(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 However, since then, Andolara’s name was withdrawn and Williams was added instead.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*

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.

JAMESTOWN – Jamestown city officials spent a great deal of time Monday night responding to a series of complaints about downtown noise and entertainment raised by a city resident during the past few months.

Jamestown Mayor Sam Teresi, City Attorney Peter Larson, and Zach Agett from the Jamestown Renaissance Corporation (JRC) spent 40+ minutes during the Jamestown City Council’s work session responding to a series of recent complaints and allegations of code violations brought forward by downtown resident Gary Templin.

Jamestown Mayor Sam Teresi discusses recent complaints from a downtown resident regarding outdoor music events during the city council’s June 3 work session.

Since February, Templin has attended several city council public safety committee meetings to voice his displeasure about outdoor events that feature amplified music, saying they are in violation of city code. He’s also said the city’s special event permit process that allows for outdoor events is in violation of the city zoning law.

The most recent complaints brought forward by Templin included an 11-page letter to the public safety committee in May, in which he not only lays out his charges of code violations by the city, but also is heavily critical of city officials – past and present – along with the JRC. The letter also tried to connect downtown events to a decline in downtown business, claiming they’ve resulted in more businesses leaving downtown because of the street closures that are required for some of them.

Teresi said several of the items listed in that letter were flat out wrong and incorrect, including the claim that events are driving businesses and development away from the downtown area.

“What killed retail in downtown Jamestown? Was it the advent of suburbs? Shopping malls? Big box stores in a no-growth economy? Was it the advent of Internet shopping? Or was it a few public events a year in which a street might have been closed down for a matter of a few hours?” Teresi asked rhetorically.

Teresi also pointed to over $250 million in private and public investment in downtown development during the past 15 years, saying it illustrates that there is a renewed interested in the downtown and recent years and part of that relates to the activities and entertainment that it provides.

“It’s being driven, not by a desire to be out on Walden Pond some place, but the investment in downtown residential is being driven by people wanting to be downtown because of what downtown currently offers and what downtown has the potential to offer,” Teresi said.

Peter Larson discusses his interpretation of city code, as it pertains to entertainment events in downtown Jamestown, during the city council’s June 4 meeting.

Larson also addressed Templin’s alleged code and zoning ordinance violations, saying he disagrees with Templin’s interpretation of the law, though he couldn’t get into to many specifics during the public portion of the meeting because of the possibility of litigation.

“I am of the conclusion that the practices of the council and the public safety committee, as it has been, is within the code,” Larson explained. “I will go into more detail in executive session because i do have to, at this point, consider Mr. Templin a potential litigant to the point that I don’t think the city should discuss potential strategy in open session.”

While the city feels it is on legal ground to continue having downtown events with amplified music moving forward, Teresi acknowledged that it may be time to update the city code as it pertains to downtown entertainment activity to ensure there is no confusion about what can and can not be permitted.

“There’s language that may not be applicable for today, such as ‘amusements.’ That’s a term from the 50s,” Teresi said. “Amusements conjure up an amusement park, circuses, the firemen’s gala days. Not a folk music concert series or a public market that runs for a limited time or ends before everybody is going to bed.”

Currently there is no mention of amplified music or musical entertainment in the city zoning law and instead, the only thing that is mentioned is restriction on where Amusement Enterprises can be located.

Meanwhile, Teresi concluded he feels city officials are doing the right thing to help improve the quality of life for residents and businesses in the community and they will continue to allow downtown entertainment activities to continue in the future.

“We try very hard and in some cases you’re not going to make everybody happy, but if the bulk of the community is in agreement and is benefiting. And the business community is happy, that’s what we can shoot for so just keep doing what we’ve been doing and try to be the best at it,” Teresi said.

Agett was and said that by and large, the downtown businesses his organization has talked to have all said they appreciate downtown entertainment activities, even if some lead to temporary street closures. He shared positive comments from two downtown businesses – both Forte Restaurant and Full Moon Rising Bakery. In addition, representatives from Crown Street Roasting Co. were also in attendance and said there business benefits the downtown events and hope they will continue in the future.

Templin was not in attendance during last night’s meeting.

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.

– – –

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.

Downtown Jamestown 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.

JAMESTOWN – Jamestown’s new city attorney will be meeting in the coming weeks with a city resident who’s voiced his concerns over alleged violations of the city noise ordinance as it pertains to outdoor music being allowed during certain special events downtown.

During Monday night’s City Council Public Safety Committee meeting, the committee met once again with resident Gary Templin. Last week Templin appeared before the committee to inform city officials they are violating city code when the committee approves special event permits that involve activities featuring amplified music in an outdoor setting downtown.

Special events in the past that have allowed for outdoor music include the Third Thursday concert series in the Wintdergarden Plaza, the Wood Park Wednesday concerts, live music during the Cruz’ In classic car shows, and the Lucille Ball Comedy Festival Block Party in front of the Reg Lenna Center for the Arts.

This week, the committee responded to those concerns by having city attorney Peter Larson on hand to respond, stating that the city disagrees with Templin’s reading of the law.

Templin again reiterated his interpretation.

“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 responded. “So no outdoor entertainment is permitted in the downtown area. And you’re telling me that’s not true.”

Larson didn’t have prepared opinion available and told Templin he would work to write on up in order to provide the specific reasons why the city disagrees.

“At the direction of the council, I will draft an opinion for you that will lay out why I think your interpretation is incorrect and can provide that for you and to the council,” Larson said.

A specific timeline was not provided for when that opinion would be prepared but Larson did tell Templin he would notify him as soon as it was so the two sides could meet to further discuss the matter.

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.