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Batavia Daily News for Thursday: Here we go again: City Council vs. Mall Merchants

By Philip Anselmo

Batavia's Mall Merchants Association has requested the city to remove its appointed liaison to the group, according to the Daily News. A letter sent to City Council President Charlie Mallow asking for the dismissal of liaison Tim Paine cites Paine's "veiled use of a tape recorder during meetings, questioning the integrity of meeting minutes and being disruptive" among its list of reasons why Paine should go.

Mallow told reporter Joanne Beck that members of public committees "have the right to rexpress themselves and argue their points." Mallow added that Paine has done nothing to warrant his removal from the Mall Operating Committee and Association.

Association President Mitchell Chess said of Paine:

"He's not serving the role as intermediary (between the city and merchants). The relationship has become unworkable. He doesn't trust what we're saying and we don't trust him. It's not a good mix. We want someone to explain their point of view and not be antagonistic."

Tim Paine is a frequent contributor to The Batavian, and we've heard him express himself on many different city issues—never in any way that's been outright "antagonistic"—and it's pretty obvious that he takes an interest in the goings-on at the level of city government. If anything, we would have to say that he is an active citizen and be thankful for that in the face of so much general apathy on the part of the greater public.

Whether Paine is being "disruptive" and frustrating meetings of the mall association because of trust issues, we can't say. Chess went as far as to say that Paine is "looking for ways to undermine" the mall merchants. That sounds like a pretty heavy charge. But why would Paine even be in a situation to undermine the merchants? Who is he undermining the merchants to? Has the relationship between the city and the mall reached a point where it is perhaps too involved? Let's phrase this in another way: How does an association between the mall merchants and the city—to the point that paid staff spend time at such meetings—benefit the residents, a.k.a. taxpayers, of the city of Batavia?

The purpose of the Neighborhood Improvement Committee is pretty obvious. The Board of Assessment Review serves a pretty clear function.

One thing is clear: the city and the mall merchants just don't get along. Headlines pitting one against the other were splashed across the front page of the Daily several times this summer. Whatever the purpose may have been for a Mall Operating Committee and Association, it's obvious that it has been frustrated.

The Web site for the city of Batavia says this of the association: "The Mall Operating Committee is made up of mall owners and City staff and is responsible for overseeing the operation and maintenance of the mall."

That sounds simple enough. So why so much drama?


In other news, nothing significant happened at the town of Batavia budget hearing and the Genese County elections crew had no need of the emergency paper ballots, as all the machines remained in good working order throughout the day Tuesday.

And.... that's about it.

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

Daniel Jones

Are you kidding? The committee wants him removed because he didn't feel that they were'nt being accurate in their notes and because he's not going along with their secretive plans? Is this a joke? He caught them in a lie and now their feelings are hurt, they really need to take a step back and realize what Mr. Paine's job is, he's a representative FOR the CITY, not an obligatory yes vote to their plans.

You have to wonder what their trying to cover up.

Nov 6, 2008, 1:42pm Permalink
Charlie Mallow

This is just another manufactured controversy by the MMA. Instead of worrying about who the city has as a member of the board, they should do what they said they would do and negotiate with our city manager. There are more members of this board then there are shoppers in the Mall.

Nov 6, 2008, 1:48pm Permalink
Philip Anselmo

"There are more members of this board then there are shoppers in the mall." Ouch!

Charlie: Would you say that the purpose of the association has been overreached? Why such controversy from a group that is supposed to discuss "maintenance" issues?

Nov 6, 2008, 1:57pm Permalink
Charlie Mallow

I do not have a clue as to what the MMA wants from the city. They have not and will not negotiate with our City Manager. Instead of sending me a letter with an irrational request, they should have sent me a list of their demands; I could have forwarded that to the City Manager. Maybe we could have achieved something.

Instead, I am sent a letter and given no chance to respond before they take the letter to the paper. That letter and Dr. Chess’s comments in the paper are nothing more than a character assassination of Mr. Paine. What do they hope to gain by such mean spirited public spectacles?

Nov 6, 2008, 2:46pm Permalink
Timothy Paine

I will be more than happy to chime in here. First Dr. Chess is the one who asked for my removal. He was the very first one to speak those words during a meeting. He may not have been present during the vote, I wasn't there either. That vote must have happened behind closed doors. He is the one who called for my removal though. This is just another of Dr. Chess' long list of deceptions that I have witnessed. We were all asked to keep things out of the media and I have done that. This was brought to the paper by someone and I have no idea who. As far as I knew this letter was sent to all Council members and the City manager. Who ever contacted Joanne Beck brought this public again and my intentions have been questioned. I have the right to explain and defend myself.

This is what Dr. Chess told me what the MMA wants from us taxpayers. I asked the question multiple times to make sure I got it right. 1). They want a new roof that may costs around $250,000. 2). The want to purchase the Mall for $1, after all repairs are completed. 3). They want 10 years of tax breaks after the purchase. I've written this before and figured I'd just remind every one. I've always maintained that there is no way we can get out of this deal at no cost. Everyone that I've spoken with has said their main concern is "what ever deal is struck, let's make sure it's final!". No one wants to see this go beyound these negotiations. Those whom I've spoken with want the City completely out of the Mall business.

The good thing that has come out of this last meeting is they voted to close the meetings. Madeline is now the only person who can record the meetings. I have been granted access to these recordings. All I ever asked for was the truth, as longs as I can review the actual recordings I don't care who made the tape. I have questioned the minutes many times. I've caught several contradictions from Dr. Chess and one huge one from Councilman Bill Cox. There have been a few questionable statements from other Council persons as well. Now that the meetings are closed, Council people won't be there to jeopardize future negotiations.

Their objective is to get the City Taxpayers to spend as much of our money as they can on the Mall. My presence is to keep as much taxpayers money in their own pockets instead of reroofing or taxbreaks on the Mall. Since we have opposing objectives, of course there will be disagreements. At every meeting I stand alone against the MMA. Dr. Chess is flanked by nothing but supporters. Now he wants to eliminate the one desenting voice. Wow! How do you think he'd fair in my shoes? I don't know how the past City appointed members voted and I don't really care. I know what my job is. My job is not to spend taxpayers money. Again, my job is not to spend taxpayers money. Dr, Chess told me that I am now considered a hostile and will be treated as such. Fine by me. If that's the worst thing I get called, no problem. As far as how I get treated? I've been through bootcamp, this doesn't phase me.

(Just correcting some spelling errors0

Nov 9, 2008, 9:31am Permalink
Philip Anselmo

Tim: Thanks for the details. I was hoping you would provide them for us. :)

You say that most people you speak with want the city "out of the mall business," and I can wholly sympathize with them. Why would the city pay anything for roof repairs to the mall? Would the city fix a broken window in the façade of a Main Street merchant?

Shall we repeat the grand old refrain: Mr. Mallow, tear down that mall!

Nov 6, 2008, 4:17pm Permalink
John Roach

It seems clear now.

First the Mall Operating Committie (MOC_)wanted the City Manager removed because he didn't give into them. Then banned taping their public meetings except by their own person. And now they want the City Rep., Tim Paine, removed, again because he will not side with them 100% of the time.

Two things seem to drive this. One is Dr. Chess, who I have supported in the past, but who seems to have gone negative towards anyone who bucks him.

The other seems to be Councilman Bob Bialkowski. He has/had an interest in the Mall as a part time employee and his wife being the Mall Manager. Since being elected to Council and his attendance at MOC meetings, which he has a right to do, things have gone from bad to worse. His dislike of the manager is legend. Mr. Paine ran against him in last years election and came close to winning. They might run against each other again next year, so this smells real bad like politics with the MOC wanting Tim off.

I am asking here that the MOC remove Dr. Chess from the Committee if Mr. Paine is removed and lets see if things get better. And, maybe if Councilman Bialkowski stays away, things will get better also.

Nov 6, 2008, 4:33pm Permalink
Timothy Paine

John, they voted to close the meetings. I don't think Council members are allowed there anymore. I think this is a good move. In the past several some Council members have stepped over the line on what they're allowed to say. They are not supposed to discuss things that are under negotiation. Instead of letting this happen and possibly hindering Jason's ability, not letting them attend can only be a great move by the MMA. I actually commend that action. I was completely on board with this stuff staying out of the media too. I'd love to know who took this to Joanne Beck. But, when I'm challenged on my motives or my honesty in the media I will absolutely respond.

Dr. Chess claimed I've been less than honest or that he has distrust towards me. I would like an example. The reason the restricted my ability to record the meetings was over dishonesty. I haven't shared my tapes proving dishonesty with the media. I have no intentions of doing so. I started taping meetings after Dr. Chess presented me with facts to get my vote. The next meeting those facts became questionable. When he asked me if I was taping their meetings I said yes without hesitation. When I asked him if I lied in my article in the paper several months ago he answered "no". He just didn't like that I wrote it without his knowledge. I don't know where his "distrust" of me started. I think I've been very forthcoming, maybe to a fault. Maybe he doesn't like blantant answers. If I don't completely trust him, well, that's on him and his own remarks to me.

Nov 6, 2008, 5:09pm Permalink
Timothy Paine

I MUST add this! If simply asking for accurate minutes and truthful answers that aren't denied or completely changed at the next meeting is considered "undermining"? Then I must admit I don't know what undermining means. I thought I understood it's definition. I don't remember "seeking the truth" or "denying last months answer or statement" being the same as "undermining".

Nov 6, 2008, 5:26pm Permalink

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