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IDA calls marina issue ‘clouded’

By OBSERVER Staff Report 4 min read

Calling the future operation of the Dunkirk marina "clouded" due to criminal charges against the operator, the leader of the Chautauqua County Industrial Development Agency is vowing to continue to support economic growth in the city.

Mark Geise, chief executive officer of the IDA, issued the statement after Peter Smith, 57, of Forestville has been tied to two incidents in the north county on July 17 and 24. In addition, New York State Police filed an extreme risk protection order against Smith, the current leaseholder of the marina, in state Supreme Court of Chautauqua County last week.

According to the New York State Unified Court System, the extreme risk protection order filing is a court order issued when a person may be dangerous to themselves or others. It prohibits a person from purchasing or possessing guns and requires the person to surrender any guns they already own or possess.

In August 2019, New York state's "red flag" law went into effect. It allows law enforcement, school officials and families to ask a court to order the seizure of firearms from people considered to be dangerous.

"On June 27, 2023, the County of Chautauqua Industrial Development Agency Board voted to approve a debt transfer from the Dunkirk Marina's prior owner to Peter T. Smith.

"Before the vote, Vince DeJoy, the Director of Planning and Development for the city of Dunkirk, read a statement from Dunkirk City Mayor Willie Rosas supporting Smith's assumption of the marina's operation and for the CCIDA to move forward with the transfer," Geise said in the statement.

According to documents from Sheridan Town Court, Smith allegedly entered a property on Creek Road and fired three rounds from a .45-caliber pistol at a padlock on a locked barn door 50 feet from the residence occupied by a victim and child on July 17. Charging documents indicate he went into the victim's barn to locate stolen property from a previous incident.

Smith was charged by state police with burglary with a weapon and reckless endangerment, both felonies, as well as criminal mischief. He was taken to Chautauqua County Jail in Mayville for arraignment where bail was set at $100,000 cash, $200,000 bond.

He later posted bond and was released.

In the second visit to the same property earlier this week, between 5:30 and 7 p.m., Smith is accused of writing "Confes or die" on the side of victim's home in bright orange chalk marking paint, which was later located at his home. The paint caused damage to the home's vinyl siding, court records state.

Police said Smith had been told to stay away from the residence. In this incident, he was charged with second-degree menacing, criminal mischief and stalking, all misdemeanors.

Geise continued: "It is impossible to predict circumstances that lead to criminal charges against Mr. Smith. While the marina's future operation under Smith's ownership is clouded, the CCIDA and partners are committed to continuing work that identifies and backs projects supporting development not just within Dunkirk's waterfront neighborhood, but also, across the city of Dunkirk and northern Chautauqua County as a whole.

"We support our partners within the city of Dunkirk Mayor's Office and Planning and Development Department to further economic growth in Dunkirk."

Last week, Dunkirk Mayor Wilfred Rosas released a statement in response to the recent criminal charges against the tenant. "The new operator has initiated changes at the marina, all to the good," Rosas said. "We understand that Mr. Smith has charges pending in the Chautauqua County Court. The allegations do not involve the city or the marina.

"Whatever might come because of these charges, I am committed to continuing to move forward and make progress around development of the marina and our waterfront."

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