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Duck owner's case continued so he can hire an attorney

By Howard B. Owens

In the other bird matter on the Batavia City Court docket this morning, Oak Street resident Ron Graziaplena appeared before Judge Robert Balbick to answer to charges that his duck pond is in violation of a variance permit.

Graziaplena is also accused of various other code violations.

After entering a not guilty plea, Graziaplena was informed that he was entitled to an attorney to represent him in the matter.

Graziaplena asked for a continuance of his case to Aug. 20 so that he get an attorney.

"I don't know who I'm going to get," Graziaplena.

He said he couldn't afford an attorney, but Balbick said that because these alleged violations are not under penal law, Balbick couldn't offer a court-appointed attorney.

Previously: Dispute over ducks, other complaints, has Oak Street man headed to court.

Farm tractor ablaze in field in Byron

By Billie Owens

A fully involved farm tractor fire is reported at 5552 Cochran Cockram Road in Byron. It is in the middle of a field with no structures surrounding it.

Byron and South Byron fire departments are called to respond.

UPDATE (1:28 p.m.): The tractor fire is about a hundred yards from a house. The address is between Transit and Bank Street roads.

UPDATE (1:30 p.m.): The fire is knocked out but the fire units are requested to continue.

UPDATE (1:35 p.m.): A fireman reports that the fire has rekindled itself.

UPDATE (1:51 p.m.): The fire is reported to be completely out and the firefighters are leaving the scene.

Area Boy Scouts head to Virginia for well-earned fun at 'Jamboree'

By Daniel Crofts

Pictured: two Boy Scout troupes from the Iroquois Trail Council (ITS), which covers Genesee, Wyoming, Livingston, Orleans and Niagara counties.

This band of 36 youths -- ages 13 to 17 -- are going to Fort A.P. Hill, Va., for the Boy Scouts of America Jamboree, which takes place from July 26 until Aug. 4. Fort (Ambrose Powell) Hill, named after a Confederate general, is an active-duty Army installation near the town of Bowling Green.

The Jamboree normally takes place every four years; this time, however, there was a five-year interim so it would coincide with the 100th anniversary celebration of Boy Scouts of America.

The boys will be accompanied by two adult Scoutmasters -- Guye Smith, of Lima, and Jim Yencer, of Avon, and two youth assistant Scoutmasters (one of whom is from Alexander), making a total of 40 area scouts attending this national event.

Planning for this trip started about two years ago, according to Smith. Since then, the boys have worked very hard to raise money in order to cover the cost.

"Some of them raised every penny (that they needed to pay their individual fares)," Smith said. "That's part of the scout way -- to pay your own way."

The ITS scouts raised money by doing two bike-a-thons, one in July 2009 and the other in October 2009.

The boys biked all the way from Lockport to Brockport -- with an overnight stay in Albion for the first one -- and then from Holley to Macedon all in one day for the second.

The troupes are leaving by bus today. Yencer said they will spend Saturday in Philadelphia, then take the U.S.S. New Jersey (a retired navy vessel) to Aberdeen, Md., to visit the U.S. Army Ordnance Museum on Sunday morning. From there, they proceed to Fort A.P. Hill.

While attending the Jamboree, the boys will be treated to a wide variety of activities such as air-rifle shooting, scuba diving, canoeing, archery and a 5K run; there will also be a musical group performing at the "arena show" (which will be broadcast online) on Saturday, July 31, and if tradition is kept, they may also get a visit from President Barack Obama.

Not only is this Jamboree historic because it is being held during the scouts' centennial, it is also the last one to be held in Fort A.P. Hill (where it has taken place since 1981).

For more information on the Jamboree, please visit www.bsajamboree.org.

For more information on the ITC, visit www.itcbsa.org/Joomla/index.php.

Photo courtesy of Jim Yencer

Latina's property manager not in court, arrest warrant issued

By Howard B. Owens

Tom Lewin is a wanted man.

Lewin, representative of LKLWL Properties, did not appear in Batavia City Court this morning on the matter of alleged code violations at the former Latina's Market property and Judge Robert Balbick issued a warrant for his arrest.

Meanwhile, attorneys for IPTV-B-C-45, LLC, the current mortgage holder on the property at 45 Ellicott St., did appear in court.

Franklin Hiller, attorney for the mortgage company, said that IPTV, not LKLWL as previously indicted by Lewin, hired PestRX to evaluate the gull issue at Latina's and come up with a plan for deal with the issue.

To implement that plan, which was turned over to the court by the attorney for IPTV, will cost IPTV $16,600. It will involve cleaning bird debris off the 41,580-square-foot roof, power washing the sides of the building, cleaning drains and putting in new drain covers, and implementing an "exclusion" procedure to deter the gulls from coming back.

The exclusion method was not specified.

"We intend to put forward our best effort and resolve this issue and put it right with the city," Hiller said.

As mortgage holder -- having only recently been assigned the mortgage, Hiller said --  IPTV has the right to protect its financial interest in the property and insure the building is well maintained.

Without IPTV stepping in now to try and resolve the issue, IPTV could ultimately face a bigger bill down the road.

"The cost of any fines or penalties or the cost of the city's remediation would ultimately come out of the mortgage holder's pockets," Hiller said.

One potential stumbling block is that before PestRX will begin work, Lewin must sign a liability waiver.

Outside of court, another attorney for IPTV, Mary Redmond, said that one way or another, IPTV will handle the issue.

As for Lewin, Judge Balbick wants to see him in court.

"The defendant will answer in my court independent of what you (Hiller) do," BaIbick said. "It’s imperative that this man appear in city court."

City Manager Jason Molino said the city will actively pursue the warrant against Lewin to ensure he appears before Balbick to answer the code violation charges.

Photo: Franklin Hiller, courtesy Geoff Redick, WBTA.

Police Beat: Teens accused of stealing latex gloves from Alexander School

By Howard B. Owens

Lucas David Trzecieski, 18, of Broadway Road, Alexander, is charged with criminal trespass, 3rd, and petit larceny. Trzecieski is accused of being on Alexander School property without permission and of stealing latex gloves. A 17-year-old from Attica was also charged.

Jason L. Adams, 66, of Batavia, is charged with assault, 3rd. Adams was arrested by State Police at 5:17 p.m., Wednesday. No further details were released.

Western OTB CEO announces retirement after 29 years

By Howard B. Owens

After 29 years of driving Western Regional Off-Track Betting, Martin Basinait is stepping down as CEO.

Basinait announced his retirement to the OTB board in a letter yesterday.

His legacy will be the revival of Batavia Downs. It was Basinait who convinced OTB to buy the vacility and bring back horseracing.

Dick Seibert said it was also Basinait who championed the addition of video lottery terminals.

"Horseracing is a declining industry and there's nothing you can do about it," Seibert told WBTA. "Without the VLTs, we would be facing a dismal future. We have a bright future now."

Basinait's resignation is effective in February 2011. The board will now begin the search for a new CEO.

Today's Deals: Larry's, Kraving's, Alex's, O'Lacy's, Center Street, and more

By Howard B. Owens

Larry's Steakhouse, 60 Main St., Batavia, NY: The name says it all -- Larry's is a great place for steak. Larry's has a fine dining atmosphere with a great menu and outstanding service. We have a $25 gift certificate for $12.50.

Kravings, Valu Plaza, 4152 W. Main St., Batavia, NY: Kraving's offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

O'Lacy's Irish Pub, 5 School St. Batavia, NY: In Irish pubs, it doesn't get more authentic than O'Lacy's. Be sure to try the homemade chips. We have a $25 gift certificate for $12.50.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $20 gift card for $10.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." We have a $20 gift card for $10.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding. We have a $20 gift certificate for $10.

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts,lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Sallome's Italian Deli, 40 Oak St., Batavia, NY: Wraps, subs, paninis and pasta as well as pizzas -- Sallome's offers a tasty variety of Italian deli items for eat-in or take-out. We have $10 gift certificates for $5 each.

Stafford Trading Post, 6173 Main Road, Stafford, NY: Lunch or dinner, Stafford Trading Post offers a variety of fresh, homemade meals, as well as snacks and drinks. Now in a new, expanded location. We have a $25 gift card for $12.50.

Clor's Meat Market, 4169 W. Main St. Road, Batavia, NY: For the best, most flavorful, juiciest chicken or hamburger in town, hands down, stop by Clor's. Oh, and the steaks are great, too. And the sausage. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $20 gift card for $10.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

SOLD OUT

Batavia-based drug dealer admits to crime in federal court

By Howard B. Owens

A Batavia-based drug dealer admitted in U.S. Federal Court today that he was involved in the distribution of methamphetamine, cocaine and marijuana.

Kenneth Munnings, 44, faces a maximum federal penalty of 20 years in prison and a fine of $1 million after telling U.S. District Judge Charles J. Siragusa that he was guilty of conspiracy to possess, with intent to distribute, illicit drugs, and to distributing them.

The charges stemmed from a joint federal, state and local wiretap investigation that revealed Munnings was responsible for obtaining significant quantities of meth, cocaine and marijuana from a drug-trafficking network in Rochester, according to U.S. Attorney Brett A. Harvey. Harvey said Munnings then redistributed the drugs in Genesee County.

The investigation uncovered Munnings dealings from 2006 through October 2008.

Munnings will be sentenced at 4 p.m., Nov. 1, in Rochester.

Vehicle being towed by motorhome catches fire on Thruway

By Billie Owens

A car fire was reported on the Thruway -- the car was being towed by an RV.

The RV driver was reportedly initially unaware of the fire.  He under did eventually pull over at the Batavia off-ramp.

An assistant chief from the Le Roy Fire Department was in the area and heard Town of Batavia Fire being dispatched. He responded and knocked down the fire, which was reportedly under the car.

The motorhome was reportedly traveling along the Thruway for some time with the driver apparently unaware of the car fire.

There is a reported extension of the fire into the console. The vehicle has been disconnected from the motorhome.

A day at the races -- and in a balloon -- for middle-schoolers

By Daniel Crofts

Middle-schoolers from all over the county came to Batavia Middle School on Tuesday for the "MST Explorer Camp" (see June 19 article for more information). The camp involved students in hands-on learning activities using math, science and technology.

A 13-year-old race car driver and Batavia Middle School student Val Stephens -- pictured center -- helps with a demonstration designed to give the kids a lesson in aerodynamics:

Kevin Raymond, a teacher in the Keshequa School District and a hot-air balloon enthusiast, talks to the kids about the type of energy that powers hot-air balloons. He shows them how they work, using an ultra-light balloon as an example (keep in mind that about 10 of these could fit into one of the larger ones):

(Inside the balloon)

Batavia Middle School technology teacher Frank Panepento shows them how to go about designing CO2 cars. 

The students designed their own cars, put them in a wind tunnel (in order to determine how much speed they could handle), weighed them and, when they finally had all the necessary data, raced them. The students whose cars fared poorly in the race were simply asked to modify their designs and see what effect their modifications had on the cars' efficiency. 

 

Muckdogs return home Sunday for two games against the Crosscutters

By Billie Owens

The Muckdogs return home this Sunday, July 25, for a two-game series with the Williamsport Crosscutters, an affiliate of the Philadelphia Phillies. Game time is 5:05 p.m., with gates opening at 4.

With every Sunday, we’ll once again have Bob Evans Restaurant’s Post Run the Bases with Homer. All kids have the opportunity to run the bases with Homer after the game! Every child who runs the bases will receive a free kid’s meal coupon courtesy of Bob Evans Restaurant.

Monday, July 26, the Muckdogs will once more face the opposing Crosscutters. Game time begins at 7:05 p.m., with gates opening at 6.

Monday offers a Bike Raffle courtesy of the Lion’s Club of Batavia. The Lions Club will be giving away a bike to one lucky boy and one lucky girl. It will also be Muckdog Monday presented by The Daily News, where fans receive a $1 off a general admission ticket with coupon in the Saturday edition of The Daily News.

Monday is also a Knot Hole Gang game courtesy of Turnbull Heating & Air. At every Knot Hole Gang game, members can get a general admission ticket for just $2 and their parents/guardians also receive a $1 off their ticket.

To find out more information on the Knot Hole Gang, check out muckdogs.com.

For tickets, call the Muckdogs Box Office at 343-5454, ext. 1005.

Elba WWII military nurse looks back

By Gretel Kauffman

When Ella Gex entered the Army as a nurse in October of 1944, it was because, well, she never considered not joining.

"It just seemed like the right thing to do," she says. "We felt we should. They were asking for nurses, and we were all single."

The "we" she is referring to is her graduating class at nursing school. Gex, now 89 and a resident of Elba, was born and raised outside of Detroit. Upon graduating from high school in 1939, she attended the Grace Hospital School of Nursing. In 1944, she joined the Army Nurse Corps.

"When we graduated (from nursing school), over half our class went into the service," she says. "We had decided that we would all go in together. We thought we would go in as a unit, but of course we didn't."

In March 1945, Gex was stationed at Vaughn General Hospital in Chicago, and in April she was sent to Fort Riley, Kansas, where it was determined who would be stationed where. Later that month, Gex's unit sailed from San Francisco to the Philippines. They arrived in Manila on May 17, 1945.

"I remember sailing under the Golden Gate Bridge," she says. "We suddenly realized we didn't know when we were coming back."

Gex's unit was stationed at the 315th General Hospital in the Philippines. While there, she also rotated temporary duty at the 89th Field Hospital, where she cared for casualties.

"It was my first time outside of North America, but you couldn't see too much of the [Filipino] culture because it was all banged up. I don't think they had a lot of amenities like we had, no electricity. There were generators at the hospital."

Despite the distance, she managed to remain close with some of her nursing school friends who were stationed elsewhere. She laughs, recalling one particular gift sent from a friend stationed in France.

"She sent me some Chanel No. 5 and it caused quite a stir at the camp. I was down at the 8th Field Hospital at the time, and the mail would only come once a week. The perfume was cream, and it sat there in the heat for a week and stunk up the whole camp. It was solid, but it just permeated. I felt sorry for those poor guys smelling Chanel No. 5."

When Gex left the Army in December 1945, she had earned four medals: one overseas bar, a Philippines Liberation Medal, an Asia-Pacific Campaign Medal with one Bronze Service Star, and a WWII Victory Medal.

After returning from Army duty, she went back to work at Grace Hospital for four years.  In 1949 she enlisted in the Navy Nurse Corps and received a promotion to Lieutenant, J.G. She reported to Bethesda Naval Hospital in Maryland in October. While working there, she cared for many distinguished patients such as General Alexander Vandegrift, Fleet Admiral Earnest King, and her future husband, Navy pilot Don Gex.

"I would have liked to stay in the Navy," she reflects. "I really liked it. I loved the people that I met. Those friendships stay forever."

She shows me an old photograph of the Navy version of herself smiling next to two other nurses. "We were The Three Musketeers. Elaine was killed around 1960, but Ruthie and I still call each other two or three times a year."

Upon getting married, Gex left the Navy and moved to Greenwich, Connecticut, with Don (who was still enlisted), where they raised their children. However, after the death of her husband, she went back into nursing and spent 17 years with the American Can Company doing physical exams for coorporate officers.

She now lives in Elba, near her daughter and son-in-law, veterinarians Fran and Norm Woodworth.

When asked the differences between military nursing and regular nursing, she explains, "I think that (as a military nurse) you had more responsibility -- no, actually, I can't say that, because every life is just as important whether you're in the military or not. But the (military) nursing staff was just young kids who were given some medical training. You had more authority. But when it really comes down to it, no matter what, the care of the patient is still the primary thing."

Possible structure fire near Trigon Park in Le Roy

By Billie Owens

A possible structure fire is reported at 27 E. Main St. in Le Roy, near Trigon Park. The caller reports the smell of smoke but nothing visible. Le Roy Fire and a medic are responding. A Bergen fire truck is also called.

UPDATE (1:45 p.m.): The Bergen truck is not needed. The residents of the apartment are not home, but firefighters checked the apartment and found nothing. However, a zoning officer is en route to inspect the premises.

UPDATE (2 p.m.): Le Roy medic is back in service. Le Roy Fire is also, having turned over the scene to the code enforcement officer and the property manager.

Police Beat: Tussle on Council House Road leads to two arrests, so far

By Howard B. Owens

Cara L. Skye, 22, of South Loop, Steamburg, and Stormy Skye, 18, of Skye Road, Basom, are accused of being involved in an altercation at 4:14 a.m., Wednesday, in the area of Council House Road and Meadville Road, Town of Alabama. Cara Skye is accused of punching a woman and taking away her mobile phone while she was attempting to call 9-1-1. Cara Skye's brother, Stormy Skye, allegedly took the phone and smashed it on the roadway. Cara Skye is charged with robbery, 3rd. Stormy Skye is charged with criminal mischief, 4th. The investigation is continuing and additional arrests are anticipated. The investigation is being handled by Deputy Kevin McCarthy, Inv. Roger Stone, Inv. Kris A. Kautz, Inv. Timothy Weis and Juvenile Officer Christopher Erion.

Michael C. Hill Jr., 18, of 25 Bacon St., Le Roy, is charged with one count of criminal possession of a weapon, 4th. Sgt. Timothy Hayes and Det. John Condidorio investigated a report of a disturbance in Mill Street Park. It was alleged that Hill was at the park discussing an issue with another person. The talk became heated and Hill allegedly pulled out a four-inch hunting knife. Somehow, Hill was disarmed. The police were called. The knife was located in Oatka Creek.

Michael J. Hilton, 19, no permanent address, was picked up by Le Roy Police on a bench warrant for alleged failure to comply with terms of his release. Hilton previously pled guilty to burglary, 3rd. Hilton was jailed pending an appearance in Genesee County Court.

James M. Alvut, 46, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Alvut was stopped by State Police at 5:15 p.m., Tuesday, on Bank Street Road, Batavia.

A 16-year-old Elba resident is charged with disorderly conduct and obstructing traffic. The youth was arrested by State Police for an alleged incident in Elba at 9:07 p.m., Saturday. No further details were released.

Vehicle rollover on Thruway in Pembroke area

By Howard B. Owens

A car has rolled over on the Thruway in the area of mile marker 403.3, eastbound.

Pembroke and Indian Falls and Mercy EMS dispatched.

A caller saw a vehicle on the shoulder on its roof.

Unknown injuries.

UPDATE 10:27 p.m.: First responders are not finding any signs of an accident.

UPDATE 10:29 p.m.: There is a trailer parked off the side of the Thruway and responders are thinking that the caller may have mistaken it for a rollover. Emergency responders being put back in service.

Weather: Storm Update

By Howard B. Owens

UPDATE 6 p.m.: Picture of Main and Bank streets about 10 minutes ago, when a storm cell passed over Batavia. Within minutes, the skies started to clear and the rain stopped. There may be more on the way. There is a report of a traffic light being stuck in red in one direction and green in another at Oak Street and Richmond Avenue as well as at Oak and the Thruway. There was a report of wires down on Walnut, but that turned out to be cable wires and not in the street. So far, it sounds like the parade at the Genesee County Fair is going to go ahead as scheduled.

----

A tree is down and completely blocking North and State Street roads in Elba. Elba Fire Police are responding to shut down traffic.

There are minor power outages near Byron. The largest effects 11 customers in the Gillette Road area.

About 19 residents are without power in the area of Hawes Road.

The severe thunderstorm watch has been updated.

SEVERE THUNDERSTORM WARNING FOR... EAST CENTRAL GENESEE COUNTY IN WESTERN NEW YORK, EXTREME NORTH CENTRAL LIVINGSTON COUNTY IN WESTERN NEW YORK, SOUTHWESTERN MONROE COUNTY IN WESTERN NEW YORK.

* UNTIL 6:15 P.M. EDT.

* AT 5:10 P.M. EDT...NATIONAL WEATHER SERVICE DOPPLER RADAR INDICATED A LINE OF SEVERE THUNDERSTORMS CAPABLE OF PRODUCING QUARTER SIZE HAIL...AND DAMAGING WINDS IN EXCESS OF 60 MPH. THESE STORMS WERE LOCATED ALONG A LINE EXTENDING FROM CALEDONIA TO FIVE MILES NORTHWEST OF LE ROY...OR ALONG A LINE EXTENDING FROM 13 MILES SOUTH OF BROCKPORT TO SEVEN MILES EAST OF BATAVIA...AND MOVING EAST AT 10 MPH.

* SOME LOCATIONS IN THE WARNING INCLUDE... LE ROY AND CALEDONIA.

Top Items on Batavia's List

Town Court Clerk Below are two lists: one details the myriad responsibilities that fall within the purview of the court clerk; the other summarizes the knowledge and abilities that court clerks possess or acquire through training. These lists are provided so that a judge and municipality can intelligently discuss the benefits that a court clerk can provide. The items below can also form the basis for a list of job duties should a municipality need to fill a vacancy in a court clerk position. Primary Responsibilities A. Maintain confidentiality of records and information when required to do so B. Prepare court calendar C. Collect monies, reconcile daily receipts, deposit receipts, prepare reports for monthly disbursements, reconcile bank accounts, and prepare administrative reports D. Enter convictions on drivers' licenses and prepare conviction reports electronically transmitted to the Department of Motor Vehicles E. Enter criminal conviction on NCIC reports and electronically send same to Division of Criminal Justice Services F. Respond to inquiries-in person, by phone, by e-mail and by mail-and provide assistance to lawyers, litigants, media, and members of the public G. Prepare monthly reports that are electronically sent to the Office of the State Comptroller H. Prepare orders, summonses, warrants and other court forms i. Communicate with outside agencies in order to coordinate the Court's activities and provide services to litigants. Such agencies include: ii. Law enforcement agencies, such as local police departments, New York State Police, Sheriffs office, FBI and CIA, US Armed Forces, and the Office of the District Attorney; I. Other courts, including superior courts and other local town and village courts; and i. Miscellaneous county agencies, such as Community Service, Community Dispute Resolution Center, Pre-trial Release, Probation, Stop DWI program, Victim Impact Panel, and Youth Court. ii. State agencies that require periodic reporting, including the New York State Unified Court System, the Department of Motor Vehicles, the Office of the State Comptroller, the Division of Criminal Justice Services, and the Office of Court Record Retention. J. Examine court documents to ensure their accuracy and completeness K. Receive and file summonses, traffic tickets and other documents for court proceedings i. Assist the Justice at the bench during all Court proceedings Knowledge of: 1. The functions and organization of the Unified Court System ii. Basic legal terminology, codes and abbreviations iii. Court forms, practices and procedures, including those set forth in the Uniform Justice Court Act and the Uniform Civil Rules for the Justice Courts (22 NYCRR Part 214) 2. Ability to: i. Prepare judicial orders and decisions ii. Effectively communicate information orally and in writing iii. File and retrieve materials, extract data from various sources for entry onto court form iv. Research and interpret laws outlined in court documents and litigants' motions and other papers v. Perform mathematical tasks in order to compile court activity reports, total receipts, accept payments, and verify bills vi. Refer to appropriate documents, statutes, citations or other sources in order to respond to specific questions from attorneys, litigants and members of the general public vii. Interpret policies, statutes, rules and regulations and apply them in specific contexts viii. Establish work priorities ix. Constructively manage conflict with court users Qualifications: Highschool diploma recognized by the NYS Dept of Education or appropriate equivalent. Along with 4 years of college, specialization in criminal justice, law, business administration or related field. -OR- 2 years college with specialization in Business Administration or related field. Please email your resume to abrownell@townofbatavia.com no later than 12/16/2024. Pay is based on experience.
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