Summons, complaint from 2013 arrest on council agenda

The Dunkirk Common Council will have three pre-filed resolutions to vote on when it meets today at 5:30 p.m. in City Hall. In addition, council will consider three communications from the public, four loudspeaker applications, two notices of claim and one summons and complaint.

The summons and complaint came from attorneys for Miguel A. Corraliza Sanchez and stem from his March 15, 2013 arrest by Dunkirk Police. At that time, Sanchez lived in the city and was being questioned by police about a vehicle in his Beaver Street driveway.

According to the summons filed by Rafael O. Gomez, an attorney with LoTempio & Brown P.C., Sanchez was asked if he had ever been in California and “truthfully advised he had never been in California. Defendants arrested Plaintiff based upon a negligent investigation and failure to conduct due diligence to identify whether or not plaintiff was the individual named in an alleged warrant.” Sanchez was held in custody until March 21, 2013 before being released “with an apology from United States Magistrate Judge Jeremiah J. McCarthy.”

The suit seeks compensatory and punitive damages, along with attorney’s fees and costs. The suit names the city, Dunkirk Police Department Capt. Kenneth Kaus and defendants “John Doe” numbers 1-10, who are also employees of the city. The notice of claim was first referred to City Attorney Ron Szot by Common Council at a May 7, 2013 council meeting before being forwarded to the city’s insurance carrier, Lawley Tradition LLC, the normal progression for claims that reach council.

Other claims were from city residents Robert Henderson and Barbara Katta.

Henderson is seeking $1,400 for damages to property he owns at 132 Bucknor St. allegedly caused by a waterline break at the corner of Bucknor and Courtney streets on Jan. 28.

Katta is seeking $754.72 for repairs to her car after an incident in the drive through line at Tim Hortons on Lake Shore Drive. Katta’s claim states that at 10:10 a.m. on June 12 she was stopped in the line when her vehicle was struck in the rear by a city truck operated by Richard Tenamore.

Resolution 55-2014 would authorize an agreement for an independent contractor to run the New York Main Street Grant Program, from which the city received $250,000. Labella Associates D.P.C. of Buffalo will receive $100 per hour to provide “technical and compliance assistance necessary for the administration of the program.”

The contract would run from July 2 through June 30, 2015. The Main Street Grant Program includes $15,000 for such services, according to 55-2014.

Aisling Heenan would see her Boardwalk Market lease payment for Spike Dailey’s go up earlier than expected under terms of a new lease. The annual lease of $3,360 was set to run through April 15, 2015 but will now increase to $4,200 under terms of a lease to run through May 31, 2016. The change is being made to Heenan’s lease at Spike Dailey’s to “more appropriately accommodate the kitchen operation” of Heenan’s newly leased space that will be a restaurant next door to Spike Dailey’s.

The lease of an office copier for the Waste Water Treatment Plant is covered under 57-2014.

COMDOC, a Xerox company according to the resolution, will be approved for a 60-month lease at $111 per month if council approves. The city obtained two other quotes, including Xerox at $99.97 per month for 60 months and Toshiba at $90 per month for 63 months. Currently, Xerox is paid $99.97 per month under a lease that expires at the end of August. The new lease would include training, labor, service, parts and supplies except for paper and staples.

The Dunkirk Chamber of Commerce is seeking city approval allowing Peter Toth to camp out in the lot between the Clarion Hotel and Tim Hortons for a period not longer than 90 days. Toth will be in the city in an attempt to restore the Native American statue he carved from a city tree in the 1970s.

The Cassadaga Job Corps is seeking permission to conduct horse and carriage rides in Point Gratiot as part of the annual prom on July 31.

The Resource Center and Filling the Gap Inc. are requesting permission to sell newspapers at city-designated intersections on July 9 from 6 to 10 a.m., along with police assistance on July 18 during the annual Laurel Run.

Taqueria Mexicana is requesting a loudspeaker permit for July 4 from 5 to 11 p.m. at 45 Lake Shore Drive E.

The First Ward Falcon Club is seeking a permit for July 18 from 7 to 11 p.m. at Promenschenkle Stadium as part of its annual fast pitch softball tournament.

Henry Hooten Sr. is requesting a loudspeaker permit for July 3 from 7 to 9 p.m. at 212 Webster St.

Holy Trinity Church is seeking a permit for July 19 from 1 to 5 p.m. for the annual summer parish festival on the church grounds.

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