Common Council approves agenda items

The Dunkirk Common Council met Tuesday and approved everything on its agenda, although not without several questions and two “no” votes from Councilwoman-at-Large Steph-anie Kiyak.

Kiyak took issue with the timeliness of a loudspeaker application for July 4 from Taqueria Mexicana, located at 45 Lake Shore Drive E., pointing out the restaurant applied late last year, missing the 30-day notice indicated on the form.

“We reprimanded them and let them know that there is a timeframe and looking at the application, it appears that they disregarded that timeframe again,” she stated. “I don’t know if you want to follow up with this. … I’m just pointing that out.”

Councilman Michael Michalski said he voted “no” last year due to the location.

“I voted no because this was a neighbor’s concern that this took place literally right on top of their house, it’s literally right behind this location,” he explained. “I just felt it was too close to the neighborhood. … I’ll be voting no on this.”

In response to a question from Councilman William J. Rivera, Police Chief David Ortolano said the event has probably been held for the last “four or five years.”

“They get a good crowd there. They play their music and usually wrap up by 10 o’clock or so, or 11 o’clock,” the chief added. “When the fireworks are over, they shut it down.”

“Are we bending the rules that we don’t necessarily bend for everyone?” Kiyak asked.

Mayor Anthony J. Dolce pointed out the property is zoned as harborfront, making the music perfectly legal.

“That does make a difference if they’re zoned harborfront,” Kiyak stated, and called for a vote on the request, which was approved 3-1 with Michalski voting “no.” Councilwoman Stacy Szukala joined Kiyak and Rivera in voting “yes.” Councilman Adelino Gonzalez was absent from the meeting.

Kiyak managed to get a change in the wording of Resolution 55-2014, which authorized an agreement with Labella Associates D.P.C. to administer the state’s Main Street Grant program the city received $250,000 from.

Development Director Steve Neratko explained what the $15,000 that was set aside in the grant for administration of the program was needed for. “As far as their proposal, they said they would be able to complete the project for $15,000,” he added.

Kiyak was not satisfied with the response, saying while the contract states Labella’s payment is not to exceed $15,000, the resolution does not.

“I don’t feel comfortable not having that in the resolution, so if it’s not amended with that additional sentence, I’m going to be voting no,” she added. “I don’t know how the rest of you feel. You can add that now and that would be fine.”

The resolution was amended and passed unanimously.

A change in a lease at the Boardwalk Market was up next, with Dolce explaining the purpose of 56-2014.

“What we’re doing is terminating Spike Dailey’s current lease and proposing a new one that will take effect July 1 with a new dollar amount, so they’re equal to these other new tenants down there,” he stated. “So they’ll be paying the $350 a month, or $4,200 a year. This was necessary so Mrs. Heenan’s terms run concurrently due to the shared kitchen. The Liquor Authority made that request of her and then she made this request of us.”

Kiyak took objection to Dolce’s explanation.

“At the last council meeting, I voiced concern that the tenant currently leasing 18 Central Ave. was given unfair advantage in obtaining the lease at 20 Central Ave.,” she stated. “This established protocol advertising the space was not followed. … I believe the terms of the lease should stand, therefore I will be casting a no vote.”

According to 56-2014, Heenan’s lease at 18 Central Ave. (Spike Dailey’s) was to run through April 30, 2015. The resolution extended that lease to May 31, 2016.

Resolution 57-2014 authorized the leasing of an office copier for the Waste Water Treatment Plant and passed 3-1, with Kiyak again providing the “no” vote. Her complaint was that the Finance Committee did not review the request. Michalski, who chairs the Finance Committee, explained that was not necessary as the lease was under the $10,000 procurement policy limit and he was satisfied with explanations he heard about the need for the copier.

“I will just reiterate that we did ask for specific details about the same type of copier or machinery in the clerk’s office when we did all have the opportunity to discuss it as a group, not individually,” Kiyak stated. “It feels like we’re making exceptions. … I think we have a problem with a lack of consistency in this area.”

Kiyak added it was the lack of consistency she was opposed to before voting “no” in the 3-1 decision.

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