Today's Opinion page in the Daily News has what you might call a running theme going. Everyone's favorite subject these days: the mall. Count them: two letters to the editor on the topic, plus the unequivocally titled editorial: End the mall brawl: Council should focus on solution, not insults.

Says the Daily News (quite accurately):

Mr. (Bob) Bialkowski should not vote on mall issues. The City Charter says Council members should not vote on issues where they might benefit "directly or indirectly." If nothing else, there is an appearance of conflict of interest.

Does that take Council off the hook for city obligations to the mall? No way. Every member of Council ought to be trying his or her utmost to resolve this issue without going to court. Neglecting a mall that is connected to the City Centre is foolish. Visitors see the City Centre/mall as one entity .... neglect in one area reflects on the entirety. The concourse ought to look as good as City Hall. All Council members should agree on that, instead of trading insults.

Well said. And all of those imperative ought to's ought not to be overlooked.

As for the two letters...

Much of what is included in the letter by Mitchell Chess can be found in his post to The Batavian yesterday. Not included in that post are Mitchell's comments about City Manager Jason Molino. He writes:

We have ... been continuously misled by the city. We have meetings and nothing ever happens. As a result of our frustrations with Mr. Molino, we requested the city to appoint an independent negotiator.

I would only ask that Mitchell provide us with some specific instances of how the mall was misled by the city, and what is the subject of negotiations.

In the other letter, Daniel Jones has at Bob Bialkowski, something we've heard quite a bit of already, and whether or not more of it is needed, just or desired, we will leave up to you. A suggestion for Daniel: try to steer clear of the discordancy. Calling Bialkowski out for his hyperbole, Daniel throws around more than his fair share, describing Bialkowski in such terms as: "completely ignoring any sense of ethics," "completely tarnished the image of the Genesee County Airport," "dangerous to city residents," "putting the city in serious financial and legal jeopardy," "his tirades," "complete disregard for ethics" (again), "truly embarassing for the city of Batavia."

Robert Kirkup pled guilty to manslaughter in Genesee County Court Monday, according to the Daily News. The 68-year-old California man was brought to New York on an arrest in June when he was charged with the murder of his wife, Janet, in the town of Darien during a camping trip 16 years ago.

Scott DeSmit reports that Kirkup faces between five and 15 years in state prison. He will be sentenced in September. DeSmit was in the courtroom when Kirkup was brought before Judge Robert C. Noonan, and he does a great job of bringing out the details of that public confession.

DeSmit writes that Kirkup "was barely able to stand" in the courtroom when he admitted his guilt.

His wife, he said, had been drinking beer all day and at one point in the evening "came inside the motor home and started yelling and punching me."

"I was unfaithful to Janet back in the '80s and whenever she drank alcohol, she would start fighting with me and bring that up," Kirkup wrote. "Janet came after me, punching me in the face. She broke my glasses."

"I then grabbed Janet by the throat with my right hand. We both struggled a bit and she ended up on the floor ... I held on to Janet by the throat until she stopped struggling with me."

Kirkup told the judge that he then covered up the body and slept on the couch.

"I grabbed Janet under the arms and dragged her out of the motor home ... I dragged her about 100 yards into the woods. I dug a hole about two to three feet deep ... I put Janet in the hole face up then covered her body with dirt and left."

He admitted that he was afraid he would go to jail if he told the truth about what happened and that "no one would believe that I killed her in self defense."

You can pick up a copy of the Daily News at any local newsstand. Or, better yet, subscribe at BataviaNews.com.

Rochester's Democrat & Chronicle dug up some more details about the incarceration over the weekend of a Batavia groom who was barred from contact with the woman he married.

Batavia police reported yesterday that Timothy T. Cole, 45, of 16 Walnut St., Batavia, was charged with a felony count of first-degree criminal contempt Friday night following his wedding.

Cole was sent to Genesee County Jail in lieu of $2,500 bail, and it turned out that this was not the first time he had been picked up for violating a court order of protection.

From the Democrat & Chronicle:

According to Batavia City Court documents, Cole was charged with second-degree criminal contempt on July 1, meaning that he violated a previous court order. The July 1 order of protection required Cole to stay away from the woman he ended up marrying Friday.

The order, which also mandated that he stay away from the woman's home, school, business and place of employment, was effective until July 1, 2011. Cole was required to "refrain from communication or any other contact" with the woman.

It turned out that police were alerted to the contact because of an alleged altercation at Cole's residence. When police arrived on the scene they allegedly found Cole in a fight with a guest "over a chair." The subsequent charge of criminal contempt was levied when Cole's record was checked and police discovered that his new wife had an order of protection.

Cathy Mazzotta, executive director of Alternatives for Battered Women in Rochester, was not familiar with Cole's case but said women who have orders of protection against men sometimes end up having contact with them for various reasons.

"Victims have the same hopes and aspirations we all have," Mazzotta said. "They are hopeful their abusers will change ... and believe their promises. They are looking toward the future in a positive way."

The intersection of Randall and Buckley roads in Stafford was the scene of a devastating car crash Monday afternoon. Three Mercy Flight helicopters were needed to transport the injured. One woman, a mother from Le Roy, remained in guarded condition this morning with a serious head injury.

Two families were involved in the collision that sent one vehicle onto its side and the other into a tree, and emergency personnel attended to seven injured, one seriously. Rachel L. Heywood, 34, of Warsaw, was traveling with her three children, Madison, 4; Andrew, 12; and Haley, 10. Heywood suffered a broken ankle and other minor injuries. Her children, too, reported minor injuries. 45-year-old Deborah S. Hughes, of Le Roy, did not fare so well. She and her two children, James, 12, and Kathryn, 15, were taken by Mercy Flight to Strong Memorial Hospital. James and Kathryn were both reported to being treated for non life-threatening injuries. Deborah Hughes was in serious condition with a head injury. She was still in guarded condition at the hospital this morning.

Genesee County sheriff's deputies report that an SUV traveling on Buckley Road failed to stop for a stop sign and collided broadside with a car on Randall Road. The SUV then skidded off the road and flipped onto its side, while the car continued head on into a nearby tree. Fire departments from Stafford, Byron, Le Roy and Batavia assisted at the scene. State police were also on hand to assist.

Rachel Heywood was ticketed with failure to yield the right of way at a stop sign.

Much has been made of Batavia's mall in recent weeks. So we here at The Batavian thought to turn to a citizen who has never been afraid of expressing his opinion on the subject, Bill Kauffman, author of Dispatches from the Muckdog Gazette. Kauffman has often used this mall in his writings for a national audience as an example of big government gone bad. In particular, we asked Bill Kauffman what he thought of City Council President Charlie Mallow's recent comment that the city should consider demolishing part of the mall.

Here's what he had to say:

The mall ought to have been dispatched long ago to that circle of hell reserved for brutalist architecture. For 30-plus years it has been a monument to misplaced faith in big government and capital-p Progress. Urban renewal was a catastrophe for many American cities, Batavia not least among them. The demolition of old Batavia was a crime against our ancestors, ourselves, and our posterity. Any discussion of human-scale, pedestrian-friendly, small business-centered alternatives to what remains of the mall is welcome. More than that, it's a sign of civic health. Batavia still matters. (And while we're at it, perhaps that imbecilic and pretentious spelling of "Batavia City Centre" can be corrected to "Center." Batavia is neither Canadian nor a suburban strip mall straining for "class.")

What do you think?

It seems lots of people like to speak with no knowledge base.  Mr. Mallow seems to be the prime offender, although obviously he is not alone.

These are the facts that are not disputed:

The sign belonged to the merchants and was taken down and destroyed by the city.  The city has confirmed this in the past and we have that documentation.

The city owns the concourse. 

State laws give tenants specific rights in absence of lease documents to the contrary.

The city has never given us a lease, despite multiple requests for one.

What is in dispute is who is responsible for what.  We keep trying to negotiate these points and the city keeps stalling hoping to never resolve them.  We believe we have certain responsibilities and believe the city, as concourse owner has others.  The city may have another view, but we can't get any meaningful negotiation to even know what that is.

We have been misled and need resolution.  Mr. Mallow has poisoned any possibility of negotiation. That is why the law suit is being filed.

For those of you who rent, would you expect to make structural changes, such as a new roof?  I would guess not.  Would you have been patient enough to wait years.  I think not.  We have gone out of our way to work with the city.  Unfortunately some of the representatives of the city, especially  Mr. Mallow ,just want to stay in the papers without allowing for any resolution.

Mr. Roach also disappoints me.  I assume this relates to some political aspirations.  Prior to this year he was our advocate.  Reputation is something valuable.  One should not sell it cheaply.  Perhaps you can think this out before continuing, or at least speak with us to see both sides.

I am proud to represent Genessee County on the Women for Powers committee. Our women volunteers here in Genesee County have been meeting each Tuesday evening reaching out to other women by telephone about the issues that are important to them and their families here in Genesee County. What is clear about the conversations that we are having is the need for real change in Washington. Women here in Genesee County are concerned about gas prices, education, health care and the environment -- to name a few. A dialog like this is vital and represents a true women to women outreach about issues that matter to us most. We are then able to pass these concerns to Jon Powers and his campaign. What is unique about this is the conversation. 

          POWERS CAMPAIGN ANNOUNCES WOMEN FOR POWERS COMMITTEE    WILLIAMSVILLE, NY – The Powers for Congress Campaign is pleased to announce the formation Women for Powers. As a dedicated group of volunteers, Women for Powers works tirelessly to help elect Jon by calling other women voters, knocking on doors, and introducing Jon and his campaign to their friends and neighbors. "I am supporting Jon because he knows the needs of Western New York and the changes that need to take place," said Molly Ciocca, Chairwoman of Women for Powers. "He's the one that can get us there." "I am thrilled to have the support of everyone involved in Women for Powers," said Powers. "These ladies are community leaders, professionals and tireless advocates for a safer and stronger Western New York. They have been integral to the success of our grassroots campaign. I value their friendship and support."

A local groom spent his honeymoon in jail this weekend. Forty-five-year-old Timothy T. Cole, of 16 Walnut St., Batavia, was charged with a felony count of first-degree criminal contempt Friday night following his wedding, city police said. Police responded to a report of a domestic dispute and allegedly found that Cole had married "the very same person that he was barred from going near." He was sent to Genesee County Jail without bail.

Jamie M. McGiveron, 32, of Akron, was charged with felony driving while intoxicated following a crash in the town of Pembroke Saturday afternoon, Genesee County sheriff's deputies said. McGiveron allegedly drove into a home on Indian Falls Road, then into and out of a cornfield and back out onto the road. He suffered minor injuries but refused medical treatment.

McGiveron was sent to Genesee County Jail in lieu of $2,500 bail. He was also ticketed with failure to keep right, driving left of pavement parkings and moving from the lane unsafely.

Kelly J. Spenton, 35, of Oakfield, was charged with two counts of endangering the welfare of a child, Genesee County sheriff's deputies said. Spenton is accused of interfering with an investigation conducted by the Department of Social Services Child Protection Services during the month of July.

Tom Rivers was in Pike Saturday for the start of the Wyoming County Fair in today's Daily News. For complete fair info, including show times, schedule changes and admission prices, visit the Fair Web site.

Rivers also features an interview with state Senate hopeful Joe Mesi, who said: "Job creation and job stability are the main reasons I'm in this campaign. This is more than statistics to me. It's happening to me."

Pick up a copy of the paper to check out these and other stories. Or, better yet, subscribe at BataviaNews.com.

Get ready for some barbecue. A fundraiser in memory of David J. Pettinella Jr. (1981-2005) will be held August 30 to benefit the Batavia Senior Little League. Come by Williams Park between 11:00am to 3:00pm—or until the food is sold out—for a pulled pork barbecue dinner cooked by Frank Penna. For $9 you get a pulled pork sandwich, salt potatoes and coleslaw. Drinks will be available for purchase.

For tickets, call Kathy at (585) 409-6300, or Leanna at (585) 738-7388.

Above photo available courtesy of the Creative Commons License.

The Genesee County towns of Stafford, Bethany and Alexander will be holding municipal meetings tonight at their respective town halls. The Batavian has received the agendas for these meetings. They can be downloaded by clicking on the links below.

• Stafford Agenda
• Bethany Agenda
• Alexander Agenda

An undercover Batavia police officer posing as a 15-year-old boy has led to the arrest of 44-year-old Dalton E. Wilke, of Conesus, who has been charged with persuading or enticing a minor to engage in sexual activity. Wilke could face between 10 years and life in prison and a fine of up to $250,000. He was detained Friday.

Wilke is alleged to have engaged with the undercover officer in online chats between March and August, during which he made arrangements to meet with the 15-year-old in Batavia to engage in sexual activity. He was apprehended in Batavia while travelling to meet the individual he believed to be the 15-year-old boy.

Craig E. Pokornowski, 18, of Buffalo, was charged with fourth-degree criminal possession of a weapon Friday, Genesee County sheriff's deputies said. Deputies were told that Pokornowski was involved in a domestic incident at a home on Route 20 in the town of Darien that evening and was allegedly later discovered to be in possession of metal knuckles.

Philip S. Hall, 21, of 313 Bank St., Batavia, was charged with driving while intoxicated early Saturday morning, Genesee County sheriff's deputies said. Hall was stopped by deputies on Route 33 in the town of Batavia. He was also ticketed with operating with more than three passengers in the front seat.

Cory W. Swimline, 23, of Pembroke, was charged with driving while inoxicated early Saturday morning, Genesee County sheriff's deputies said.  Swimline was stopped by deputies on Route 5 in the town of Batavia. He was also ticketed with failure to keep right and possession of alcoholic beverage in a motor vehicle.

All of the above arrests were reported in published releases by the departments.

Another YouTube discovery this morning -- a two-part radio interview with Bill Kauffman. The primary theme of the interview is anti-war conservativism.

The interview was broadcast on July 22, 2008 on 1250 AM WTMA talk radio in Charleston, South Carolina.

Just found on YouTube, a video of the July 31 Weiner Dog race at Batavia Downs.

The Democrat & Chronicle profiles LeRoy resident and sculptor Adriana Slutzky.

Slutzky's work has been featured in museums and galleries of the region, but it sounds like the best place to see her work is in her and her husband Jack's wooded backyard along Oatka Creek.

This Dutch-American artist had always relied on her high energy level — a necessity for anyone building large-scale sculptures that weigh several hundred pounds. In the past four years, she and Jack created a four-acre sculpture garden around their home. Open to the public, it features more than 40 of her highly accomplished pieces.

Much of that art celebrates female vitality. After her Jan. 24 stroke, Slutzky feared losing her own resilience. She's often fatigued and her blood pressure rises sharply at times.

"It's not the same for me," she says. "I understand I'm walking on the edge."

Now 65, she brings that heightened sense of urgency to her most recent garden sculpture. Full Moon will feature 28 female figures circling around a pool of blue glass.

"Maybe we'll have a ceremony when it's finished," she says. "We'll invite our friends to have a beer and howl at the moon."

The Slutzkys began the garden as an unorthodox open-air showcase for her work. Their heavily wooded property slopes from Oatka Trail to the trout-filled Oatka Creek — an arcadian setting with sculptures atop flower beds and patios.

"I try to fit in the art so it's a natural extension of the environment," says Jack, 71, a painter and writer.

A Google search turns up this photo by C.G. Hubbell of Diversity sculpture in Maplewood Park.  Rocwiki has an entry on The Seat of Forgetting and Remembering.

When we launched the Free Job postings, a couple of people suggested that we have a place for people to sell stuff.

Today, we're launching Buy, Sell, Trade -- free classified ads.  Any person registered with The Batavian can post ads for free. The ads must be posted by private individuals, not businesses, but can be for any physical goods.

So you guys that requested this -- please post some items to get the ball rolling!

UPDATE: Ooops, forgot to enable permissions for logged in users to be able to post a classified.  Done, now.  You can post by clicking here.

I don't want to get into the whole "mall" thing with public comments, but I need to say that the Batavia Mall was never a big seller here. Most were angry about the demolition of terrific historical buildings. (I remember them).  Yet the "Urban Renewal" thing took over, they took down Batavia's history, and built the most ugly structure this city has ever seen!  I used to fly kites in the parking lot in the early 1980s because it was EMPTY. 

The deal between the people in the mall and the city has never been good, just check the old archives of news. I'm only going on what I remember, my folks discussing it, and my ability to have an open space downtown (parking lot) to fly a kite, where there used to be buildings, cars and people! The so-called Mall has been a failure since day one. God Bless the folks who try (& have tried in the past) to keep it alive. It's a dead horse and has been since they built it. 

Now we're concerned about bird droppings and new signs to bring more people to visit a dead horse? It's like inviting people to a cemetary. There are many great places on Main St. & Ellicott St. for rent that would help to bring the people back, and the rent is less (Remember help from B.I.D, grants, low interst loans, etc).The few survivors of the "Genesee Country Mall" would still see their patrons if they moved to a cheaper, better place.

Maybe raze part of it, and let the kids fly kites, or better yet, let them play football.

We need government that works TOGETHER! 

Muckdog's manager Mark DeJohn gets a favorable write up from the Centre Daily Times, the newspaper that covers the State College Spikes.

What would the 2008 State College Spikes resemble if Curve Baseball LP decided to extend its Player Development Contract with the St. Louis Cardinals after 2006?

The answer to this question rests in Batavia, N.Y.

For starters, they would have the same manager. Mark DeJohn, whose fiery moments left lasting impressions in State College, manages the Cardinals’ New York-Penn League affiliate for a fourth straight year.

...

“I think it’s good to be young so you have some time to develop,” DeJohn said. “I prefer the high school guy over the college guy as long as the tools are the same. It gives us a chance to take them for four, possibly three, years that he would have been in college and kind of teach him our way of playing and how to play the game a little bit better than how they are taught in college.

“There are growing pains with it. We make mistakes like everybody else, but that’s what you are here for, to teach them and you have to learn from experience. I like the fact that they are young because then it tells me that you have a future with some of the guys.”

Speaking of player development, Philadelphia Magazine profiles Chase Utley and his wife Jen.