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.”

The JLDC Board of Directors during its most recent meeting in February. The JLDC is comprised of elected city officials and community stakeholders and is considered the economic development lending arm of the city.

JAMESTOWN – Last year the Jamestown Local Development Corporation (JLDC) became one of the most powerful government agencies in Chautauqua County when the city of Jamestown charged its board with appropriating nearly $9 million in federal American Rescue Plan Act (ARPA) moneys aimed at economic development, primarily to assist businesses and organizations impacted by the COVID-19 Pandemic. Another $2.9 million in ARPA funds was appropriated to JLDC to assist with residential property improvements and to also update city code.

• REVIEW ALL CITY ARPA SPENDING TO DATE

All that funding is also required to be spent in a relatively short period of time – just under four years and counting. As a result the JLDC is busier now compared to any other time in the 40+ years of its existence.

But in the haste of getting millions of dollars out the door the JLDC board appears to have run afoul of its own bylaws by awarding moneys to businesses directly connected to two of its members.

Jeffery Russell

One of those businesses is It’s Your Day wedding planning service which received a $64,000 grant from the JLDC Building Acquisition & Business Expansion program, funded by ARPA money. The owner of that business is the wife of JLDC Board Member Jeffrey Russell, who also serves on the Jamestown City Council. Russell joined the JLDC board at the start of 2022.

The other business is Jamestown Skate Products. That business is owned by JLDC Board Member Pete Schiera, who was appointed to the board as a city at-large representative in 2020. Jamestown Skate Products received a $15,000 grant through the JLDC Downtown Small Business Evolution program, also funded with city ARPA money.

In both instances, neither Russell or Scheira voted when it was time to award the money for their respective business interests. In fact, neither was in attendance for the respective voting session when the awarding of the money took place. However, 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 (Article VII, Section 5).

WRFA looked into the matter and spoke with Jamestown Mayor Eddie Sundquist, who serves as JLDC board president. He was joined by city development director Crystal Surdyk. The two explained that their interpretation of the law is that the JLDC bylaws only apply in situations when JLDC awards grants or loans from its own funding pool. But because JLDC is only serving as a pass-through agency to administer the city’s ARPA money, the bylaws do not apply. Instead, any business can qualify so long as any board member with a conflict of interest recuses himself or herself from the vote.

That explanation was verified by Russell, who informed WRFA via email that he was told that his wife’s business could still apply for funding, as long as he didn’t vote on the matter.

“Like so many other businesses during Covid my spouse’s was decimated by the mandatory shut downs for those deemed to be non essential,” Russell explained. “Upon submission of her application for ARPA funds I asked for an opinion on the matter. I was advised that the ARPA funds are NOT JLDC funds directly and JLDC is acting as a pass through in the allocation of the funds. I was advised she could apply, but I must recuse myself during the voting session.”

Schiera also explained to WRFA that he was unaware of the stipulation in the bylaws and that it didn’t come up during his application process. Again, he was informed that as long as he recused himself, there was no conflict of interest or impropriety.

While it is true that Jamestown City Council authorized JLDC to administer the ARPA money as a pass-through agency, the same can be said for other federal moneys administered by JLDC, including the federal Urban Development Action Grant, awarded to the city decades ago. In that case, the money was also presented to the city of Jamestown, which authorized JLDC to utilize it as part of its low-interest revolving loan fund for businesses. Whenever money from that fund is appropriated by the JLDC board, it’s required to follow the rules of its bylaws.

Also worth noting is that while the JLDC ignored the bylaws when it came to voting on funds for its own members, it followed the bylaws when it came time to appropriate ARPA funds over $100,000 – which require final city council review and approval.

WRFA did reach out to city attorney Elliot Raimondo via email and asked what the basis was for city’s interpretation that no bylaw violation took place, but he did not respond.

Beyond the likely violation its own bylaws, 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.”

There’s also the question of if the awards violated federal law, if the terms of the grant award includes language similar to what is in state law.

There was also a third award of ARPA funding that also created a conflict of interest with a board member. During its most recent meeting, the JLDC unanimously approved a $9,500 grant for a fundraising concert at St. Luke’s Episcopal Church. That funding came from the JLDC Downtown Programming & Events program. Luke Fodor is a JLDC board member and also an employee of the church. When it came time to vote on the project, Fodor recused himself. City officials again contend that was all that was required, especially since Fodor doesn’t own any material interest in the church. But city property owner Tom Andolora recently voiced his disapproval of the matter during this week’s council meeting, via a letter that was read out loud by the city clerk.

“How is it possible that a member of the board can sit there, while the rest of the members vote to benefit the organization he leads? Of course Luke recused himself from the vote. Do the rest of you who are on the JLDC board understand how this looks?”, Andalora asked. “How is it possible that a member of the board can be so brazen as to fill out and sign an application himself? This goes beyond ‘conflict of interest’.”

WRFA did speak with other JLDC board members and asked if they were aware of the bylaw provision that disqualified them from receiving public money they oversee. Council president Tony Dolce, who has a seat on the JLDC board, said he was told a recusal was all that was necessary to avoid conflict of interest. When asked if the bylaws were ever brought up, he said they had not.

WRFA also reached out to Councilwoman and 2023 mayoral candidate Kim Ecklund for this story but she was unavailable for comment. Ecklund also has a seat at the JLDC table because she is the council’s finance chair.

WRFA did seek out opinions on the matter from state agencies. The State Authorities Budget Office – which is responsible for making public authorities more accountable – said it could not issue a formal legal opinion on the matter, but did say they do accept complaints for public authorities like JLDC, and do review and investigate those complaints as they come in. The State Comptrollers Office indicated it was aware of the situation and was monitoring, but had no other comment at this time.

WATCH ON YOUTUBE

Moderated by WRFA’s Julia Ciesla-Hanley, in coordination with media panelists Terry Frank (WJTN Radio) and Justin Gould (WNY News Now).

The Jamestown City Council held a virtual work session on Monday, Feb. 9, 2021 and a portion of the meeting focused on the National Comedy Center as the Ward 3 voting location for the primary and general election. NCC Executive Director Journey Gunderson was also in attendance to discuss the matter and answer questions.

JAMESTOWN – The executive director of the National Comedy Center says organization wants what’s best for the Jamestown community and said that everyone is on the same team, working toward the same goal.

Journey Gunderson appeared during the Jamestown City Council’s Monday night virtual work session to address concerns that were raised the previous week regarding the NCC Gift Shop, located in the former Jamestown Gateway Train Station, no longer wanting to serve as a Ward 3 Polling site for Primary and Election Day.

“We earnestly believe that it is possible that cultural institutions like our’s, as nonprofits, may have a civic responsibility to serve as a polling site if it can be done without significant hardship to its operation,” Gunderson said. “We’re very willing to sit down with the (Chautauqua County) Board of Elections commissioners and work through this. We want to find a way forward and to resolve the polling site issue quickly and amicably and do, ultimately, what is best for the residents of Ward 3.”

Gunderson added, however, that the NCC does have some concerns and issues to work through. That includes getting clarity from the New York State Board of Elections about whether or not voting can take place at a location that also holds a state liquor license, since that appears to be prohibited in state election law. She said the NCC has reached out for clarification and is awaiting a response.

It’s worth nothing that there are other voting locations across New York State that also hold liquor licenses, including in Cattaraugus County, where the New Albion District 1 Polling Site as at the Cattaraugus Fireman’s Club, which has a bar.  Meanwhile in Stueben County, three voting districts in Hornell all vote at the Hornell VFW, while two district in Corning vote at the American Legion.  And in Chemung County, voting in Horseheads is held in an Elks Lodge, while voting in Elmira is conducted at the Italian American Veterans Club.

It’s not known if a possible State Board of Elections ruling prohibiting the NCC from being a polling site due to its liquor license would also set a precedent and also impact those other polling sites around the state.

OTHER CONCERNS BESIDES SERVING LIQUOR

Beyond the liquor license, Gunderson said there are other factors that come into play that involve the NCC’s request to relocate the polling site. She said primary voting occurs in June, near the peak of the city’s tourism season and that severely compromises the NCC’s ability to retain retail operations.

She also said that during the pandemic, on-site election inspectors can not force a voter to wear a mask to vote, although the NCC currently requires masks for all patrons who come into the facility. That’s another concern moving forward, especially for 2021 and maybe even next year as well.

“This compromises our ‘Laugh Safe’ health and safety program, and that’s a pretty integral part of our brand and communication to the public about making a visit right now. If guests don’t feel safe and fully protected at the Comedy Center, then the just won’t visit,” Gunderson said.

Gunderson also responded to concerns from some council members and citizens about the NCC’s obligation to keep the former train station space available for public use, due to a multi-million dollar Federal Transportation Grant the building received for its renovation 10 years ago.

“We make that space more accessible to the public than it ever was prior to the National Comedy Center’s operation of it,” Gunderson said. “There was a comment made, and I shudder to even repeat it, that Comedy Center deemed constituents of Ward 3 – not my words but someone on the council – ‘not good enough to come through our doors.’ The opposite is true. The assertion was also made last week, and it ended up in the press, that we don’t provide the public access. That is 100% factually inaccurate.”

Gunderson said the NCC actually wants residents to come into the facility and experience all it has to offer, and that’s evident by the discounts it offers to local residents.

But Gunderson added that despite the challenges the NCC faces with hosting the Ward 3 polling location, it would be willing to continue serving as a location if the State Board of Elections says it is okay.

Following Gunderson’s comments, members of the city council were able to ask questions of her.

Ward 3 council woman Vickye James, who mentioned last week there is a perception that residents feel unwelcome, doubled down on her comment, saying regardless of what the NCC is trying to do, the negative perception from residents still exists.

“My constituents do not feel welcome. That is the perception. The truth may be something different but that is the perception,” James said. “I don’t know if a lot of people know about the discounts. Again, it could be miscommunication. Is that communicated well? Do people know that? I don’t think it’s being communicated well to the community.”

James also noted that because of the Ward 3 polling location being moved several different times during the past two decades, it only adds to residents feeling displaced and unwelcome.

Gunderson acknowledged James’ concerns and said the NCC would work to better engage with those residents so they no longer feel unwanted or unwelcome.

Councilman at Large Jeffrey Russell also asked several questions regarding the requirements the NCC has to adhere to in order to comply with the federal grant stipulations – including the building serving as a transportation hub for the public.

Gunderson responded by saying that the CARTS buses operated by the county relocated their downtown hub because of periodic closing on 2nd street in front of the train station throughout the year due to events. That created inconsistencies in the CARTS bus schedule, and that’s why the CARTS hub was moved to a new location, based on a decision by the county and not because the NCC demanded they relocate, as some in the community have suggested.

After an hour of discussion, the council wrapped up its portion of the meeting with Gunderson. Council president Tony Dolce said the concerns and subsequent discussion on the issue does have a silver lining.

“The Comedy Center is great for Jamestown and we want to partner with them and we want this to be a positive situation for them and for the city of Jamestown, both financially and just from a standpoint of community building,” Dolce said.

During Monday’s Jamestown City Council meeting, county election commissioners Norman Green and Brian Abram discussed the Ward 3 polling site situation with council members. The discussion came after the National Comedy Center (NCC) notified the commissioners it no longer wanted to host voting inside its gift shop, which was previously the center concourse for the Jamestown Gateway Train Station.

The  BOE is permitted to select any location owned by a non profit that is suitable to hold elections and the NCC is a non profit organization. However, city attorney Elliot Raimondo explained that state election law doesn’t permit voting to take place inside establishments that also hold a liquor license, which would preclude the NCC.

But Green said that’s not always the case in New York State and said there are several examples of voting taking place at locations that also hold a liquor license. He said as he understands it, the law primarily focuses on having voting take place in the same room that alcohol is being served, and that’s not the case at the NCC.

Green also said that this is the first instance in his 22 years at the Board of elections where a location has said it no longer wants to host voting.
Some council members, including Vickye James (D) who represents Ward 3, said they would prefer the polling site stay where it is, adding that her constituents feel like they are not welcome by the NCC. Councilman Jeff Russell (R-At Large) also spoke out against moving the polling site, saying the building was renovated 10 years ago with public money, and it should remain accessible to the public – even if on a limited basis. Other council members who spoke in favor of keeping the polling location at the NCC were Tamu Graham Reinhardt (D-at large) and both Marie Carrubba (D-Ward 5). Carrubba said that with redistricting planned for next year, there could be need to move the polling location again to conform with new Ward 3 boundaries. As a result, the BOE should wait until that process is over before making any moves.

However, Council President Tony Dolce (R-Ward 2) said it’s up to the BOE and the NCC to come to a conclusion on the issue, but did say there were other locations to consider. Those locations included both the Lucille Ball Little Theater and the James Prendergast Library.

The BOE will now have to decide if it wants to keep the polling site where it is, with the NCC possibly challenging that decision. Or respect the wishes of the NCC and move to a new location.

Following the council meeting, the NCC released a statement pointing to the state law involving polling sites not being at a location that also sells liquor, and saying the consulted with the New York State Board of Elections, and it advised the organization due to its liquor license, the entire facility is prohibited from being a polling site.

JAMESTOWN – City officials Monday night discussed the recent announcement by the Chautauqua County Board of Elections that it will have to find a new polling location for voters in Ward 3 of the city.

The announcement was made after the current location – the National Comedy Center (NCC) – informed the board of elections that it could no longer use its gift shop space as a polling site on Election Day. The gift shop is located in the center concourse of the former Jamestown Gateway Train Station, which was renovated 10 years ago with some funding coming from a Federal Transportation Authority grant.

“Due to the pandemic we have re-structured our hours and our museum is currently closed on Tuesday and Wednesday. This allows us ample time to provide a thorough cleaning and sanitization of our museum that we have committed to in our Laugh Safe Program,” the NCC initially wrote in August 2020. “Due to these unusual circumstances, we are able to offer you the space for the November 3rd, 2020 elections as we are closed to the public on that day. This is a one-time deal. We will accommodate this year due to the unique circumstances in response to the pandemic, but will insist that you find an alternate location in the future as it is a hardship going forward. It is not open for discussion, but given the pandemic, we are able to accommodate this request in 2020.”

However, the Board of Elections felt the NCC should remain a polling location, due to it being funded by public tax dollars.

“We note that it was always intended, as you know, that the Gateway Train Station would remain a shared facility with the public. The gift shop was always intended by your own agreement to have its display of goods on wheels so as to properly facilitate the sharing that the Comedy Center promised when they gained control of the Gateway Train Station. That aside, New York State law requires that not for profits be made available for voting. Continued access by your limited income racially diverse neighbors to be used for voting accomplishes so much for the National Comedy Center and helps to fulfill the Gateway mission, too,” the Board of Elections wrote in August 2020.

But when election officials sent out a poling agreement to the NCC at the start of this year, the NCC reaffirmed its position that it no longer wanted to host a polling location.

“We are in receipt of the Polling Agreement for 2021. Please review the [August 2020] email that indicates 2020 would be our last year we are able to accommodate this request,” wrote the NCC.

With the NCC no longer interested in hosting the Ward 3 polling location, the BOE reached out to the city, seeking help in identifying a new location. When the matter was brought up on Monday night, some other council members, including Jeffrey Russell (R-at large), said they would rather the polling location remain where it is.

“The renovations on [the train station] was many millions of dollars and some of those millions of dollars was tax payer money. That rotunda was supposed to be open to the public and have access to the public and it seems like slowly, over a period of time, that that area has been taken away from the public, despite it being renovated by taxpayer funds,” Russell said.

Also in support of keeping the polling location where it is was Vickye James (D-Ward 3), along with councilman Tom Nelson (D-Ward 6)

Jamestown Mayor Eddie Sundquist said the city doesn’t have the ability to require where polling sites must be located, but did say if the council wished, the city could send a letter of request to the NCC, asking that it allows the polling site remain where it is.

The city will also work with the Board of Elections in trying to identify a new location for Ward 3 voters, if the NCC is unwilling to change its mind about no longer hosting a poll site.

Russell made the suggestion during Monday night’s Jamestown City Council meeting, saying he felt such a move would provide greater transparency between the police department and the public.

“Right now they do not wear body cameras and the only people wearing body cameras are uniform police officers, and they have to be on when they have contact with the public,” Russell explained to his colleagues. “I think it’s imperative at the police department that we have transparency. Our detectives wearing body cameras when they have contact with the public would further show that we are being transparent and have nothing to hide from the public.”

Russell added that having detectives wear body cameras would also provide additional evidence in situations where someone makes accusations against the police based on an interaction that has taken place.

Acting Jamestown Police Chief Tim Jackson said he supports the idea 100%, adding that currently there are about 10 detectives in the police department who are currently not required to wear a body camera. In addition, there is also a lieutenant and captain that would also wear one.

Just like city patrol officers, the detectives would turn on their body cameras whenever they interact with a member of the public, except in cases that deal with sensitive situations, such as a drug informant who is cooperating with an investigation.

City Attorney Elliot Raimondo says the updated policy would be contingent on the current contract language in the collective bargaining unit. The cost of purchasing new body cameras would also have to be considered before the policy could go into effect.

The city first instituted body cameras for the Jamestown Police Department in the fall of 2015 after the city council approved a resolution mandating all uniformed officers wear the devices.

JAMESTOWN – The Jamestown City Council is under scrutiny from some members of the community for allegedly failing to attend a series of recent protests and rallies focusing on the Black Lives Matter movement. In addition, one specific council member is also being criticized by a local resident and candidate for public office for a post he made on social media this past weekend.

During the public comment portion of Monday night’s remote council work session – which was streamed online – the city clerk read a series of comments sent via email from several Jamestown residents, including Democratic candidate for the 150th State Assembly seat, Christina Cardinale.

A meme that was shared by Jamestown City Councilman Jeffery Russell on June 6, 2020 and which was scrutinized by a city resident and State Assembly candidate Christina Cardinale

Cardinale was critical of councilman and retired police officer Jeff Russell (R-At Large) for a pro-gun post on his personal Facebook page that was purported to be from Saturday, June 6. The post appears to be shared from the New York State Firearms Association and was intended for Russell’s Facebook friends only, but still managed to find its way to the public sphere.

“On 6/6 councilman Jeff Russell posted the following message on social media. Quote – The answer to the question, ‘Why do you need an AR-15 and a 30-round magazine?’ is on every news channel today – end quote,” Cardinale’s stated in her email, then directed a specific question to Russell. “Councilman Russell, can you please clarify your comment in full detail? When I turn on any news channel I see the black community demanding the end to systemic racism and I am now under the impression a retired Jamestown Police officer supports firing a semi-automatic rifle at Black Lives Matters protesters.”

Russell addressed the comment and defended his post, saying his post was actually a meme that he shared and was in now way calling for violence against any person or group of people. Russell added that he shared it after the death of a retired police captain in St. Louis during the weekend riots in that city.

“This featured a comment about owning an AR-15 and was in support of the Second Amendment, guaranteeing our right to bear arms – my right to defend my home  and my family and my fellow citizens’ right to do the same,” Russell said. “You are now attempting to create a controversy where controversy doesn’t exist.”

Russell was also critical of Cardinale for trying to score political points as part of her political campaign.

“It’s no secret we find ourselves in a tremendously difficult time in this country. But your efforts to score political points by cherry-picking a singular Facebook post, which never referenced violence against the black community or peaceful protesters, is the absolute worst political stunt of its kind. It’s reprehensible, in fact,” Russell said.

In her correspondence, Cardinale also asked the full city council if it had any thoughts about Russell’s post and if the council has a policy regarding social media.

Jeffery Russell

Council president Tony Dolce (R-Ward 2) said that he can vouch for Russell’s character through his 20+ years on the Jamestown Police Department, as well as with his various interactions with all students and staff at Jamestown High School where Dolce teaches.

Dolce also said there is no policy regarding how an elected member of the city council conducts themselves on social media.

“As far as social media conduct, we are elected officials. We are adults. We all make choices in terms of what we want to post [on social media]. There are no rules, laws, or regulations regarding what we can and cant’ do. We all have First Amendment rights,” Dolce said.

Russell wasn’t the only person on the council criticized during the public comment portion of the work session.  Another city resident – Autumn Echo Swanson – chastised the council for not showing support during two recent rallies in Jamestown, organized by the Jamestown Justice Coalition.

“Both rallies have seen poor attendance and support from city officials. I would like to know why the city council has chosen not to support the Jamestown Justice Coalition when a large number of the constituents of the council – including those deeply and personally affected by the mission – are in support of the efforts being made by the coalition,” Swanson wrote.

It’s worth noting that both Dolce and councilman Tom Nelson (D-Ward 6) attended the rally on Sunday, May 31 – along with Mayor Eddie Sundquist and Police chief Harry Snellings.

Council woman Vickye James (D-Ward 3) also took umbrage with the remark, pointing to her long-standing involvement and leadership in the city’s black community.

“As a black mother, a black woman, a black daughter, I always have had this issue come to my face every day. It matters to me. The people in my community matter to me, and because I don’t make one event does not make me not care about being black. That’s ridiculous,” James said.

The council’s other African American member, Tamu Graham-Reinhardt, also addressed the issue – asking those who are critical of the council members to “sit back and take a breath.”

Swanson also raised concern about a lack of leadership and guidance from the council when it comes to working toward improving conditions in the African American community.

“The issue at hand – an issue for which Jamestown is now immune – concerns the poor training, systemic laws and over funding that have led to rampant police brutality across this country,” Swanson wrote. “On a local level we see multiple accounts of socioeconomic instability among our minority communities, ranging from underfunded neighborhood development; disregard for the issue of food insecurity; lack of minority representation and decision making; and a lack of support, education and funding of minority-owned businesses in Jamestown. My question for the Jamestown City Council is this: Where are you?”

Dolce explained that he has already had a conversation about those concerns with the mayor and the city would be working to address them more thoroughly in the near future.

Also during the correspondences last night, city resident Rev. Chloe Smith again urged the city to work toward bringing more diversity into the ranks, something that city officials have acknowledged needs to happen, but also said that it is difficult with a very limited pool of qualified candidates to draw from.

The Jamestown City Council during its Feb. 24, 2020 voting session.

JAMESTOWN – The Jamestown City Council voted 7 to 2 Monday night in favor of annexing the Jamestown Board of Public Utilities’ Dow St. Substation property in the Town of Ellicott/Village of Falconer, setting the stage for another legal showdown in State Appellate Court.

Monday’s vote came following statements from both Mayor Eddie Sundquist and Council President Tony Dolce. Sundquist said that the city was willing to negotiate an outcome to help avoid legal action, but officials from Ellicott, Falconer and the Falconer Central School (FCS) district walked away from the table the night before a second negotiating session was scheduled to take place.

Jamestown Mayor Eddie Sundquist

“I truly believe that there is a middle ground where all the parties could benefit. As part of that we’ve attempted negotiations. We’ve offered to invest in projects that make sense as a larger region and to support some of the work as we develop this area,” Sundquist said prior to the vote. “On the eve of the second round of negotiations, we were informed by Ellicott, Falconer and Falconer Schools that they no longer wish to negotiate with us in order to come to a resolution with this annexation.”

Dolce added that while there is the possibility for returning to the table to negotiate a deal and avoid litigation, he and other council members felt it was time to move the process forward.

“I was ready and willing to try and work to put off that vote again, but since they have decided to end the discussion there’s no need to wait on the vote,” Dolce said. “We still can sit down and talk and hopefully they would like to come back to the table but at this time I think we’ve extended the olive branch and its time for us to move on.”

Dolce joined six other council members in supporting the annexation, including councilwoman Tamu Graham-Reinhardt, who had previously recused herself from voting on any resolution involving the annexation because of a conflict of interest due to her working for the Falconer School District. But as of earlier this month Graham-Reinhardt is no longer working for the district, meaning she no longer had to recuse herself from voting on the issue.  The two council members to vote against annexation were newly elected members Grant Olson and Jeffrey Russell.

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.

Ellicott, Falconer and FCS are against annexation because it will result in a loss totaling $330,000 in annual tax revenue between the three.

The City and Jamestown BPU argues that by annexing the property, it will serve the public interest of the entire BPU service area, including customers living in the village, town and school district. The BPU would also avoid paying the $330,000 in taxes, and would instead make an estimated $80,000 payment in lieu of taxes to both the City of Jamestown and Jamestown Public Schools.

Following Monday’s council meeting, Sundquist explained that during the negotiations, the city was pressing for an annexation while also trying to help soften the financial impact it would have on the three affected municipalities.

“It all revolved around annexation but we had flexibility on what was being annexed and what values would be associated to the annexation. But at the end of the day it was this council’s message as well as the BPU board that they wanted some form of annexation. But we were willing to be flexible on that and offset certain costs.”

The annexation can be legally challenged if either Falconer or Ellicott (or both) vote in opposition of the annexation. That is what is expected to take place, most likely during the next respective village and town board meetings.

Once a vote of opposition is made, a legal complaint is filed and the city will then have a limited amount of time to respond. Failure to do so before the deadline will result in the case being thrown out. This is what happened during the previous annexation attempt, which went to court in October 2017. But the issue of whether or not the annexation could proceed was never answered. Instead, the state 4th Appellate Division in Rochester ruled that Jamestown’s legal team – Bond, Schoeneck and King – had failed to file its response paperwork on time. The court case then ended on the filing technicality, with a ruling not being delivered until August 2019.

The legal fees for the previous annexation approached a combined $750,000. Bond, Schoeneck and King will again handle the case for the BPU, but Mayor Sundquist said this time they wont charge more than $75,000 from start to finish in this annexation effort.

“For this second round of annexation there is a cap of $75,000, going up all the way to the State Court of Appeals, which means that is the most we will pay,” Sundquist said.

Jamestown Mayor Eddie Sundquist makes remarks at Jamestown Community College after being sworn into office on Jan. 1, 2020.

JAMESTOWN – The city of Jamestown has a new mayor. Eddie Sundquist was sworn into office by city judge John LaMancuso during the Jamestown City Council’s reorganizational meeting on New Years Day at Jamestown Community College.

With Sundquist taking his oath of office, the city has a new mayor for the first time in 20 years. Sundquist, a Democrat, replaces former mayor and fellow Democrat Sam Teresi, who chose not to seek reelection for a sixth consecutive term in 2019. Instead, Sundquist ran for mayor in the 2019 General Election and was able to defeat Republican David Wilfong and Libertarian and former city councilman Andrew Liuzzo.

Following his oath of office, Sundquist made some brief remarks, saying he is aware of the various challenges facing the city but also believes the community is ready and willing to meet those challenges head on.

• Remarks by Carrubba, Dolce, and Sundquist

“Jamestown has always been a city full of pride for our people and our neighborhoods; a strong community, a city that embraces our rich past and innovates for the success of our future. It’s clear we are not without our challenges but today I want to focus on all the things that make Jamestown a strong and innovative community. People, grit and compassion is what defines who we are as one community,” Sundquist said.

Sundquist added the city is at a moment of opportunity and it is a time for the community to show how innovative it can be.

“Now more than ever we need to get creative and look at new ways to grow and expand our city; a city where we are collaborating with our partners, our neighbors, our businesses to revitalize our economy. No challenge is insurmountable. We just need to tap the knowledge of our people, embrace our grit, and show our compassion for one another,” Sundquist said.

Jamestown City Council President Tony Dolce shares his remarks after being unanimously elected council president by his colleagues on Jan. 1, 2019.

In addition to Sundquist being sworn in as mayor, the 2020-21 city council was sworn into office, including newly elected members Grant Olson (R) and Jeffrey Russell (R).  The council then unanimously elected councilman Tony Dolce (R) to serve as council president.  Dolce replaces former council president Marie Carrubba (D), who remains on the council but steps down as president due to her party losing the majority following the 2019 general election.

During his remarks, Dolce said it is time for the council to help guide the new administration through the new year.

“Along with our new mayor, there will be several new department heads as part of his administrative team. While these changes present new directions and opportunities, they will also bring about many challenges,” Dolce said. “This city council must step up and help the mayor and his administrative team through the learning process regarding the many procedures and policies that need to be implemented. We as a council stand ready and willing to assist the mayor and his administration to work towards continuing to build on what we have accomplished and to continue to make a better future for the city of Jamestown.”

Dolce is the longest-serving council member in the city’s history, having been on the council for 25 total years. It is the first time he was elected by his colleagues to serve as council president at the start of a new council term, although he had also served as council president for a few months in 2007 to finish that term when then-president John Calamunci stepped down after moving out of the city.