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DUNKIRK -- The city of Dunkirk wants to evict the company that runs its marina, recently taken over by Peter Smith.
City Attorney Michael Bobseine updated the Common Council Tuesday about the situation at the marina, in flux since Smith's pair of arrests in July. Bobseine also shared with the OBSERVER a memo he wrote to city officials about the saga, and passed around at the council's meeting.
The city has served Chadwick Bay Marina, LLC, which Smith took over in July prior to his arrests, with a 30-day default notice on its lease. It did so Aug. 15.
"I've had communications with their attorney, it would appear they're going to at least make the effort to respond to that," said Bobseine.
The lawyer pointed out to the Common Council that it never ratified the transfer of Chadwick Bay Marina, LLC from Charles Pringle to Smith.
According to Bobseine's memo, the purpose of the default notice is threefold. It's to inform Chadwick Bay Marina it didn't comply with its lease and/or license, and require that it comply within 30 days.
Finally, it notifies the marina company "that it is the city's intention to terminate the lease and license and evict (it) from the city's marina."
The memo also notes that the council, in an Aug. 15 executive session, agreed to hire an outside litigation attorney to assist Bobseine and his law department in court proceedings over the marina.
Bobseine highlighted to the council an Aug. 10 meeting between Smith's family, his lawyers and city officials. "We provided a number of things with respect to the city's position concerning the marina," he said.
Bobseine said it is his understanding that Chadwick Bay Marina, LLC may be reorganizing itself. "That suggests there would be a further transfer of lease or license, and again trigger the requirement that council act."
Councilperson Natalie Luczkowiak later commented on the marina situation.
"It's a vulnerable subject, but we are just not talking about it right now," she said. "However, please know we have the best interests of the city of Dunkirk in action pertaining to the marina. The mayor (Wilfred Rosas) has been communicating with the council, and the marina is top priority for this administration and council."
Peter Smith and his wife, Tonya, offered a presentation about their plans to upgrade the marina Aug. 22, at a meeting about proposals for spending Dunkirk's $10 million Downtown Revitalization Initiative award.
They sought 100% DRI funding for their proposal, costing $2,478,000. New boat slips, a new dock with improved fuel facilities, and a seafood restaurant were among their planned additions.
"It'll be a safe place for everyone, visitors and locals," Peter Smith said.
Smith was charged in a pair of incidents in Sheridan in mid July.