(From Left to Right): Elliot Raimondo, City Corporation Counsel; Crystal Surdyk, Director of Development; Jennifer Williams, City Clerk; and Jeff Lehman, Director of Public Works, are sworn in for their respective positions during the Jan. 27, 2020 Jamestown City Council Meeting.

JAMESTOWN – The city of Jamestown officially has a new Director of Development, City Clerk, and City Attorney.

On Monday night the Jamestown City Council approved mayor Eddie Sundquist’s appointments for various city departments, agencies, board and commissions. The appointments were initially submitted on Jan. 1 but the city council waited until this past Monday’s voting session to approve them.

Crystal Surdyk, who had been serving as acting director of development since Vince DeJoy resigned in last November, has been appointed to the position for the next four years. Prior to being acting director of development she worked in the city’s planning department.

Meanwhile, Elliot Raimondo will serve as the city’s new corporation counsel, replacing Peter Larson, who was only in the position for about eight months as he finished the term of former city attorney Marilyn Fiore-Lehman. She had left the post in the spring of 2019 shortly after former Mayor Sam Teresi announced he would not be seeking reelection. Raimonodo is a Jamestown native and a 2015 SUNY Buffalo Law School graduate. His background is in labor contracts and collective bargaining.

The new city clerk will be Jennifer Williams, who will replace outgoing acting clerk Jim Olson. Williams was not Sundquists first selection for city clerk. The initial appointment he had submitted on January 1 was Rudi Andalora. However, since then, Andolara’s name was withdrawn and Williams was added instead.

“In looking at the best talents and where people fit in, we’re looking at a potential different position for [Andalora]. In the meantime, Jennifer Williams, who was the deputy clerk, has stepped up to become the new clerk for the city and the council has been fully supportive of that,” Sundquist said.

Andolara had not previously worked in the city clerk’s office prior to Sundquist putting his name forward. Meanwhile, Williams has served as long-time staff member of the clerk’s office working under both Olson and former city clerk Todd Thomas.

Also being reappointed was long-time city Department of Public Works Director Jeff Lehman.

OTHER BOARDS AND COMMISSION APPOINTMENTS APPROVED BY CITY COUNCIL
*Notes Reappointment

• Board of Public Utilities – Gregory Anderson, Lana Huston, Kenneth Mark, Grant Olson (city council), Marie Carrubba* (city council)
• Zoning Board of Appeals – Timothy Smeal, Stephen Sorg, Ellen DiTonto*
• Planning Commission – Michael Laurin
• Jamestown Urban Renewal Agency – Gregory Noon
• Jamestown Local Development Corporation – Peter Schiera, Margaret Kaltenmeier, Tom Nelson* (city council)
• Board of Assessment Review – Heather Fagan, Debra Loder-Clark
• Parks, Recreation and Conservation – Adam Irgang, John Bauer*, Victoria James (city council), Kim Ecklund* (city council)
• Riverfront Management Council – Leigh Rovegno, Russ Diethrick*, John Bauer*, David Anderson*, Anton Leenders*, Jennifer Lumia*, Brent Sheldon (city council)
• Veterans Memorial Commission – Scott Pentheny, Joshua Miller, George Spitale*, Daniel Kell*
• Board of Electrical Examiners – Andrew Nickerson, Steven Nowell*
• Marriage Officer – Camille Krawczyk, Greg Rabb*, Paul Whitford*

The Jamestown City Council accepted the resignation of city attorney Marilyn Fiore-Lehman during its March 2019 voting session.

JAMESTOWN – The Jamestown City Council last night approved the resignation of longtime city attorney Marilyn Fiore-Lehman and accepted the appointment of attorney Peter Larson as corporation counsel, effective April 11.

The move comes as Fiore-Lehman informed city officials she has accepted a position as an Assistant District Attorney with the Chautauqua County District Attorney’s office.

Fiore-Lehman has served as the city’s top attorney for 19 years and Mayor Sam Teresi noted that she will be difficult to replace.

“She’s done a terrific job for us through some very difficult and trying challenges. These are definitely going to be big shoes to fill and her presence is going to be missed dearly,” Teresi said. “On the other hand, she’s going to be here for the next two-plus weeks. Peter will be in later this week and he’s be working on a three-quarters time basis.”

Teresi said that the three-quarters basis for Larson is due primarily to the term of corporation counsel ending this coming December when the mayoral term also ends. Because it is not known who the next mayor will be and Teresi has announced he will not be seeking reelection, Teresi acknowledges it wouldn’t be fair to expect any new corporation counsel to sign on for a full-time basis given the uncertainty of what may come after this year.

Meanwhile, Teresi said that like Fiore-Lehman, Larson will be busy with the day-to-day tasks that come with serving as corporation counsel.

“Corporation Counsel’s position is not only the lawyer for the city, but also represents the city in court – housing court, traffic court – and is also, with restructurings that we’ve done in the past, is they city’s human resource director. She’s been the chief contract negotiator, handling grievances, handling employee disputes, litigation against the city, so it is an all-encompassing position. Full time and then some,” the mayor said.

Fiore-Lehman’s announced departure is the second such resignation by a city officer in as many months. Last month the council accepted former City Clerk Todd Thomas’s resignation as he left city government to also take a job with the the county in the County Attorney’s office.

Larson, meanwhile, comes from the local law office of Bly, Sheffield, Bargar and Pillitieri. He is a Jamestown native with a law degree from Case Western University and was was admitted to the New York State Bar in 2015.

On Wednesday a ruling was posted by the Public Employment Relations Board involving the arbitration decision for a collective bargaining agreement with the Kendall Club police union, covering the years 2016 and 2017.  The arbitration panel was formed after the city and the union reached an impasse in contract negotiations.

The ruling included a 2 percent salary increase for all police officers for each of those two years. The panel also ruled that members of the union shall pay 19 percent toward the total monthly premium for health and dental insurance and any employee or retiree who doesn’t participate in the city’s voluntary health and wellness program will see their premiums payment set at 26 percent, effective Dec. 31, 2017.  The arbitration panel also unanimously ruled that effective January 1, 2016 all employees who have completed 17 years of service shall receive longevity payment of $3,000 per year thereafter.

As part of the pay-raise issue, the arbitration ruling also stated that the retroactive raise must be made to the members no later than Dec. 15, 2018.

WRFA reached out to the mayor and city Comptroller Joe Bellitto on Thursday morning asking what impact the ruling would have on city finances moving forward. On Friday afternoon, the city sent out the following statement to all regional media and attributed to city attorney Marilyn Fiore-Lehman:

The City of Jamestown has received the Arbitration Award issued in the Compulsory Interest Arbitration matter between the City of Jamestown and the Kendall Club Police Benevolent Association. The City is in the process of reviewing the award and calculating the anticipated costs and the potential impact on past, current and future budget years. The City is also reviewing all of its legal options with respect to the award. The City does not wish to comment further with respect to this award until such time as staff and legal counsel have had an adequate opportunity to fully discuss and brief the Jamestown City Council regarding all aspects of the award. The next opportunity staff and legal counsel will have to discuss the matter jointly with the Mayor and City Council members in executive session will be at the meeting scheduled for October 29, 2018. Until that time, all inquiries regarding this matter should be directed to the Office of Corporation Counsel.

The arbitration decision not only has an impact on the police union, but may also weigh in on the city firefighters union (Jamestown Professional Firefighters Association), which is also without a contract and has not had one in place since the end of 2015.  Typically the firefighters’ contract and any related changes to salaries and/or benefits is similar, if not identical, to the one given the police union.

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Audio from the June 18, 2018 Jamestown City Council work session with councilman at large Andrew Liuzzo voicing his concerns over ongoing contract negotiations between the Jamestown Board of Public Utilities and the neighboring Town of Ellicott in regards to water and wastewater service.  The discussion also featured comments from Jamestown city councilman Tony Dolce (who was serving as president pro tem in the absence of sitting president Marie Carrubba), Mayor Sam Teresi, councilwoman Kim Ecklund, and city attorney Marilyn Fiore-Lehman.

A recap of the story was also posted by WRFA on June 19.

Jamestown City Councilman Andrew Liuzzo (center) during the city council’s April 23 work session.

JAMESTOWN – Tempers flared during Monday night’s Jamestown City Council work session after freshman city councilman Andrew Liuzzo questioned and discussed ongoing contract negotiations involving a new water and sewer agreement between the Jamestown Board of Public Utilities and the Town of Ellicott.

During last night’s city council work session, Liuzzo shared details of a correspondence he received from Town of Ellicott Supervisor Patrick McLaughlin in which Mclaughlin purportedly voiced his disappointment with the BPU for pulling a proposed water and sewer agreement from its April meeting agenda. Instead, the BPU’s negotiating team returned to the town officials new terms for the agreement and McLaughlin purportedly felt it was going against a “handshake” agreement between the two sides.

While all members of the city council apparently received McLaughlin’s correspondence, it was not sent to the mayor or any other member of the city administration, nor to officials with the BPU. Both the prior draft agreement and a new draft agreement were also included in the correspondence.

“The proposal that went to the town of Ellicott had over 50 changes to what was presented the month before,” Liuzzo said. “He is very sad that we are not working together as neighbors. And before anybody says that I care more about our neighbors than I do about the city of Jamestown, I want to make this perfectly clear, the city of Jamestown needs to get along with their neighbors.”

Jamestown Mayor Sam Teresi and councilman Tony Dolce – who was serving as president Pro Tem during the work session due to council president Marie Carrubba being absent – questioned Liuzzo on why he didn’t seek more details on the process from the mayor or a council representative on the BPU before going public with his concern.

“I was blindsided by this. I didn’t know anything about it,” Liuzzo said.

“Did you ask anybody?” Dolce responded.

“How could I ask about something I didn’t know? I was blindsided by this.” Liuzzo countered.

“Did you bother asking about it after you got this letter?” Teresi then asked.

“I am responding to this letter,” Liuzzo said.

“But did you bother asking anybody about this letter?” Teresi again asked.

“Mr. Mayor, I am responding to this letter,” Liuzzo again said, apparently feeling the appropriate time to ask about it was during the work session.

Jamestown Mayor Sam Teresi during a 2017 city council work session.

Several city officials – including Teresi, Dolce, and council woman and BPU member Kim Ecklund – reminded Liuzzo that ongoing negotiations are not something that should be discussed in open session. They also took him to task for not understanding how negotiations typically work in municipal government.

“The process is a tentative agreement between the negotiating bodies (Town of Ellicott and BPU negotiating team). It then goes to the BPU board…” Teresi said, before being interrupted by Liuzzo.

“The statement [from McLaughlin] was that they agreed with a handshake,” Liuzzo said.

“The Board of Public Utilities did? Could you show me that evidence please?” Teresi asked.

“That was the statement,” Liuzzo said.

“Do you know if the Board of Public Utilities voted on this agreement and then reneged?,” Teresi asked.

“Do you know if they did?” Liuzzo countered.

“I know that they didn’t,” Teresi responded. “The members of the Board of Public Utilities never agreed to anything.”

“I’m asking you mayor. Are you saying that there was not a tentative agreement in April and it was changed in May? is that what you’re saying?” Liuzzo asked.

“To the best of my knowledge, correct,” Teresi replied.

“You are aware of it though.” Liuzzo responded.

“I am aware that the nine members of the Board of Public Utilities – of which I am a member – never agreed to any agreement and sent it on to the city council for the final review,” Teresi said.

The mayor and other city council members  also explained to Liuzzo that the city council is responsible for reviewing and ratifying any inter-municipal utility contracts ONLY after it is drafted by a negotiating team and approved by the BPU.

“Once [the BPU board members] make the tentative agreement with a public, transparent vote, then it gets sent on. That’s the handshake right there, not staff members,” Teresi said. “The ‘handshake’ is made by the members of the Board of Public Utilities. Go back and read your charter and code. Once that is done, it then goes to [the city council]. It goes through the finance committee and then on to this body for the full ratification. Once the full ratification happens, then the mayor and chief executive officer of the city – then and only then – can sign off on the agreement or choose to veto it. We weren’t even near the point in the process of having a tentative agreement because the Board of Public Utilities has not taken action on anything.”

Liuzzo joined the city council in January after winning election as an At Large councilman in November. During his six months in office he has not yet been involved in acting on a contract agreement for the city. Both Dolce and Ecklund pointed this out to Liuzzo, suggesting he should first familiarize himself with the process before publicly voicing his concerns and criticism.

Liuzzo appeared unphased by being informed he was out of line in bringing the issue up during an open work session where the public was present. When it was explained that those types of discussions are intended to take place during executive session to help maintain and protect the integrity of the negotiating process, Liuzzo said that he was only speaking in general terms and didn’t give out any specific details.  However the city attorney Marilyn Fiore-Lehman told Liuzzo he did disclose some information that was part of ongoing negotiations.

Following the more than 30-minute discussion on the matter in the public portion of the meeting, the council finally entered into executive session to discuss the issue further.

According to the Jamestown Post-Journal, The last BPU and town of Ellicott water and sewer agreement contracted, which was for 10 years, expired in 2008. City officials notified town of Ellicott officials in November 2016 that they would prefer to have a new water and sewer contract agreement.

A copy of the contract that was not voted on by the board was included in the BPU’s April meeting agenda and posted online by BPU officials. The contract stated a new water and sewer deal would be for 20 years, with customers in the town of Ellicott paying two times the rate of city customers. The contract also stated the city would get 18 percent of the overall water sales.

The relationship between the city and Town of Ellicott officials has been tenuous the past year-and-a-half due to the city’s effort to annex a piece of property it owns in the Town of Ellicott / Village of Falconer in order to save an estimated $160,000 annually in tax payments. That matter is expected to be decided on by a state court later this year.

Jamestown city councilman Andrew Liuzzo (left) shares his thoughts and concerns regarding recent amendments to the bylaws of the Jamestown Local Development Corporation during the council’s Feb. 12 work session. The bylaw amendments included a transfer of the power of appointment for three of the nine JLDC board seats. During the meeting the council learned it did not have the ability to amend any of the JLDC bylaws.

JAMESTOWN – The Jamestown City Council has received an update on the question of whether or not it would be able to make changes to the bylaws of the Jamestown Local Development Corporation (JLDC).

On Monday night City Attorney Marilyn Fiore-Lehman and City Clerk Todd Thomas explained why changes were made to the JLDC bylaws late last year without needing approval by the City Council.

Under the JLDC’s original bylaws, it stated that any amendments approved by the JLDC board of directors must also be approved by the full city council before going into effect.  However, the JLDC approved its new bylaws at the end of November 2017 and they immediately went into effect, without approval of the city council.

• Original 1981 JLDC Bylaws [PDF]
• Updated 2017 JLDC Bylaws [PDF]

Fiore-Lehman explained that because the city council had signed off on a new Certificate of Incorporation earlier in 2017, it meant that the JLDC could unilaterally change its bylaws without needing final approval from the city council.

“With the adoption of the certificate of incorporation which was approved by the State of New York, it essentially eliminated the need for the council to approve any further changes or amendments to the JLDC bylaws,” Fiore-Lehman said.

The issue of the bylaws being changed without council approval became a concern earlier this year with new council member Andrew Liuzzo (R-At Large), who noted that among those JLDC bylaw changes was a rule that shifts the power of appointment for three JLDC board seats from the organizations they represent over to the mayor, when the president of any of those respective organizations is unable to serve.

Liuzzo said he felt the changes gave the mayor too much power in deciding the makeup of the JLDC board and asked if it was possible for the city council to act on amending that section of the bylaws back to how it was originally written.  Under the revised bylaws, Jamestown Mayor Sam Teresi was able to appoint Jamestown Community College director of development Tim Smeal to represent the Manufacturer’s Association of the Southern Tier (MAST) on the JLDC board, rather than go with MAST’s selection of John Zabrodsky.

Last week Jamestown Mayor Teresi asked both Fiore-Lehman and Thomas to research the matter.

“What came out [of the research] is that the city council has never had the authority to change the [JLDC] bylaws,” Thomas explained. “Previously under the older documents there was the possibility of approval for changes that originated with the corporation, but it is a separate not-for-profit corporation akin to the Humane Society, or Infinity, or anything else. It’s just that the genesis [of the JLDC] came out of the city.”

• READ FULL FINDINGS LETTER [PDF]

Following Thomas’s explanation, Liuzzo then asked if it was possible for any of the three city council members who serve on the JLDC board to bring a resolution forward at the next JLDC meeting so it can at least be voted on.

“I’m just saying that we have an opportunity to make things right,” Liuzzo said. “Not everything we do is correct. Sometimes we make mistakes and sometimes we just need to look at it and say, ‘maybe we should change this and make things right.'”

The three council members that currently serve on the JLDC board are council president Marie Carrubba (D-Ward 4) and finance committee chair Tony Dolce (R-Ward 2) who each serve due to their respective roles on the city council. In addition, councilwoman Kim Ekclund (R-At Large) also serves as a city council appointee of the mayor.  All three appeared to be in support of the bylaw changes and as a result it’s unlikely they would bring the requested amendment resolution to the JLDC board.

The JLDC is a not-for-profit corporation created by the Jamestown City Council in April 1981 which serves as the lending agency of the City of Jamestown’s Department of Development. Recently it has been proposed that the JLDC serve as the purchasing agent of the city’s wastewater treatment plant by borrowing money to make the purchase and then using rates from the Board of Public Utilities Wastewater division to pay back the loan. The plan could generate as much as $16 million and serve as a capitol fund to address various city needs, including infrastructure, equipment and vehicles, and property tax stabilization.

Sheldon House (photo by SUNY JCC)

JAMESTOWN – A state appeals court is now deliberating on the fate of the Sheldon House and whether or not in can be used as a business headquarters.

On May 16, the attorneys for the parties involved in the case appeared in the New York 4th Appellate Division court in Rochester to argue for and against an appeal regarding the zoning variance for the historic home and property, which sits at northeast corner of Lakeview Ave. and Falconer St. Attorneys who presented orgal arguments included Jamestown Corporation Council Marylin Fiore-Lehmen, Jamestown Community College attorney Steve Abdella, and Daryl Brautigam, attorney for the residents who are challenging the variance. Kristen Lee Yaw, who represents the Lynn Development Group, didn’t appear in cort on May 16, but did submit a written argument, on behalf of her client.

The Sheldon House sits in an area of the city that is zoned for residential use only. It is owned by JCC, which announced it was selling the property in early 2016, with Lynn Development  eventually announcing it would buy the home for $240,000, contingent to it receiving a zoning variance so it can be used as the main offices for the company.

In May 2016 the city’s zoning board granted the variance, but that was challenged by a residents in the neighborhood, who didn’t feel there was the necessary hardship requirements needed in order for a variance to go through. In the summer of 2016, the State Supreme Court in Mayville upheld the variance decision, and that ruling was appealed to the state circuit court.

Jamestown Mayor Sam Teresi said that the arguments by attorneys involved in the case were made last week, and now it’s a matter of waiting on a decision.

“Largely, the appellate division does research,” Teresi explained when asked by WRFA for an update Monday night. “They look at all the papers that have been filed, the written arguments. There was about ten minutes of oral arguments, with give and take between the attorneys representing the three parties. Corporation Council reported to me that there didn’t appear to be any bias or indication that they were favoring one side over the other, just a series of clarifying questions that seemed to be equally spread between the three parties and three attorneys.”

Teresi added that there was no indication of the timetable for when the court would deliberate and render its decision. Even once a decision is rendered by the appellate division, there is the option to appeal that decision to the New York State Court of Appeals, the highest court in the state.

City Attorney Marylin Fiore-Lehman (standing) gives details on the annexation timeline to members of the Jamestown City Council during its April 17 meeting.

JAMESTOWN – The effort by the city of Jamestown to annex a piece of property from the Town of Ellicott will be moving forward later this month.

During Monday night’s Jamestown City Council work session, city attorney Marilyn Fiore-Lehman updated council members on the annexation effort for the Jamestown Board of Public Utilities’ electric division substation on Dow St. in Falconer, which sits on a four acre piece of property owned by the BPU and which is adjacent to the city border.

Earlier this year BPU and city officials announced that the property was eligible for annexation and if it were to take place, it which would lead to an annual savings of more than $160,000 for the BPU. That’s because by making the property part of the city, the BPU would no longer have to pay property taxes to Ellicott, Falconer, Chautauqua County, or the Falconer School District. Instead it would make a tax equivalency payment to the city of Jamestown.

During Monday’s meeting, Fiore-Lehman told council members that a petition for annexation has been prepared, and the city council will act on it, along with an environmental assessment. That action would then allow the mayor to sign the petition and have it served to both the Falconer Village Board and the Ellicott Town Board.

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

“Within 20 days of service of the petition on the Village of Falconer and the Town of Ellicott, the Post-Journal will publish notice of the annexation and will set forth in that notice a date for a joint public hearing before the city council, the town board, and the village board,” Fiore-Lehman said, adding, “The public hearing, pursuant to state law, will be held not less than 20 days and not more than 40 days after the notice is published in the Post-Journal.”

In addition to the petition, the council will also adopt an annexation resolution to move forward with the process, and will adopt a SEQR resolution associated with annexation, making the city the lead agent in the environmental review of the property.

Fiore-Lehman also said that once a public hearing takes place, the city, village, and town will be required to act on the annexation, which is likely to be voted down by Falconer and Ellicott officials.

“Within 90 days of the public hearing, the governing board of Jamestown, Ellicott and Falconer will determine by a majority vote whether the petition complies with the law and whether it is in the overall public interest to approve the annexation. Anticipating that one of the governing board, either the Town of Ellicott or the Village of Falconer or both – will determine that the annexation is not in the public interest, then the city of Jamestown will apply to the [New York State 4th Appellate Division] for adjudication and determination of whether the proposed annexation is in the public interest.”

Currently The BPU pays $322,000 a year in taxes for the property to the county, town of Ellicott, village of Falconer and the Falconer Central School District, which means that an annexation would result in those municipalities losing a significant portion of annual tax revenue. As a result, it’s likely they would be opposed to the annexation from moving forward.

The council will act on three related annexation resolutions during the April 24 board meeting.

According to an article in the Jamestown Post-Journal, seven of the 12 members of the Joint Task Force on Efficiency and Cost Reduction were in attendance for the meeting. The task force was set up by Jamestown Mayor Sam Teresi late last year to discuss various cost cutting measures for city government and the Board of Public Utilities.

Among the items to discuss is BPU profit sharing, which has become a contentious item in recent years with the city budgeting additional money from the BPU’s electric and water divisions to help pay for the cost of running the city. Teresi has said that since the city owns the BPU, it has the right to use some of the profits in the BPU budget – which some members of the BPU have said that all profits should be reinvested in the utilities to help stabilize rates.

The task force is chaired by Jamestown city councilman Tony Dolce – who also serves as the chair of the city council’s finance committee. It also consists of other city council members, department heads and officials from the BPU.

According to the article in the Post-Journal, Wednesday’s task force meeting was attended by Dolce along with city council president Greg Rabb, city controller Joe Bellitto, city clerk Jim Olson, city DPW director Jeff Lehman and BPU members Chuck Cornell and Wayne Rishell. Those not attending included city councilwoman Kim Ecklund, city attorney Marilyn Fiore-Lehman, BPU board chairman John Zabrodsky, BPU general manager David Leathers and BPU business manager Mike Anderson.

The Post-Journal says Wednesday’s meeting involved the task force reviewing several cost savings ideas that have been put forward by officials with the BPU, which include consolidating the city DPW into the BPU as well as whether or not city government should oversee the operations of Diethrick Park. Those ideas will be revisited during the next meeting, which is set to take place at 4 p.m. on Wednesday, Jan. 28 and is open to the public.