Jamestown Board of Public Utilities
Jamestown City Council has unanimously approved a local law that creates a Digital Services and Infrastructure Division at the Jamestown Board of Public Utilities.
This is the sixth Division at the BPU. The new division will own, operate and maintain the utility’s open-access fiber network and support future digital infrastructure initiatives. The nine-member Board of Public Utilities will govern the new division which will be maintained as a financially self-sustaining operation with finances segregated from the BPU’s other utility divisions.
Republican Councilmember Bryan Bigelow voiced his concerns about the long-term viability of the Division at both the Public Hearing on the local law and during the voting process. He said he has signed up as a customer of the community fiber internet and has found the process “easy and straightforward,” “I think we have a tremendous opportunity to learn from the creation of this exciting endeavor, and hope you take advantage of it. Realizing this is an open source network, I believe we need to emphasize the providers to the providers the importance of service level commitment to the community. Do not confuse questions regarding this as a lack of support. That I personally believe bringing low-cost internet to a wide range of citizens is absolutely necessary, and I believe that we can overcome this technology hurdle and provide this service.”
BPU General Manager Kris Sellstrom said the he’s excited the local law passed, which he said formally recognizes the infrastructure that the Utility will be taking ownership of at the end of the year, “So, most of the fiber is already built. The main lines are up. The pole replacements are done. So, we’re running right along here and hoping people will sign up for service at this point. We got quite a good turnout on take rate so far. Hopefully, we’re going to continue that on forward.”
Council member at large Dan Gonzalez attempted to abstain from voting to move the local law forward for action and from voting on the local, citing the reason being that he’s a property owner, that he owns additional property, and that he has, quote, “ a moral quandary as to whether or not I should actually vote on this.” His request for abstention failed 5 to 3, with Councilmembers Jeremy Engquist, Gonzalez, and Doug Scotchmer being the only yes votes.
Mayor Kim Ecklund later sent an email to Council members and the media citing Article 18 of General Municipal Law and what constitutes a conflict of interest for municipal officials and employees. Article 18 prohibits municipal officers and employees from having interests in contracts with the municipality for which they serve, but only under certain circumstances. “In order for a municipal officer or employee to have a prohibited interest in a contract (one that violates the law), four conditions must be met: (1) there must be a contract; (2) the individual must have an interest in the contract; (3) the individual, in his or her public capacity, must have certain powers or duties with respect to the contract; and (4) the situation must not fit within any of the exceptions listed in law.”
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