Victor is moving toward another eminent domain acquisition at Eastview Mall, this time involving five parcels the town says are critical to preserving the shopping center’s long-term economic viability.
The Town Board voted Monday to schedule a Sept. 28 public hearing as the next step under New York’s Eminent Domain Procedure Law. Town officials say the ultimate goal is not for Victor to permanently own the property, but to transfer the parcels to Victor 2040 LLC, keep them under local control and eventually return them to Wilmorite.
The move follows Victor’s previous use of eminent domain to acquire the former Lord & Taylor property in 2025.
Town Supervisor Jack Marren said the current effort stems from a dispute involving Rialto, the special servicer between Wilmorite and the mortgage lenders tied to Eastview Mall.
According to Marren and Wilmorite, Rialto has withheld operating cash and reserves that would otherwise be available for maintenance and improvements at the mall.
Those projects include parking lot and roadway repaving, landscaping and renovations.
Marren said the town views Eastview as one of Victor’s most important economic assets and wants to prevent decisions about the property from being controlled by an entity with little local connection.
“The importance of having a local owner of a regional mall speaks volumes,” Marren said. “Last thing we need in this region is an owner who just [sees Eastview as] part of their portfolio.”
Wilmorite echoed that concern in a statement, saying Eastview remains a strong regional economic anchor and that the company has continued investing in the mall for decades.
The company said its ability to make routine investments has become more difficult because Rialto has withheld cash and reserves.
Wilmorite also said the eminent domain process is not expected to affect tenant leases, tenant rights or day-to-day operations at the mall.
Marren said Victor is acting as a mechanism to help resolve the ownership and financing problem rather than attempting to become a long-term mall operator.
“We’re the mechanism for working with Wilmorite,” he said.
If the town proceeds after the public hearing, Victor would notify the lenders and Rialto of its intent to acquire the parcels. That would begin a mandatory 90-day waiting period before the acquisition could move forward.
Victor 2040 would then acquire the parcels at fair value, according to the town’s plan.
Interim town clerk appointed
The Eastview action was one of several significant items handled Monday.
The board also appointed Kimberly A. Consella as interim town clerk through Dec. 31 following the retirement of former Town Clerk Karen Bodine.
Ontario County Clerk Jean Chrisman administered the oath of office immediately after the appointment.
The interim term will run until a newly elected town clerk takes office Jan. 1.
The board also accepted the resignation of Deputy Town Clerk Jenna Werner through a walk-in resolution added to the agenda.
Parks debate turns to Dryer Road and Paparone
Town officials also spent significant time discussing recreation priorities for the 2027 budget.
Parks and Recreation Director Brian Emelson presented two proposed capital projects.
The first is a roughly $137,000 project to repave the entrance road and primary parking area at Victor Municipal Park.
Emelson said the existing surface has deteriorated after years of heavy use and repeated patching.
The second proposal would replace the dirt bicycle pump track at Dryer Road Park with a permanent asphalt version and add a bicycle playground aimed at younger riders.
Emelson said Victor has already rebuilt the dirt track multiple times, only to see weather and erosion gradually degrade it.
Genesee Regional Off-Road Cyclists has expressed interest in helping fund design costs.
Several Town Board members supported the concept but questioned whether moving forward with another Dryer Road investment would delay development of Paparone Park.
Board members discussed beginning Paparone with a phased approach, potentially starting with a cloverleaf-style youth baseball complex before adding amenities such as pickleball courts and a splash pad later.
No decision was made.
The Parks and Recreation Citizen Advisory Committee has favored the Dryer Road project in part because it is closer to being construction-ready, while Paparone would require additional planning, engineering, drainage work and infrastructure.
Town officials said a pending state grant application worth roughly $1 million could also affect which projects move forward and how quickly.
Victor looks to make trail connections permanent
The board also discussed converting several Victor Hiking Trails routes from revocable agreements with private property owners into permanent public easements.
Emelson said some popular trail connections could disappear if landowners decide to withdraw permission.
The proposed 2027 operating budget includes $12,000 to begin securing permanent easements for some of those routes.
The work would involve surveys, legal documents, valuations and negotiations with property owners.
Emelson said the objective is to preserve trail connections residents already consider part of Victor’s broader public trail system.
Woods at Valentown easements under review
James Cretekos of BME Associates also appeared before the board on behalf of Commercial Street Partners LLC regarding The Woods at Valentown development.
The developer is seeking to abandon seven easements created under an earlier development plan, including four conservation easements, two utility easements and a water main easement.
Cretekos said revised easements would be created as part of the final subdivision process, with the conservation areas largely remaining in the same locations.
The total conservation easement area would decrease by about 1%.
The Conservation Board has already reviewed the proposal and recommended simplifying portions of the northern boundary where practical.
The Town Board did not take final action on the easement request Monday.
Highway equipment and other spending approved
The board also approved Manifest No. 16 totaling $668,500.44.
Major expenditures included road salt, legal services, an emergency sewer repair, court security upgrades, a new recycling truck, utilities and gymnasium flooring.
Officials said Victor’s salt storage facility is full ahead of winter, while the next salt contract is expected to increase about 9%.
The board also approved snowplow equipment changes, authorized purchase of a 2027 Western Star roll-off truck for the transfer station and agreed to retain a 2015 Western Star as a spare rather than auctioning it.
Other approvals included an equipment lease agreement with the Victor Fire District, playground surfacing at Dryer Road Park, summer concert agreements, the Girls on the Run youth program and final action related to the Blumont Rise subdivision.
The board entered executive session after completing its public agenda.
The Eastview Mall eminent domain public hearing is scheduled for 7 p.m. Sept. 28 at Victor Town Hall.
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