city council

Yesterday, we reported an initiative on the part of the Batavia City School District to pursue a jointly funded "needs assessment" that would look at whether or not the school, the city and the town should consider upgrading and expanding its recreational lands and playing fields. That study would cost $11,000. The school district would pay $5,500, and the town and the city would pay $2,750 each.

School Superintendent Margaret Puzio sent a letter to City Manager Jason Molino in the beginning of September asking him to bring the matter before Council. That matter will go before Council at its meeting tonight. A similar letter was sent to the town, which agreed to pitch in the funds for the study almost immediately.

"We heard from the town right away," said Puzio. "They are on board. They're interested. Just waiting on the city."

Where did this all come from? It turns out that the genesis of the idea came in August when Molino sat down with Puzio and a pair of representatives of Batavia's youth football program to discuss short-term and long-term options to find a home for the program that had then been asked to leave Dwyer Stadium.

Says Puzio:

"The opening conversations happened around the whole youth football issue and trying to find a home for them. The district coincidentally owns some property which we were considering whether to develop as playing fields and a recreation area. But we didn't want to do that without knowing everything that was already available. We wanted to get together with city and town and fund a needs assessment and have somebody take inventory of all the recreation areas in the city and town and see if what we currently have is adequate. Do we need more, or do we already have enough?"

Puzio also mentioned in the letter that she was hoping the city could act quickly in its decision—again, this was over a month ago—as a grant opportunity that could help fund such a recreation expansion will expire in December. She could not tell me just how much money was available, but she could say that the Local Government Efficiency Grant was "money that the state has set aside to support municipalities that work together not to duplicate services." In other words, these are funds used to support municipalities that work together to establish shared services.

There would be no more related costs for the "needs assessment," said Puzio, but if the study found that there was a need to, say, construct a new atheltic field at the school district's North Street property, more funds could be forthcoming from all parties involved.

Thanks to Margaret Puzio for getting back to us so quickly and answering all of our questions.

On September 4, Batavia City School Superintendent Margaret Puzio wrote a letter to City Manager Jason Molino. It begins:

Some weeks ago, you and I were part of a larger discussion regarding expanding usable playing fields and recreation areas for Batavia residents. At that time we talked about a long term plan that might include the development of our North Street property into an official recreation area. This would be a great benefit to the school district, the city, and the town. An added advantage would be to secure funds for this development through grant funding.

Included with the letter is a proposal for a "needs assessment"—a study to see if there is a real need for a recreation expansion—that would total $11,000. The school district offers to put up $5,500 to be matched by the city and town, which would pitch in $2,750 each. It seems implied that the recreation areas would be for use by everyone, not merely school students.

This letter is included in the City Council agenda for the meeting Tuesday. There is no indication that Council has already addressed this topic, and, in fact, earlier today, City Council President Charlie Mallow said he had asked Molino to add the item to the agenda so that Council can discuss it. They have not yet had that opportunity, he said.

In the letter, Puzio writes that "we will need to act quickly" in order to qualify for the grant funding that is available. "Please let me know," she writes, "the earliest date that you would be able to consult City Council to determine their willingness to proceed with a collaborative effort for our recreation needs."

Unfortunately, the schools and city offices are closed today. We left messages with Puzio, Molino and Town Supervisor Greg Post to find out more about that meeting in August and whether or not the city and town will consider pitching in. We would also like to find out more specifics about the expansion, should the city and town get on board.

The complete letter and proposal can be downloaded as part of the meeting agenda here.

Not much news to report from WBTA this morning. Batavia's City Council will not meet tonight, since it is Columbus Day. They plan to convene instead Tuesday at 7:00pm at City Hall. This will be, I believe, the city's first business-only meeting. A conference meeting will be scheduled for later in the month. Only one resolution is on the agenda for Tuesday: acceptance of a $150,000 grant to replace city sidewalks.

From the sound of the article in today's Daily News about last night's meeting of the Charter Review Commission, that group doesn't know a whole lot about its government. Here we have a group of city residents come together to review the document that forms the backbone of city goverment, and Joanne Beck writes that "no one" even knows the responsibilities of the city clerk/treasurer. One member, John Deleo, wanted to scrap the position of assistant city manager before he even knew what it entailed. That same member admits flat out: "We're shifting a lot of responsibilties with the stroke of a pen without understanding what everyone does."

Wait a second... What!? Why would anyone who doesn't know what government staffers do be charged with the responsibility of deciding whether or not they should contintue to do it?

At the very least, shouldn't members of such a commission be trained and educated before they begin their deliberations rather than trying to get them up to speed during the proceedings? John Roach heads up the commission, and I know he's a frequent contributor to the site, so I'm hoping he'll come on here and clarify a few of these points for us.

Another question for John: Beck writes that Councilmen Sam Barone and Bob Bialkowski have asked the commission to "consider how much responsibility council has over department heads ... and giving council the power versus city manager." Have those issues come up yet? What does the commission think?

While we're at it: What about going back to a strong mayoral form of city government?

County Manager Jay Gsell told the Daily News that "it will be an "extremely difficult" task to keep the tax rate at or below" its current level. That's a fine assertion, but it makes for a whole lot of confusion sandwiched by statements to the contrary. Gsell also says: "I wouldn't bring anything to" the legislators that would exceed the current tax rate. For their part, the legislators say that they hope to "decrease taxes."

So which is it?

Reporter Paul Mrozek writes in the article summary line: "Gsell's goal: Cut the tax rate." That's a fine goal, but if Gsell himself doesn't believe it's possible, what's the point of calling it a goal?

A meeting of the town of Batavia Planning Board scheduled for tonight has been cancelled. The board had only one item on its agenda—the "draft generic environmental impact statement" for the agri-business park—and it was not ready. It should be ready for review for the next meeting on October 21.

Another decision was postponed, this time in Albion. There, the Town Board put off voting on its local wind law Monday in order to make the revisions—"very minor word changes"—recommended by the Orleans County Planning Board. The proposed law will limit "wind energy conversion systems" to not exceed 120 feet. They will take up the vote at the next session on October 20.

We encourage you to pick up a copy of the Daily News at your local newsstand. Or, better yet, subscribe at BataviaNews.com.

Earlier, in our discussion of what the city should and should not do to help deal with the potential blight of absentee landlordism and other problem properties, city resident John Roach told us to take a look at what he called the "Slum Lord" control law. Roach said that this law was proposed in 2005, then tabled, never to return again. We asked the city for this law, and the office of the clerk responded quickly and courteously, sending us a copy of the proposed law with the note that the law had "failed" at a meeting of the City Council on December 12, 2005.

We have telephone City Councilman Frank Ferrando twice, yesterday and today, left two messages and sent him an e-mail to inquire more about this law, and get his thoughts on how the city ought to handle the problem. Ferrando was president of Council when that law "failed" in 2005.

We thought some further conversation on the issue might benefit if we took a look at some excerpts from that "failed" proposal. Before we do so, let me sum up what I found in the law: This law does not seem aimed at controlling properties in decline due to absentee landlordism, otherwise known as slum lord properties, as has been suggested by John Roach. Rather, it seems to concern properties that are frequently cited for loud noise and drunken reveling.

That being said, let's first look at the reasons outlined in the 2005 proposal for instituting such a public nuisance control law:

The City Council, after public hearings, finds that there is an increasing use of real property within the City of Batavia for the purpose of flagrant violation of the penal and alcohol, beverage control laws as well as the codes of the City of Batavia relating to continued violations of the law.

The City Council finds that this situation seriously interferes with the interest of the public in the areas of quality of neighborhood life and environment; diminution of property values; safety of the public upon the streets and sidewalks; and increasing costs of law enforcement as a result of these illegal activities.

The City Council, therefore, finds it in the public interest to authorize and empower the appropriate city officials to impose sanctions and penalties for such public nuisances as an additional and appropriate method of law enforcement in response to the apparent proliferation of these public nuisances without prejudice to the use of any other procedures and remedies available under any other law.

Making sense of the legalese that follows is an arduous task. But this much we've figured out. This law gives city officials the right to act against "public nuisance" properties. Quaified as "public nuisance" properties are those that violated specific statutes—typically on two, three or four occasions—of either the state penal code, the alcohol beverage control law or city code (dealing with alcoholic beverages and noise).

Importantly, there are no details regarding problem properties that are not "kept up"—where the grass is waist high and the lawn is littered with trash, for example. That is, this law treats only those properties which are drunken and/or noisy.

So what happens to these properties if they are found in violation?

In addition to the enforcement procedures established elsewhere, the City Manager, or his designee, after notice and opportunity for a hearing, shall be authorized to:

A. Order the discontinuance of such activity at the building, structure or place where such public nuisance exists; and/or

B. Order the closing of said building, structure or place to the extent necessary to abate the nuisance, as prescribed below.

For more information, download a copy of the proposed law here, and be sure to check out Part One of this series, which features an interview with City Council President Charlie Mallow.

We said yesterday that we'd be working on a series of posts related to neighborhood improvement issues. For the first part of our series—not that we've yet flesh out a second part—we would like to focus on problem properties, in particular: what they are and how to deal with them. We've already sent out questions on that topic and left messages with a couple members of the City Council. We expect to hit up a couple more. Council President Charlie Mallow was kind enough to get right back to us, and we have his answers below. He's got some real insights into the issue. Check out his comments.

We're also hoping to hear from you. When does a neighboring home turn from annoyance to nuisance to real problem? How should the city handle its problem properties? When should people be left alone?

Please be sure to check back with the site in the coming days and weeks. We hope to get up many more posts on this issue, which we're sure is an important one for this community.

Answers from Charlie Mallow:

How do you define a problem property?

A problem property is one that isn’t adding to the balance of a neighborhood. It’s the sore thumb of the area. Its owner is not keeping up with maintenance or its residents are causing disturbances. There also has to be some intent to avoid doing routine maintenance or create disturbances routinely. Since anyone could have health problems that keep them from being able to keep up with property maintenance from time to time.

When is it decided that a property owner has been given enough warnings? Is that threshold defined? What action then follows? What action ought to follow?

These thresholds are found in our code and state code. They are pretty ineffective; I would like to see some changes. I would like to see a property given notice and asked to respond, and then I would like to see a follow-up some time later, where a court appearance ticket is issued with a fine. We have been too easy in the past and people know how to work the system at this point.

What are the best ways to take preventive action against absentee landlordism?

Tough question. I believe you need to make it easier for people to own their own home. That’s easier said than done in our current mortgage crisis. Proper property maintenance inspections by city staff will take care of most of the problem. Our cities real issue is that we have not enforced the laws on the books for years. We have been understaffed and this has never been a priority of city government.

What is the difference between a slum lord and a lazy tenant or homeowner? Is there a difference if the outcome is the same? Ought they to be treated differently?

Right now there is no punishment for being a lazy or bad tenant. The landlord gets left holding the bag. There is another side to the problem. Most landlords are good people who care about and for their properties. There are some rotten apples but, we can’t keep beating on landlords and cast them all in a bad light. We need to find a way of punishing the right person. How? That is something we in the NIC (Neighborhood Improvement Committee) have talked about over and over again and can’t seem to find an answer for.

When should a tenant and not the landlord be held responsible for the condition of a property, if ever?

See above..

In the photo above is a neat home on Walnut Street. Batavia has many such colorful and interesting residences. We can only hope that the residents do their best to take care of them.

It's official! City Council this evening proclaimed September 22, 2008: Muckdogs Day. The 2008 NY-Penn League champions have since dispersed, many of the young players heading to St. Louis for the Cardinals post-season training camp, so that means no go on a parade for this year. But plans are already in the works to hold a victory parade when the champs return to Batavia in June.

We'll be sure to pass along more info as it becomes available.

In other City Council news...

A public hearing has been set for October 14 to discuss a local law that would abolish the city's Board of Ethics. If the action goes through, the city will in future refer all "ethics issues" to the county's Board of Ethics.

Motorists dropping off students at Batavia High School are urged not to use the central bus loop, which is for buses only, according to WBTA's Dan Fischer. There are safety concerns in allowing buses and passenger vehicles in the same area. If you are picking up or dropping off students, please use the "pick-up circle" near the band room.

City Council will meet tonight at 7:00pm in the Council chambers at City Hall.

Two children died in a house fire Sunday in the village of Fredonia. More details can be found in an article from the Jamestown Post-Journal.

In Medina, a school teacher was arrested and charged with official misconduct. Scott Ballard, 33, is accused of initiating relationships with two of his former students. More details can be found in an article from the Lockport Union-Sun & Journal.

Today's Daily News features two more reports from Matt Surtel who is on a trip to Washington D.C. with a group of area veterans led by Assemblyman Steve Hawley. Surtel steps out of the spotlight for the front page piece which includes reflections of some of the vets as they observe the National World War II Memorial. A fantastic article, worth reading in full. In another article inside the paper, Surtel thrusts himself back into the fore in a quirky tale about his first-ever trip to the mess hall. My only critique of this short and punchy piece is that we only know that Surtel is in a cafeteria, but we don't know where. Where are you, Matt?

Joanne Beck must have been a busy writer yesterday. She has three pieces featured on the front page. One is about the City Council—Council President Charlie Mallow says they are "moving forward very, very quickly." Another is about Mallow stepping down as chair of the county Democratic party, news that was featured on WBTA and The Batavian this morning. The third article by Beck—which does not feature Charlie Mallow in a prominent role—is about the quartet of Chinese students who have settled at the campus of Genesee Community College for the year. It's a fun article.

Cregg Paul, co-owner of Center Street Smokehouse, was convicted of repeated failure to file corporate tax returns for his company, Employee Leasing Network, in county court Monday. He was acquitted of four other felony charges and four misdemeanors related to the returns. Paul could face up to four years in prison or "a lesser term in local jail or probation." He will be sentenced on December 10.

We encourage you to pick up a copy of the Daily News at your nearest local newsstand. Or, better yet, subscribe at BataviaNews.com.

Batavia's City Council met for a brief session last ight in City Hall and in that time unofficially decided to nix the city's ethics board and rely on the county's one if needed—though I imagine any formal vote on it would come at the next meeting, according to WBTA's Dan Fischer. Council also decided to switch the meeting schedule so that council will only meet once a month on alternating Mondays. Council will continue to meet twice a month, but its meetings will be split. That means one Monday will be a business meeting and another will be the conference meeting.

In other news, City Council President Charlie Mallow has decided to step down as chairman of the Genesee County Democratic Party. Mallow will give up the post on September 17, though he plans to remain active in the group. He was chairman for a year and a half.

Renovation will begin today at the former St. Jerome Hospital on Bank Street, according to WBTA. United Memorial Medical Center plans to erect a 37-unit affordable senior housing structure for the site. The project is expected to disrupt traffic and parking in the vicinity.

In other news, Batavia's City Council will meet tonight at 7:00pm at City Hall. Please refer to our earlier post for more details or to download the agenda.

Batavia's City Council agenda looks relatively uncontroversial—and we can all use a break, I'm sure—for their coming meeting Monday. During the business session, the group will vote on mostly financial issues, such as the "resolution to transfer $15,700 from the contingency account to the finance department professional fees and training accounts in the 2008-2009 general fund budget for the purpose of satisfying additional fees associated with the annual audit and training." Phew. Let's take a breath there. Does anyone else get a kick out of knowing that "fees" can be satisfied?

Seriously, though, Council will also take up the recently reviewed "Council Member Rules," which were brought back to the table by Council President Charlie Mallow during the conference session of the meeting two weeks ago. Rules include:

Council members understand that the time of the professional staff is valuable and will limit discussions and phone conversation during business hours to reasonable amounts of time.

Council members shall not use their position to intimidate Staff to secure a request.

Council members agree to act through the office of the City Manager and will not directly or indirectly give order or make request of department heads or City employees...

Council members are not to give direction or to give orders to any Staff member...

And so on... Do you see a pattern here? Or should I say blatant repetition: not to give orders, not to giver orders? Every rule seems to be a variation on the theme of: leave the staff alone. In fact, it seems that the "Council Member Rules" could be that one simple rule, and perhaps the title ought to reflect that, since no other type of rules are discussed.

Council will also vote to authorize the Center for Governmental Research to conduct a consolidation for the city and town of Batavia.

Click on the link below to download the agenda for the business meeting and the details regarding the agreement with the Center for Governmental Research:

• City Council Business Meeting Agenda: September 8
• Center for Governmental Research - I
• Center for Governmental Research - II

Council will meet at 7:00pm at City Hall.

City Council President Charlie Mallow said in a Daily News article today that the consolidation of dispatch services "handicaps our police a bit." Council OK'ed consolidation Monday, and the county legislature will vote on it tonight.

[Harriet] Scopano, a senior citizen, felt safer with someone at the station around the clock. Mallow, City Council president, said the city would lose its small-town appeal and become more like his native crime-ridden Buffalo.

Now that the station at 10 W. Main St. will close for nights and weekends, both of them feel the same, they said.

That just doesn't sound right.

Moving the dispatchers 1.7 miles away will make Batavia like "a crime-ridden Buffalo"? That just doesn't sound right. Scopano is quoted later on in the article as saying that "we'll have to watch ourselves, especially in the parking lot." It doesn't seem reasonable to suggest that just because dispatchers will no longer occupy the facility at all hours that the parking lot outside of headquarters will become more of a risk for violent crime. Heck, there's hardly any violent crime in Batavia as it is. It's one of the reasons why Batavia is a better place to live than, say, Buffalo. Do we really believe that criminals will now congregate outside the police station?

Police Chief Randy Baker makes a good point.

"For citizens, you're not going to see much of a change. We locked the doors after hours anyway for dispatchers to let (visitors) in," he said. "If someone is in immediate danger, they can go to the lobby at the jail. That's a manned area. They've always had that."

Don't people just call 911 when they're in trouble? Who goes to the police station? We call the police. They come to us if we're in trouble. That's why they've got the fast cars with the loud sirens and the bright flashing lights.

City officers are certain to shift their perspectives to go along with the changes, Mallow said. "They're going to do what they need to do to protect the citizens," he said.

Exactly. Especially since what they do won't change. Nor will what the dispatchers do change. The only thing that will change, really, is that when you call the police for an emergency, they'll pick up your phone a mile and a half away from where they did it before.

WBTA's Dan Fischer picked up some great audio of last night's concluding debate about the mall sign—which was approved for purchase by a vote of 6-2. He has posted the views of two City Council members who held opposing views on the mall: Rosemary Christian and Charlie Mallow.

In other news, the former highway superintendent of the Erie County town of Marilla, David Pierce, told a judge yesterday that "alcoholism and greed" made him break the law. Pierce was sentenced to seven months in jail for using town employees to work on his property, doing such things as building a fishing and swimming pond.

After weeks of asserting that he would not recuse himself from a City Council vote to purchase a sign for the mall, Councilman Bob Bialkowski abstained when it came his turn tonight, doing what everyone had been saying was the right thing to do and nullifying any purpose to convene the city's ethics board. So ends that debate.

That vote, by the way, won with a clear majority, and the city will purchase a new sign advertising the mall, not to exceed $20,000. Council members Charlie Mallow and Marianne Clattenburg voted against the purchase.

"I'm really frustrated with this whole situation," said Clattenburg. "I'm ambivalent on the sign. I was for it when we voted for the budget, but I don't know now that this has become so hostile."

After the vote, Bialkowski said that in the end he abstained so as not to hold up procedure.

"Everything else aside," said Councilman Frank Ferrando, "We took the sign down. We should put it back up."

If I may be allowed a moment to digress... Sometimes, folks, things just work out. Even in such municipal farces as these, what we all know ought to happen happens despite the rancor, despite the bitter clash of personalities and despite the obstinacy of otherwise good people who inexplicably act contrary to common sense. God bless America.

Council was also supposed to appoint a five member board of ethcis, but that was postponed owing to the efforts of Rosemary Christian who said she "didn't even know" the city was "looking for an ethics committee."

"My concern," said Councilman Tim Buckley, "is that nobody here can explain to me what exactly the ethcis board does. It might be spelled out, but there has been no action. I'd like to spend some more time on this and make sure it's done right. I'd like to define their job a little more, instead of just saying that these are members of a board that do nothing."

Council members Mallow and Clattenburg sounded the sole votes against postponing the appointments. Clattenburg said that such a move "means we're rejecting these members."

Mostly optimistic talk about Batavia's financial upswing at tonight's council meeting took on some shades of gray when the topic turned to the fate of the city's ambulance corps.

City Manager Jason Molino warned council that "we have to get a financially stable point" before the city looks forward to reacquiring services that have been cut down to keep a sinking ship from going under altogether.

"We talked about a surplus," he said, "but when you look at the cash perspective, there is no surplus. ... We're going to have to take another month to look at this [amublance service] and decide if you want to continue to supply this service or not. It's extremely expensive, and we cannot maintain it."

Little specifics were given—we will fill in more details tomorrow—but it was understood that the council would get together sometime in the coming weeks to consider whether to continue paying for its ambulance service.

Council President Charlie Mallow said that the city received a letter from the fire and ambulance union about the poor state of its emergency vehicles. We will get that letter.

"The ambulances are in disrepair," said Mallow. "There has been a lot of pressure to abandon this."

Batavia's City Council will meet tonight at 7:00pm at City Hall, according to WBTA. The meeting, originally scheduled for August 11, was postponed twice. Council is expected to vote on whether to fund the replacement of a sign for the mall. Also meeting tonight at 7:00pm is the Board of Education. They will assemble at the administration building on Washington Avenue.

No cause has yet been determined in the fire at Willow Industries at 34 Clinton Street that erupted Friday night. The fire was brought under control shortly after midnight. Damage was confined to the warehouse, and some of the materials inside are reported destroyed by fire. Steve Ognibene was driving by that evening when he spotted the fire trucks. He put together this video footage of the scene, which was sent to the Batavian over the weekend:

    This is submitted to address the issue of representational fairness in regard to the election of at-large city council members. Currently, if a sitting council member who was elected to represent an individual ward runs for an at-large seat and wins, someone is then appointed to the vacated ward seat from the winning party. Since this appointment is voted on by the city council instead of the ward's voters, it dilutes the power of each ward resident's vote. By replacing the member who initially won the ward's vote with a candidate who only needs approval from elected officials outside of the ward, this effectively means that the ward's representation is then decided by the whole city instead of  by the wards' voters. Additionally, in a ward election, party affiliation doesn't mean as much as it does in other elections, so limiting the council's choices to just one party even further deprives the ward voters of choice.

     I would propose that a sitting member should be required to serve notice of their intention to resign their current seat to run for an at-large seat so that their ward can make the decision on who represents them instead of leaving it to the city council members to decide for the ward. This resignation would take effect at the end of the current council year. In the interest of fairness, the announcement should be required to be made sufficiently in advance of the election so as to provide interested candidates the time necessary to file and gather sufficient petition signatures.   By allowing sitting members to make a horizontal move to an at-large seat, it also reduces the pool of interested candidates for the ward seat, thereby additionally depriving ward voters of further choice in their representation.

  This proposal is made in regard to fairness and outside of any partisan considerations.

Consolidation between the Genesee County Sheriff's Office and the City of Batavia Police should go through by the end of the month, according to the Daily News. The county legislature approved a $76,000 capital project at its meeting last night—$9,926 of that will be paid by the county, the rest covered by a state grant.

In an article by Joanne Beck, City Council President Charlie Mallow says that a question initially posed for the city's board of ethics—does Councilman Bob Bialkowski have a conflict of interest regarding votes on the mall—will now be taken up by the county board of ethics. City Attorney George Van Nest "submitted the matter to the county's board within the last week, Mallow said. However, the county's Clerk of the Legislature Carolyn Pratt says that the county board cannot act "on any issue from a municipality that has already established an ethics board," and the city has its own board. I called Van Nest to ask him if this means that the county board will not hear the matter, but he declined to comment. It was the most simple question I thought to ask, and really beats at the heart of the whole article. If the county board of ethics can't meet to discuss this: first, why is it news? And second, why would Van Nest ask them to meet?

For more fun and informative articles just like these, be sure to get out and pick up your very own copy of the Daily News. Or, better yet, subcribe at BataviaNews.com.

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.