A mediator could help resolve the long-simmering dispute between the City of Batavia and the Mall Merchant's Association, City Manager Jason Molino said this morning during an on-air interview on WBTA's Main and Center.
The bickering and lawsuits and counter-lawsuits are leading nowhere, Molino suggested. They won't lead to a resolution that satisfies all parties. A mediator would have a better chance and an equitable solution.
“When litigation is filed, it is on a narrow scope of issues and if it ever goes to trial and has a determination, the determination is going to be on that narrow scope of issues, and generally, on anything, there is more to it than just those narrow scope of issues and in this case, there is a lot more to it," Molino said.
The city and the Mall Merchants Association have been locked in a dispute for several years over who is responsible for the maintenance of the roof over the mall concourse.
The merchants claim the city owns the concourse and should repair or replace the roof.
The city maintains the merchants failed to properly maintain the roof.
Molino said he would like to see the case go to a mediator.
“Can there be a mediator? Yes, absolutely," Molino said. "Is that something we’re looking to do? Yes, it is.”
So far, no mediator has been appointed.
The city owns the Mall Concourse. The stores and offices in the mall are individually owned.
So then i guess Malino is
So then i guess Malino is saying that all those lawyer fees the city taxpayers racked up were for nothing and now we need to the mediator route..
His name is spelled M-o-l-i-n
His name is spelled M-o-l-i-n-o.
So i spelled his name wrong
So i spelled his name wrong big deal,,Hope you correct every bodies spelling on here..
"everybody's"...
"everybody's"...
;-)
Sorry - couldn't resist...all in fun.
I did it on purpose Tim to
I did it on purpose Tim to see if Howard would correct it for me..
You do it all the time. It's
You do it all the time. It's looking suspiciously like a personal attack, which you know we don't allow.
Give me a break Howard with
Give me a break Howard with the personal attack BS.....
lol Mark!!!! that's too
lol Mark!!!! that's too funnie!!!! haha!!!!
Yes, there has been a long
Yes, there has been a long simmering dispute and we have been in litigation for years. Many people I have spoken to in the City feel this has been a cash cow for the City’s Law firm.
After year-and-years of litigation Mr. Molino suddenly wants to enter arbitration with the Mall Merchants? Why arbitration now and not years and years ago? That litigation money could have been put to much better uses.
Mr. Molino is obviously not up to the task; we need a change in leadership in the City.
I continue to believe that
I continue to believe that the single biggest thing that the city can do to in order to make Batavia more vibrant is to bring some closure to the debacle that currently exists with the mall concourse. All of the other things we do to revive this city are little more than nibbling around the periphery of this decaying eyesore in the center of the city. There needs to be a vision to repurpose the concourse and then get the city entirely out of the mall business...a place where frankly, it never belonged. The concourse in it's current state is a health and safety hazard which has been ignored by an otherwise zealous city code enforcement officer. I support Mr. Molino's recommendation for mediation. It may be our best hope in the short term. However, the patience of Batavia residents is growing thin with the city and the mall owners. Should mediation fail, it may be time to push the envelope and close the concourse down. The leaky roof, compromised electrical fixtures in the ceiling and claims that mold is growing in the building should all be more urgent concerns for both city code enforcement and the county health department. Perhaps it will take action by these departments to finally resolve the mall concourse issues. One thing is clear, the answer to the mall concourse issue is NOT to put a new roof on the building and reset the clock to 1977. We don't need another bandaid on a building and idea that seems terminally ill.
That "swish" you heard was
That "swish" you heard was your joke going right over my head...
On the lighter side, at least I'm sporting a pretty cool reverse-mohawk now!
I made a FOIL request of the
I made a FOIL request of the City Manager's office earlier this year and received hundreds of pages of documents regarding the mall concourse going back to the original agreement when the mall was built and all of the subsequent litigation. I am not an attorney, but after reviewing those documents, it seems clear to me that the the mall merchants are not merely innocent victims in this matter. The current litigation centers around who is responsible for maintenance of the roof. While the city owns the concourse, the mall owner's operating committee clearly signed an agreement indicating that they would assume responsibility for maintenance and repair to the concourse. Shortly after signing that agreement, the mall operating committee voted to stop charging themselves and other mall owners an assessment that funded their mall repair fund. Instead they used up the existing maintenance fund balance to defer their individual concourse rental fees. Now they appear to want the tax payers to put a new roof on the building. It is all very convoluted. Obviously the mall owners have a different take on their agreement with the city. The great risk in court is that a judge may decide that one side or the other should just put a new roof on this old, tired building. That would be a big mistake. Regardless of who is responsible, just replacing the roof (again) is not a long term solution.
Jim, I couldn't help but
Jim, I couldn't help but notice your reference to the Mall as an "old,tired building".
Hell....this thing is barely middle aged and it's a hell of a lot younger than the great old buildings that it replaced. (Oh to bring those days back again). I do agree that is an abomination that is the laughingstock of all that see it.
It is curious that, as you point out, the otherwise zealous code enforcement dept seems to choose not to enforce those regulations in the Mall. Why would that be?
One thing is clear. There has been a vacuum of leadership from the city - both from the city manager's office and from Council to resolve this issue. And I agree with Richard that the city has spent enough on legal fees on this matter. Someone needs to crap or get off the pot.
Lastly...isn't our Assemblyman the owner of one of the Mall properties? Where does he stand on this issue? Talk about a conspicuous silence!
Dave, first, if Hawley
Dave, first, if Hawley attempted to intercede at all, people would attack him as trying to get something for his own business, or to help out his son, who is on Council. And he is a member of the MOA, so he is part of the litigation.
And that vacuum of leadership starts with the MOA. They have collectedly failed to maintain the roof, the rest rooms or anything else. They cannot even agree on standard operating hours or days.
As for starting foreclosure, go ahead. Probably end up owning the whole complex and the taxpayer is on the hook for the whole thing with no guarantee anyone will step in and build anything there.
Dave,
Dave,
I too miss the old Batavia with its stone and brick buildings of quiet and dignified character. What is done is done though and we have to deal with the Mall for what was then and is now; a failed business model.....plain and simple.
John is correct about our Assemblyman Steve Hawley who is caught between a rock and a hard place.
I can remember going to malls
I can remember going to malls when I was a teenager and they always had much to offer, arcades, record and music stores, movie theaters, sport stores, department stores, food vendors, etc. Always something for everyone. But this mall, was never something to rave about.
Mark I believe the actual
Mark I believe the actual proper spelling in light of the topic should have been Mallino.
John the proper word/spelling
John the proper word/spelling would be collectively, not collectedly. I just thought I'd point that out before Howard gets after ya... [I couldn't resist].
As for your point on foreclosure ending up with the city owning the whole mess, perhaps then they could offer it to a new private sector owner to buy the entire property and only pay tax on the decrepit valuation it should be assessed for in it's present state, and not have to pay tax on any increase in valuation due to repairs and modernization, etc. Ya know sort of like what's being put forth for the abandoned homes problem in the city.
condem the back half of the
condem the back half of the building and build a new police station and fire house
"Condemn"
"Condemn"