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Sponsored Post: A little imagination needed for this beauty

By Lisa Ace


Imagination needed for this parcel. This awesome 9.36 acre spot is perfect to build your dream home or play around! This land is close to everything, located in the Batavia School System, it gives you all the conveniences of shopping, quick access to the Thruway and entertainment but you'll have all the peacefulness of country living! This land has a little bit for everyone's taste, flat and field and partially wooded for privacy and great scenic hilltop for looking out at it all! Go for a walk and check it out! Call Lynn Bezon today to check it out or visit us online to view all of our lcoal listings!

Law and Order: Bethany man accused of spitting on, kicking a police officer

By Howard B. Owens

Sath Paul Dhanda, 37, of Clapsaddle Road, Bethany, is charged with two counts of obstructing governmental administration, criminal contempt, 2nd, and two counts of harassment, 2nd. Dhanda allegedly violated an order of protection. He is accused of spitting on and kicking the arresting officer, Officer Pete Flanagan. He was jailed on $5,000 bail or $10,000 cash.

Quentin L. Gibson, 32, of Glendale Drive, Lockport, is charged with DWI, aggravated unlicensed operation, no headlights, and obstructed view. Gibson was stopped at 11:47 p.m., April 7, on West Main Street, Batavia, by Officer Eric Foels.

Tyler D. Price, 24, no permanent address, was arrested for alleged failure to appear on a ticket.

Emily J. Walker, 24, of Sherman Stedman Road, Sherman Town, was arrested on a warrant. Walker allegedly violated terms of Drug Court. She was jailed on $100,000 bail.

Blake Riley Pahuta, 19, of Alleghany Road, Corfu, is charged with unlawful possession of marijuana and improper right turn at an intersection. Pahuta was stopped at 12:28 a.m., Thursday, on South Main Street, Batavia, by Officer Jason Ivison.

Terry Lee Lamere, 52, of Buffalo Road, Bergen, was arrested on a warrant for alleged failure to appear. 

Donald C. Hale, 58, of Townline Road, Byron, criminal contempt, 2nd, turned himself in to police in connection with an investigation into his alleged attempt to contact a protected person.

Brandon J. March, 32, of South Main Street, Batavia, is charged with unlawful possession of marijuana. March was allegedly found in possession of marijuana at 7:46 a.m., March 31, at a location on Cone Street, Batavia, by Officer Frank Klimjack.

Joseph M. Marranco Jr., 46, of Pringle Avenue, Batavia, is charged with petit larceny. Marranco allegedly stole prescription pills from another person. He was jailed on $5,000 bail, $10,000 bond.

A 17-year-old resident of Holland Avenue was arrested on a warrant and jailed on $2,500 bail.

Aaron M. Talbot, 35, of Pearl Street, Batavia, is charged with menacing, 2nd, harassment, 2nd, and criminal possession of a weapon, 4th. Talbot was allegedly involved in a fight at 5:50 a.m., April 4, in which he struck another person and displayed a knife.

Next Start-Up Genesee event scheduled for Thursday at GCC

By Howard B. Owens

Press release:

The next START-UP Genesee Think and Drink event will take place at Genesee Community College (GCC) featuring small business resources and access to capital specialists. The FREE event is the fourth of series of networking opportunities for entrepreneurs and small business professionals. The event hosted by GCC will take place in Room T119 from 5 to 7 p.m. on Thursday, April 20.

The program will include remarks by the following:

  • Barb Shine, a leadership development trainer and serial entrepreneur. Shine will offer highlights of GCC’s upcoming Small Business Ownership Series, a program recommended for all entrepreneurs as well as current managers of small business.
  • Peter M. Casey, Esq., who is a START-UP Genesee sponsor and partner at DelPlato Casey Law LLP and Batavia Development Corporation Board officer, will address legal considerations when starting a business.
  • Leanna DiRisio, The Hidden Door owner, and Sam Campanella, certified business adviser for the Small Business Development Center, will share their stories about starting and growing a business.

“The course was intentionally designed for the busy self-starter who might be wondering where to begin or for the early stage operator needing a little more guidance,” Shine said. “Our goal is to shape an action plan for your business initiative.”

“It’s vital to consider the business structure as you enter a venture and equally critical to protect your assets,” said Casey.

Representatives from local banking institutions will be on hand and other creative lending sources will be on display.

START-UP Genesee is intended to assist all types of businesses from early stage planning to site selection, access to capital and product development or diversification.

The Think and Drink series is sponsored by:

  • Canandaigua National Bank
  • Tompkins Bank of Castile Insurance Agencies
  • Feed Maxick CPAs
  • Merrill Lynch of Batavia
  • University at Buffalo New York State Center of Excellence in Bioinformatics, Life Sciences and Material Informatic
  • Del Plato Casey LLP

Mercy EMS planning to build new, larger facility north of the Thruway off Route 98

By Howard B. Owens

Mercy EMS is finding its current ambulance staging area at St. Jerome's on Bank Street a little cramped and not conducive to keeping ambulances ready to roll in all kinds of weather, so it's planning a new 11,500 square foot facility off Route 98, just north of the Thruway, in the Town of Batavia.

The new facility will cost about $2 million and the site plan was reviewed and recommended for approval last night by the County Planning Board.

"There’s no space," said Mercy EMS General Manager Bill Schutt of the current location. "We’re in essentially four old hospital rooms there. There’s very limited parking space, obviously, if you’ve been there. In winter times, it’s especially difficult. Ambulances have fluids in them, medications that need to be kept warm, so you’re trying to run heaters inside them to warm them while parked outside. We don’t have any space there to hold meetings, do training, any additional private spaces, very limited crew space."

The new facility will have eight interior parking bays and additional spaces with electrical hook-ups for ambulances to park outside in emergency overflow situations.

The location, 2.2 acres being split out from an 8.6 parcel, is part of the Gateway II project on Call Parkway, just off of Oak Orchard Road.

Schutt said the new location will have no effect on response times.

There will also be expanded crew space, a meeting and training room.

The new location will also include a purchasing department that will house regional purchasing for Mercy Flight.

Also on Thursday's agenda:

  • The board recommended approval of two new commercial buildings on a parcel just north of Home Depot, abutting the Thruway, at 4181 Veterans Memorial Drive. The buildings will be a 12,600 square foot facility that will house medical offices and a 7,500 square foot building that will contain three spaces. Two will be restaurant spaces. The $1.2 million project is being undertaken by Holland Trotta out of Rochester.  A spokesman for the developer told planners that the large space was originally intended for a well-known local restaurant, but those plans changed. The signage on the architectural drawings in the planning board packet for the smaller building show an urgent care business and a Mexican chain restaurant, Qdoba Mexican Eats.
  • The board recommended approval of a conditional use permit for 17.4-acre, 2-megawatt solar farm at 2901 Pearl Street Road, Batavia. 
  • The board recommended approval of a nine-month moratorium on the planning and construction of solar farms in Stafford, giving officials time to review policies and zoning plans for such facilities.
  • The board recommended approval of a site plan review for a new 29,456 square foot paddock at Batavia Downs to be constructed on the east side of the race track. The previous paddock was removed to make room for construction of the new hotel. Currently, stables, are being used for paddock space. Paddocks are where horses and drivers are prepared for each race and return to after the race for washing and testing (winning horses are tested for banned substances, as required by the gaming commission). 

Local Marine part of security detail for Secretary of State while in Brussels

By Howard B. Owens

Sgt. Terrence Irvin, from Batavia, second from left, is a Marine Security Guard currently deployed to Brussels, where he served recently as part of the security contingent for Secretary of State Rex Tillerson, middle of the picture. Irvin is currently serving as a guard attached to the State Department. Following his discharge in 2019, he hopes to become a NYS State Trooper.

Two minor injuries in accident at Main and Jefferson

By Howard B. Owens

Two people suffered minor injuries in an accident just before 7 p.m. at Main Street and Jefferson Avenue, Batavia.

City fire, Batavia PD and Mercy EMS responded.

No further information available at this time.

Consignment shop moves from Attica to Batavia

By Howard B. Owens

After opening a year ago in Attica, Amanda Dixon decided her consignment shop, Second Hand Heaven, might get more business in the bigger city of Batavia, so she's opened her doors at 315 Ellicott St.

The shop offers a wide range of used items for sale, from furniture and household goods to clothing and toys, as well as art, books and DVDs.

Owning her own business, Dixon said, allows her to keep her 2-year-old child with her during the day, which she couldn't do working for an employer.

Plus retail is a people business.

"The people I've met are amazing," Dixon said. "It's really nice. I like it."

O'Lacy's Irish Pub will celebrate 20th anniversary on Saturday

By Billie Owens

Press release:

On Saturday (April 15), O'Lacy's Irish Pub will celebrate 20 years of business in Downtown Batavia.

The all-day celebration will feature specials and giveaways. Live Celtic music will kick off at 8 p.m. by the Rochester group called "Himself."

The public is invited to come celebrate at the pub and enjoy anniversary cake, which will be served at about 8:30 p.m.

The celebration and band will continue until 11 p.m.

O'Lacy's is located at 5 School St. in the City of Batavia.

This history was provided by proprietor Kent R. Ewell:

In 1996, a small, single-story woodframe building (which was the former Darien Knitting Mill), was purchased and torn down. Soon a new building arose shaped and resembling a small Irish cottage and on April 15, 1997 O’Lacy’s Irish Pub opened for business!

Owners at that time, Kent and Nancy Ewell, decided to keep O’Lacy’s as authentic as possible. The menu (which had not changed much) featured American and Irish items as well as some very popular specialty sandwiches. The bar started with 12 draft beers but soon expanded to 16, which currently exist now. The beer is all “pushed” with nitrogen and their lines are only 14-feet long, which makes for a smoother cold one! Guinness is their featured beer. In 2010 O’Lacy’s won the Guinness “Best Pour” in NY State. Quite a feat for small-town Batavia! 

O’Lacy’s also created, organized and ran nine St. Patrick’s Day Parades -- the first and only St. Patrick’s Day parades in Batavia’s history. Along with the parades they have run several charity events through the years; donating to many organizations such as the Richmond Memorial Library, Crossroads House, Toys for Christmas, UMMC, Volunteer for Animals, and many others too numerous to mention.

Present owner Kent Ewell has held his own in the Market Place and has no plans for any extreme changes. He is proud of his staff, thankful for the friendly, quality patrons who enjoy stepping into a bit of “The Old Sod”!

Photo: By Howard Owens

Photo: Ribbon cutting for Batavia Bootery

By Howard B. Owens

Batavia Bootery, located inside Charles Men's Shop in Downtown Batavia, held its official grand opening last night. Cutting the ribbon, with Dave Howe and Don Brown, is Pete Zeliff, owner of local shoe manufacturing company P.W. Minor. 

For more on the store opening, click here.

Batavia Lions Club seeks big losers for its 2017 Weight Loss Challenge

By Billie Owens

Wanna be a big loser? The Batavia Lions Club wants YOU to take its 2017 Weight Loss Challenge, either by yourself or as a two-person team. Weigh-in day is Saturday, April 15 (all day) at Next Level Fitness Center, located at 85 Main St. in Downtown Batavia.

This is the second annual 75-day challenge (through July 1) for adults only (minimum age 18) with cash prizes awarded for the most weight lost: First Prize -- $1,000; Second Prize -- $500; and Third Prize -- $250.

Also, the largest fund-raising individual or two-person team gets an additional prize (a $1,000 value) -- An overnight stay and dinner package with spending money for two people at Salvatore's Grand Hotel and Russell's Steaks Chops & More in Buffalo.

Your hard work will help the community, according to organizers. Here's how:

  • Each registrant must secure weight-loss sponsorship fees from friends, family or the workplace -- totaling a minimum of $2.50 per pound of weight loss;
  • This sponsor list must be completed and submitted with your registration form;
  • All dollars raised through your weight-loss efforts will go to the Batavia Lions Club to be used throughout the community on programs supported  by the Batavia Lions Club.

The registration fee is $40 per person (checks payable to Batavia Lions Club) and must be paid at weigh-in. To register and/or to get further details, call 455-7514, email ascaliajr@rochester.rr.com, or visit online here.

In addition to a T-shirt, participants get weekly support for their weight-loss efforts and can avail themselves to meal plans, fitness programs, planned group events, health and wellness programs, sponsor specials and more.

Starting today, Downtown Batavia once again has a shoe store

By Howard B. Owens

When you step into the new Batavia Bootery, the experience will be top rate and you will find only quality shoes in stock, say proprietors David Howe and Don Brown.

The new shoe store at 210 E. Main St. is a joint venture between Charles Men's Shop (the establishment of Howe and Brown) and local shoe factory P.W. Minor.

The store's grand opening is this evening from 6:30 to 8.

"Quite frankly, P.W. Minor was looking to have a strong presence in their own community," Howe said. "I think Mr. Zeliff (Pete Zeliff, owner of P.W. Minor) has really made a strong commitment to the community and he wanted to make a commitment to Downtown. As proprietors of Charles Men's Shop, Don and I like anything that is going to help Downtown businesses."

Howe expects the new shoe store to draw on and expand the customer base of the 70-year-old clothing store, which Howe said has a strong local following, but also draws customers from Buffalo and Rochester.

But with limited space, Charles Men's Shop wasn't able to sell shoes to its customers.

"I think a good shoe store has been sorely lacking in Downtown," Howe said. "When Pete approaches us, I said I can't tell you the number of times people have come in to buy a new suit, whether they have a new job, are going to a job interview, a funeral or a wedding, and when we've finished packing the new jacket, shirt and tie, they say, 'I need a pair of shoes.' " 

Now those customers will be taken to Batavia Bootery, Howe said. There, both men and women will find a complete line of high quality, long-lasting, comfortable shoes sold by a knowledgeable, friendly staff. While featuring shoes from P.W. Minor, other companies shoes will also be available, to offer a price range from moderate to higher end, but all shoes from other lines are selected for their quality, comfort and foot health benefits.

"Our customer service is second to none," Brown said. "We're professionals. We got to all the big shows. You're not getting that kind of service in a mall or a big box store. The knowledge, you can't get that from a bunch of stars left by Millennials online."

Batavia Bootery will be the flagship store for p.w. minor, carrying every shoe the 150-year-old local manufacturer carries, including the new Abrams Boots line and the Batavia Boot and Shoe collection, both high-quality brands for the stylish dresser.

The store will also carry the same quality, orthopedic shoes that has made P.W. Minor famous, but in styles that have been upgraded to more attractive and fashionable designs since Zeliff took over the company and saved it from near closure.

Since Zeliff has taken over, he's moved production back to the United States from China and continues to hire more workers and ramp up production as the sales staff finds new customers across the country.

The craftsmanship of P.W. Minor shoes is really impressive, Howe said. They are made to last a lifetime.

"This is a wonderful example going forward of what can be done in America by American workers," Howe said. "I think that’s really cool. Although we’re just a tiny part of what P.W. Minor is doing. We’re really proud to be associated with them and what they’re doing to bring back American workers and American products."

Photo: Utility pole replacement on Center Street

By Howard B. Owens

A large crew from National Grid is on Center Street today replacing a utility pole that has been leaning significantly since the windstorm last month. During the storm, power was out in the area and authorities closed Center Street and School Street.

River Street will be closed one day next week for construction

By Howard B. Owens

Press release:

The north end of River Street in the City of Batavia, Genesee County, will be temporarily closed between the West Main Street intersection and the Five Star Bank northerly driveway for one day to repair pavement from the winter utility work.

Work is planned to begin in the morning and complete by the end of the day. The work will be done either Tuesday 4/18 or Wednesday 4/19 or Thursday 4/20 depending on weather conditions.

A traffic detour will be posted on West Main Street, South Main Street, and Route 98. Access to Five Star Bank and the immediate residents within the work zone will be provided over the Tonawanda Creek bridge and other Five Star driveways.

Please call the contractor at (315) 521-1212 or 9-1-1 for an immediate emergency. For all other information, you may call (585)451-6538 during normal business hours.

Zambito tells 61-year-old, admitted drug dealer, she's one misstep away from prison

By Howard B. Owens
       Dawn Piasta

Because she's an older woman in frail health, 61-year-old Dawn Piasta isn't going to jail, Judge Charles Zambito told the admitted drug dealer before sentencing her today to five years probation.

One tiny slip-up while on probation, Zambito told Piasta, and she's going to state prison.

"I want to impress on you that there is going to be no leeway for you," Zambito said.

Piasta said she understood, but she's already violated the terms, by her own admission, of her pre-sentencing release from jail once.  She told a probation officer preparing her pre-sentence report that she smoked marijuana in mid-March.

Normally, Zambito said, that alone, as a violation of her plea bargain, would at a minimum have meant a jail term. But since the Genesee County Jail isn't set up to house female inmates and it would be hard to place her in a neighboring county jail given her health conditions and age, his options were limited.

Piasta has admitted to criminal possession of a controlled substance, in the fifth degree, and criminal possession of a controlled substance, in the seventh degree.

She was arrested in November, accused of selling crack cocaine to an agent of the Local Drug Task Force.

Her defense attorney, Michael Locicero, lobbied for a probation-only sentence because of Piasta's age, health and the circumstances of the charges, which he attributed, at least in part, to intimidation by other people.

"She realizes the gravity and nature of what she got herself into and she's not asking to be absolved of her responsibility," Locicero said. "I ask the court to take these factors into consideration and give her a probation-only sentence."

That wasn't Zambito's plan, he said, before conferring with jail officials on the limitations of housing her for a few months. Given the issues in the community with drug abuse, he said, he thought some jail time would be more appropriate.

"I agree with the D.A.," Zambito said. "You violated the terms of your plea offer and the sentence for your felony conviction could be two-and-a-half years in state prison. I'm not going to do that. My inclination was shock probation (a term in jail followed by probation) even before the violation. I understand the possibility of intimidation, but you are the one who chose to open your home to drug users and drug dealers and start using drugs yourself."

Attorneys wrangle over legal rights of Sean Vickers while further potential prosecution is pending

By Howard B. Owens

Whether Sean Vickers, the convicted child molester, will get a new trial on charges related to several allegations he already faced in Genesee County, is still up in the air while the District Attorney's Office seeks to appeal a court ruling that threw out Vickers' conviction on some of the counts he faced locally.

Vickers is serving 20 years in state prison on his sex crime convictions in Niagara County, but some of the felony counts he was convicted on in Genesee County were dismissed after an appeals court ruled that his rights were violated because the prosecution amended the original grand jury indictments and tried him on counts other than those listed in the original indictments.

An attorney for Vickers, Benjamin Nelson, appeared in County Court this morning arguing that access to papers in the possession of the DA or local law enforcement should be preserved and discoverable by his client, should the case proceed. Nelson is also supportive of the prospect of all records related to Vickers' trial and conviction being sealed because the conviction was overturned.

Assistant District Attorney Shirley Gorman argued that because one local conviction was upheld, and the appeals court ruled that the DA's Office can seek a new indictment, and since the DA's office is seeking a chance to reargue its case before the Court of Appeals, therefore Vickers' case records should not be sealed.

She also argued that Vickers, because of the case he's already been through, already knows of, and has access to, all of the prosecution and law enforcement documents he could possibly get.

Nelson said he was merely seeking the court's acknowledgment that counsel representing Vickers in the future has a right to request documents that he may not presently have seen or know about. He has no current request for specific documents, he told Judge Charles Zambito.

Nelson also raised the possibility that Vickers could seek to bar the people from further prosecution on charges related to the prior indictment because of his rights to a speedy trial and his Constitutional protection against double jeopardy. 

But Gorman said the speedy trial issue wouldn't apply because any delay is the result of Vickers' appeal and not anything the prosecution did, and that by granting the people's right to re-prosecute and dismissing the prior counts without prejudice, there is no issue of double jeopardy.

Zambito said he will review the case and arguments and provide a ruling at a later date.

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Batavia woman accused of burglary, menacing with a knife

By Howard B. Owens
 Ann Marie Capuano

A Batavia woman is accused of threatening employees of a business on State Street Road with a knife after they found her in the building allegedly burglarizing the establishment.

Arrested was Ann Marie Capuano, 32, of Montclair Avenue, Batavia. 

She is charged with burglary, 3rd, menacing, 3rd, criminal trespass, 3rd, possession of burglary tools and criminal mischief, 4th.

The break-in was reported at 8 a.m., Saturday.  

When deputies responded, Capuano was located leaving the area on a bicycle on State Street Road. She was stopped for questioning.

Capuano was identified as the suspect.

According to the Sheriff's Office, she threatened staff of the business with a knife when they located her in the business and requested she remain at the business until the arrival of law enforcement.

She was jailed on $5,000 bail.

The incident was investigated by Investigator James Diehl, Deputy Chris Erion, Deputy Chad Cummings, Deputy Jenna Ferrando, with assistance from Batavia PD.

K-9 Destro helped locate evidence at the scene.

City announces end of limb and branch pickup from March 8 storm

By Howard B. Owens

Press release:

The City has completed its curbside collection of limbs and branches from the March 8 windstorm. Any resident with limbs and branches are encouraged to bring them to the Yard Waste Station on Law Street, Monday thru Saturday, noon to 6 p.m.

Molino says attorney for mall merchants trying to change terms of settlement agreement

By Howard B. Owens

In a letter to his clients, an attorney for the Mall Merchants Association is trying to change the terms of an already finalized settlement agreement with the City in the long-standing legal fight over the past, present and future of the City Centre mall, said City Manager Jason Molino.

In a letter dated April 6 and provided to local media late Friday, Attorney Hugh C. Carlin said the settlement with the city was only tentative and that there were two significant issues still to be addressed.

He accused Molino of discussing the settlement with the media in violation of an agreement, but word of the settlement came not directly from Molino but was a matter of public record because it was on the City Council agenda the first week of February.

"The City has proceeded with every aspect of this matter in accordance with the settlement terms that were agreed upon by the City and merchants representatives in December," Molino said.

Molino had not seen a copy of the letter before it was provided to local media outlets.

The terms of the settlement were agreed to through an 18-month-long mediation process in which both sides ran up significant legal bills, Molino said.

"In that time frame, the merchants have changed attorneys several times, however after extensive discussions, both parties agreed to settlement terms which were outlined publicly in the city’s February presentation," Molino said.

In his letter, Carlin said there are two main factors of disagreement remaining between the city and the mall merchants. 

First, there is an issue related to easements for pedestrian and vehicle traffic for each property owner in the mall. The attorney also accused the city of using heavy-handed tactics to force a settlement by "hoarding" nine foreclosed properties and refusing to pay maintenance fees.

"During the negotiations between your representatives and the City, the issue of individual owners' rights to access their properties was not discussed," Carlin wrote. "In fact, the only restrictions on City property that were addressed related to the present contractual obligations of the City to maintain specific numbers of parking spots.

"The City now insists that, as part of any settlement, the easements be terminated," Carlin added. "The termination of the easements raises significant issues concerning your title. If the easements were terminated, your ability to refinance or transfer your parcel in the future would likely be jeopardized."

This misrepresents that facts, Molino said.

"It’s important to note that the first term agreed upon was the termination of all prior agreements, making them null and void," Molino said. "By the nature of terminating these agreements, all covenants, easements, and restrictions placed on real property associated with those agreements would be terminated as well.

"This included the concourse and city parking lots. For the merchants' attorneys to claim this issue was never discussed is simply not true as a third-party mediator, merchants' representatives and merchants' attorneys themselves all reviewed and approved the terms prior to an agreement being reached."

Carlin now says he won't support an agreement that changes the terms of easements. 

"The City's inexplicable and irrational proposal comes at a cost to the Merchant Association," Carlin wrote. "The City will give the inferior and unacceptable easement only in 'exchange' for a cost-sharing arrangement for roof repairs should the sum of those repairs exceed $650,000. As you may recall, one of the primary reasons for the merchants negotiating team reaching an agreement with regard to the settlement framework was the City's assumption of all costs relating to the roof replacement without any cap on costs."

As for the foreclosed properties, Molino said Carlin was also informed on state law regarding how the city is obligated to handle those properties.

"The merchants' attorney has been repeatedly advised that upon foreclosure of real property taxes under the Real Property Tax Law all prior rights, interests and restrictions of record are terminated in the parcel," Molino said. "Hence, under the RPTL the City has no legal obligation to pay the past or future maintenance fees on foreclosed parcels under the historic mall agreements.

"To suggest otherwise evidences a serious lack of understanding of municipal law practice and procedure. However, if the settlement agreement is executed and the concourse user fee law adopted, the City would pay future user fees on foreclosed parcels."

Molino said it is normally against city policy to discuss ongoing litigation in public, but given the nature of the misstatements by Carlin to his clients, he wanted to clarify matters.

"Unfortunately, it appears from this letter that the merchants' attorney is attempting to reverse, back down or change the agreed upon settlement terms between the City and Merchants Association," Molino said. "While this is concerning on many levels, most concerning is the merchants' attorney is preventing the City and Merchant Association settlement terms from being executed, stopping the City from moving forward with the needed capital improvements to the concourse.

"Furthermore, after having expended close to $90,000 in legal fees over the last year (over $200,000 since 2009) without a signed settlement agreement, the letter from merchants' attorney appears to be an unfortunate attempt to deflect attention and blame. Sadly, the significant expenditures forced by the merchants' attorney suit and handling have drained substantial funds from the group's budget, and away from repairs and improvements of the mall."

Despite the disagreements, both Molino and Carlin said they are hopeful the 2008 lawsuit filed by the merchants can be settled.

"We are obviously disheartened by the turn of events in this case, but will persist in efforts to remain hopeful that cooler heads will reach a settlement consistent with the terms negotiated and agreed to in December and presented to you in February," Carlin wrote. 

Molino: "Regardless of this setback, the City remains hopeful that despite the merchants' attorney's obstructions to the settlement process, the original terms negotiated in good faith between the City and Merchants Association will be executed in the near future, and the mall can be improved, adding value to the merchants' properties and open to the door to future revitalization in the City’s Downtown."

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