Bertges property payment on agenda

The payment owed by the Dunkirk Local Development Corporation on the former Bertges property will be made with city funding if Resolution 70-2014 is approved tonight when the Common Council meets today at 5:30 p.m. in City Hall.

The city will be hitting three separate accounts in its 2014 budget to provide the $50,000 to the DLDC to make the payment on the property at 18 Lake Shore Drive West. The Development Department budget will contribute $22,826.52 that had been designated for repayment to the federal Department of Housing and Urban Development. Another $22,173.48 will come from a city Treasury Department personal services line, while the other $5,000 is coming from a Cable TV equipment line.

The resolution states the DLDC has no “available monies which are available to fund such payment.” It also states, “the property is a very valuable development location within the city of Dunkirk and it would be in the best interest of the city for the city to assist the DLDC and Real Property, LLC in maintaining ownership of the property.”

Two other resolutions are on the agenda for the four members of Common Council to consider.

One deals with one of the results of the resignation Aug. 5 of council’s former at-large and fifth member, Stephanie Kiyak. Under 68-2014, Kiyak will be replaced as council’s appointee to the Chautauqua County Water Agency by Second Ward Councilman William J. Rivera.

Under 69-2014, the city will contract with Langford Testing and Consulting, 52 Berry Road, Fredonia, to provide standard random selection drug testing for city employees possessing a CDL license. Langford will replace Complete Testing Services which, according to the resolution, has noticed the city that it is no longer in business.

Three communications include one from Dunkirk City School District Superintendent Gary Cerne requesting police supervision at high school football games on Sept. 12; Sept. 19; Oct. 3; Oct. 16 and an additional date later in October.

A notice of claim was filed by city resident Josephine Tooley for $413.12 in damage to her car allegedly caused when she hit a water-filled and covered pothole on Main Street in the city July 17.

A notice of claim for damages allegedly caused by the “wrongful, negligent and careless acts and omissions of the City, its agents, servants or employees,” at 3292 Vineyard Drive in the town of Dunkirk. The claimants are Randall Benderson and David H. Baldauf, who are trustees of a Randall Benderson 1993-1 Trust. They are represented by attorney Howard E. Berger, Esq. from the Buffalo law firm of Duke, Holtzman, Photiadis & Gresens LLP.

“This is a claim for property damage sustained by claimant caused, upon information and belief, by the negligence of the city arising from and relating to the city’s negligent design, construction, repair and/or maintenance of an underground culvert and storm water drainage system running under the parking lot on certain real property located at the 3292 Vineyard Drive, Dunkirk, New York.”

The culvert failed May 13 after it was unable to handle rainfall which was “caused or exacerbated by the accumulation of debris within the culvert and at points downstream of the culvert.”

The culvert is located in the town of Dunkirk however, and the city has no liability issues, according to Department of Public Works Director Tony Gugino. An email to Berger went unanswered.

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