Supporters of Green Street Cafe press city to mediate

NORTHAMPTON - The city will attempt to mediate a contentious long-running dispute between Smith College and Green Street Cafe.

Faced with a 3,500-signature petition of support for cafe owners John Sielski and Jim Dozmati and the comments from a half-dozen restaurant supporters at Thursday's City Council meeting, councilors signed off on a resolution that "strongly urges" the city to take steps to resolve the dispute over the cafe's lease with the college.

The cafe is located at 64-68 Green St., next to Ford Hall, Smith's new engineering and science building.

The resolution, sponsored by At-Large City Councilor Michael R. Bardsley and approved by a 5-2 vote, instructs Mayor Clare Higgins and Teri Anderson, the director of the Office of Community and Economic Development, to "take any and all reasonable actions to assist ... in a good faith effort to retain a longstanding local business."

Ward 5 City Councilor David A. Murphy and Ward 3 City Councilor Robert C. Reckman voted against the resolution. Council President James M. Dostal was absent.

The conflict between the 3,000-square-foot cafe and the college heated up in April, when Sielski and Dozmati stopped paying rent and later sued Smith College in Hampshire Superior Court for allegedly blocking access to cafe parking during the Ford Hall construction.

After Sielski and Dozmati refused to vacate the site of their restaurant, Smith College sent them an eviction notice in June. The college then asked a Northampton District Court judge to authorize the eviction a month later. Smith said the back rent is now in the range of $18,000.

"Smith has an obligation to use its resources prudently to support its core educational mission," Smith spokeswoman Kristen Cole wrote in an e-mail. "We can't afford to carry tenants that don't pay rent."

The cafe owners acknowledge the back rent in court documents, but claim they do not owe money to Smith because the college violated an agreed-upon "covenant of quiet enjoyment" and breached an "implied warranty of habitability."

In July, Mark Tanner, a lawyer for Green Street's owners, filed a motion to dismiss the eviction in an effort to roll those proceedings into the superior court case being pursued by the cafe owners against Smith. The motion was denied.

A jury trial on the eviction has been scheduled for Feb. 9.

At Thursday's council meeting, Sielski said their only recourse is through the court system and the cafe doesn't have near the resources that Smith does.

"It's been a three-year nightmare for us and we'd like it over," he said.

Cafe supporters at Thursday's meeting urged the city to step in. Resident Daryl LaFleur, of 244 South St., noted that the restaurant's owners allege that the college has encouraged its employees to not frequent the restaurant and won't accept an offer from a restaurant patron to cover the back rent owed.

Smith College alumna and Florence resident, Jan Carhart, earlier this year offered to pay money owed to Smith, but the college rejected the offer, according to court documents submitted by Tanner.

Smith acknowledges that a customer offered to pay back rent, but the college doesn't consider that a viable, long-term solution, Cole wrote.

Others speakers talked about the restaurant's importance to the neighbood, and how unfair it is that a small business has to battle a "non-profit giant" like Smith.

"I can't stress enough how important the Green Street Cafe is to the neighborhood and the city," said Rachel Rybaczuk, of 21 Belmont Ave.

Joel Saxe, of 2 West St., said that Smith could earn "brownie points" with the neighborhood and city if it dropped its eviction proceedings and works out a deal with Green Street Cafe. Continuing with the eviction is like "rubbing salt in a wound," he said. "To not take a position is actually taking a position," said Saxe.

Smith officials said Friday that they have always hoped for a reasonable and amicable solution.

"The Cafe has a lease until 2012 and if they would abide by its terms and pay rent, including back rent, Smith would continue to rent to them," wrote Cole in the email.

Chad Cain can be reached at ccain@gazettenet.com.

Comments

I don't want to pay rent either

What a crock, The restaurant should pay their rent or move on. It is not smith colleges responsibility to support this restaurant. If they have a problem with their landlord they could move to strong ave. where the old bbq joint was or any of the other vacant properties in town. I do not want my tax dollars going into this fight. It is between the college and the restaurant. How dare they drag the city into this!!!

LaFleur correction

Dear Larry and Chad,

Thanks for working this point into the article, but I actually said, "The owners of the Café allege Smith officials are persuading their faculty, staff and students to not frequent the establishment." I do not make this allegation and would appreciate a correction in the print edition.

My comments are posted in their entirety verbatim at
http://www.valleyadvocate.com/blogs/home.cfm?aid=10902 and/or can be viewed in the rebroadcast of the meeting on Northampton Community Television.

Best, Daryl

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