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.

1061 Allen Street

An Allen Street industrial property in danger of collapsing is also under investigation by the State Department of Environmental Conservation and Environmental Protection Agency for contamination.

The property is located at 1061 Allen Street is owned by Allen Street Development LLC whose principal owners are Richard Rusiniak and his wife of Cheektowaga. The building used to be part of the former Crawford Furniture’s complex.

Jamestown Director of Development Crystal Surdyk said the City has cited the property numerous times in Housing Court, with Friday, January 21 being the most recent appearance. Mr. Rusiniak, nor any associates, appeared at Friday’s hearing.

Surdyk said the City is trying to get Mr. Rusiniak to secure the property and make it safe, “We have been working with the EPA and now the DEC on really assessing the site and determining what and where the potential hazards are. There are known hazards. It’s really just a matter of getting that full assessment of where all that is located. The building itself, a large portion of it, is collapsing and so there is serious concern there.”

Surdyk said they have serious concerns that if the building collapsed, anyone inside could be injured, “We also have a very serious concern about fire. It is attractive because you can enter the premises and there’s a lot going on in there. There have been some known thefts. So it’s a potential fire hazard, so it’s just an attractive nuisance.”

Surdyk added the City would like to see a controlled demolition of the back portion of the structure. She said the brick structure closer to Allen Street is in good shape and could be redeveloped.

She said with the property being located in a Brownfield Opportunity Area and its history of being part of furniture manufacturing, she contacted the EPA for guidance, “That led them to decide that they needed to take a closer look at it. The ended up coming down and doing their own independent investigation. They actually are in town right now [Friday] doing some additional investigation. We met with them yesterday and the DEC on site. The DEC has a history with this property owner. There are a number of other properties they have been working with him on to get cleaned up.”

Surdyk added the EPA is also doing an assessment and testing with all agencies collaborating to ensure all hazards are mitigated. She said the DEC and EPA are each pursuing independent actions against the property owners.

In Housing Court, Judge George Panebianco adjourned the case until Friday, February 4 in hopes that the property owners would appear and also ordered that Mr. Rusiniak should continue clean-up of the junk and debris on the site.

Housing Court

Director of Development Crystal Surdyk told the City Council Housing Committee that Judge George Panebianco will be hearing 15 cases a week, which is up five cases a week from last year.

Council member Marie Carrubba said while the regular evictions for public health and safety issues have not stopped, the eviction moratorium for tenants who were unable to pay rent due to financial hardships caused by the Pandemic is ending Saturday, January 15.

Governor Kathy Hochul said in a briefing Tuesday that the eviction moratorium will likely expire Saturday as planned without intervention from her office or the State Legislature.

She added she is asking the federal government for more rent relief to aid landlords and tenants ahead of the likely expiration of the moratorium.

The New York State Office of Temporary Disability Assistance announced it has reopened its Emergency Rental Assistance Program even though officials said it needs additional funding to support the backlog of existing and future applications.

Hochul said New York State only received $27 million of the $1 billion it sought from the Federal government.

New York will be joining other states in sending a joint letter to U.S. Treasury Secretary Janet Yellen to request additional federal funding.

Jamestown City Council

Jamestown City Council overrode two budget vetoes related to increasing wages for two management positions and funding for the Jamestown Urban Renewal Agency in a special meeting Monday night.

Council member at large Kim Ecklund recommended to Mayor Eddie Sundquist that a committee be established to review all salaries. Sundquist said the salary commission is scheduled to be established in 2022 to review elected and appointed position salaries.

Other vetoes presented by Mayor Sundquist including restoring $6,000 to the Humans Right’s Commission, over $9,000 for the Mayor’s travel, education and stationary budget; and $10,000 for building maintenance failed to receive the six votes needed in order be overridden by Council.

Council member at large Jeff Russell said before the vote to override the restoration of funding to the HRC that he hasn’t found where the city has funded a line item for citizen boards and commissions, “I think about the Veterans Commission or the Planning Commission and there are no other commissions that are having monies that allocated to them. If this passes tonight then I’m recommending that these commissions step forward and also request funding. I feel like there’s some favoritism going on, or some of the good ol’ boy network going on with this strictly picking one commission out and funding that commission. I don’t think is right and I can’t support that.”

Council President Tony Dolce said he wasn’t surprised by the outcome of the votes given that some of the amendments that were vetoed had only passed with a simple majority of votes before on budget night.

He added that because council couldn’t override the veto regarding funding the HRC, it sets a precedence, “I had asked the Mayor if they needed money for a particular event that they were planning that they put down in writing how much specifically they’d need. And that they could come back to and ask for money be allocated, but just to give a carte blanche $6,000 I think was the wrong move. But again, you know, that’s people’s independent vote on that.”

Dolce said a budget amendment will be presented at Council’s voting session on December 27 in order to allocate the $25,950 in funds that were restored by the Mayor’s vetoes, “We’ll just have to make that adjustment and find somewhere in the budget, whether it be sales tax, whether it be it insurance, other areas where you pull from there. I would assume it’ll pass. It’ll have to. We don’t have a choice.”

Only a simple majority is needed to pass the budget amendment.

Council also voted to amend the appointment of City Court Judge George Panebianco to a ten year term.

Council member Brent Sheldon voted no on the resolution, citing the inequity in one city court judge being able to be appointed for a 10-year term while the other judge must run for election for their term, “New York State has had seven years to correct this aberration where we have an appointed position for ten years. And they have not. Our Assemblyman Andrew Goodell has fought for this and has not been successful. I cannot support appointing someone to a ten-year position.”

Council President Dolce said the City was informed by the state that Panebianco had to be appointed not just to fill the unexpired term of City Court Judge Fred Larson but to also be appointed to his own 10-year term.

George Panebianco

Jamestown City Council appointed attorney George Panebianco as a City Court Judge last night. Panebianco will replace Judge Fred Larson on January 1st. Larson has reached the mandatory retirement age.

Panebianco has worked in law for 32 years, spending over 27 of those years at Lewis and Lewis. His term expires March 31st, 2024. He had previously served as a City Court Judge from 2004 to 2014.

JAMESTOWN – Jamestown Mayor-elect Eddie Sundquist has put together a Transition Team and established a series of public input sessions as he prepares to launch his initial mayoral term on Jan. 1.

During a special announcement Friday morning at the National Comedy Center in downtown Jamestown, Sundquist was joined by several supporters and members of his transition team. According to Sundquist, his transition team is a voluntary committee designed to create a community conversation on his priorities, evaluate current city operations, and provide suggestions and recommendations for immediate and long term goals to help ensure a smooth transition from one administration to the next. He also said the team is non-partisan and includes representatives from a variety of community organizations and businesses will be broken down into four subcommittees.

Sundquist said the team will be focused on his top priorities for 2020:

• Creating a City for the Future;
• Strengthening Housing Initiatives and Supporting or Neighborhoods; and
• Tackling Financial Burdens.

“We are embracing openness as we focus on creating the Jamestown of the future,” Sundquist said. “To do that we will build on our strengths, work collaboratively with community partners, businesses, neighborhoods and employee groups. Community input is not only welcome, it is strongly encouraged. We hope to have a good turnout for these public meetings, and I am very pleased with the Transition Team that has been assembled.”

Economic and Business Development Subcommittee

• Rich Dixon, Chief Financial Officer with the County of Chautauqua Industrial Development Agency
• Greg Edwards, Chief Executive Officer of the Gebbie Foundation
• Tory Irgang, Executive Director of the Chautauqua Region Community Foundation
• Ricky Turner, President of Blackstone Advanced Technologies.

Housing and Public Safety Subcommittee

• Len Faulk, Professor Emeritus at SUNY Fredonia
• Rev. Luke Fodor, Rector at St. Luke’s Episcopal Church
• Dr. Lillian Ney, former City Council Chair, and former Medical Director and VP of Medical Affairs and Cardiology at WCA Hospital
• Taylor Scott, real estate agent with ERA Team VP Realty.

Financial Stability Subcommittee

• Tom Benson, Managing Director of Vineyard Group, LLC
• Maria Kindberg, Dean of Arts Humanities, & Health Sciences at Jamestown Community College
• Todd Tranum, President and CEO of the Chautauqua County Chamber of Commerce and Executive Director of the Manufacturers Association of the Southern Tier
• Kristy Zabrodsky, shareholder of Buffamante Whipple Buttafaro, P.C.

City Operations and Human Resources Subcommittee

• Andy Johnson, Senior HR Advisor at TitanX Engine Cooling
• Peggy Kaltenmeyer, owner of Forté the Restaurant
• George Panebianco, President of Lewis & Lewis
• Patrick Smeraldo, Teacher/Education Consultant at Jamestown Public Schools/Chautauqua Connections Inc.

Serving as Communications and Public Relations Liaison for the Transition Team is Sheila Webster, Director of Marketing, Communications, and Governmental Affairs for the Chautauqua County Chamber of Commerce.

Public meetings have been scheduled for December to get input and recommendations from the community. They will be held from 6:30 to 8:30 p.m. as follows:

• Economic and Business Development Subcommittee, Thursday, December 5, at Jefferson Middle School
• Housing and Public Safety Subcommittee, Tuesday , December 10, at Washington Middle School
• Financial Stability Subcommittee, Wednesday, December 11, at Persell Middle School
• City Operations and Human Resources Subcommittee, Tuesday, December 17, at Jamestown High School.

“The purpose of these sessions is to listen and to open a dialogue. Primarily, we are seeking input, recommendations, and comments relative to each subject area. This will provide the subcommittees with crucial information as they begin their evaluation process in early January,” Sundquist said. “The experience and diversity of backgrounds in this group is a great starting point. We not only welcome, but invite, all input from all residents of Jamestown.”

Officials with the National Comedy Center meet with the Jamestown Public Safety Committee to discuss the downtown block party that is planned for Friday and Saturday, Aug. 9 and Aug. 10 in downtown Jamestown.

JAMESTOWN – The Jamestown City Council’s Public Safety Committee has given approval for the National Comedy Center’s (NCC) Block Party to run until 11 p.m. both Friday and Saturday nights.

The events, which are part of the NCC’s Lucille Ball Comedy Festival and include live music, will take place in front of the Comedy Center at the 2nd Street Piazza, near the intersection of Second and Washington Streets.

Late last month the NCC sent its request for a variance for allowing its block parties to continue until 11 p.m. According to city code, any special event involving an outdoor activity is required to end no later than 10 p.m. unless the Public Safety Committee is willing to grant a variance. Following a discussion before the July Jamestown City Council voting session on July 29, the three-member committee of Maria Jones, Tamu Graham Reinhardt and Vickye James denied the request.

After receiving word of the denial, NCC officials, including executive director Journey Gunderson and board member George Panebianco, appeared before the committee and made their case in person for extending the block parties until 11 p.m., saying that during the past seven years the block parties had always been permitted to last until 11 p.m.  They also said the block parties have never had a public safety issue and have become a key component of the festival by giving both residents and visitors something extra to do when coming downtown.

NCC Board member George Panebianco (right) discusses the NCC’s block party with the city’s Public Safety Committee.

“We carried that ball up the hill and we finally opened the doors [to the National Comedy Center] and we’re finally gaining success. We get people who want to come to this community. I don’t think asking for an extra hour to get time together to celebrate as a community and as a group is that extraordinary. We would just ask that you use your discretion and use your power to let us stay open,” Panebianco said.

Not everyone who spoke was in favor of the extension to 11 p.m. City councilman at large Andrew Liuzzo, who is not on the Public Safety Committee, was in attendance and said that having the block party open an hour longer means it takes away an hour of business from downtown restaurants and bars, that benefit from the festival events.

But Panebianco countered that if the block parties weren’t taking place, it increases the likelihood of many attendees just going home after they’ve attended an event, rather than staying downtown.

Councilwoman Graham-Reihnardt explained that part of the reason for the denial was because there didn’t seem to be a system in place or a list of criteria for city officials to follow in order to determine when a variance should be granted, adding she didn’t want it to seem like the committee was simply favoring the NCC over other organizations and applicants that could also come forward to request a variance but get turned down.

After a lengthy discussion with the NCC officials, the committee made the decision to authorized the variance and both the Friday and Saturday block parties will run until 11 p.m.

Councilwoman Jones, who also chairs the committee, said following the meeting that officials should look to create a formal list of criteria that would be necessary before any such variances can be given in the future, and that would include talking with downtown establishments to get their opinion on the impact such a decision would have on their businesses.

“I think it warrants an investigation of really looking at the process and how it should be and could be.  We know we’re never going to make everybody happy with it, but I think we need something a little more consistent and something that is clear. I don’t think we have that product now so I think we should work at it this year and see if we can pull this off,” Jones said.

George Panebianco, board member of the National Comedy Center, sits before the Jamestown Zoning Board of Appeals during a special hearing that took place Thursday June 21 in Jamestown.

JAMESTOWN – The Jamestown Zoning Board of Appeals has approved the variance and special use requests from the National Comedy Center to install two large electronic signs on the facade of the facility.

Much of Thursday’s hearing focused on testimony from the NCC, which was provided by board member George Panebianco, although both executive director Journey Gunderson and board chair Tom Benson were also both in attendance. Panebianco offered reasons for why the NCC waited until the eleventh hour to make the requests to the board, as well as why no officials from the NCC attended a regular zoning board meeting earlier this month.

“To be clear, I acknowledge that there have been some mistakes and miscommunications between the National Comedy Center and the city of Jamestown regarding these signs,” Panebianco said in his opening statement. “We apologize for the process being delayed and the unnecessary controversy that has come with it. while there may be differences in how the law should be interpreted, it is our full intent to address the board, provide it with the appropriate information so that a positive determination can be made.”

Panebianco explained that there was a misunderstanding in regards to the zoning variance for the signs because the city planning commission had signed off on plans for the building in 2015 after the city code was updated to specifically address the signs.

“Section 300-0706 was created in April 2015 for the specific purpose of allowing those signs to come in. And what they did was they exempted the comedy center from that as long as there was site approval. That was passed on April 27, 2015,” Panebianco noted.

The National Comedy Center in Jamestown, NY will open on Aug. 1, 2018.

However, Zoning board member Jim Olson – who also served as Jamestown city clerk and worked in city government for over 30 years before retiring last summer – felt that the 2015 change in the code only addressed a portion of the NCC request involving the installment of the signs. He said once the new city code involving signs was adopted at the start of 2017, the NCC waited over a year before finally making its request for the variance and special use permit.

“Why are we sitting here with less than 60 days before opening, if city officials encouraged you to come in to do this in 2017 after the new code was put in place. Why did you guys wait so long,” Olson asked.

In response to Olson’s question, Panebianco said the NCC felt the city was wrong in requiring officials to come back and request the variances and special use permit for the signs, based on the prior approval of the site plans.

“Maybe we could have brought a lawsuit and went to court and decided whether we would have to come and do this, but we sat down with the city and we said, ‘Okay. We’ll put forward this application.’ We wanted to be compliant and we want to do everything we can for the safety, the health, and the welfare of this community and also for the betterment of the development of the west side of this community,” Panebianco said.

Later during the hearing, he reiterated the NCC’s commitment to working with the city.

“I’m sorry you had to go through this and I’m sorry we had to go through this. It was not our intention and if there were differences, I’m sorry it took so long and I’m sorry that we’re here. But we are here asking for your approval, with the clear understanding that we will be compliant with anything that furthers the safety of our citizens,” Panebianco said.

Following over an hour of testimony, questions, and public comment from six different individuals including Gebbie Foundation Executive Director Greg Edwards, the board voted on the two variances a final vote was 5 to 1.

Despite voicing his concerns with the process and how it felt like the NCC was thumbing its nose at the city by continuing to erect the screens for the sign even though a variance wasn’t yet granted and a cease and desist notice had been issued by the city, Olson put forward a reluctant “yes” vote.

The only board member to vote no was Richard Hanson, who said his reason was due to traffic safety concerns because the signs may have a negative impact on southbound traffic along Washington Street, which is a state route located right next to the NCC building and which sees significant traffic.

However, the zoning board pointed out that if the state DOT felt it was a significant hazard, it would be able to stop the usage of the signs – despite them receiving a variance and special use permit from the city.

Following the hearing, Panebianco said the NCC is obviously looking forward to completing the project in time for its grand opening on August 1.

George Panebianco

JAMESTOWN – Jamestown High School has announced the Commencement Speaker for this year’s graduation ceremony at Chautauqua Institution.

School officials say George Panebianco, Esq. – a 1982 Jamestown High School graduate and long-time supporter of Jamestown Public Schools – will deliver the 2015 commencement on Friday night.

Panebianco is currently the President and Managing Partner of Lewis & Lewis law firm and is responsible for managing five law offices located in Buffalo, Niagara Falls, Batavia, Jamestown and Olean.

Panebianco currently is a member of the New York State Trial Lawyers Association, Erie County Bar Association and Jamestown Bar Association. He also serves as an executive member of the New York State Bar Association’s Worker’s Compensation Committee, aimed at improving the lives of injured workers and accident victims.

In addition to his work at Lewis & Lewis, Panebianco was also chosen to serve as City Court Judge in Jamestown from 2004 to 2014. He is also active in the community, serving on several nonprofit boards including the National Comedy Center, the YMCA of Jamestown and the Italian-American Charity Golf Committee. In addition, he has served as Youth Baseball Coach for over 30 years, including the current Cal Ripken Baseball League.

Jamestown High School’s Commencement Ceremony will be held this Friday at 7 p.m. in the Chautauqua Institution Amphitheater.