Benedict Street, Perry, is charged with petit larceny. Burgess was allegedly caught shoplifting from Walmart.

Heavy, wet snow expected tonight and tomorrow

By Howard B. Owens

The National Weather Service is predicting from 4 to 8 inches of snow tonight and has issued a winter storm warning for a 24-hour period starting at 7 p.m.

The storm total could hit 15 inches.

Heavy, wet snow is expected from this storm, which could make travel hazardous and lead to power outages.

The most difficult travel conditions could hit during Tuesday morning's commute hours.

Local baseball fans gearing up for annual Hot Stove Dinner

By Howard B. Owens

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We're less than a week away from the annual Batavia Muckdogs Hot Stove Dinner hosted by the  Genesee County Baseball Club.

Above, Travis Sick, general manager, with Diane Hawn and Russ Salway, hold a few of the items that will be up for auction at the dinner.

The dinner is from 4:30 to 8 p.m., Saturday, at the Sacred Heart Church Hall, 17 Sumner St., Batavia.

Tickets are $25 for adults and $15 for children 12 and under.

The evening will begin with a cocktail hour followed by a buffet dinner at 5:30. 

The night also features live and chance auctions of baseball-related memorabilia (including signed bats and balls), work by local artists, and gift certificates from a variety of local businesses.

Tickets may be purchased in Batavia at Dwyer Stadium, Gerace’s Hair Care, the Williams Law Firm and the office of Dr. Alan Barcomb.

Top Items on Batavia's List

The Batavia Housing Authority is seeking a positive, hardworking teammate to perform a variety of outdoor landscaping tasks, primarily mowing, with some trimming and cleanup work. The Groundskeeper is independently responsible for outdoor landscaping tasks on a weekly basis with some flexibility. This job may require some weekend hours when necessary. Part-time position Pay Range: $19.00/hr - $22.00/hr Anticipated start date: May 2024 Application deadline: April 29, 2024 See full job description at: https://www.co.genesee.ny.us/Groundskeeper.pdf Complete Civil Service Application at: https://cms1files.revize.com/geneseecountynew/CivilServiceApplication2022Revision-09.22.22.pdf Contact Information Nathan Varland Executive Director Batavia Housing Authority 400 East Main Street, Batavia, NY 14020 (585) 344-1888 nvarland@bataviahousing.org Location: Batavia
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