Based on a grant report provided to City Council at its December 5, 2022 meeting, only three out of 13 grants received by the City on the list had gone through formal acceptance and authorization by City Council.

Two examples of grants received by the city that had not been formally accepted include a $25,000 grant from the Ralph C. Wilson Jr. Foundation toward improvements of the Johnson Street Playground and a $1.2 million State Environmental Protection Fund Local Waterfront Revitalization Project grant.

According to a staff report on a resolution to purchase new fencing for Johnson Street Park in the agenda for the June 12 City Council work session, the City has already used the grant from the Ralph C. Wilson Jr. Foundation to purchase a new swing set, benches, picnic tables, new hoop, signage, trash receptacles, and repave the basketball court. As of Sunday, June 11, the basketball court with new hoop has been completed, but other new equipment had not been installed.

According to the City Charter, under Article IV, C-31.F for Powers of the Mayor,

“When authorized by the City Council so to do, the Mayor shall execute on behalf of the City all deeds, contracts and other papers to be executed as an act of the City. All contracts, agreements, obligations or other instruments made, executed or issued by order of the City Council or at the direction of the boards provided by this Charter and in behalf of said City or boards shall be signed by the Mayor except as otherwise provided by the Local Finance Law.”

At the Finance Committee meeting on June 5, Corporation Counsel Elliot Raimondo made the comment that per the Mayor, City Council didn’t need to approve a $4,310 grant awarded by the Chautauqua County Partnership for Economic Growth. Finance Committee Chair and Council member at large Kim Ecklund disagreed with that opinion at the meeting.

In a statement by Ecklund, she said she had requested council be updated monthly at minimum about what grants the city has applied for, but that has not been happening on a regular basis.

Johnson Street Playground with newly paved basketball court (June 11, 2023)

She replied to a request for comment on this matter, saying Council should be approving the acceptance of all grants,  “.. just as we would any donation by a group or person. I have no idea why these have not been brought in front of us to do this and it should be corrected. In particular, I do remember speaking about the Johnson Street project at Parks Commission. We have not been aware of any reason why these would not come to a legislative body for approval. I honestly only asked for the grant list in March because of the ‘surprise’ FEMA Grant and had not received a copy again until today because I had to ask for it yet again. The bottom line is there is a lack of communication and honestly these grants and any other financial donation or in kind gift needs to come before the legislative body for acceptance and approval.”

Mayor Eddie Sundquist responded on the issue with a statement saying that, “For many of these grants, we may have been awarded them, but have not yet received a formal contract from the entity. In addition, some grants the City applies for on behalf of entities but the funding does not pass through the City. Many of the state grants, we may have been awarded but have not yet received a contract. ESD and some state agency grants require a pre-application resolution and in that resolution, it authorizes acceptance, if won.”

Council President Tony Dolce said he agreed that Council needs to formally vote to approve and accept the grants. He said in a statement that he had requested the City Clerk and Corporation Counsel bring forth resolutions to Council to approve those grants.

1061 Allen Street (January 2023)

A court case involving the former Crawford Furniture Building that burned down in a fire in November 2022 has been adjourned until June 30.

City of Jamestown Corporation Counsel Elliot Raimondo and Allen Street Development LLC Attorney Daryl Brautigam appeared in Housing Court Friday, June 2 before Judge George Panebianco for a pre-trial motion.

The adjournment was made due to both parties submitting new files in the case that needed to be reviewed by the Judge. One issue that needs to be resolved by the courts is whether Allen Street Development LLC principal owner Richard Rusiniak is personally liable for the cost of the clean-up of the site at 1061 Allen Street.

The City is seeking damages against the corporation and Raimondo has said the property owners owe over $90,000 in back taxes.

1061 Allen Street (January 2023)

The corporation that owns the former Crawford Furniture Building that burned down in a fire in November 2022 is expected to plead guilty to code violations.

City of Jamestown Corporation Counsel Elliot Raimondo and Allen Street Development LLC Attorney Daryl Brautigam appeared in Housing Court Friday, April 28 before Judge George Panebianco.

Brautigam informed the Judge that he is advising his client at a pre-trial hearing scheduled for June 2, 2023 to enter a guilty plea on two tickets.

Jamestown Director of Development Crystal Surdyk said these tickets are for on-going violations at 1061 Allen Street that go back several years in regards to junk and debris issues as well as other code issues that preceded the fire on November 16, 2022.

Raimondo said this plea will allow the City to seek damages against the corporation, “After the fire, the city had to pay H.H. Rauh Contracting $100,000 for an emergency demolition just due to the fact that the site was so unsafe during and immediately after the fire for any individuals to near there. That said, anyone who drives on Allen Street and past 1061 Allen will still see that there are massive, and what we would say is Superfund type site, that needs to be cleaned up at the site of the fire.”

Raimondo said the city has received quotes for over a million dollars for that clean-up. He added that the owners also owe over $90,000 in back taxes for the past five years.

The pre-trial motion on June 2 also will determine if Richard Rusiniak has any personal liability as one of the principal owners of Allen Street Development LLC. A sentencing date for the guilty pleas will be determined at the pre-trial and that future date also will include the hearing of contempt charges against Richard Rusiniak by the City for providing false statements in court.

Meanwhile, Surdyk said the Environmental Protection Agency is still assessing the site. She said their involvement with the site in the years before the fire has been a benefit to the city, “I think the fire could have been much more damaging and catastrophic had they (EPA) not been able to achieve some compliance with removing some of the chemicals and hazardous materials from the site. We do know there were still some hazardous materials that remained at the time of the fire, but like I said, it could have been much more catastrophic than it was.”

The DEC and EPA are each pursuing independent actions against the property owners.

Surdyk added that Jamestown Police have not charged anyone with setting the fire but said she believed they did have suspects in the case. WRFA contacted Jamestown Police Chief Tim Jackson about the matter but had not heard back by press time.

Jamestown City Council voting session (April 24, 2023)

Jamestown City Council has approved a settlement to end litigation between the City and the company hired to renovate Tracy Plaza.

The City of Jamestown hired Patterson-Stevens in 2017 to renovate Tracy Plaza, which sits above and also serves as the roof for the city police and fire departments along with the city parking garage.

A lawsuit seeking $2 million was filed in February 2019 by the city and New York Municipal Insurance Reciprocal, claiming Patterson-Stevens Inc. was responsible for not properly securing the area, which allowed rain water to damage the police and fire departments below.

That lawsuit was settled in September 2020.

Patterson-Stevens counter-sued the city for breech of contract in July 2020, claiming the city owed over $306,000 in back payment for work that was done at Tracy Plaza in 2018.

The settlement approved Monday night has the City paying Patterson-Stevens $155,000 with Patterson-Stevens paying the city $75,000. Corporation Counsel Elliot Raimondo said this ends all litigation between the city and Patterson-Stevens.

Council also approved lifting the hiring freeze to allow an Ombudsman to be hired. This position replaces the Associate Corporation Counsel position. The ombudsman will perform human resource duties in the Corporation Counsel’s office.

A resolution also was approved to purchase new finance and payroll software from Springbrook using $106,286 in American Rescue Plan funds. This software will replace the KVS system with the administration saying the upgrade will result in time-savings for staff.

Jamestown Local Development Corporation meeting (April 19, 2023)

Over a half million dollars in American Rescue Plan funded grants have been approved for eight Jamestown businesses.

The Jamestown Local Development Corporation awarded $500,000 in Machinery and Equipment Upgrades funds as well as $50,000 in New Business Development funds at its monthly meeting.

Ballgame Heroes and Pearl City Cycle will each receive $25,000 under the New Business Development grant fund.

Jamestown Businesses Receiving ARP New Business Development Grant Funds

Department of Development Grant Manager Tim O’Dell said Pearl City Cycle is opening a retail store at 245 Fluvanna Avenue and will use the funds for store signage as well as painting the interior and exterior. He said Ballgame Heroes will use the funds for updating security systems, new displays inside, as well as for store programming and events.

The five businesses receiving $92,000 each in Machinery and Equipment Upgrade grant funds include:
– Colecraft Commercial Furnishings toward a $361,792 total project
– Dawson Metal Company toward a $134,900 total project
– El Greco Woodworking, Inc. toward a $143,952 total project
– International Ordnance Technologies toward a $226,600 total project
– National Wire & Metal Tech Inc. toward a $320,000 total project

Crown Street Roasting was awarded $37,500 for a $50,000 project

Jamestown Businesses Receiving ARP Machinery & Equipment Upgrades Grant Funds

O’Dell said 29 full time and three part time jobs are to be created and 163 full time and five part job positions retained through the funding.

The Machinery and Equipment Upgrades grant has a 25% match requirement for the businesses as well as job creation benchmarks that must be met or funds could be clawed back.

Director of Development Crystal Surdyk said the department reached out to 18 businesses about applying for the Machinery and Equipment Upgrades grant. Included in that list was Jamestown Skate Products, which is owned by JLDC Board member Pete Scheira. Scheira did not submit an application for funding.

Jamestown Businesses Contacted About ARP Machinery and Equipment Upgrades Grant

Surdyk said, when asked why these specific businesses were contacted, said they were businesses that had made past inquiries and expressed interest in grant opportunities.

JLDC Board member and City Council member Kim Ecklund expressed concern that when the grant applications were being accepted in January, businesses had already developed their budgets for the year and might not have had the 25% capital match budgeted that’s required. She added she’d still like to see more and different businesses participate in the grant programs.

While the discussion and decision regarding the ARPA grants awarded to Jamestown Skate Products and It’s Your Day was removed from the agenda, JLDC Attorney and City Corporation Counsel Elliot Raimondo did share that the city was still waiting to hear back from the U.S. Treasury Department, “I spoke to the Congressional representative today on that issue. The Treasury Department has, for lack of a better term, bounced him from person to person to person. So, we’re still waiting on what is the status of state and local fiscal recovery fund guidance, specifically what they mean by violations of ethical rules.”

WRFA has reviewed the federal guidelines for the $28 million in ARPA funding awarded to the city in 2021 and did identify a provision that states “Recipients may not use [the money] in violation of the conflict-of-interest requirements contained in the Award Terms and Conditions, including any self-dealing or violation of ethics rules.”

We also have reached out to the Treasury Department office for clarification to see if any of the grants in question violated the “self dealing” provision found in those guidelines, but have yet to receive a response.

The JLDC also approved $5,100 in Downtown Programming funds for the Juneteenth Festival to hold a free concert event on the Wintergarden Plaza on Friday, June 16 as well as concert at Spire Theatre on Saturday, June 17. These concert events will be in addition to traditional festivities held in Jackson-Taylor Park in celebration of Juneteenth.

Corporation Counsel Elliot Raimondo makes case for new ombudsman position to City Council (April 17, 2023)

Jamestown City Council heard the case for bringing back the Ombudsman position to fill human resources needs.

Corporation Counsel Elliot Raimondo has requested the title be brought back to replace the recently vacant Assistant Corporation Counsel position in his office. He said the salary range for the position is around $54,000 to $85,000. The position is currently funded through the end of 2023.

City Council President Tony Dolce voiced concern that the city would have to fund two full time positions when the ombudsman position was eliminated over 20 years ago to save money, “As you look into 2024, you have to consider, especially if you’re going to go to a higher range within that someone is hired and they move up and they keep moving up. That’s obviously going to have a long term effect down the road on the budget to have a full time Corporation Counsel and a full time Ombudsman. You could be at some time doubling the costs that you have.”

Jamestown Mayor Eddie Sundquist said human resources needs of the city have changed “tremendously,” “We’re seeing more and more mental health issues. We’re seeing more and more disputes between employees that we’ve not seen in many, many years. And our EAP only covers so much of that. And so we’re trying to bring an HR position in to assist in that process on top of the litigation that Mr. Raimondo is currently engaging in, which council is aware of, that will take a significant amount of time.”

Council member Marie Carrubba agreed that there are more HR issues for businesses today than in the past and that it would be difficult for the Corporation Counsel to wear “both hats.”

Council also reviewed a request to purchase new accounting software.

The City chose Springbrook Software following a request-for-proposal process. Mayor Sundquist said the bid of $63,986.50 for the purchase and $42,300 annual maintenance cost is higher than the bid received in Fall 2022 due to the former request not including an accounts receivable feature.

The software would be purchased using American Rescue Plan funds and would replace the KVS accounting system that’s been in use by the city since the early 2000s.

Sundquist said the new software would help the city continue digitizing some of its paperwork, “It would also allow us to approve purchase orders and that sort of things for departments as well move all of our timesheets online. Right now we do all timesheets on paper, as well as paper slips for each different departments. It would also allow employees their own access, in fact this is something we’re getting from a lot of the newer employees, which is the ability to see their paystub and not get a paper stub, as well as to change their tax filings.”

Sundquist noted the software will free up staff time and have cost savings in paper purchases. He added that the last audit of the City recommended that the city move to this kind of system.

Attorney Elliot Raimondo (center) talks with members of the Jamestown Local Development Corporation during its March 15, 2023 meeting

UPDATE: The Jamestown Local Development Corporation will not be discussing the ARPA grants awarded to Jamestown Skate Products and It’s Your Day at its monthly meeting following an update sent this morning that removed that item for tonight’s agenda. 

City officials are expected to offer an update Wednesday afternoon on the question of whether or not the Jamestown Local Development Corporation (JLDC) violated federal guidelines by approving economic development funds for projects tied to sitting board members.

Among the items on the JLDC meeting agenda for this month is a “discussion and decision regarding the ARPA grants awarded to Jamestown Skate Products and It’s Your Day.”

• VIEW JLDC APRIL 2023 AGENDA

Jamestown Skate Products is owned by JLDC Board Member Pete Schiera and was approved for a $15,000 grant in October through the JLDC Downtown Small Business Evolution program. It’s Your Day wedding planning service was approved for a $64,000 grant in February from the JLDC’s Building Acquisition & Business Expansion program. The owner of that business is the spouse of JLDC Board Member Jeffrey Russell, who also serves on the Jamestown City Council.

A third grant was also approved by the JLDC board in February for St. Luke’s Episcopal Church, after the church applied for funding from JLDC Downtown Programming & Events program. That grant application was submitted on behalf of St. Luke’s by employee Rev. Luke Fodor, who also sits on the JLDC board. In all three cases, the board members in question did not vote when it came time to award the funding.

In February, WRFA reported that the JLDC board likely violated its own bylaws and possible even state law by awarding funding to businesses connected to sitting board members, recusals notwithstanding. JLDC bylaws – which govern how the corporation must function – prohibit the awarding of loans or grants for any business in which a sitting board member (or immediate family member) owns a material interest. The JLDC board may have also violated Article 18 of the State General Municipal Law, which prohibits municipal officers from receiving public money they oversee and that “there are no exceptions for when an individual discloses his or her interest, recuses him or herself or abstains from the discussion or vote on a matter.”

Acting DPW Director Mark Roetzer explains how the professional engineer certificate works within the DPW Director role to City Council (April 10, 2023)

Jamestown City Council members don’t seem in favor of removing a professional engineering certificate requirement for the Public Works Director position.

An ordinance to amend the City Code to do just that came before council at its April 10 work session.

The city has had issues finding a replacement for former Public Works Director Jeff Lehman, who retired March 31, in part because of the engineering requirement.

It came to light that the only residency requirement for the position is that the director must live in Chautauqua County. Mayor Eddie Sundquist said this was a change in state law.

Council Member at Large Jeff Russell asked if removing that requirement would have any effect in the department being able to get work done.

Acting Public Works Director Mark Roetzer said the director doesn’t produce drawings that are then stamped and signed as a professional engineer, “But you’re reviewing drawings and plans and that sort of thing, specifications, so to not have a P.E. would be a detriment. If you hire someone who does not have it, they’d potentially become more of an administrator. The work that the director does now, part of it, would fall back on the other engineering staff that does have a P.E., or people under them that they oversee.”

Council member at Large Kim Ecklund expressed concern that could lead to the union requesting a stipend for extra work or change in job duties.

Roetzer said when the city receives plans, those were historically reviewed by Lehman, who had the P.E. designation. He pointed out that the DPW Director also is a member on the Planning Commission and the Jamestown Board of Public Utilities.

Russell stated he didn’t think the city should “lower its standards” by getting rid of the designation requirement.

Sundquist said only one application received for the DPW Director position had the required P.E. certificate, “And what we’ve heard, especially from Jeff (Lehman), to many folks who are getting P.E.’s are going into consulting firms that almost double the rate that we pay, which has been a concern. So, the county does not have a P.E. requirement for their Director of Public Facilities. Most communities do not. They have more of an administrator role at the top, which is the proposal.”

No action seems likely on the matter any time soon as the ordinance was tabled by the Public Safety committee with council members citing that city does have an acting director while the search continues.

Council also continued discussions on the proposed hiring of an Ombudsman in the Corporation Counsel‘s office. This position is proposed to replace the Associate Corporation Counsel position, which is being vacated by Ben Haskin.

Corporation Counsel Elliot Raimondo cited a need for a Human Resources-type of employee to help with mandatory employee trainings, “Issues with employee complaints and disputes, following up on council concerns, following up on public concerns apart from the police, following up with department heads to ensure that they’re doing what they’re supposed to be doing, handing our EAP program which I’m not the happiest with, and, recently, dealing with our health insurance program which is not functioning the way it should be functioning.”

Raimondo said he thought the position should report both to the Mayor and City Council. He said he understands that the addition of the ombudsman may lead to the Corporation Counsel position being made part-time versus full-time.

Finance Chair Kim Ecklund requested a salary schedule with a projection for future years be provided. The position would be funded through 2023 by funds previously allocated for the Associate Corporation Counsel.

Jamestown Local Development Corporation meeting (March 15, 2023)

Two grants approved by the Jamestown Local Development Corporation Board that raised questions of whether the board violated its by-laws are now on hold.

Jamestown Corporation Counsel Elliot Raimondo, who is also now the legal counsel for JLDC, said he is still awaiting guidance following conversations with the state and federal government, “We are waiting for that guidance before I make a final opinion on the federal aspect of it. And as much as the prior votes were concerned, we did follow general municipal law, which is what city council uses, whereby recusals happen and votes were then taken place, so I don’t find that we did anything not above board in that respect.”

Raimondo did issue the opinion and recommendation that St. Luke’s Episcopal Church be allowed to retain the $9,500 they received in Downtown Programming Funds for a fundraising concert as JLDC Board member and Church Reverend Luke Fodor is an employee of the church and not an owner.

The other two grants that Raimondo recommended not be disbursed until federal guidance is received include a $64,000 Building Acquisition & Business Expansion program grant for It’s Your Day wedding planning service. The owner of that business is the wife of JLDC Board Member Jeff Russell, who also serves on Jamestown City Council.

The other grant is $15,000 from the Downtown Small Business Evolution program for Jamestown Skate Products. That business is owned by JLDC Board Member Pete Scheira.

In all three instances, the board members in question either recused themselves or did not attend the voting session. However, the JLDC by-laws are clear in stating that no funding will be awarded to any business where a board member owns a material interest.

Not only did the awards appear to violate JLDC by-laws, but also state conflict of interest rules for municipal officers, and potentially federal rules as well.

Raimondo added that he recommends changing JLDC’s by-laws so that the body operates similarly to City Council under general municipal law.

Following the explanation and update by Raimondo, Mayor Eddie Sundquist, who also serves as JLDC president, asked if any JLDC board member wished to make a motion to revoke the funding for the businesses in question, but none came forward. Most board members in attendance who spoke out agreed that despite what the bylaws indicated, they felt a recusal was all that should have been required, given the ARPA funding was a unique situation for JLDC.

Besides a vote to revoke by the board or the federal agency instructing JLDC that the awards can not be made, the only other way to prevent the awards from moving forward would be if someone brought forward a lawsuit using an Article 78 legal proceeding in State Supreme Court, with a judgement being made in favor of the plaintiff.

Bird Bike Share – eScooter and eBike

Electric bikes and scooters could be available to rent in Jamestown this summer.

Jamestown City Council heard a presentation by Bird Bike Share, who has proposed a pilot program in the city.

Bird Bike Share currently has programs in Dunkirk and other municipalities around New York State.

Mayor Eddie Sundquist said bringing ebikes and scooters to the area would be a way to increase mobility for those who do not have cars, or good access to public transportation.

He said New York State passed a law in 2020 making eBikes and eScooters legal, “The program itself, when we were originally looking at it, the city was considering starting its own bike share program which had a lot of upfront capital costs. In this scenario, in this partnership, Bird actually provides all of that capital. They also hire a local operator to manage and take care of those bikes and scooters. And then the city receives a portion of the revenue on each of those rides.”

Sundquist said the pricing would have an initial fee and then a 49-cents per minute fee after that. He said the program would also offer community pricing where those who have an EBT card could receive a reduced rate. Pre-paid cards could also be used for rental in cases where someone doesn’t have a debit or credit card.

Sundquist said the bikes and scooters would be limited to operation within the city of Jamestown.

Council tabled a resolution to contract with BusPatrol for the installation and management of a bus stop arm camera program.

City Council had previously authorized a Bus Stop Arm camera program to catch violations of motorists passing buses when the stop arm is out.

BusPatrol would outfit the Jamestown Public School district’s bus fleet at no cost, with the City receiving a share of the fine money. The Jamestown School Board passed the proposal in February.

Corporation Counsel Elliot\ Raimondo recommended that council table the measure for further review.

Public Safety Committee Chair Brent Sheldon said that 239 feral cats were spayed or neutered under the Community Cat Program in 2022, “151 had the surgeries done at Operation Pets in Buffalo and 88 were done at the Chautauqua County Humane Society. That did result in some savings there because they didn’t have to do the transportation and everything, so they saved approximately $1,841 on that.”

Sheldon said between the City’s allocation of $5,000 toward the program in 2022, a Chautauqua Region Community Foundation grant of $8,000, and donations of $3,000; the Chautauqua County Humane Society had enough funds for the program. He added that the City has also allocated $5,000 for the program in 2023.