Mayor elect Eddie Sundquist discusses his transition strategy during a press conference on Friday, Nov. 22.

[UPDATE (DEC 31, 2019 – 1:40 p.m.)] – The Jamestown City Council reorganization meeting is Wednesday, Jan. 1 at noon at Jamestown Community College’s Scharmann Theater. New Jamestown Mayor Eddie Sundquist will be sworn into office, along with the new members of the Jamestown City Council.

JAMESTOWN – When Jamestown mayor-elect Eddie Sundquist is sworn into office on Jan. 1, his first official duty as mayor will be to fill several administrative positions as well as make appointments (or reappointments) to more than three dozen seats on various city boards and commissions (including three citizen representative seats and one city council representative seat on the Jamestown Board of Public Utilities).

As written in the city charter, the mayor is tasked with making appointments to a variety of director positions, along with various boards, commissions and city officers. However, the city council is given the power of consent, meaning any appointment by the mayor must be approved by at least a simple majority of the Jamestown City Council.

“Obviously there is a very limited amount of time for us to find everyone – again 38 spots along with department positions. So if we are able to and after we receive approval from the council – the council will receive the list about a week or two before the (appointment) vote – if we have approval to release it we will do so,” Sundquist said during his transition strategy announcement on Friday.

It should be noted that there is no requirement in the city charter that the mayor first provide a list his prospective appointees to the city council before making it public, let alone that the council must give the mayor persmission to provide the list prior to its review.

ADMINISTRATIVE POSITIONS UP FOR APPOINTMENT ON JAN. 1

Among the administrative appointments Sundquist must make are for the following positions:

• Director of Administrative Services/City Clerk (currently held by acting clerk Jim Olson through Dec. 31, 2019)
• City Comptroller (currently held by Joe Bellitto through Dec. 31, 2019)
• Director of Development (vacated Nov. 12 by Vince DeJoy)
• Director of Public Works (currently held by Jeff Lehman through Dec. 31, 2019)
• Corporation Counsel/HR Director (currently held by Peter Larson through Dec. 31, 2019)

Both current city clerk Jim Olson and current city comptroller Joe Bellitto plan to retire in the near future, though in Bellitto’s case he has stated he would be willing to stay on in 2020 to help transition a new comptroller.

In the case of the director of development, currently city principal planner Crystal Surdyk is coordinating the department through the remainder of this year.

Public works director Jeff Lehman is the longest-serving department head, having been in his position since 1994 and serving under two different mayors (Republican Richard Kimball and current mayor and Democrat Sam Teresi). Lehman has not indicated any plans to step down from his position and it will be up to Sundquist to determine if he should be reappointed for another four years or go with someone else.

Larson was appointed city attorney this past March to fill out the remainder of the term of former corporation counsel Marylin Fiore-Lehman, who announced her departure to take a position with the Chautauqua County District Attorney’s Office. He has also continued to work for the private practice of Bly, Sheffield, Bargar & Pillittieri since his appointment.

The position of Jamestown Public Safety Director / Police Chief is also an appointed position, which is currently held by chief Harry Snellings. However, the term of that position will not end until Dec. 31, 2021.

THREE BPU SEATS HIGHLIGHT BOARD AND COMMISSION APPOINTMENTS

According to information provided to WRFA by the city clerk’s office, there are 38 different city board and commission seats up for appointment or reappointment on Jan. 1.  Among them are four seats on the Jamestown BPU.

For the BPU, both citizen board members Martha Zenns and Terrance Horner are in the final year of their four-year term. In addition, citizen board member Ralph Wallace is in the final year of his two-year term on the board. Sundquist will also have to appoint a city council representative to the BPU. Currently Maria Jones is serving as the city council’s BPU member, but she lost reelection on Nov. 5 and as a result, another member of the new city council will have to be appointed to her seat. Rounding out the BPU citizen members are currently BPU chair Gregory Rabb  along with Jim Olson (both terms end on Dec. 31, 2021).  The remaining three BPU members will be Eddie Sundquist, who serves as board president by way of his position as mayor, along with the public works director (currently Jeff Lehman) and the president of the city council (currently Marie Carrubba).

(Note: Because Carrubba is a Democrat and the Republican party will take control of the council on Jan. 1, it’s expected a new city council president will be named and, as a result, that person will then assume that seat on the BPU. Speculation is that councilman Tony Dolce will be voted Council president on Jan. 1.)

– OTHER BOARDS/COMMISSIONS –

There are ten other board and commission seats and officer positions that will also need appointment are reappointment come Jan. 1. They include:

Jamestown Local Development Corporation  (4 year term)

• Two seats currently held by George Spitale and Mark Morton plus one city council representative seat, currently held by Kim Ecklund (2 year term)

Jamestown Urban Renewal Agency (4 year term)

• One seat currently held by Martha Zenns

Zonning Board of Appeals (3 year term)

• Three seats currently held by Ellen DiTonto (current chair), Sally Martinez, and Judith Sandson.

Planning Commission (5 year term)

• One seat currently held by Paul Whitford.

Property, Rehabilitation and Conservation Board of Appeals (3 year terms)

• Seven seats currently held by Nanzy Griswold, Mary Maxwell, Sharon McKotch, Gary Sorenson,  and three vacancies.

Parks, Recreation and Conseration Commission (5 year term)

• Two seats currently held by Russell E. Diethrick, Jr. and John Bauer

Riverfront Management Council (3 or 5 year terms)

• One Vacancy; Two designated Parks, Rec. and Con. Commission Member (Currently Russell Diethrick Jr. and John Bauer); One Chautauqua Watershed Conservancy Representative; One Roger Tory Peterson Institute Representative; One Jamestown Audubon Society representatives; One Jamestown High School represenative; and three JHS Student representatives (all 5 year terms).

Veterans Memorial Commission (3 year terms)

• Three seats currently held by Charles Telford (chair), Daniel Kell, and Theresa Baginski.

Board of Electrical Examiners (2 year term)

• Two seats currently held by James McTavish and Steve Nowel.

Constable (4 year term)

• Three positions  up for reappointment: Marie Hill (holdover), Camille Krawczyk (holdover), and Michael Berg.

Marriage officer (4 year term)

• Three officers up for reappoinment: Gregory Rabb, Paul Whitford, and Lillian Ney.

“These can be voted on collectively on January 1 or tabled until the next regularly scheduled meeting, probably January 27,” explained city clerk Jim Olson when providing the list to WRFA.

Fenton History Center director Noah Goodling (standing) meets with the Jamestown City Council during its Nov. 18, 2019 budget work session.

JAMESTOWN – The Jamestown City Council will likely use recently discovered savings in the 2020 City Budget to reduce local property taxes rather than boost funding in other areas of the spending plan, including providing more aid for the James Prendergast Library.

On Monday night the city council held its public hearing on the $36.6 million budget with only person speaking out. City Resident Doug Champ offered two ideas on how the city could save money in the future – shifting storm water maintenance to the Jamestown Board of Public Utilities and privatizing leaf pickup. In addition, he also urged the council to help the library by restoring additional city aid for next year while also appealing to the three members of the city council who work in public education, saying that the library is a valuable educational resource for the entire community.

Jamestown resident Doug Champ speaks to the Jamestown City Council during its Nov. 18 budget hearing.

“Our library is a catalyst of ideas. People who can’t afford – and I stream everything. I pay $70 a month for my internet service – they can’t afford that. There are people that can’t afford to buy a book. So I ask you to augment the mayor’s budget, which has $60,000 for the library. I would like to see you as a city council add $40,000 to that for a $100,000 total,” Champ said.

Following the public hearing, the city council continued its budget deliberations by meeting with officials from the Prendergast Library and the Fenton History Center.  Prendergast Director Tina Scott reiterated the news from earlier this year, saying the library is expecting to lose $110,000 in state aid next year because it the city has dramatically cut its local share of taxpayer supported library aid.

“Unfortunately, what we had warned the city about for many years now has come to pass,” Scott said. “Because or [local] tax support has been cut by more than 5% over two years, it triggers the ‘maintenance of effort’ clause in library law, which cuts our state funding. [The state] cut 25% already this year and next year we stand to lose all of it.”

Scott also pointed out that 98% of the public libraries in the United States receive more community support as a percentage of their budge than the Prendergast receives from Jamestown.

Prendergast Library director Tina Scott talks with the Jamestown City Council on Nov. 18, 2019.

This year the city dedicated $50,000 in funding for the library, a decrease of $300,000 from just two years earlier. Next year the mayor’s budget calls for giving the library $60,000, but the library says that is no where near enough to ensure the state aid for the library can also continue. As a result, Scott said the library is looking at a $126,000 deficit in next year’s budget.

Unlike other recent budget years, this year the city council does have some adjustments it can make beyond what was proposed by Mayor Sam Teresi and that includes the option of boosting library aid.

It was announced earlier this month that next year’s city budget could have as much as $357,000 in savings to its health insurance costs. During that announcement both the mayor and city comptroller Joe Bellitto recommended the council be conservator and only project about $150,000 in savings, meaning that could be applied to other areas of next year’s budget. But despite the financial challenges facing the library and other departments in city government, Teresi recommended using the savings toward a tax cut.

Following last night’s meeting with the library officials the city council held its regular work session and during that meeting, city councilman and finance committee chairman Tony Dolce (R-Ward 2) said he was in agreement that the money should be used to cut the tax rate.

“If we just took that conservative amount of $150,000 and budgeted toward next year’s budget, that would give us a tax decrease of $0.22 per thousand. That would get us down below the constitutional taxing limit, just below 99%. So it would be a slight, decent tax decrease,” Dolce said.

According to Mayor Teresi’s budget presentation in October, the current tax rate for city tax payers is $23.85 per thousand assessed value. If all the $150,000 in savings is applied toward reducing the tax levy next year, the new tax rate would be $23.63 per thousand. That’s an annual savings of $22 for property valued at $100,000.

Joining Dolce in voicing support for the property tax cut were council members Maria Jones (D-Ward 5) and Tom Nelson (D-Ward 6). However councilman Andy Liuzzo (R-At Large) said he would instead prefer to see the money go to support the library and help it for one more year. However, it didn’t appear enough of his fellow council members supported that idea, although he does have the option to bring it forward again as a formal amendment before the council holds its budget vote next week during its monthly voting session at 7:30 p.m. on Nov. 25.

Meanwhile, the library could still see its financial challenges addressed in the future if it can convince enough residents to support a public vote on creating an annual library property tax levy. During next May’s school budget vote, a proposition will appear on the ballot calling for the establishment of a $350,000 levy for the library. If approved, that levy would remain in place in perpetuity or until residents voted again to change it.

Democrat Eddie Sundquist addresses his supporters on Election Night 2019 after learning he will be the next mayor of Jamestown.

JAMESTOWN – Jamestown’s next mayor will be Democrat and local attorney Eddie Sundquist. Sundquist was announced the winner of the 2019 mayoral election Tuesday night, defeating both Republican and Chautauqua County legislator David Wilfong and Libertarian and current Jamestown City Councilman Andy Liuzzo.

Sundquist took 49.8% of the unofficial vote total, bringing in 2519 votes, while Wilfong came in second with 1959 votes, which was 38.7% of the vote. Meanwhile, Liuzzo came in a distant third with 11.4% of the vote (574 votes). Approximately 204 absentee ballots remain to be counted.

Following the victory announcement at Democratic Headquarters inside the Jamestown Brewing Company, Sundquist thanked those who helped to make him mayor elect.

“We fought long and hard, starting way back in the winter months. I can tell you that I am probably the proudest that I have ever been to see all of you here gathered to support what we are going to do for the future of the city of Jamestown,” Sundquist said. “I just want to say from the bottom of my heart ‘thank you’ to each and every single one of you who made this happen. Family, friends, volunteers, countless hours on the phone, knocking on doors, on social media – we could not have brought the city of Jamestown into the future without each and everyone of you. So for that, I thank you.”

Sundquist also said that in the coming weeks he will be working to prepare for the transition into the mayors office when he replaces current Mayor Sam Teresi, who decided not to run for a sixth consecutive term, on January 1, 2020.

“We have a long road ahead but we are going to do this and hopefully, we get through these four years and then work four more,” Sundquist said.

It was Sundquist’s second run for office in as many years. In 2018 he made an unsuccessful bid for Congress, failing to get the Democratic Party’s endorsement in that year’s primary.

CONTROL OF CITY COUNCIL TO BE DECIDED BY ABSENTEE BALLOT COUNT

While Sundquist was able to win the Mayor’s office, it’s not yet known if he will be working with a Democratic or Republican-controlled Jamestown City Council. That’s because the council is split with four Republicans winning and four Democrats also winning, with the ninth and deciding race still too close to call.

Brent Sheldon (left) and Tim smeal

In Ward 1, Republican incumbent Brent Sheldon (355 votes) leads Democratic Challenger Tim Smeal (348 votes) by just 7 votes. The outcome of that race won’t be known until absentee ballots are counted and according to the Board of Elections, 70 absentee ballots are left to be counted on Monday, Nov. 18.

City Democratic Chairman Jim Walton said he and the rest of the party are anxiously awaiting the results for the Ward 1 race.

“It looks like the fight for control of the council will come down to absentee ballots because we’re within several votes there. That Ward has always lived and died by the absentees that have come out of the Aldren Avenue area,” Walton said. “We’ll look forward to counting those and hopefully Tim Smeal did his work there and we’ll come out victorious. That will be the difference in who controls the city council.”

OLSON, RUSSELL WIN FIRST TERM ON CITY COUNCIL

Meanwhile, one of the ward races featured a challenger defeating an incumbent. In Ward 5, Republican Grant Olson (495 votes) was able to defeat Democratic incumbent Maria Jones (397 votes). Jones was first elected to the city council in 2011 and since then she’s served as chair of the council’s Public Safety Committee and has also served on the Jamestown Board of Public Utilities.

In the only other contested ward race, Democrat and current City Council president Marie Carrubba (630 votes) defeated Republican challenger Brittnay Spry (576 votes).

In the race for the council’s three at large seats, it was newcomer Republican Jeffrey Russell (2483 votes) joining fellow Republican and incumbent Kim Ecklund (2721 votes), along with Democratic incumbent Tamu Graham-Reinhardt (2173 votes) winning.

Those failing to get enough votes to be elected to the at large seats were Democrats Greg Rabb (2026 votes) and Taylor Scott (1985 votes) along with libertarian Raven Mason Thompson (293 votes).  Republican Greg Lindquist, who withdrew from the race earlier this year, also appeared on the ballot and was able to garner 1966 votes.

Winners of the 2019 contested Jamestown City Council races on election night (from left to right): Marie Carrubba (D-Ward 4), Grant Olson (R-Ward 5), Kim Ecklund (R-At Large), Jeffrey Russell (R-At Large), and Tamu Graham Reinhardt (D-At Large)

Candidates running unopposed this year were Tom Nelson (D) in Ward 6, Vickye James (D) in Ward 3, and Tony Dolce (R) in Ward 2 – although another person, Democrat Thomas Vitale, also appeared on the ballot for that office. However, Vitale had announced his withdrawal from the race earlier in the year.

Locally there are plenty of contested races on the ballot that will likely result in a better-than-average voters turnout for a local election year.

Highlighting the election this year is the race to fill the vacant 57th district state senate seat that opened up after former long-time Senator Cathy Young resigned from her post in March in order to take a job with Cornell University. Running to fill the remaining year of the Senate term is Republican and current Chautauqua County Executive George Borrello and Democrat and recent Cornell graduate Austin Morgan of Cattaraugus county.

• LISTEN: LOWV MEET THE SENATE CANDIDATES FORUM

In Jamestown three individuals are running to fill the open mayoral seat after current mayor Sam Teresi announced in February he would not be seeking a sixth term in office. Candidates in this year’s mayoral race Libertarian and Current City Councilman Andrew Liuzzo, Democrat and local attorney Eddie Sundquist, and Republican and current county legislator David Wilfong.

• WATCH: WRFA, WJTN, WNY NEWS NOW MAYORAL DEBATE

In addition to the mayor’s race, there’s also contested races for the Jamestown City Council’s three at large seats as well as for Wards 1, 4, and 5. Candidates include:

CITY COUNCIL WARD 1
– Brent Sheldon (R, C, I)
– Tim Smeal (D, WF, Libertarian)
CITY COUNCIL WARD 4
– Marie Carrubba (D, I, WF)
– Brittnay Spry (R, C, Libertarian)
CITY COUNCIL WARD 5
– Maria Jones (D)
– Grant Olson (R)
CITY COUNCIL AT LARGE (3 Seats)
– Kimberly Ecklund (R, C, I)
– Tamu Graham-Reinhardt (D, I, WF)
– Raven Mason Thompson (Libertarian)
– Gregory Rabb (D, I, WF)
– Jeffrey Russell (R, C)
– Taylor Scott (D, WF)

• WATCH/LISTEN: WRFA MEET THE COUNCIL CANDIDATES FORUM

Other races of interest include the race for Busti Town Supervisor, where Republican Jesse Robbins is being challenged by Democrat Rudy Mueller. Over in the Chautauqua County Legislature, only 7 of the panel’s 19 seats feature contested races.

EARLY VOTING YIELDS 5% VOTER TURNOUT IN COUNTY

According to the Chautauqua county Board of Elections, there is a total of 76,762 active registered voters in the county this year. Early voting was underway from Oct. 26 through Nov. 3 and according to election officials, nearly 5% of all active voters cast ballots during that name. That made Chautauqua county the third highest per-capita early voting county in the state, with only Ulster and Columbia counties seeing a higher percentage.

Commissioners Norm Green and Brian Abram are attributing the heavy turnout to the mayors races in Jamestown, Dunkirk and Fredonia, the town supervisors races in Pomfret and Busti, and the special election for New York State Senate.

As for the regular voting hours for on Tuesday, Polls will be open 6 .m. to 9 p.m. All county poll sites will be open.  Any New York State citizen at least age 18 at the date of the General Election who previously registered is eligible to vote.

For more information on where to vote, to view a sample ballot, or to see the results after 9 tonight, visit VoteChautauqua.com.

JAMESTOWN – Jamestown voters had the opportunity to hear from a dozen different Jamestown City Council candidates during a special Meet the Candidates Forum, presented by WRFA Radio and taking place on Thursday night, Oct. 24 at Reg Lenna Center for the Arts’ Media Arts Studio.

The forum is part of WRFA’s new Community Matters LIVE public affairs programming series. It will feature the 12 city council candidates who are involved in contested races. They include the six candidates for City Council At Large – Kimberly Ecklund (R, C, I), Tamu Graham-Reinhardt (D, I, WF), Raven Mason Thompson (Libertarian), Gregory Rabb (D, I, WF), Jeffrey Russell (R, C), and Taylor Scott (D, WF); And the two candidates for each of the contested Ward 1, Ward 4 and Ward 5 races – Brent Sheldon (R, C, I) and Tim Smeal (D, WF, Libertarian); Marie Carrubba (D, I, WF) and Brittnay Spry (R, C, Libertarian); and Maria Jones (D) and Grant Olson (R).

AT LARGE CANDIDATES

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.

Resident Gary Templin (far left) reads from a letter he prepared for the city’s public safety committee during its May 6, 2019 meeting in city hall.

JAMESTOWN – In early April, downtown resident and former business owner Gary Templin voiced his concerns to the Jamestown City Council’s Public Safety Committee about what he believes is the city government ignoring and/or violating its own zoning ordinances.

During the committee’s April 8 meeting, Templin, who lives on E. Fourth Street with his wife, raised his concerns about outdoor music events in downtown Jamestown, saying they are in violation of a city zoning ordinances that he interprets as prohibiting outdoor entertainment within that area of the city. Templin also asked for an explanation on why that is permitted to occur. At the time he was told he would get a response from from the newly appointed City Corporation Counsel, Peter Larson, the following week. But more than a month later Templin is still waiting for that response.

Templin’s argument is based on language in Chapter 300 of the City Code, which deals with zoning law. There is no language in the zoning portion of the city code that specifically mentions “outdoor music”, “outdoor entertainment”, or “outdoor events.” But the phrase “amusement enterprises” is listed in the code and Templin interprets that to cover entertainment events such as music concerts.

According to sections 300-0312, 300-0313, and 300-0314, of the city zoning law, “Amusement enterprises not conducted within a completely enclosed building” are only permitted in areas of the city that are within the C-M (Service and Highway Commercial), L-M (Light Manufacturing), and M (Manufacturing) districts. No part of the downtown area of Jamestown falls within those three districts, so Templin argues that outdoor “amusement enterprises” such as concerts and other entertainment activities are not permitted.

Templin also notes that another section of the zoning law (Section 300-0204) states that where a use – such as outdoor “amusement enterprises” – is first listed in a less restricted district, such use shall not be construed to be permitted in a more restricted district.” According to Templin, the downtown district is considered a more restricted area than the C-M, L-M, and M districts – meaning the outdoor amusement enterprises listed for those three latter districts is not permitted in the former downtown district.

CITY DISAGREES WITH TEMPLIN BUT DOESN’T PROVIDE DETAILED EXPLANATION

Resident Gary Templin (right) discusses the issue of amplified noise in the downtown area with the Jamestown Public Safety Committee and city attorney Peter Larson during a committee meeting on Monday, April 15, 2019.

The city council’s public safety committee did meet again on April 15 and Larson was in attendance, along with Templin. Larson explained to Templin that the city disagrees with his interpretation of the zoning code. Templin responded by again explaining why he feels the city is in violation of its own law.

“According to your zoning ordinance, no outdoor entertainment is permitted, other than in the C-M, the L-M, and the M districts. That does not incorporate any of the downtown,” Templin said. “So no outdoor entertainment is permitted in the downtown area. And you’re telling me that’s not true?”

Larson didn’t have a prepared opinion available for Templin to specifically explain why the city disagreed with his interpretation. Instead, he told Templin he would draft an opinion and share it with both him and the city council, though no time period was offered on when that would occur.

TEMPLIN APPEARS BEFORE COMMITTEE FOR THIRD CONSECUTIVE MEETING

The next public safety committee meeting took place on May 6 and again, Templin was in attendance and he again voiced his concern over the city not enforcing its own zoning ordinance when it comes to outdoor entertainment and also briefly explained the history of the Special Events provision that is in place – saying it was added in 1999 as an attempt to circumvent the zoning ordinance.

The Special Event permits are reviewed and approved by the Public Safety Committee and often-times involve outdoor entertainment events, such as concerts, in the downtown area.

But Templin noted that the a section of the city’s zoning law (Section 300-0203) actually includes language that states zoning ordinance takes precedent over any other provisions in the city code when there is a conflict. He also provided the committee with a written statement further detailing his position (copied below in its entirety at the end of this article).

And Templin again explained why, as a downtown resident, he opposes outdoor entertainment events.

“Our problem is, during last August, 40 percent of the days we couldn’t use our outdoor patio because there was something going on, creating outdoor noise, where we couldn’t even go out and enjoy our own area,” Templin said, adding, “Most of these activities are being put on by people who don’t even live downtown, don’t even work downtown, but they think they know what’s good for the downtown so they put on these activities on. And we are frankly sick and tired of it. And there is another summer coming up and we know that people will be coming to you with things they want to do [outdoors]. And my comment is you are basically breaking your own laws by approving them. I would like to see you enforce your own laws so people like me are protected.”

Templin concluded by telling the committee he was upset that he had yet to hear back from Larson to get the explanation on why the city disagreed with his interpretation of the law. Larson was not in attendance for that meeting but Public Safety Chair Maria Jones told Templin she would see to it that a meeting takes place so he could get his response.

ATTORNEY WON’T OFFER OPINION, CITING PENDING LITIGATION

A week later during the city council’s full work session on May 13, Jones gave a committee report to the full council and Councilman At Large Andy Liuzzo asked if there was any new information regarding Templin’s request for a full opinion from the city on the zoning ordinance issue.

Jones said that she had talked with him and they would be working to get something scheduled with Larson. At that time Larson – who was in attendance for the work session – explained he would be holding off on that until after consulting with the city council.

“I have prepared and I will be briefing the public safety committee and the council at large with what they determined we should do on the issue that he brought up before I have any other kind of public conversation with him about it. It’s something where, as an attorney, I don’t feel comfortable getting into a public sparring match over the legalities of any particular action that the council has taken in the past. I want to make sure we have that discussion as a counsel first,” Larson said.

“We can do that,” Jones responded, but added, “My vision, really the conversation is really what does he think this ought to look like and feel like for someone who lives where he lives and hears what he hears. So what’s happened in the past and whatever code violations he thinks we’re, I’m less interested in that and really trying to understand what he thinks would fix it for him. Not that we could do anything about it but it’s worth listening to. So I’m not sure in that kind of a discussion you have to give an opinion about anything that’s happened in the past.”

Jamestown mayor Sam Teresi also noted that the council would be further briefed on the matter in executive session because there was some prospective litigation overtones. Teresi added that Larson would have a report ready on the matter for the first work session in June. As a result, Templin wouldn’t be getting a thorough explanation and response from the city on the zoning matter until early June at the earliest.

TEMPLIN ALSO RAISES CONCERN OVER SPECIAL EVENT FEES

In addition to the zoning concerns, Templin also recently raised concern about the city not properly collecting special event fees from the Jamestown Renaissance Corporation for the various events that it holds downtown. Specifically, he said the city isn’t collecting event fees for each individual day of an event sponsored by the JRC, and instead lets the organization pool a series of events into a single application. As a result, Templin has claimed the JRC hasn’t paid $7,000 in fees.

Templin is refering to Section 249-5 of the city code dealing with Special Events, which states:

The fee for a special event permit for an application submitted by a not-for-profit organization 30 days prior to the date of the event shall be $100 per event. The fee for a special event permit for an application submitted by a for-profit organization 30 days prior to the event shall be $175 per each day of the event. For an application submitted less than 15 days prior to the date of the event, the fee shall be increased by $25. For an application submitted less than seven days prior to the event, the fee shall be increased by $50. In the case of a for-profit organization, the increased fee will be imposed for each day of the event.

The language for that section of the code clearly separates rules for Not-for-Profit organizations and For-Profit organization, with only the For-Profit applicant required to pay a fee for each day of an event. As a result the JRC would be precluded from having to pay a fee for each day its event or events take place.

Jones said on April 8 that she disagreed with Templin’s charge.

“It doesn’t come to the public safety committee that way and so I question that it actually happens the way he says, but we’ll go through those applications and try to find what he is talking about,” Jones said.

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GARY TEMPLIN’S WRITTEN STATEMENT TO PUBLIC SAFETY COMMITTEE
(Delivered to the committee in person on May 6, 2019 with a copy also provided to WRFA)

We have been affiliated with our properties at 16-18 East Fourth Street and 317 Pine Street since the fall of 1979 when we created MacDuff’s Restaurant. We began the restoration of the townhouse at 18 East Fourth Street in 1994 and moved into it in 1996.

Note: See http/historichomejamestownny.weebly.com for pictures of the restoration we have done to our property.

When we first moved into our townhouse on Fourth Street, evenings and weekends were quiet. We could sit out on our rooftop terrace and enjoy the view of the city without being disturbed. As a result, we were motivated to spend the next three decades restoring and rebuilding every square inch of our townhouse. Since our retirement in November of 2013, we have removed all traces of commercial use in the townhouse and returned it to its original use as a single-family home. This was done with our own funds making us “poster children” for what could and should be done in Jamestown.

We hoped that this would ignite a desire to restore the only remaining block of townhouses in Jamestown back to single family homes as they were originally designed. All over the country, buildings like these townhouses are being reclaimed by young professionals or “empty nesters” looking for quality homes with less maintenance responsibilities.

Unfortunately, this is entirely at odds with the plans and agendas of the Jamestown Renaissance Corporation. The trouble began when the Downtown Jamestown Development Corporation (DJDC) under Lee Harkness and later the Jamestown Renaissance Corporation decided that the downtown was too quiet and needed to be more active. The Jamestown Renaissance Corporation in particular has forced its own agenda on the downtown without regard to the rights and concerns of property owners and residents like us. People on their boards who do not live downtown and many who do not even work downtown, decided that they knew what was best for the downtown. They believe that the buildings should be a mixture of apartments and commercial uses with many activities outside on the streets. Had we known that they would so drastically change the character of the downtown, I doubt that we would have invested our money. I doubt that anybody else will either.

Previous planning and zoning boards understood that all the ares of the city needed to be protected from unnecessary noise and disruptive activities. They recognized the negative impact of reverberation of sound off buildings in the downtown and prohibited outdoor amusements and entertainment. They wrote and helped to enact existing zoning in October of 1998 preceded by the noise ordinances in March 1962. The City Zoning Ordinance in Section 300-0204 and Section 300-0312 prohibits outdoor entertainment or amusements in the downtown area.

Zoning Ordinance Section 300-0204 Interpretation of permitted uses reads that “no use shall be permitted in any zoning district unless stated to be permitted in a specific or general permitted use listing for such zoning.

Zoning Ordinance Section 300-0312 C-M Service and Highway Commercial District is the first zoning district that permits “Amusement enterprises not conducted within a completely enclosed building” which is defined as “a building separated on all sides from the adjacent open area or from other buildings or other structures by a permanent roof and by exterior walls or party walls pierced only by windows or normal entrances or exit doors.” The only zoning districts to permit outdoor entertainment are in the C-M, L-M and M Districts. None of the downtown core is located within these zoning districts.

It was Phillip Morris, head of the Arts Council, who wanted to have parties on the downtown streets thereby making the downtown appear to be more alive. Phillip Morris help to create the Downtown Jamestown Development Corporation that used “party planning” downtown to bring people to the city for free events that he thought would spark an interest in exposing existing businesses to potential customers. The idea was admirable in concept; but it backfired. Phillip Morris’s group would close off streets to have festivals downtown. This resulted in loss of on-street parking spaces, difficulty in maneuvering traffic around downtown and disrupting deliveries to and from businesses.

He proposed creating a “Celebrate Jamestown 1999” at a Jamestown Area Chamber of Commerce meeting on October 21, 1998. He became frustrated by the zoning ordinance’s restrictions that prohibited his organization’s activities. He ran for City Council and pushed through the “Special Events” ordinance on October 25, 1999. He thought that it would permit him and his organization to bypass existing zoning restrictions.

This was not only wrong it was a complete conflict of interest. The “special events” ordinance did not override the specific restrictions listed in the Zoning Ordinance’s Section 300-0203 Conflicts with other regulations which states “Whenever any provision of this chapter is at variance or conflicts with any other provisions of this chapter or of any other statute, local ordinance, local law or regulation covering any of the same subject matter; the most restrictive provision or the one imposing the higher standard shall govern.”

NOTE: This means that no ordinance including the special events ordinance supersedes the Zoning Ordinance’s ban on outdoor entertainment in the downtown area. This clearly prohibits the “loop hole” Phillip Morris tried to provide by the “special events ordinance.”

In 1999 a substantial group of downtown merchants submitted a petition to the City Council opposing Phillip Morris’s activities. City Council did not listen to the business leaders nor did they stop their fellow council member, Phillip Morris, from imposing his agenda. He insisted that closing off streets for special events and putting live, outdoor entertainment or music downtown would improve business development; but, it did nothing helpful and has in fact contributed to the loss of retail business and and an increase of vacancies downtown. The bast majority of the businesses who signed the petition are no longer operating downtown. Some have located elsewhere. Others just closed their doors.

To understand what happened to downtown Jamestown during the 1970s and 1980s, you need to know what makes a shopping area work. Every shopping mall has anchors and parasite shops. The anchors are usually at either end of the mall with the parasite shops in between. In theory, customers will walk between the anchors and visit smaller shops. In downtowns, the anchors normally consist of businesses that draw people downtown like department stores, financial institutions, utility offices, major government complexes and some theaters. As anchors leave, parasite shops suffer and eventually close.

The following table shows what has actually happened to the downtown core which is defined as the area from Prendergast to Washington between Second and Fourth Streets:

Note: *Chautauqua Mall had been built and depleted downtown stores
**Internet Shopping became prominent with the advent of the world wide net and Amazon.

As the number of events increased, the number of stores in the downtown core area decreased. Later as the number of events dropped, the number of stores increased. One can conclude that the events did not help improve the downtown; if anything, they hurt the downtown. If you add in the fact that outside vendors for these events deprive revenues from existing downtown businesses you can see the negative impact of bringing in these events. It was our personal experience as restaurant owners that whenever “special events” were put on downtown, our business suffered a loss of income. The closing of streets removed on-street parking spaces and made it difficult for our patrons to get to the restaurant.

The Mayor and City Council have abandoned their responsibilities of protecting the downtown by ignoring the City’s existing laws and ordinances. The most disturbing thing is that the mayor and most City council members do not even know their own laws and ordinances. It should be a requirement that when a person is elected, they must be made to read the laws. This should apply to the city attorney as well. One good thing is the previous city attorney has left. She apparently did not read the City Codes; or, if she did, she did not understand them. Hopefully, the new attorney will be more informed.

The Jamestown Renaissance Corporation (JRC) has not accomplished any improvements that have had a lasting impact to bring private, taxable development to the downtown. Bases on the assessment roles, $13,261,900 or 46.6% of the downtown core’s real estate value is currently exempt from real estate taxes. As an example, the ice arena is totally tax exempt. The old railroad station now part of the National Comedy Center assessed at $5,000,000 is tax exempt. JRC has done nothing but “eyewash” with their painting of buildings and mock display windows.

Somehow, JRC as convinced City Council that JRC has the solution to downtown development based on a “master plan” that they sponsored, helped finance and contributed ideas and other input. JRC has also interceded to facilitate activities that advance its own agenda. When they felt that the City’s special events ordinance was impeding events by charging too many fees, they stepped in and pressured the City clerk and City Council members to overlook the letter of the law. The City Clerk reported in minutes from a Public Safety Committee meeting dated June 18, 2018 that the “each and every day” fee of “application fee” of $175 containing a total of 46 separate events for a local bar. There is no provision in the City Code that permits such an arbitrary action. This lost City taxpayers $7,875 in required fees.

We ran an award-winning restaurant for 33 years in the downtown, restored a townhouse in a historic block and created an executive apartment on the second floor of 317 Pine Street. For running a business and making significant improvements to our properties, we have received no thanks as people dedicated to and supporting the downtown. We are simply portrayed as complainers. The Jamestown Renaissance Corporation and other powers that be only want to pursue the easy route of sticking free concerts and block parties on the streets. God forbid that they should be shown up by private citizens spending their own money and doing the hard work to preserve and stabilize the downtown.

It is time the that the mayor and City Council ignore the inept meddling in the downtown by the Jamestown Renaissance Corporation and start to enforce the existing laws and stop the various activities that have contributed to the demise of most of the businesses in downtown Jamestown.

Jamestown Public Market Manager Linnea Carlson discusses parking concerns with the city public safety committee during its May 6, 2019 meeting.

JAMESTOWN – Organizers with the Jamestown Public Market are hoping motorists who park in an area of downtown Jamestown will be more cooperative this year once the market opens in June.

On Monday night Public Market Manager Linnea Carlson and Jamestown Renaissance Corporation executive director Peter Miraglia appeared before the Jamestown City Council’s public safety committee to voice their concerns about vehicles being parked on Cherry Street the day the market is held.

Jamestown Public Market Manager Linnea Carlson shows signage the market uses to help raise awareness about its weekly event for downtown motorists.

The Jamestown Public Market takes place every Saturday from June through October, 10 a.m. to 2 p.m., and a special event permit allows the market to close Cherry Street between Second and Third Streets from 8 a.m. until 4 p.m. that same day.  That event permit also includes blocking off the street to ensure no parking during that time period.

However, Carlson noted that last year there were recurring problems with vehicles that would park on the street the night before and still be parked on the street that morning at 8 a.m.

“What we have done in the past is on Fridays we put up our own signage, but it really doesn’t do much. People still park there,” Carlson explained. “We want to find an easier solution because when I get there we have to find a way to get these cars off the street. We have resorted to contacting the police department to see if they can run the license plate and find out who owns the car. Sometimes that works, but sometimes it doesn’t.”

Carlson added that when vehicles are in the area, they create a safety problem for those who work at and also visit the market once it is in session.

“There were two instances when we couldn’t get a car moved before the market opened at 10 a.m. I couldn’t put a vendor in that spot, I have to leave the car in the middle of the market, and I can’t watch that car the entire market because I’m the manager, I have to be all over the place. And then the person returned to their vehicle at noon while the market is in full session. I have a hundred people in the street and they get in their car then drive through the market,” Carlson said. “We have children, we have families, we have people that live at Covenant Manor and Hotel Jamestown so it’s been a consistent issue for us.”

Carlson added that the market does have the authority to call police and work to have vehicles towed from the street if they are there during the restricted time period, but would prefer not to if possible.  Jamestown Police Chief Harry Snellings also noted that the police did that once last year and the city is now being challenged on the legal authority to have a vehicle towed when there is no city  law or city issued sign, clearly stating that parking is restricted during the time period mentioned.

After explaining the problem, Carlson asked the city could post signs that clearly stated the hours parking isn’t allowed on the street during the designated hours.  Committee chair Maria Jones said the officials would look into the issue of posting signs with the city department of public works.

The Jamestown Public Market opens on Saturday, June 8.

NY Assemblyman Andy Goodell, Rev. Chloe Smith, Hispanic Community Council of Chautauqua County director Max Martin, YWCA executive Director Jacqueline Chiarot Phelps, and Jamestown Councilwoman Maria Jones.

JAMESTOWN – Dozens of community members stopped by the YWCA of Jamestown Thursday to take part in the YWCA Jamestown’s “Stand Against Racism” Pledge Signing event.

According to YWCA executive director Jacqueline Chiarot Phelps, the event was one of many held by YWCAs across the country to  Stand Against Racism from April 25-28.

“The YWCA’s mission includes eliminating racism. It’s the fist part of our mission. So we were happy to come together today as part of the YWCA USA’s ‘Stand Against Racism’ to encourage this community to include all and to realize that we are one community and to eliminate racism,” Chiarot Phelps said.

The event also served as the kickoff to the re-start of YWCA’s Social Justice Committee, which will meet on the third Wednesday of each month, starting in May.

“Part of today’s mission was to kick off our Social Justice Committee and that will be restarting every third Wednesday of the month. So May 15 will be our first meeting at 5:30 p.m. at the YWCA, 430 North Main Street,” Chiarot Phelps said. “It’s open to the public. We believe that eliminating racism is a huge part of our community and we want to make sure that the community members who are engaged and excited to do that are included.”

Joining Phelps in speaking at the event were several local officials, including Assemblyman Andy Goodell, Hispanic Community Council chair Max Martin, Rev. Chloe Smith, and city councilwoman Maria Jones, who said that while the current national climate might make us think there are major problems to making racial justice a reality, ground is being gained locally in the Jamestown area.

“The city of Jamestown is like a lot of cities in America. We thought that we had gotten so far ahead with racism, but now, recently, we’ve seen all the negative things that the news can give to us. But you know what? There’s been a lot of work, and a lot of caring, and a lot of improvement in this area. Don’t be jaded by the news all the time and bout how bad things are. Things are good, they can be good, and I believe they can be better in the city if all of us here – everybody in this room – takes part in what the YWCA is trying to do here,” Jones said.

Anyone wanting to learn more about the YWCA and its its mission, as well as how to become a part of the Social Justice Committee can visit YWCAOfJamestown.com.

During last week’s committee meeting, city councilwoman and committee chairwoman Maria Jones (D-Ward V) said downtown resident Gary Templin raised his concerns about outdoor events in downtown Jamestown being in violation of a city ordinance.

“He said the city is in violation of two zoning ordinances, which prohibit outdoor entertainment and amusement in the Jamestown downtown area. He’s concerned about that, and why we are allowing these public events [to take place],” Jones said.

The Public Safety Committee is responsible for reviewing and approving all special event applications in the city.

In addition, Jones said that Templin also raised concern about the city not properly collecting special event fees from the Jamestown Renaissance Corporation for the various events that it holds downtown. Specifically, he said the city isn’t collecting event fees for each individual event sponsored by the JRC, and instead lets the organization pool a series of events into a single application.  As a result, Jones said that Templin claimed the JRC hasn’t paid $7,000 in fees.

Jones disagreed with Templin’s charge.

“It doesn’t come to the public safety committee that way and so I question that it actually happens the way he says, but we’ll go through those applications and try to find what he is talking about,” Jones said.

Besides his concerns about city code violations and the collection of event fees, Templin also expressed concern over the rise of tax exempt properties in the downtown Jamestown area during the past few decades and illustrated his point by showing a map highlighting tax exempt properties from the 1970s compared to a map of tax exempt properties today.

Jones said Templin’s concerns will be discussed further during Monday night’s Public Safety Committee meeting, which begins at 7:15 p.m. in the Police Training Room on the 4th floor of city hall and is open to the public.

In addition, the city council will also hold a full work session at 7:30 p.m., which is also open to the public.