Jamestown City Council voting session (April 24, 2023)

Jamestown City Council has approved a settlement to end litigation between the City and the company hired to renovate Tracy Plaza.

The City of Jamestown hired Patterson-Stevens in 2017 to renovate Tracy Plaza, which sits above and also serves as the roof for the city police and fire departments along with the city parking garage.

A lawsuit seeking $2 million was filed in February 2019 by the city and New York Municipal Insurance Reciprocal, claiming Patterson-Stevens Inc. was responsible for not properly securing the area, which allowed rain water to damage the police and fire departments below.

That lawsuit was settled in September 2020.

Patterson-Stevens counter-sued the city for breech of contract in July 2020, claiming the city owed over $306,000 in back payment for work that was done at Tracy Plaza in 2018.

The settlement approved Monday night has the City paying Patterson-Stevens $155,000 with Patterson-Stevens paying the city $75,000. Corporation Counsel Elliot Raimondo said this ends all litigation between the city and Patterson-Stevens.

Council also approved lifting the hiring freeze to allow an Ombudsman to be hired. This position replaces the Associate Corporation Counsel position. The ombudsman will perform human resource duties in the Corporation Counsel’s office.

A resolution also was approved to purchase new finance and payroll software from Springbrook using $106,286 in American Rescue Plan funds. This software will replace the KVS system with the administration saying the upgrade will result in time-savings for staff.

Jamestown City Hall on Third St. is surrounded by Tracy Plaza, which is undergoing another renovation phase following action by the Jamestown City Council on April 27, 2015.

Jamestown City Council will vote on a settlement to end litigation between the City and the company hired to renovate Tracy Plaza.

The City of Jamestown hired Patterson-Stevens in 2017 to renovate Tracy Plaza, which sits above and also serves as the roof for the city police and fire departments along with the city parking garage.

A lawsuit was filed in February 2019 by the city and New York Municipal Insurance Reciprocal, claiming Patterson-Stevens Inc. was responsible for not properly securing the area, which allowed rain water to pour into the police station during a heavy rain storm in September 2017.

The lawsuit sought $2 million in damages.

According to State Supreme Court filings, on September 11, 2020, that lawsuit was discontinued by both parties.

However, a few months earlier on July 17, 2020, Patterson-Stevens sued the city for breech of contract, claiming the city owed over $306,000 in back payment for work that was done at Tracy Plaza in 2018.

The lawsuit also claimed that former Jamestown Mayor Sam Teresi had said the departments were susceptible to water damage and flooding even before work began.

According to the lawsuit, Patterson-Stevens said, “The City has breached the contract by delaying the start of the project, issuing an improper stop work order, interfering with Patterson-Stevens’ performance of the contract, improperly withholding payment or failing to pay or reject invoices as required by the Contract, and improperly delaying completion of the project well beyond the June 30, 2018 completion date.”

The settlement has the City paying Patterson-Stevens $155,000 with Patterson-Stevens paying the city $75,000. The resolution filed said the agreement would “discontinue the litigation and resolve the matter.”

Fleet Manager Pat Monaghan, DPW/Acting Parks Director Jeff Lehman, Parks Manager Dan Stone present budget to Jamestown City Council (October 17, 2022)

The Jamestown DPW and Acting Parks Director is expressing concerns over under-funding or lack of funding in the proposed 2023 executive budget.

Jeff Lehman presented the Public Works Department budget to Jamestown City Council Monday night along with Fleet Manager Pat Monaghan and Parks Manager Dan Stone.

Lehman said the cuts in Traffic Division equipment scare him the most with prices going up 25 to 30%, “We’re going to be over budget, I think, this year as far as some of the things we’re ordering. Just the basic things – lights, traffic control boxes, that type of thing. So that’s got me scared. And then the other thing is the laborer. There’s nothing here for summer labor, which you know, we cut that person out, well, you might not know. So, years ago, I don’t know, Kim (Ecklund), was it five, six years ago? We cut a person out of the Traffic Division. The summer laborer position is about the only way we get somebody help to get the lines all painted in the summer.”

Lehman said he didn’t see summer help funded in any of the Public Works divisions. He said his biggest items are capital items and includes the replacement of the Municipal Building roof for an estimated cost of $800,000, “We’re having some minor repairs done this year because the availability of materials precludes us from doing it this year. We’re hoping if we get approval of this, we can get it on order and have materials in place for next year, but we had pretty major leaking in the fifth floor this year.”

Lehman said with the Municipal Building being 50 years old, the infrastructure needs updating including $800,000 to fix wall facade on the outside of the building, $200,000 for air quality control in the building’s HVAC system, and $25,000 to replace plumbing in the jail. He added phase two of the Tracy Plaza deck replacement on the northern portion of the plaza is estimated to cost $1 million.

Fleet Manager Pat Monaghan presented on 20 different purchase requests from the $7.5 million in DPW and Parks equipment and replacement program requests. He said those 20 pieces of equipment were at the end of their life with three vehicles having to be taken out of services due issues that can no longer be repaired.

Parks Manager Dan Stone said his biggest concern that wasn’t reflected in the budget is having enough employees in the Parks Department to maintain the over 500 acres of park land along with everything that has been added to the parks system in the last 17 years, “This year alone, right, we put in what I consider not just a park but a destination place with the Skatepark that we just did the grand opening. But that’s a whole another huge area that we’re looking at having to maintain with the same workforce. We’ve added disc golf. Again, I think it’s going to be another destination place in one of our parks, but that’s another area to maintain as well.”

Stone said two new kayak launches have been installed this year, there are more properties and areas to mow, more garbage pick-up routes needed in the parks, and there’s more demand for parks workers to assist with events in the city, “‘Cause I don’t want to get us to the point where we’re sacrificing quality for quantity. That’s not a point we want to be at. Besides that, we plow more than what we had due to streets projects that have occurred in the alleyways and, again, more developed areas throughout the city. And we still maintain our urban forest and continue to grow and keep that as healthy as we can by trimming, removing trees, and planting new trees.”

Stone said the $10,000 budget line for flags and banners was cut entirely and he said the department was on target to spend $12,000 on that this year alone. He said the horticulture line also was cut entirely, which means the department won’t have a budget to purchase flowers, shrubs, or mulch for flower beds or flower pots in the city.

City Council will hear budget presentations from the City Clerk, Finance, Assessor’s Office, and Corporation Counsel Departments at 6:30 p.m. Monday, October 24 before the City Council’s Voting Session

Jamestown City Hall on Third St. is surrounded by Tracy Plaza.

MAYVILLE – The contractor that was hired by the city of Jamestown to oversee Phase 2 of the renovation work on Tracy Plaza is suing the city for breech of contract. Specifically, Patterson-Stevens Inc., based out of Tonawanda, is claiming the city owes over $306,000 in back payment for work that was done at Tracy Plaza in 2018.

The lawsuit alleging the breech of contract was filed in Chautauqua County State Supreme Court on Friday, July 17.

According to the lawsuit, the city entered into a contract with Patterson-Stevens in July 2017 to oversee Phase 2 renovation work of Tracy Plaza, which included the replacement of the plaza deck, which also serves as a roof over the Jamestown Police Department and City Fire Department. The initial contract called for a payment of $1,534,864 to the firm, with two additional change orders bringing the final tally to $1,645,689.

Funding for the Tracy Plaza renovation project came primarily from a $1.48 million New York State Green Innovation Grant.

However, in September 2017, a strong rain storm swept over the city and led to significant flooding of the city police department. According city officials, the flooding caused damage to city equipment, files, computers and radios. The main entrance to the police department also had to be closed to the public for months. Then in September 2018, city officials claimed additional damage was done to the Jamestown Fire Department when rain water pored into the interior as a result of the ongoing renovation work.

In both instances, City officials claimed Patterson-Stevens Inc. was at fault for the water damage. In February 2019 the city, through its insurance company, filed a lawsuit in Chautauqua County Supreme Court against Patterson-Stevens, seeking $2 million in payment due to the water damage that took place. That case is still ongoing and has yet to be settled.

In the counter-lawsuit filed Friday by Patterson-Stevens, the contracting firm claims former Jamestown Mayor Sam Teresi had said the departments were susceptible to water damage and flooding even before work began.

“Tracy Plaza was in desperate need of repair because, as the City’s Mayor said to Spectrum News on January 4, 2017, the plaza ‘has literally been deteriorating and leaking since day one when the building opened back in 1970,'” it said in its legal complaint.

The firm also claims the city delayed the start of the project in the summer of 2017 by at least one month. It also says that it undertook efforts to protect the surface below the plaza deck from water and moisture, including the installation of a temporary roof. But in April 2018, the city issued a stop work order for the project and ordered Patterson-Stevens to remove the temporary roof. As a result, the firm claims that any damage that was done after April 2018 was due to the city’s improper stop work order. The city then withheld payments to the firm for work that was already done or which continued to take place.

According to the lawsuit, Patterson-Stevens says, “The City has breached the contract by delaying the start of the project, issuing an improper stop work order, interfering with Patterson-Stevens’ performance of the contract, improperly withholding payment or failing to pay or reject invoices as required by the Contract, and improperly delaying completion of the project well beyond the June 30, 2018 completion date.”

Due to its claim, Patterson Stevens says it has suffered monetary damages in the amount of at least $306,048. It is asking the court to not only order the release of the payment, but also pay any interest, attorneys’ fees, costs, and disbursements, along with any further relief as the court deems necessary and proper.

The city and New York Municipal Insurance Reciprocal filed the suit against Patterson-Stevens Inc. in an attempt to recoup an estimated $2 million in damages.

Patterson-Stevens Inc. was hired to renovate Tracy Plaza, which sits above and also serves as the roof for the city police and fire departments along with the city parking garage.

The city and its insurance carrier claim Patterson-Stevens Inc. was responsible for not properly securing the area, which allowed rain water to pour into the police station during a heavy rain storm in September 2017.

Because the lawsuit was only filed this past week, no date has been set as to when the next court action will take place.

The Jamestown City Council during its meeting on Aug. 28, 2018

JAMESTOWN – It will be a busy night at city hall for the Jamestown City Council Monday as members continue to review the 2019 budget while also attending their monthly voting session.

BUDGET HEARINGS CONTINUE

Budget hearings for the city council begin at 6:30 p.m. in the mayor’s conference room (fourth floor of city hall) with a review of next year’s proposed spending numbers for several city departments, including administrative services and the finance department.

Among the budget items the council may discuss tonight is a line item in the budget involving bringing on a new staff member to prepare for the retirement of current city Comptroller Joe Bellitto. Bellitto hasn’t publicly announced his planned retirement though it is mentioned in the city budget.

The council may also discuss the arbitration decision with the police union (Kendall Club) that was announced earlier this month. That decision said that the city would have to provide a retroactive 2 percent raise for city police for both the years 2016 and 2017 and the payment would be due before the end of this year. City officials have declined to comment on the matter until after it can be discussed in executive session with the city council. After reviewing current salaries for 59 members of the PBA, WRFA estimates the retroactive salary payment could cost the city anywhere between $350,000 and $500,000, with the salary adjustments also needing to be factored into next year’s spending plan as well.  The city council is scheduled to publicly review and discuss the police and fire budgets for next year during its Nov. 5 meeting.

The council has until Dec. 1 to fully review and amend the $36 million executive budget presented earlier this month by Mayor Sam Teresi.

NEW TERMS FOR JAMESTOWN BREWING COMPANY LOAN

As for tonight’s voting session, the council will vote whether to revise the terms of the Jamestown Local Development Corporation loan awarded to the Jamestown Brewing Company. Under the revised terms of the $180,000 loan first approved in the spring of 2017, the brewery owners would have to make no payments for the first six months after disbursement and interest only payments for the first six months, along with extending the term repayment schedule from seven to 8 years. Because the JLDC loan is more than $100,000, the city council is also required to sign off on any changes to the terms of the loan.

The Council will also vote to accept $100,000 in state funding to demolish two downtown buildings located at 24 N. Main St. and 8 E. Second St.

The council will vote on four more change orders for the Tracy Plaza renovation project. The total cost increase of the change orders is $18,973.

Monday’s voting session begins at 7:30 p.m. in the city council chambers on the second floor of city hall. Both the 6:30 p.m. budget meeting and the 7:30 p.m. council voting session are open to the public.

The Jamestown City Council held its September voting session Monday night on-location at Chadakoin Park.

JAMESTOWN – In spite of the cool temperatures and noticeable winds the Jamestown City Council held its September voting session outdoors at Chadakoin Park on Monday night.

Among the items that came up, Shawn Shilling – the president of Jamestown Professional Firefighters Local 137 – spoke to the council to draw attention to two issues of concern with local firefighters. One was the ticketing of vehicles parked downtown belonging to firefighters when they are on an emergency call. He also voiced concerns about the conditions at the downtown fire station (Fire Station 1) since a leak developed in the summer due to construction work on its roof. The construction work is part of the $1.66 million Tracy Plaza Phase 2 construction project.

Also during the meeting, a resident on Eagle St. appeared and voiced concern about a nuisance property that neighbors wanted demolished. The concerns included a man living in a tent on the property who claimed he had purchased it for $1 while in jail from another inmate. The property was scheduled for demolition until last week, when city councilman Andrew Liuzzo requested a halt to demolition on behalf of the purported owner.

Local landlord’s association president Harold Whitford thanked the Jamestown City Council and mayor Sam Teresi for the appointment of a new constable on Monday nigh at Chadakoin Park.

And a resident from the Chadakoin Park neighborhood raised concerns about tractor trailers that deliver to a nearby parts store. The trucks have reportedly been making delivers and leaving their trucks running during overnight hours, affecting the 11th street residents who live next to our near the store.

Among the items that were voted on was the unanimous approval of an appointment of a new constable to fill a full a vacant opening. Local landlords have been publicly requesting the appointment since the Spring. The council also approved  a change order for one of the contractors involved in the Tracy Plaza Phase 2 construction project, though councilman Liuzzo voted against it, saying that because of the leak problems in the fire station and the Police Station a year earlier, he didn’t feel the company – Greenman-Pederson – should be paid any more money. The amount was $2,850 for the Tracy Plaza Phase 2 Renovations and Master Plan Design contract.

The outdoor meeting was scheduled as an outreach effort by the council, to hold meetings in specific areas of the city so and give residents in those neighborhoods a chance to participate without having to go to city hall. Council President Marie Karrubba apologized for the weather, noting the forecast had called for fairly pleasant condition until 9 p.m., but the cool weather arrived a bit earlier than expected.  The weather didn’t prevent about a dozen community members from attending, along with nearly a dozen people playing games of pickup in the nearby basketball courts.

More detail on Monday’s meeeting during the WRFA Tuesday Morning News Update at 7, 8, and 9 a.m.

Jamestown City Hall on Third St. is surrounded by Tracy Plaza, which is undergoing another renovation phase following action by the Jamestown City Council on April 27.

JAMESTOWN – The City of Jamestown is experiencing more leaking roof problems at City Hall.

On Monday night during the Jamestown City Council work session it was learned that a portion of the Fire Department – located below Tracy Plaza at City Hall – has been damaged due to rain water leaking into the area. Officials believe the leak is the result of construction that is currently underway at the Plaza.

The leak was discovered near the start of this month and city officials say the general contractor for the project – Patterson-Stevens, was responsible for the leak. Officials have also said the contractor is to blame for another leak that broke out a year ago at the Jamestown Police Headquarters – also underneath Tracy Plaza. While that problem has been remediated, the police station remains closed to the public.

During Monday’s work session, city councilman Andrew Liuzzo asked why no one is monitoring the work conditions and was informed by city public works director Jeff Lehman that Greenman Pederson Inc. has been hired and is responsible for on-site inspections, but added that it is sometimes difficult to predict where water leaks may occur.

The Tracy Plaza renovation is the result of a $1.48 million state grant the city received in 2016 as part of Phase 2 of the renovation effort. Six years ago the city began looking into renovating the plaza, which hadn’t seen any major work since it was first built in the early 1970s.

On Monday night during its work session the Jamestown City Council discussed change orders and more renovation for the JPD headquarter, which saw significant water damage in September due to the contract involved with Tracy Plaza renovation work at city hall – which is located directly above the police headquarters – not properly securing the area, which allowed rain water from a strong storm to pour into the police station.

Public Works director Jeff Lehman said the first phase of work will include renovations to the public entrance area, the command center and the squad room.

Police chief Harry Snellings said he hopes for the public entrance area of the police department, which was closed following the flooding, to be reopened in two more weeks.

If anyone needing to visit the police station can go through the Tracy Plaza entrance to the Municipal Building, located at 200 E. Third St. to request assistance.

Mayor Sam Teresi has said that in-house legal staff and the city’s insurance company have documented all the damage done so the contractor can be held accountable for the damage and not city taxpayers.

The special action was preceded by the council rescinding a resolution from earlier this year, dealing with the State Environmental Quality Review (SEQR) for the second phase of the renovation project, which total $2.4 million. Much of the funding for the project comes from a $1.5 million New York State green innovation grant, with the rest of the funding coming out of a $3 million bond initiative approved in 2015.

The redesign work for Tracy Plaza will go toward adding more landscaping to make the structure more environmentally friendly, more energy efficient and aesthetically pleasing.  Work on the plaza is expected to begin next month.