A map highlights the BPU Substation property proposed for annexation, with the red line illustrating Tiffany Avenue, the border between the city and the town of Ellicott/Village of Falconer.

MAYVILLE – A State Supreme Court Judge has made a procedural ruling regarding the case involving the annexation of the Jamestown Board of Public Utilities Dow Street Substation property in the Town of Ellicott.

On Friday, Supreme Court Judge Lynn Keane issued a ruling favoring the BPU as part of an Article 78 proceeding, with the Town of Ellicott and Village of Falconer challenging the certification process for moving forward with the annexation, along with whether or not the property even qualified for annexation.

Specifically, Ellicott and Falconer argued through their attorneys from Harris Beach PLLC that the annexation petition from the city does not comply in form and content with the requirements of the New York State Municipal Annexation Law and as a result, it ought to be vacated and annulled. The town and village argued that the city property assessor’s certificate for the property did not satisfy state law.  But Keane ruled that it in fact did.  She also ruled the property was eligible for annexation, despite Ellicott attorneys arguing that the property isn’t adjacent to the city line because a road separates the property from adjoining to the city boundary. Under state law, municipalities can only annex properties that are adjacent to their own boundaries.

The ruling does not involve whether or not the annexation is in the “overall public interest.” That argument can still be made by Ellicott and Falconer and it would have to be made in State Appellate Court, as explained in Section 712 of New York General Municipal Law:

“In the event that one or more but not all of the governing boards of the affected local governments shall determine that it is not in the over-all public interest to approve the proposed annexation, the governing board of any other affected local government may apply to the appellate division of the supreme court for adjudication and determination, on the law and facts, of the issue of whether the proposed annexation is in the over-all public interest.”

However, before making that argument in the State Appellate Division, the Town of Ellicott/Village of Falconer also has the legal option of challenging the recent Article 78 ruling through an appeal. If that happens, the matter will have to be argued in State Appellate Court before the main argument against the annexation – which is that it is not in “the overall public interest” – can proceed.

The annexation saga has been ongoing for the past several years.  City officials have argued that by annexing the property into the city limits, the Board of Public Utilities would save an estimated $160,000 each year in property taxes, thus saving money for all utility customers in the service area. They also claim such a move is in the overall public interest due to the city having a professional public safety department that could better respond to any safety emergencies that occur on the property.

Ellicott, Falconer, and the Falconer School District are all opposed to the annexation, saying it is nothing more than a money grab by the city.

As a result, the issue has to be taken up by the State Appellate Division in Rochester. The matter was already taken up by the appellate division once before, but in August 2019 it threw the case out on a technicality regarding the timeliness of the petition filing and as a result, it never ruled on if it was in the overall public interest.

The legal fees for the previous annexation approached a combined $750,000. The law firm Bond, Schoeneck and King is handling  the case for the BPU, but Mayor Eddie Sundquist has said this time they wont charge more than $75,000 from start to finish in this current annexation effort.

Legal representatives for both the city and the sides opposed to the Annexation (Ellicott, Falconer, and the Falconer School District) appeared before the 5-members of the New York State Supreme Court Appellate Division – Fourth Department.

• WATCH THE ORAL ARGUMENTS ON COURT’S YOUTUBE CHANNEL

At issue is the city wanting to annex the Jamestown Board of Public Utilities (BPU) Dow Street Substation property, which it claims is eligible for annexation because it has an access point along the city line with the township. The substation serves as the interconnection point between the local Jamestown-service area power grid and the state electric grid.

Currently the city – through the BPU – pays approximately $325,000 annually in taxes on the property. If it were to be within Jamestown the BPU would not have to pay any taxes and would instead pay about $80,000 in PILOT payments to BOTH the city and the Jamestown School District – resulting in a net savings about at $160,000 each year. The town, village and school district all oppose the annexation because of the financial impact it would have on their annual revenue lines.

In late August 2017 the Jamestown City Council unanimously approved the annexation and in early September 2017, both the village and town disagreed with the annexation effort and voted against it. As a result, the city filed to have the settled in court to determine whether or not the annexation can occur.

A map highlights the BPU Substation property proposed for annexation, with the red line illustrating Tiffany Avenue, the border between the city and the town of Ellicott/Village of Falconer.

To make its case for the annexation, the city argues that it is in the public’s interest because the city’s own professional public safety employees would be better capable of responding to any emergencies that take place on the property. In addition, the city claims all BPU electric customers, including those that live in Ellicott and Falconer, would benefit because the annexation would reduce costs to the BPU’s electric division and that would have a positive impact on future electric rates.

Prior to Wednesday’s oral arguments, a three-member “referee” panel assigned by the court heard both sides of the annexation argument during a preliminary hearing last fall.  It was learned on Wednesday that the referee’s recommendation was in favor of dismissing the annexation effort on the grounds that it was not in the interest.

Part of the argument by the town, village and school district against the annexation is that the city’s filing to have it settled by the court didn’t occur within appropriate timeline, under state law. The opposition’s attorney, Pietra Zaffram from the law firm Harris Beach, said the city failed to initiate court action on time because it didn’t act within 30 days of the village and town’s vote against the annexation.

“The city was on notice. The notice of the meetings were made public. There was a significant amount of press on this issue. They had actual notice that there was a disagreement. And a fair and accurate reading of the plain-read of this state statue required those filings. They knew, or should have known based on a plain-read, that those filings would have to occur by virtue of that disagreement,” explained Zaffram, who added that it wasn’t the obligation of the town or village to immediately notify the city once they voted against the annexation. “We had no duty and, respectfully, we’re not operating in a vacuum here. This was a matter of public record for all parties involved and, again, it was significantly covered in the press.”

Meanwhile, the city’s attorney, Stephanie Campbell from Bond, Schoenick and King, argued that the city did initiate court action on time because they filed within 30 days of the annexation disagreement being sent to and filed by the county clerk. For the city, that is when the 30-day window began. As a result, that is something the court will have to consider as part of its upcoming ruling on the annexation.

But beyond the argument of whether or not the city filed on time, Zaffram also argued the property isn’t eligible for annexation because it doesn’t actual sit adjacent to the city line, which is required under state law. She said the center of Tiffany Avenue is the official border between the city and the town, making the east side of the road owned by the Town of Ellicott.

“The borderline is the center line of the road,” Zaffram explained. “You have a portion of the road that happens to be adjacent to the egress point of the BPU substation parcel, and then the remainder of that parcel is also included in the proposed area. Pursuant to whether or not a property is adjoining, that intervening highway prevents the contiguity, or the adjoining nature of the properties, that is a threshold requirement for annexation under [state law].”

And Zaffram also argued that the city doesn’t even own some of the property it is seeking to annex, but instead leases it from National Grid.

“My opponent is focused on this being such an important crucial part of the city’s infrastructure, and they want to maintain control and investment in the city. But there is a problem because the interconnection point to the grid, which is a critical piece of this property, is not owned by the city. If you had full, complete control perhaps that would be a distinguishing factor. You don’t have that here. That interconnection point, which is the most critical point of the property, isn’t even owned by them,” Zaffram explained.

Campbell, meanwhile, maintained that the issue of public safety was the key point in determining if the property is eligible for annexation.

“The interests of the property are to be located within the municipality that is most capable of providing it within municipal services,” Campbell said in her closing statement. “That is what the referees failed to consider. We would ask that you reject the report and recommendations of the referees and find that the proposed annexation is in the overall public interest.”

Anyone wishing to watch the full 25 minutes of arguments before the court can do so at the Four Department’s archive page of its website. The video should be posted by Monday, April 15.

The BPU has committed $405,000 in legal fees toward the case. According to the Post-Journal, the sides opposing it have paid a combined $320,000

A decision on the annexation from the Appellate division could come within a month.

A map depicting the BPU substation property (in red) that sits adjacent to the border between Jamestown and Village of Falconer/Town of Ellicott.

ROCHESTER – The two sides involved in a contentious annexation case involving a piece of City of Jamestown-owned property in the Town of Ellicott/Village of Falconer will finally get their day in court today in Rochester.

The New York State 4th Appellate Division will hear arguments involving the proposed annexation of the Jamestown Board of Public Utilities’ Dow Street Substation property.

In early 2017 the BPU announced it was looking into the possibility of the annexation and by June of that year a public hearing was held. Two months later in August, the Jamestown City Council unanimously approved a resolution to annex the property.

The city’s claims it is within its right to annex the property because it already owns it and a portion of it is adjacent to the city line with the village of Falconer, which sits in the town of Ellicott. The city is also claiming the annexation would be in the public interest, primarily because of public safety provided by the city’s professional fire department – should an emergency ever take place at the location.  And as part of the public interest claim, the city says the annexation would help to stabilize electric rates for all of its customers – including those that live in Ellicott/Falconer.

Currently the city – through the BPU – pays approximately $325,000 annually in taxes on the property. If it were to be within Jamestown the BPU would not have to pay any taxes and would instead pay about $80,000 in PILOT payments to BOTH the city and the Jamestown School District – resulting in a net savings about at $160,000 each year.

Officials from Falconer, the Town of Ellicott, and the Falconer School District have all objected to the proposal because of the loss of tax revenue that would occur.  As a result the dispute has to be settled in the state appellate court.

The BPU has committed $405,000 in legal fees toward the case. According to the Post-Journal, the sides opposing it have paid a combined $320,000.  Jamestown is being represented by the law firm Bond, Schoeneck, & King while Falconer and Ellicott are being represented by Harris Beach LLC.

Once arguments are made today, the justices of the court will weigh the information provided and could bring a decision forward before the end of this month or in early May.

A map depicting the BPU substation property (in red) that sits adjacent to the border between Jamestown and Village of Falconer/Town of Ellicott.

JAMESTOWN – The cost of the Annexation issue between the city of Jamestown and town of Ellicott, Village of Falconer and Falconer School District is costing taxpayers and local utility customers more than $450,000.

At issue is the city’s effort to annex a piece of property owned by the city, the Jamestown Board of Public Utilities Dow Street Substation, which sits in Falconer near the city line. The city claims it is in the public’s best interest to have the property annexed into the city, while the neighboring municipalities and school district claim it is simply a money grab for the city in an effort to avoid paying taxes on the property. The matter is currently awaiting a review and ruling from the State Supreme Court Appellate Division, Fourth Department in Rochester.

On Monday the BPU increased the amount of money it will likely spend on legal fees in the annexation case by $110,000 – bringing the new total for the city’s share to $280,000.

WRFA has since reached out to the Village of Falconer, Town of Ellicott, and Falconer School District to learn how much each of those three municipalities have spent.

Falconer School District superintendent Steve Penhollow tells us the district has committed $112,930 to this point.

According to Ellicott Town Clerk Mike Elrlandson, the town has spent $12,060 to date on the annexation.

Meanwhile, Falconer village clerk Anna Fales says village has spent $51,997.34 through the end of may, though additional costs are expected once the village is billed for the months of June, July and August.

Combined with what Jamestown has committed through money from the BPU electric Division, the total amount in legal fees spent on the annexation issue is $457,000, with more expected to be spent before the process is over.

More than 200 people were on hand for a joint public hearing on the proposed annexation of the BPU’s Dow Street Substation Property. The hearing was held at Falconer Central School Monday night, June 12, 2017.

The city has retained the law firm Bond, Schoeneck, and King as its outside council. The side fighting the annexation has retained the law firm Harris Beach PLLC.  The law firms were not only brought in to help prepare for a June 2017 Public Hearing on the matter, but have also been retained to assist with the matter as it proceeds through the court process.

SAVINGS FOR BPU, LOST REVENUE FOR CITY’S NEIGHBORS ON THE LINE

While some argue the ever-increasing legal fees connected to the case is an exorbitant amount, even more money is on the line when it comes to the possible outcome of the annexation.

According to a 2017 report from the Post-Journal, of the $322,090 the BPU paid in annual property taxes, $153,852 went to the Falconer School District; $68,789 went Falconer; $67,217 went to the county; and $32,232 went to Ellicott. The totals are all less than 1 percent of the total operating budget for each, except for the village of Falconer, where the total BPU tax payment comprises just over 5 percent of the total revenue for the village’s operating budget.

If the Appellate Court were to rule in favor of the annexation proceeding, the BPU would save around $160,000 a year because it would no longer be making property tax payments, with the city and the Jamestown School District receiving a tax equivalency payments of around $80,000.  Over the next decade, the BPU would save more than $1.6 million. The city of Jamestown and Jamestown School District would also see an additional $800,000 each over the next decade.

Meanwhile, the Falconer School District would be the biggest loser, with over $1.54 million lost over 10 years. The village of Falconer also stands to lose an estimated $688,000 over the same time period and Ellicott would lose $323,000.  That lost revenue would have to be made up for through cuts in local services and/or increased taxes for the local property owners.

AN OUTCOME TWO YEARS IN THE MAKING

It was in January 2017 when it was first announced the BPU would be looking into the annexation and the Jamestown City Council unanimously voted to annex the property in August 2017.

In early September 2017 the Falconer Village Board voted against the annexation and the Ellicott Town Board did the same. As a result, the matter has to be settled in state appellate court.

The court in Rochester has yet to set a date for when oral arguments in the case will take place, but Jamestown Mayor Sam Teresi said Monday night that things are moving forward with preliminary meetings and a hearing schedule for September and October. All that will be in preparation for oral arguments before the Rochester-based appellate court, likely in November.  After that, the decision from the Appellate Court could come by the end of this year or in early 2019, two years after the process got underway.

The Jamestown Board of Public Utilities and staff during the Aug. 27, 2018 board meeting.

JAMESTOWN – Legal fees in the annexation case between the city of Jamestown and the Town of Ellicott / Village of Falconer continue to climb.

On Monday afternoon the Jamestown Board of Public Utilities unanimously approved a $110,000 change order for the law firm Bond, Schoeneck, and King related to the case going before the Appellate Division, Fourth Department at some point later this year.

The approval by the board came with no discussion or comment from board members and only a brief explanation from BPU General Manager David Leathers. The change order also was not included on the prefiled agenda that had been posted on the BPU website for the public on Friday, and instead was only included on the printed agenda that was provided at the start of Monday’s BPU meeting.

Total legal fees for the city’s representation in the case are now set at $280,000. That figure represents the spending limit for the designated law firm and not the actual amount that has been paid.

“It was anticipated and it is what it is. Justice, sometimes, and working through the legal system is certainly not inexpensive,” explained Jamestown Mayor Sam Teresi, who is also president of the BPU.

The money comes from the BPU Electric Division and not the city general operating budget, meaning revenue collected from all BPU customers, both inside and outside of the city, is being used to pay the city’s legal fees in the case.

It is not known how much the village of Falconer, Town of Ellicott, or Falconer School District have paid in legal fees for representation from Harris Beach PLLC.  WRFA has reached out to those three parties in an effort to get the total cost of fees for their side in the case.

A map depicting the BPU substation property (in red) that sits adjacent to the border between Jamestown and Village of Falconer/Town of Ellicott.

It was one year ago that the Jamestown City Council unanimously voted to annex the BPU Utilities’ substation property located in Falconer, with a portion of the land being adjacent to the border between the village and the city. The city had argued that because the property sits on the village line with the city and is owned by the city, it is eligible for annexation.

In early September 2017 the Falconer Village Board voted against the annexation and the Ellicott Town Board did the same. As a result, the matter has to be settled in state appellate court.

If the annexation is approved, the BPU would save around $160,000 a year in property tax payments, with the city and the Jamestown School District receiving tax equivalency payments of around $80,000 from the BPU.

• RELATED: Audio of June 2017 Public Hearing on Annexation Proposal

As WRFA reported last week, the court has yet to set a date for when oral arguments in the case will be made before the court, but Mayor Sam Teresi said that things are moving forward with preliminary meetings and a hearing schedule for September and October. All that will be in preparation for oral arguments before Rochester-based court, likely in November.

“A hearing now has been set. A three-member ‘referee’ panel [from the Appellate Court] will be meeting in early September in preparation for a hearing in October with all parties,” Teresi said, noting that the hearing will likely take place in Mayville. “A report will then be sent on to the Appellate Division, which we expect will then be meeting before the end of the year in Rochester to hear final oral arguments, with a decision to be rendered, we hope, if not by the end of the year then by early next year.”

A map depicting the BPU substation property (in red) that sits adjacent to the border between Jamestown and Village of Falconer/Town of Ellicott.

ROCHESTER – It’s still not known when a state appellate court will hear arguments involving Jamestown’s proposed annexation of a piece of city-owned property located in the village of Falconer / Town of Ellicott.

The Appellate Division of the New York Supreme Court – 4th District in Rochester released its October calendar earlier this week and, yet again, the annexation case is not on the docket.

It was one year ago that the Jamestown City Council unanimously voted to annex the Jamestown Board of Public Utilities’ substation property located in Falconer, with a portion of the land being adjacent to the border between the village and the city.  The city had argued that because the property sits on the village line with the city and is owned by the city, it is eligible for annexation. In early September the Falconer Village Board voted against the annexation and the Ellicott Town Board did the same. As a result, the matter has to be settled in state appellate court.

Since September 2017, officials and attorneys from both sides have prepared their arguments and presented evidence in the case and have been waiting on the court to schedule a hearing for oral arguments to be presented.

Sam Teresi

“We’re hoping for the November-December term of the fall calendar so this can get moving,” Jamestown Mayor Sam Teresi recently told WRFA. “Both sides have submitted written arguments and any additional supplement papers that the court has asked for. Now it’s a matter of getting it on the calendar and having oral arguments in the appellate division.”

The city is being represented by the law firm Bond, Schoeneck, & King, while the village and town are being represented by Harris Beach PLLC.

Ironically, property owners in the town of Ellicott and Falconer who also have BPU service are helping to pay for the attorneys on both sides, since their local tax dollars are being used to help pay for the services of Harris Beach while their BPU payments are being used to pay for representation from Bond, Schoeneck & King.  So far the expenses for the city’s legal representation in the case is $130,000. No word on how much Falconer and Ellicott have spent on their attorneys for the annexation case.

According to the BPU, the Dow Street substation property is assessed at more than $7.8 million. Currently, the BPU electric division pays approximately $322,100 a year in real property taxes to the county, town of Ellicott, village of Falconer and Falconer Central School District. If the property was annexed and included in the city, then the BPU would save around $162,000 a year – because the BPU would make tax equivalency payments to both the city and Jamestown school district.

Ever since first being proposed by the BPU in January as a way to help save money the annexation proposal has garnered controversy and strained relations between the city and its neighbors in Ellicott and Falconer.

Falconer Central School Superintendent Stephen Pennhollow.

“I have no problem with the city seeking to find other ways to increase revenue. No problem whatsoever. I applaud you in those efforts,” Falconer School Superintendent Steve Penhollow said during a public hearing on the matter in June 2017. “But when you’re sources of revenue are coming from our revenue sources, that is not what neighbors do and that is not how neighbors treat other neighbors and I find a bit of concern with that.”

The city has also argued that the annexation is in the public’s interest, partly because the property would fall under the jurisdiction of the professional Jamestown Fire Department, rather than the Falconer Volunteer Fire Department. The city has a professional fire department with fire crews at the station 24 hours a day. Falconer has a volunteer fire department that requires volunteers to be called to the station before being sent out on an emergency call.  Attorneys for the city stated during a June 2017 Public Hearing that this could affect the response time on a fire call, should an emergency call be made to the substation. Falconer and Ellicott officials have countered by saying  the Falconer Fire Hall is the closest to the property, adding that firefighters from the nearest station in Jamestown would have to cross a rail line in order to get to the property, which could impact response time.

A map depicting the BPU substation property (in red) that sits adjacent to the border between Jamestown and Village of Falconer/Town of Ellicott.

JAMESTOWN – The legal battle between the city of Jamestown and the Town of Ellicott/Village of Falconer over the proposed Annexation of the Board of Public Utilities Dow Street Substation could be moving forward later this month.

Jamestown Mayor Sam Teresi recently told WRFA the the New York 4th Appellate Division court in Rochester has requested the Town and Village submit all its legal briefs and related documents involving the case by no later than March 15.

Once all the written arguments and other related documents have been submitted, the court will then review the information before setting a date for oral arguments to be presented by attorneys representing both sides.

Last year the Jamestown City Council voted to annex the BPU-owned property that is located between Tiffany Ave. and Dow St. in the Town of Ellicott/Village of Falconer and is adjacent to the city line.

The city wants to annex the property because officials say it will result in an annual savings, that would in turn help to stabilize rates for electric customers.  Officials also say that public safety would be improved by having the property in the city’s jurisdiction, which means the city’s professional fire department would be able to respond to any emergencies at the location.  Currently the Falconer Volunteer Fire Department is responsible for being the first responder to the location.

The property is already owned by the city but because it is located in the adjacent municipality of the town of Ellicott/village of Falconer the city is required to pay property taxes to the town and village, as well as the Falconer Central School District and Chautauqua County. By annexing the property, the BPU could save an estimated $160,000 a year and the city of Jamestown and Jamestown School District would each get an estimated $80,000 a year via a payment in lieu of taxes from the BPU.

Both Ellicott and Falconer officials oppose the annexation, which is why the matter has gone to court.

The BPU has so far committed $130,000 so far to the law firm of Bond, Schoeneck, and King to represent the city in the matter.  The village of Falconer and Town of Ellicott have hired Harris Beach PLLC as legal counsel.

A date for when arguments in the case will be made has not yet been established.

The substation is owned by the BPU and sits on a four-acre piece of property inFalconer / Town of Ellicott, but would fall within the border of the city of Jamestown should the annexation take place.

More than 200 people were on and for a joint public hearing on the proposed annexation of the BPU’s Dow Street Substation Property. The hearing was held at Falconer Central School Monday night, June 12, 2017.

• MOBILE APP USERS: LISTEN HERE

The hearing was hosted by the Jamestown City Council, the Falconer Village Board, and the Ellicott Town Board and included a presentation from the BPU as to why the annexation was being pursued, featured arguments from legal council for both sides as to why the annexation should or should not take place, and also saw 29 members of the public offer their thoughts on the issue with none speaking in favor of the annexation.

BPU General Manager David Leathers during Monday night’s annexation public hearing.

During his presentation, BPU General Manager David Leathers told the audience that the annexation would help provide increased financial stability for the BPU because it would save an estimated $160,000 annually in tax payments.

“The BPU has faced substantial financial challenges over the past several years that have eroded net income, strained cash on hand, and caused concerns about the ability to adequately invest in critical capitol improvements,” Leathers said as part of his presentation. “The challenging New York State electrical market, coupled with the relatively stagnant economy of this area, means that the BPU must continuously find creative solutions to reduce its costs to minimize or avoid rate increases for all its customers, who again live not just in the city but also in Ellicott, Falconer and Celoron.”

Following Leathers, Attorney Kathy Bennet from Bond, Schoeneck, & King, who is serving as legal council for the city and BPU in the annexation effort, outlined the evidence in favor of the annexation, saying it meets all the legal requirements under state law and is in the overall public interest of the the affected communities.

“Stabilizing utility rates and services will encourage business development. Electric service received by customers will not change. The annexation will reduce the BPU’s tax liability, thereby reducing its operating costs and directly improving profitability and cash on hand. Since the BPU will have more resources available, it will be able to reinvest the needed capitol and infrastructure requirements and ensure continued reliable service,” Bennet said.

To counter Bennet’s claims, the legal council for the village of Falconer and Town of Ellicott, Attorney Pietra Zaffram with Harris Beach PLLC, provided a presentation that countered much of what Bennet had presented. They also brought in a former employee with the state Public Service Commission, Frank Radigan, who said that reducing the BPU bottom line by $160,000 would actually have little to no impact on future electric rates.

“After looking through their financial records and [2010 and 2015] rate cases, I conclude that they wouldn’t save a lot of money if property taxes were eliminated, and I don’t see any reason that the rates would dramatically increase because they’ve stayed stable or decreased a little over time on a historic basis,” Radigan said.

Falconer Central School Superintendent Stephen Pennhollow.

Following the presentation, the public was provided an opportunity to address the issue, with Falconer Superintendent Stephen Penhollow telling the city of Jamestown he understands their financial challenges, but doesn’t think they should try and solve them by shifting  those challenges to their neighbors.

• LISTEN TO ANNEXATION PUBLIC HEARING – PART 2: PUBLIC COMMENT

“I have no problem with the city seeking to find other ways to increase revenue. No problem whatsoever. I applaud you in those efforts,” Penhollow said, adding, “But when you’re sources of revenue are coming from our revenue sources, that is not what neighbors do and that is not how neighbors treat other neighbors and I find a bit of concern with that.”

If the annexation were to take place, the Falconer School District, Ellicott, Falconer and the County. would miss out on a total of $320,000 in annual tax payments from the BPU. In addition, the city of Jamestown and the Jamestown Public School District would each get nearly $80,000 from the BPU in the form of a payment in lieu of taxes. As a result, the net savings for the BPU would be $160,000 each year.

Another member of the audience, Jamestown Resident Chris Gardner, called the annexation effort a low-point in the city’s history.

“What we’re basically looking at here is more desperation from our city government to scrape together revenue… Obviously the legality of this, according to [Zaffram’s] presentation, clearly shows  that that within any judicial setting the Town of Ellicott and Village of Falconer would easily win. We’re talking about the ‘Dow Street’ substation, not the ‘Tiffany Avenue’ Substation,” Garnder said, alluding to the actual border between the city and the village. “It’s absurd and it’s just a low point.”

Tyler Stimson, a member of the Falconer Volunteer Fire Department, spoke out against an analysis by the city’s legal council that stated the substation would be better served by falling within the jurisdiction of the profession Jamestown Fire Department, rather than the Falconer Volunteer Fire Department.

Tempers flared at several points during the three-hour meeting, most notably when Bennet stated the annexation was in the public’s interest, partly because the property would fall under the jurisdiction of the professional Jamestown Fire Department, rather than the volunteer firefighters in Falconer. Many in the audience took exception to the volunteers being made out to be less qualified or even incapable of responding to a fire at the property.

Falconer Mayor Jim Rensel said he was pleased with the turnout, and is hoping members of the Jamestown City Council will seriously consider the long-term impact of an annexation.

“A lot of people are upset and in our opinion it’s a tax shift that will have a very significant effect on our budget,” Rensel told WRFA following the meeting. “We feel we have a pretty good case but I wish it would just stop right here with the city council. I firmly believe when I say this that I believe there are people on the city council who are against this, but I don’t think they are encouraged to speak freely, let’s put it that way.”

The hearing was required in order for the three involved government bodies to act on the annexation, which will take place within the next 90 days. Should any of the bodies vote against the annexation, the matter will then have to be settled in state appellate court.