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Holley man sentenced to prison for rape at Batavia college

By Alecia Kaus

A Holley man was sentenced to two years in prison Friday after admitting he engaged in sexual intercourse with another person without that person’s consent during a September 2020 incident at Genesee Community College in the Town of Batavia.

The female victim has said that she was incapable of consent due to her level of intoxication, rendering her helpless.

Genesee County Court Judge Melissa L. Cianfrini sentenced Juan M. Mendez, 21, to a determinate sentence of 2 years in prison and 10 years of post-release supervision during his sentencing on Friday morning.

Citing a letter written to probation by Mendez, Judge Cianfrini asked his attorney William Swift if Mendez still accepts the plea to rape 3rd degree. Cianfrini says in the letter the comments made by Mendez did not show he was admitting there was no consent by the victim as she was incapable.

“The comments showed a callousness, and I considered rejecting the plea, you tried to explain away what happened,” Judge Cianfrini said.

Swift affirmed his client accepted the plea and that the victim was incapable of consent.

“In his mind he understands,” Swift said.

The victim in the case addressed the court explaining that she thought she was with a small group of friends that she trusted on Sept. 3, 2020.

“They let me down, I was not conscious when he laid in my bed,” the victim told the court.

Since the incident, the victim says she has suffered from PTSD and is not the same person she once was.

“I have turned cynical, he showed me an evil that has made me sick to my core," she said. "I don’t feel safe at home, and I have trust issues, I am suffering.”

The victim, who said she knew there was a chance some would not believe her, and that the justice system often fails many women, said she decided to take a chance and move forward.

“He knew what he did was rape, but he did it anyway.”

The victim told the court she had a hard time accepting the plea deal that was offered. She addressed Judge Cianfrini directly.

“Judge, you have an opportunity to show that the justice system will not let women down. I’m asking you to bring forth the justice he deserves and sentence him (Mendez) to prison,” the victim said.

Mendez, 21, of Holley, NY, pleaded guilty to rape 3rd degree, a class E felony, this past April in a plea deal. He was originally facing three other charges in the indictment, rape 1st degree, a class B violent felony, sexual abuse 1st degree, a class D violent felony, and sexual abuse 3rd degree, a class B misdemeanor.

Mendez’s attorney requested that the court not sentence him to incarceration, as he is a young man and has pleaded guilty and accepts his responsibility and the consequences, and to consider that he is a father, and has a job, and to not take him away from his family.

Assistant District Attorney Robert Zickl expressed that the victim put forth a strong argument for state prison and requested the maximum sentence.

Judge Cianfrini addressed Mendez before sentencing, referring to letters received from family and friends showing a very family-oriented person.

“You are not the same person in these letters, I do believe she never consented with you, the evidence indicates in no shape or form she was able to communicate. You knew that you barely knew her, and you had no business being in her room. You don’t get it; you do need to be monitored and you need some insight into your actions.”

Mendez was accompanied by his family in court and chose not to speak during his sentencing. Two orders of protection were issued for the victim and one other person who was a witness. Mendez was warned about the use of social media as contact as well. He was handcuffed by NYS Court Officers and transported to the jail. Upon release, Mendez will register as a sex offender.

Macbeth at Hollwedel Library postponed

By Press Release

Press release:

There is a  Covid outbreak in the “Shake in the Lake” troupe, so there will be no performance of “Macbeth tonight. The show has been rescheduled to Mon., Aug. 1 at 6:30 pm. at the library. The food trucks are still coming tonight if you’d like to get dinner and/or ice cream.  We hope to see you on Aug. 1!

 

UMMC closing St. Jerome's urgent care pending Healthy Living opening

By Press Release

Press release:

Rochester Regional Health has made the decision to close the Batavia Urgent Care at the Jerome Medical Center effective August 1, as it prepares to offer reimagined urgent care services in the Batavia Medical Campus on Oak Orchard Rd. opening next year.  Our community’s health and wellbeing is extremely important to us, so while that new four-story, 115,000-square-foot state-of-the-art building is under construction, RRH continues to offer urgent care services through primary care offices, telemedicine and at United Memorial Medical Center.

Every staff member from the Batavia Urgent Care is moving into another position within the RRH system while the organization works through the Urgent Care redesign.

“Rochester Regional Health and United Memorial envision a future healthcare model with many complimentary services under one roof that provide reliable high-quality care,” said United Memorial Medical Center President Dan Ireland.  “Existing demands for staff and resources require new thoughts on how to operate services like Urgent Care. Now is the time to reflect on the future of healthcare and thoughtfully redesign the model of care that will serve our community in the years to come.”

  • Primary care offices remain open, and providers aware of the changes ahead are prepared to see any patients with urgent needs 
  • RRH ExpressCare offers patients immediate, on-demand virtual appointments with providers through patients’ MyCare accounts.  https://www.rochesterregional.org/services/telemedicine
  • UMMC’s Emergency Department as always, is ready 24/7 to see any patients with true medical emergencies

In the coming days and weeks, patients will receive letters with more information and there will be new signs at the Batavia Urgent Care site about the changes.

The new Batavia Medical Campus building is slated to open in the Spring of 2023.

Chamber of Commerce loses funding for branding initiative

By Joanne Beck

Genesee County Chamber of Commerce will be a little short in the wallet for a new branding initiative that the former president had proposed.

The county’s Ways and Means Committee voted this week to rescind the $139,500 advance payment because Erik Fix had requested a material change in the original proposal, and then shortly after resigned his position. Fix had initially requested $240,000 from the county to establish a branding initiative that would meet American Rescue Plan Act requirements. ARPA was established in 2021 to shore up American businesses and organizations that lost revenues due to the pandemic.

County Manager Matt Landers said that due to the change in terms from the chamber, county legislators and he agreed to terminate the contract.

“After the contract between the County and Chamber was executed, and the Chamber started the work on the contract, they suggested some changes on how to utilize the ARPA funds, which would require a contract amendment,” Landers said to The Batavian. “The County and the Chamber were in the process of exploring an appropriate contract amendment when the Chamber President announced he was leaving his post. Since Erik was the driving force behind this initiative, we felt it was appropriate to void the current contract altogether and hopefully bring forward a new one once a new president is on board.”

The budget will be amended by decreasing ARPA contractual expenses in the amount of $139,500, to be offset by a decrease in federal aid in the same amount.

The branding initiative stemmed from a template “that worked well in Livingston County” and seemed likely to also work well in Genesee County, Landers said.

“We are supportive of this effort that supports local tourism and local businesses,” he said. "Assisting local tourism efforts that suffered greatly during the pandemic is one of the areas targeted in the regulations on the ARPA funds.”

The money is to be reimbursed to the county in one lot, he said.  

Genesee County received a total of $11,125,969 in Coronavirus State and Local Fiscal Recovery Funds made available through the federal ARPA, signed into law in March 2021.

Twice is the charm for new Youth Bureau leader

By Joanne Beck

It seems fair to say that Daniel Calkins was persistent when it came to applying for a job with Genesee County.

The former Marine Reservist, pastor and residential coordinator had wanted to be executive director of the Youth Bureau, and he applied once before attempting it again this year. The position has been temporarily filled by Interim Director Chelsea Elliott, and county officials wanted to permanently fill it.

As someone who has enjoyed working with and encouraging youth, Calkins finally snagged what perhaps he’d call the perfect position.

“I think it's a dream job for me being able to work with the youth and influence their development and their lives,” he said by phone while driving to his home in Attica. “Also, it's a great move for my family. It's a stable position and I think it's something I could do for quite a while.”

The 2007 Batavia High School graduate had grown up on Batavia’s south side, attending Genesee Community College before enlisting in a six-year leg with the U.S. Marine Reserves. After that, he completed his studies at GCC and obtained his bachelor's degree in Community and Human Services at Empire State College.

Calkins has always wanted to be a social worker, he said, but slightly strayed with a Master’s of Divinity Degree from North Eastern Seminary at Roberts Wesleyan College. It was either go for a Master's in Social Work or Divinity, and he chose the latter, still with a heart to work with youth, he said.

“But then I just decided to do a Master's in Divinity at the time because I was working at the church with the option of going back and actually getting my bachelor's in social work,” he said. “I was just really open to how I felt, the world was leading me and God was leading me into what you want to be working on at that time. So I didn't really have a plan per se.”

Calkins was pastor of the Next Generation program at Northgate Church in Batavia for four years, and more recently worked at Arc GLOW as residential coordinator for people with intellectual and developmental disabilities. He begins his new job as Youth Bureau executive director August 1.

“So I took a job when it became available at Arc; I had applied for the Youth Bureau position in the past, and I didn't get it. But, you know, I always had my eyes on it because I love working with the youth,” he said. “I think it's important that people are intentional about the development of the young people in the world. Rather than letting the world shape them, we have to take an active approach in making sure that their development is meaningful, and that it's on the right path.”

He doesn’t believe that enough emphasis is put on the amount of development that takes place during one’s childhood and adolescence. That’s the crucial time that “you become the person that you're going to be,” he said.

Calkins, whose Facebook page has a backdrop of a cheese-and-pepperoni pizza, married his high school sweetheart, Deanna. They have two boys, with another one on the way, and are expected to have a birthday in early September.

The pizza, you might wonder, is significant as part of the many hats that Calkins wears, he said. He and a buddy make pizzas for wedding receptions as a “little side hobby.” That’s due to his appreciation for “learning how to do new things.”

There might just be a pizza activity once he’s on board at the Youth Bureau, he said, along with many other recreational ideas he has in store. The 34-year-old's leadership style may seem a bit more peer than the boss.

“I like to lead next to people, I like to walk beside people in life. Rather than tell people what to do, I like to help them figure out what they want to do,” he said. “And I love humor and use humor quite a bit. I can be very silly and childlike myself. But I also have a passion for justice and just making sure there's a relative fairness in life and helping the people that may feel behind or put behind by society or whatever, to have an opportunity as well to be the best person that they can be called to be.”

There were four candidates for the position, County Manager Matt Landers said. Dan stood out with his enthusiasm, energy, noticeable preparation for the interview and experience, Landers said.

“(Those) were all factors in the search committee unanimously recommending Dan for the position. The search committee was made up of representatives from the County Legislature, Human Resources, DSS, the Manager’s Office and the Genesee County Youth Advisory Board,” Landers said. “Dan has a good amount of experience working directly with youth and developing youth programming that reaches kids, especially at-risk youth. Dan has spent his professional career working with youth and people with disabilities, striving to make meaningful improvements in the quality of their lives.”

Landers also acknowledged the two veteran employees and Chelseas — Chelsea Elliott and Chelsea Green — who have “stepped up big time during this period of transition, none bigger than Interim Executive Director Elliott,” he said. 

“I look forward to Dan working with our two Chelseas to learn the ropes and put his stamp on the department,” Landers said. 

That’s exactly what Calkins plans to do, in an effort to build relationships, and allow people to learn who he is and about his intentions, so they can see “that I'm safe, and I'm here to help them.”

“And I'm there to provide more meaningful experiences for the youth in the county, and the families as well. I think the best way to reach youth is for their parents to trust you,” Calkins said. “I have a passion for working with people. So we're not going to duplicate any services that are already happening in the community, we’ll work in partnership with them, and help them make what they're doing better.

“I feel ecstatic. I'm so excited. I feel like I am bursting with ideas,” he said. “And I don't have a particular agenda. It's just to be helpful. And make sure that people's lives in the community are meaningful and that they have the opportunity for education.”

Submitted photo of Daniel Calkins.

Sponsored Post: The Genesee County fair begins tonight

By Lisa Ace


Daily at the Fair:

  • Air Sculpture (Balloon Display and Demonstrations) (All Day, Every Day)
  • Pig Racing – Show Schedule (SAT: 3pm, 5pm, 7pm, SUN: 3pm, 7pm, MON: 3pm, 7pm, TUES: 4pm, 6pm, 8pm, WED: 2pm, 4pm, 6pm, 8pm, THURS: 4pm, 6pm, 8pm, FRI: 2pm, 4pm, 6pm, 8pm, SAT: 2pm, 4pm, 6pm, 8pm)
  • Niagara Down Under (All Day, Every Day)
  • Pony Rides (All Day, Every Day)
  • Chain Saw Carver (All Day, Every Day)
  • Fame Racing Schedule – Saturday: 2,4,6 Sunday: 2,6 Monday: 2,6 Tuesday: 3,5,7 Wednesday: 1,3,5,7 Thursday: 3,5,7 Friday: 1,3,5,7 Saturday: 1,3,5
  • Johnny Muttville Comix Schedule – Saturday: 1, 3:30, 5:30, Sunday: 1, 4, 5:30, Monday: 1:30, 4, 5, Tuesday: 2, 4:30, 6:30.

Friday, July 22nd—North American 6 Horse Hitch Classic Series
($5 carload entry to the fair Friday, 7/22 only)

  • 11 AM—Draft Horse Hitch Show (Horse Arena)
  • 4:30 PM—Draft Farm Team Show (Horse Arena)
  • 5:30 PM—North American 6 Horse Hitch Classic  (Horse Arena)
  • 6 PM—Fair Queen Pageant (Entertainment Tent)

Events & times on the schedule and this website are subject to change. Follow us on Facebook to keep up to date with changes.

Local business owner witnesses apparent attack on Lee Zeldin at rally in Fairport

By Howard B. Owens

 

Local business owner Brandon Lewis was at a campaign rally today live streaming governor candidate Lee Zeldin's speech, when a man grabbed Zeldin and apparently attacked him during the event in Fairport.

In another post on social media, Lewis characterized the attack as an "assassination," but in an interview with The Batavian he said that post was kind of "heat of the moment."  He doesn't know for sure that the person intended to kill Zeldin.

Lewis, who owns The Firing Pin in Bergen, said that at one point, after the man was wrestled to the ground, somebody yelled "He has a knife. He has a knife."  But Lewis said he never saw a knife.

The man yelled at Zeldin before grabbing him, claiming "You're done, Lee. You're done, Lee."  Lewis said the man sounded drunk.

"It seemed when he grabbed him he wasn't letting go," Lewis said. "He wasn't going in for a hug, let's put it that way.  He didn't have good intentions."

Shortly after the attack, somebody asked for a first-aid kit, and Lewis went to his truck to retrieve his kit.  He shot the picture above when he returned a minute or so later, he said.  He said the first-aid kit was apparently to assist Alison Esposito, Zeldin's running mate, for her scraped knuckles from the incident.

Top Photo: By Brandon Lewis of a man on the ground after a man apparently grabbed Lee Zeldin during a campaign rally in Fairport.

Cornerstone to host Reawaken America Tour next month

By Joanne Beck

It didn’t take long for word to spread that Batavia’s Cornerstone Church was hosting the enormous and controversial Reawaken America Tour.

Pastor Paul Doyle spoke to organizers a few days ago after a planned event was cancelled in Rochester. Doyle was asked if Cornerstone could do it as they investigated various options, and he said that it could be an option. 

“They got ahold of me yesterday … and I said yes, we can do that. I think it’s a patriotic, Godly event with reputable people that love the Lord,” Doyle said Thursday to The Batavian. “I’ve been inundated by speculation … people are arriving at conclusions. This isn’t just a secular event. These are Godly men and women … there’s going to be prayer, repentance, and because of that, the baptisms.

He expects there to be 500 to 1,000 baptisms during the two-day event.  It has been set for August 12 and 13 at the church on Bank Street Road.

“As far as the backlash, to be quite honest with you, I really didn't follow what was happening in Rochester. I mean, basically, from a distance. I caught wind that there was some opposition to the event, but I can't say I really followed it,” he said. “And I certainly didn't know the extent of it to the point where they would actually cancel the event at the venue.”

Reawaken America was initially a Health and Freedom event that began during the pandemic. It was renamed the Reawaken America Tour in 2021, and has visited several venues across the country. Led by Clay Clark, the event has featured dozens of speakers, including Roger Stone, General Michael Flynn and Mike Lindell, of the My Pillow fame. It purportedly began as an anti-vaccination and pro-freedom rally, although Doyle sees it as a patriotic event that focuses on God and Jesus Christ. As for claims that white supremacist groups, including the Proud Boys, show up at these events, he believes that’s an assumption about what could happen.

“We have no affiliation with the Proud Boys; I don’t even know who they are. Anybody could show up, the KKK could show up. I feel like it’s being overdramatized. We’re not promoting violence,” he said. “I don’t know why people are so fearful of a narrative. If anyone is disruptive or hostile, they will not be welcome. I sure hope white supremacists don’t come.”

He would like people to not be persuaded by reports of other events and hearsay, and instead go by Cornerstone’s good works. For example, church members took “truckloads of food and clothing” to people affected by the mass shooting at Tops in Buffalo.

“We supported an African American community … bringing truckloads to people that are hurting.  It broke our hearts to see what was happening there. We’re not doing a bad thing, we’re doing a good thing. We look and see what the word of God says,” he said.

He can’t read people’s minds and hearts, he said, and won’t necessarily know if someone has ill intent if they attend. The church has seasoned law enforcement professionals to help with security, and he plans to connect with local law enforcement before the tour arrives.

Doyle expects the event to be a “civil, peaceful Godly event.” It will be on private property and the concerns are merely speculation and assumption at this point, he said.

“We’re gonna talk about Jesus Christ, we're gonna talk about salvations. And, to me, it's an upright, Godly event, if somebody wants to paint it something different than that, that's not coming from me.”

Photo of Pastor Paul and Lee Doyle from cornerstone.org.

Lithium battery blamed for small fire at Red Roof Inn, one minor injury reported

By Howard B. Owens

A lithium battery is the likely cause of a small fire in a hotel room at the Red Roof Inn on Park Road in Batavia, according to a release from the Town of Batavia Fire Department.

The town was dispatched on an alarm of fire at 9:30 p.m., Wednesday, and hotel staff confirmed a short time later that there was a fire in a guest room.

The hotel was evacuated.

The fire, contained to a small corner of the room, was put out with an extinguisher and the structure was ventilated. Guests were allowed to return to their rooms a short time later.

A hotel guest sustained a minor burn on a foot and was transported by Mercy EMS to an area hospital for treatment.

According to the Department, the cause of the fire was a lithium-ion battery from a remote control car that overheated while being charged.

The Sheriff's Office assisted at the scene.

Photos: 76th season of racing opens at Batavia Downs

By Steve Ognibene

The 76th year of racing at Batavia Downs kicked off last evening with a great turnout.  A total of 14 races of which 12 betting and 2 non betting was enjoyed by a great crowd. 

Jim Mulcahy, horseman representative who grooms trainers and drivers has been at the track for 50 plus years helping organize each night of racing.  There were 3 divisions and the majority were 2-year-old trotting phillies, New York sire stake races.

Wayne Teaven is the new track announcer who also announces in Buffalo too.

Photos by Steve Ognibene

Town Board OKs sewer main agreements on Park Road

By Mike Pettinella

The Batavia Town Board on Wednesday night voted to enter into agreements with Western Regional Off-Track Betting Corp. and Genesee Park Place Associates to install approximately 700 feet of new 12-inch sewer main as part of the Park Road Reconstruction Project.

According to two separate resolutions, WROTB and Genesee Park Place have agreed to cover up to $260,000 for the installation of the sanitary sewer line that will connect to their existing sewer systems.

The town would be responsible for expenses greater than that figure and, toward that end, the board passed a resolution calling for the issuance of serial bonds of up to $340,000, with financing over a seven-year period.

Town Supervisor Gregory Post said the bonding process, initiated months ago, is necessary in case the town decides to pay off the debt in that manner.

In a related development, the board approved a change order with Concrete Applied Technologies Corp., the Park Road project general contractor, to install the sewer main. The approved increase of $294,425 brings the total amount of the contract with CATCO to $4,495,001.

Additionally, the board passed a resolution approving an increase of up to $275,000 in a contract with Ravi Engineering and Land Surveying of Rochester for construction inspection services for the Park Road project.

In other action, the board:

  • Authorized the transfer of a 4.66-acre parcel behind the David McCarthy Memorial Ice Arena on Evans Street to the Batavia Development Corp. for future development. Post said the town had acquired the land at no cost and that no money will change hands for the transfer, which he said will help facilitate the creation of the City of Batavia’s Creek Park project.
  • Adopted Local Law No. 3 of 2022 that amends the town’s vehicle and traffic law to establish 10- or 5-ton weight limits for trucks, tractors and tractor-trailer combinations on streets in the Oakwood Estates development off East Main Street Road and on Seven Springs Road from Route 33 to the Batavia-Stafford town line.
  • Granted a permit to Skylighters of New York, LLC, to put on a fireworks show on July 29 at the Genesee County Fair. The pyrotechnics display is scheduled to take place following the Demolition Derby, which gets underway at 7 p.m.
  • Reported that Assemblyman Steve Hawley will conduct a “town hall” session from 11:45 to 12:30 p.m. this Saturday at the Batavia City Centre (City Hall).

Making the best of a shared situation: city officials envision a new mall

By Joanne Beck

Editor's note: This is a continuation of a series about what's happening in the city of Batavia

An attractive, modern entrance; sturdy and leak-free roof; thriving retail shops alongside well-established medical practices, and an onslaught of patrons wanting to visit, shop, eat and enjoy a welcoming space.

Not exactly what many locals envision with the current City Centre. An Urban Renewal nightmare. A property that’s co-owned and managed by the city of Batavia and individual merchants. City Centre hasn’t gained a reputation in recent years as a place to enjoy. Not in the concourse, with buckets catching drips from a roof and a deadened atmosphere from vacated properties and decreased foot traffic.

But that can — and will — change, city officials say. With a fair amount of work done so far — Phase I of a roof replacement, with Phase II in the works — there’s more to be done, Public Works Director Brett Frank said.

Each of the four silos that serve as entry and exit ways into the Centre are to be redesigned. He doesn’t have a definite timeline but said the process begins with design, and once that comes back and it all gets approved, the city will go out for bid on the project. He is also making sure that the cost is within the city’s construction budget, he said.

“Basically, the design of the silos is that it’s just your entryway into the City Centre … those are supposed to be architectural features that draw people in. The design is kind of up in the air right now. If it's something that, maybe, could possibly be more in line with the redesign that's taking place with the brickwork of City Hall — the hallways, Insurance Center to Islands Hawaiian Grill,” he said during a group interview with The Batavian. “But that's all kind of up in the air. So we're not exactly sure what we will get back from engineers; I'm sure either way, it's gonna look improved from what we have now. It will make it more inviting.”

Called silos because they are cylindrical in shape and stand separated from the mall with a set of doors to trap the outdoor air, these points of entry for visitors have been less than welcoming. Buckets stationed just inside the doors, and then throughout the mall, have made for jokes rather than an impressive image.

Time for a Rewind
After years of being embroiled in litigation, both the merchants and the City of Batavia agreed to a settlement in October 2017. The city agreed to repair, maintain and pay for items within the 46,000-square-foot public concourse and the merchants agreed to pay a yearly property maintenance user fee to the city.

Fees are $2.06 per square foot of each merchant’s individual property, which means different totals for each merchant, depending on the size of the business. Tabelski likens it to a condo or neighborhood association fee.

Part of the city’s agreement has meant employing one full- and two part-time employees to make the necessary repairs and maintain the concourse. These city positions are paid for with the user fees, Water and Wastewater Superintendent Michael Ficarella said.

“They do anything from mopping floors to changing lightbulbs to taking care of ceiling tiles,” he said.

It may not have been what everyone wanted, but it’s now about making the best of the situation, City Manager Rachael Tabelski said.

“So the agreement, as of the effective date (Oct. 24, 2017), affecting the mall, including the development and operating agreement, and the common facilities agreement of 1987:The city shall, for purposes of mall redevelopment and repairs, retain ownership of the mall concourse … the members of the Mall Merchants Association, their guests, customers, invitees shall continue to enjoy the rights to access the mall concourse, as has been customarily provided to each merchant. The mall concourse will be open to the public at reasonable times,” Tabelski said.

“So that's kind of the obvious portions of it. And then this section of the settlement agreement is called capital improvement. The city needed to develop a scope of work and bid specification to repair and improve the existing roof silos and skylights at the mall concourse collectively called the roof repairs," she said. "In the agreement, it was noted that they would keep the merchants apprised through the development of the scope of work, provide copies of these specifications and provide the proposal to the merchants for review.”

The Here and Now 
According to the agreement, roof repairs were supposed to be completed by March 31, 2021. One large roof project had to be broken into two parts so that the city could pay for and finance it. The first chunk cost more than $763,000 and Phase II will be approximately $218,000, Frank said. 

“So far, it's been rooftop unit number nine, that's been the biggest one,” Frank said.

He and Ficarella promised there would be no more buckets dotting the internal mall landscape. 

Pre-COVID, the city had been awarded $1 million from the Downtown Revitalization Initiative grant, and had plans to repair/replace the concourse roof, redesign and construct new silos, and paint the floor and walls, thereby improving the entire interior look of the concourse, Tabelskis said.

But after COVID and the ensuing pandemic hit, a lot happened in the construction world.

“As we had gotten into the project and COVID occurred, and these crazy construction price overages and inflation had occurred, we kind of settled to the point where we probably were only going to be able to do the first phase,” she said.

“That's how we ended up with phase two of the mall roof replacement. Because it was originally, like 2019, and then the second phase was (scheduled to be) from 2020 to 2021,” she said.

Aside from those repair expenses, it takes about $225,000 to operate the mall and concourse space, Tabelski said. That pays for anything needed, and the general fund “does not in the traditional sense have to support the mall, because we're able to operate it by using the user fees,” she said.

The concourse stage has been used for seasonal and impromptu concerts when the weather turns bad, and Batavia Players have occasionally performed or run their acting lines while standing on it, Ficarella said.

The stage still is still useful, he said, as a concert venue during inclement weather, Christmas in the City, and other prospective special events.

Funding for the first phase is from a funding reserve, and about $120,000 is being taken from that $1 million for the silo design process. The remaining money will go for actually redesigning those silos. The city also has received a National Grid Urban Corridor Grant to help with economic development projects in the city, Tabelski said.

“We can apply some of those funds to the project as long as we're doing exterior work, and improving what we call the kind of the urban corridor of a City Centre as well. The budget was going to go a lot further four years ago, when the grant was awarded. But as we got into COVID, and changes in leadership at the city, we're finally getting back to getting the project moving. It's just the season we live in now that the money's not going to go as far as it used to.”

That doesn’t mean that an interior facelift can’t happen, she said, as “there's definitely the ability to start to look at budgeting for flooring and painting improvements.”

Moving Forward
There have certainly been the naysayers suggesting that the mall just be torn down. So how do city officials get people excited about a structure described as wasteful, an eyesore and dead?

Perhaps some perspective steeped in reality would help. The mall has a Merchants Association with individual property owners who run their businesses, medical practices and personal services out of that space. The city has no claim to those properties and therefore cannot just go in and tear it all down.

Tabelski also wants to remind folks that these are viable businesses that have invested money, time and effort into their mall properties. At one time, several years ago, there was talk of slicing off a portion of the mall and restructuring some of that building. That was then, this is now, Tabelski said.

“I would say those are definitely plans that are out there. But because of the nature of the condo-ized situation at the mall right now, the city's trying to make the best use of the property we have, and bring people down to this corridor and work with what we have,” she said. “So the taking down any portions of the mall is not on the table right now.”

Up next: Moving Forward, continued

Go here for prior coverage about the city and mall settlement 

Photo of mall silo in Batavia; Valentine-themed buckets in 2020. Photos by Howard Owens. Dare to dream? These front entrances of Gemdale Plaza and Castle Mall are showy with lots of light and windows. Photos of "Mall Entries" by Sruthy Sukumaran.

Skillet backs heavier new album with performance at Kingdom Bound at Darien Lake

By Alan Sculley

Skillet doesn’t appear to be mellowing with age. Over a 15-year recording career that includes 10 previous studio albums, the Christian crossover band has firmly established their stylistic credentials within the metal/alternative rock universe.   

Eleven albums into a career that began in 1996, Skillet is back with the decidedly hard-hitting new album, “Dominion,” and songs like “Beyond Incredible,” “Surviving The Game” and the title track that mix thick guitars, aggressive beats and grimy industrial-ish tones sweetened with big melodic choruses. 

“I always laugh and tell people that as an artist I seem to have a really hard time knowing when something sounds different than the last record,” Skillet singer/guitarist John Cooper observed in a recent phone interview. “But my feeling is that this record is, it’s heavier...Some of that might be because of the Churko influence. That’s kind of what they do, isn’t it?”

The Churkos would be Kevin Churko, who produced and contributed to the songwriting on “Dominion,” and his brother, Kane Churko, who was also involved in the songwriting and production of the album.

“There’s something about Kevin’s production that’s just very big on the low end. It’s very, very punchy,” Cooper said of his producer, who has worked with Ozzy Osbourne, Five Finger Death Punch and Disturbed, among others. “He’s just a really, really great producer, and I’m a huge fan. So I was like ‘Kevin, do what you do. We want people to hear this music and feel like they’re coming out of the gate, coming out of the gate from pandemic and depression and sadness and despair, and they are coming out of the gates ready to take the world on. Whatever the world brings, they’re going to crush it. That’s what I want people to feel when they hear this music. And he’s like ‘Yup, I’m on it.’”

Skillet is taking that energy, spirit – and volume -- on the road, playing a variety of festival dates this summer, including Kingdom Bound 2022 at Darien Lake Amphitheatre on July 24.

“We’ll play a couple of new songs, and then, of course, you’ve got to play the songs that you know people are going to be really mad if you don’t play,” Cooper said.

Photo courtesy of Skillet

Third annual Sheriff’s Office Teen Academy in full swing now at GCC

By Alecia Kaus

There are 13 students participating in the third annual week-long Genesee County Sheriff’s Office Teen Academy at Genesee Community College this week. The program was started by Deputy Matthew Butler in 2018 while he was a School Resource Officer at Byron-Bergen High School. Butler retired in 2019, and the academy was cancelled in 2020 and 2021 due to the pandemic.

This is the first year the program has been at Genesee Community College, which organizers chose for its central location in Genesee County.

“Byron-Bergen was a great host, but we received feedback that the location was a long haul for some. GCC is a central location, and it is readily available for kids from every school district in Genesee County,” says Deputy/SRO Rich Schildwaster, who is now Lead Deputy of the Teen Academy.

GCC also offers virtual technology, which is new to the program this year.

“We did not have this option a couple of years ago and its one of the things we have been able to add because GCC has a simulator here as part of their criminal justice program,” Schildwaster said.

Students walk into a virtual reality and have a scenario going on in front of them where they interact with people on the screen.

“The scenario can go in different directions. They may be presented with a deadly force encounter, or they may not. They have to make that judgement. It gives them that perspective. Scenarios range from a traffic stop where you walk up to a car and deal with a person to maybe an active shooter situation where you show up in front of the building and people are running out, and you go in and you have to appropriately handle that or try and make decisions like a law enforcement officer would.”

The VirTra Training simulator at GCC has also been used by local law enforcement agencies over the past few years to help prepare law enforcement officers for real-life incidents and different scenarios.

The goal of the Teen Academy is to attract good candidates to the law enforcement field. The academy is run like an actual police academy. Each day begins with physical training like CrossFit, which Deputy Chad Cummings and Investigator Chad Minuto organize.

Students have attended instructional classes on investigations, penal law, traffic stops, defensive tactics and a Stop the Bleed class where students can recognize life-threatening bleeding and intervene effectively.

On the last day of the academy, students will tour the jail, the courthouse, the Sheriff’s Office, dispatch center, view an ERT demonstration and attend communications and jail staff presentations. Students will take a final PT test, final exam, and attend a review followed by an afternoon graduation ceremony.

Schildwaster says his first year organizing the academy has been a great experience and the local community has stepped up to assist.

“We have a great community here, not all of our instructors are from the Sheriff’s Office. Everyone in the community has jumped on this whole-heartedly and embraced us. Everybody’s dedication makes all this come together because everyone believes in it and is excited to do this. It’s a good program for the kids.”

Top photo: Paramedic Wade Schwab talks with students of the Teen Academy Wednesday morning at GCC. Students participate in the Stop the Bleed class; Investigator Joe Loftus teaches Defensive Tactics class on Wednesday afternoon; Investigator Kevin Forsyth also teaches Defensive Tactics class on Wednesday afternoon; Deputy SRO Jeremy McClellan with students on Wednesday morning; and Deputy Morgan Ewert, left, Paramedic Wade Schwab, center, and Deputy Jordan Alejandro, right, with students on Wednesday. Photos by Alecia Kaus.

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City of Batavia, NY Position: Full-time Building Maintenance Worker. Salary: $20.60 - $24.45/hour. The City of Batavia is accepting applications for one full-time Building Maintenance Worker. The work involves a variety of mechanical and other building maintenance tasks. Applicant must have a minimum of two years of full-time paid experience in general building construction or maintenance work, or an equivalent combination of training and experience indicating ability to perform the duties of the job. Civil Service applications may be obtained at City Hall in the Human Resource Department. Please send completed applications to Teri Dean, Employee Payroll/Insurance Clerk, One Batavia City Centre, Batavia, NY, or via email to tdean@batavianewyork.com by September 20, 2024. Background check, psychological assessment, and physical/drug testing required. Candidate must become a resident of the County of Genesee or any adjacent town to the County of Genesee within 6 months of the date of conclusion of the probationary period for the City of Batavia. EEO
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