The Rochester Red Wings have done everything that the team was told was needed to improve attendence at Batavia Muckdogs games, General Manager Dave Wellenzohn tells David Hibbard of the Daily News, and the team is drawing no better this year than last.

Fireworks don't help. A better field doesn't help. More marketing hasn't helped. Even a winning record and exciting pennant race aren't putting more people in more seats.

In May, Wellenzohn predicted that 60,000 people would pay to see the Muckdogs this year. At the current rate, only about 45,000 people will come through the gates.

"They've kept their word. They've invested a lot of money into the franchise," Wellenzohn said. "Rochester's (Red Wings) kept their promise 100 percent, even more. They're spending more money than I thought they would -- an maybe even should. Because they're thinking, 'Well, maybe if we do this, this will trigger more attendance.' It hasn't."

Wellenzohn says the team is likely to stay in Batavia next season, but if attendance doesn't improve, he isn't sure how long the Red Wings will keep investing in the team.

So here's the thing: Batavia is damn fortunate to have a minor league baseball team. In fact, having lived in major league cities, I'm not sure Batavians realize how fortunate they are to have a minor league baseball team.  It's a hell of a lot of fun to watch these developing players in a small venue with your friends and neighbors.

So what will it take to get Batavians to support their home town team?

We've been trying to do our part -- The Batavian is a team sponsor and we carry as much team coverage as we can -- because we believe sports teams serve a civic purpose of promoting community and local pride. 

In an era of high gas prices and higher and higher costs of everything, isn't a $5 general admission ticket quite a bargain for such great entertainment?

So what else can we do, what can we all to do, get more people at the games?

And, FWIW, kudos to Hibbard for a fine article.

In big, bold, stop-the-press-size font the headline at the top of today's front page of the Daily News reads: Mall merchants vote to sue city. Sure, that may be accurate, but that "vote" came about two months ago. Hardly worth the quart of ink used to splash it across today's paper as if it were commandment number eleven... just announced. That being said, reporter Joanne Beck does a fine job in the article of clearing up a few ambiguities about the raging debate over the mall, its sign, its merchants and the city's fed-uppness with all of the above—all the while raising a few more questions in the process.

Beck spoke with Mitchell Chess, Charlie Mallow and Jason Molino in the article. Chess and Mallow have made frequent contributions to The Batavian on the topic this week, and most of what they say to Beck was already reported first-hand by them here. As for the city manager, Beck must have the sweet touch, because I can't get him to return any of my messages—I've left several with him and his office this week.

Here are a few highlights from her conversations:

"The merchants have sued twice before and they won," (said Chess). "We're going to win. We decided to sue after the last meeting. We're trying to take the high ground here. Every time we try to do that, (City Council President Charlie Mallow) comes in with ... broad, general statements without any basis. We've told our attorey it has to be filed before the next council meeting."

Mallow is then quoted later in the article as saying that "he felt the group was going to sue all along," and he no longer plans to shop at the mall. "Anyone who sues the city is suing me personally, and suing my neighbor and my kids," he tells Beck.

As for the controversy over the mall sign, Chess tells Beck that, in fact, the mall did own the original sign, and the city had promised—though never in writing—to replace it. Further, he says, the city already set aside $20,000 in the budget to do just that.

Given that fact, Chess wants to know why the purchase has now become an issue for council's vote.

City Manager Jason Molino said the matter would not have had to go to vote. But a request made by Councilman Bob Bialkowski for a mall update during last month's meeting seemed to resurrect the sign as a question instead of a done deal.

Those who have kept with our coverage of this issue know that we're pretty clear in thinking that Bialkowski should recuse himself from the upcoming vote on that sign, and yesterday's editorial in the Daily News said the same. Nevertheless, I can't understand the logic here. Why does Bialkowski's request for a "mall update" equate to a resurrection of "the sign as a question instead of a done deal"? Maybe the problem is simply in the wording, I don't know.

Beck then tackles the claim made in one of Mallow's letters to the editor that said the mall merchants "want the taxpayers to put hundreds of thousands of dollars into the mall and then for the city to sell it to them for $1." Chess counters that, claiming that the idea didn't originated with the mall merchants, rather it was raised by the city in negotiations.

Molino couldn't confirm or deny that, he said, since the conversation was likely a few years ago.

Who can confirm or deny it? We're trying to find out.

In February, Present Tense Books, hosted a talk by Josh on Patti Pacino centered around old photographs Patti's father either took or collected of old Batavia.

The collection of photos is posted here.

It contains a number of photos related to the destruction of the north side of Main Street to make room for the mall many people, including City Council President Charlie Mallow, call an eyesore.

Here is a video slide show I put together of from those old photos:

I haven't found anybody so far -- long-time resident or not -- who has good things about the mall.  Even Mitchell Chess, president of the Mall Merchant's Association, doesn't come across as a particular fan. With all of the conversation about the mall on The Batavian this week, not a single commenter has come forward to say it should be saved.

In a back-and-forth with Mallow over whether we were hyping his statement that parts of the mall (which, frankly, I too quickly turned into "all of the mall") should be razed, I quipped, "Mr. Mallow, tear down that mall," which was good for some comic relief.

But it can also serve as a rallying cry. 

Not everybody is pleased that there is so much heated discussion over the mall, but sometimes in such discussions a vibrancy can be found for finding new solutions to old problems.

Nobody has a plan yet, and the city and the MMA are spending way too much time on signs, bird poop and whether Bob Bialkowski has a conflict of interest, but the community needs to move beyond these trivial matters and focus on a long-term solution to the eyesore of a mall. 

A good plan will improve downtown, not waste taxpayer money, help the current merchants find new Main Street-facing shops and create jobs.

Mr. Mallow, tear down that mall.

Congressional hopeful Jon Powers released his "education policy" at a discussion at Main Street Coffee Tuesday afternoon. The Democratic contender for the seat in the 26th District said that college is too expensive, loans are too high and national education standards stifle teachers, according to WBTA's Dan Fischer. Powers calls for reform of No Child Left Behind—though no specifics are given—and wants to lower the interest on federal loans for students from 6.8 percent to 3.4 percent by 2011.

In other news... Genesee County has qualified for state disaster aid as a result of the devastating hail storms that wracked the region earlier this summer. Fifteen other upstate counties qualified. Some farmers could receive "permanent disaster payments," says Fischer.

The Genesee County Legislature will meet tonight at 7:00pm in the Old County Courthouse. The Batavian has a request into the clerk to get a copy of the agenda, which we have not yet received. We will post that when it becomes available.

Tune into WBTA 1490 AM for these and other stories throughout the day.

Brian Walton, writing for Scout.com, reports that six Muckdogs have made the NY-Penn League All Star roster. 

They are:

• Arquimedes Nieto
• Adam Reifer,
• Colt Sedbrook
• Jermaine Curtis
• Frederick Parejo
• Shane Peterson.

Click the link above for details on each player's season and photos.

Last year, the Muckdogs had only three all stars. 

The game will be played in Troy on Aug. 19.

A friend introduced me to the term "locavore" a couple of weeks ago. It stuck with me because being a bit of "locavore" was something my wife and I were already mostly doing without knowing there was a word for it or that it was a trend. The furthest thing from our mind was the environmental benefits. We just think locally produced bread, meat, milk and veggies taste better and last longer.

This week, McClatchy/Tribune news service has a story out on locavores. You can read it here.

Last month, Lenae Weichel embarked on an ambitious dietary experiment: to feed her family for a year with food produced within 100 miles of her Rockford, Ill., home.

Inspired by a Vancouver couple who wrote a book on their ‘‘100-mile diet,’’ she joined a community-supported agriculture program, visited her local farmers market and started growing fruits and vegetables in her backyard.

Weichel, 33, is an extreme example of a vibrant movement of ‘‘locavores,’’ or consumers who try to shorten the distance between their food and its origin, largely from a desire to eat fresher produce, support their local farmers and reduce the carbon pollution associated with transporting goods. Only a few set 100 miles as a strict limit; others might just seek produce from the Midwest. But eating locally grown food, an idea once limited to hard-core environmentalists, is gaining traction among mainstream consumers. Already the movement has inspired a slew of books, prompted restaurants to use local food as a selling point and established ‘‘locavore’’ as the Word of the Year for 2007, according to the Oxford American Dictionary.

So, if you're a locavore in Genesee County, where do you go for produce, milk, bread and meat?  The Batavian would like to find out more about these businesses.  What other locally produced goods and crafts do you prefer to buy from local merchants?

Employers -- you can post free Help Wanted ads -- here.

Everybody else, got something to buy, sell or trade -- post your FREE ad here.

If there is anyone in the City of Batavia that is more anti-city council then me I would like to meet them.  I have for many years written to the Daily asking for reforms in the spending patterns of the City.  Mr. Mallow has and will continue to hear from me when I feel that the council is spending to much time or money on an issue that will cost the taxpayers.  Now reading some of your postings have me alittle miffed at the idea that you feel as though 1 dollar of taxpayers money should be used to improve the way you do business.  If you want improvements in the mall then pay for them.  You mention that some of the negotiations going on are sensitve and should not be made public.  BULL...if it is about tax dollars being spent then everyone in the city needs to know.  Jason malino is in a no win situation having as many bosses that he has.  He is tasked by the council to do the negotaitions with the MMA and that is who you have to deal with.  If you don't like it then will you go home to your mommy and cry that you are going to leave the mall.  Dr. Chess just deal with Mr. Malino and if you don't like it then vote out the council members you don't like and start over.  That is the way the  system works..By the way do you live in the City ? 

Genesee County sheriff's deputies report that three people were charged with unlawful possession of marijuana in the town of Pembroke Monday. They are: Michelle M. Eleczko, 20, of Corfu; Jennifer L. Wagner, 19, of Akron; and Cassandra M. Martin, 20, of Akron.

Scott M. Florian, 40, 8317 Slusser Road, Batavia, was charged with driving while intoxicated and another count of aggravated DWI Monday night in the town of Pembroke, Genesee County sheriff's deputies said. Florian was also ticketed with failure to keep right.

Mark C. Johnson, 46, of Oakfield, was charged with seventh-degree criminal possession of a controlled substance Monday, according to the Genesee County Local Drug Enforcement Task Force. A search of Johnson's residence in June found what was later confirmed to be cocaine.

Debrah A. Butler, 40, of Elba, was charged with two counts of felony falsifying business records and two counts of petit larceny, a misdemeanor, Monday following an investigation into a theft at Elba Yellow Goose, Genesee County sheriff's deputies said. Butler was an employee of the Yellow Goose and is accused of stealing three money orders and allegedly trying to conceal the theft by making false entries in the company business records.

All above incidents were reported in published releases from the departments listed.

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.