Dunkirk looks to wrap up Eminent Domain proceedings
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Finally, some good news comes from an update regarding the Shorewood Water District in the town of Dunkirk. After a lengthy Eminent Domain process, the Town is nearing a resolution that will allow the capital improvement waterline project to proceed.
Town of Dunkirk Attorney Jeff Passafaro revealed at the latest Town Board meeting that Eminent Domain counsel informed him that the petition was presented to the State Supreme Court. There were no issues and no one appeared in protest. The Justice agreed with the petition, and the order was signed and entered.
"We are on our way. ... This is very good news," Passafaro said.
The Town sought a court order for the acquisition of rights of way pertaining to private roads throughout the Shorewood Water District, which covers portions of Woodlands Drive, Edgewood Drive, Shorewood Drive East, Shorewood Drive West, Farmlane Road, Linwood Drive, Lakewood Drive, Morewood Drive, and Wilbur Road. The Shorewood waterline project will serve 173 residential properties and 16 commercial properties by upgrading the existing waterlines to address connection problems, water main breaks, and inadequate flow, as well as ensuring proper fire protection.
The Town has been attempting to upgrade the waterlines in the Shorewood Water District since March, 2022, but even after the Town secured more than $1.3 million in grant funding through the New York State Environmental Facilities Corporation, the project failed to break ground because of issues in securing easements.
The remaining landowners who were "holding out" from signing easements agreed to proceed with the project, but the legal process was complicated due to the nature of the private roads. The Town turned to Eminent Domain proceedings as a "last resort" to address the issues, due to the need to enter into a project finance agreement by Sept. 30, 2026 in order to remain eligible for the grant funds it was awarded. Now that the Supreme Court has ruled in the Town's favor, the project has a chance to meet the deadlines to avoid losing its grant funding.
Moving forward, Eminent Domain counsel will discuss the next steps with Passafaro and the Town in the coming days. Town Supervisor Shari Miller said, "I think it's all great and positive."
Prior to the regular meeting, the Town Board held a public hearing regarding the Community Development Block Grant (CDBG) application as it pertains to the East Lake Road Sewer District. According to Miller, the infrastructure of the East Lake Road Sewer District is 40+ years old and "needs multiple upgrades."
The Board later authorized Municipal Solutions to prepare the CDBG application and Miller to execute the agreement. The Town submitted an application for CDBG funds in 2025, but was unsuccessful.
Miller said that some of the necessary upgrades "are to mitigate conditions that may pose a serious and immediate threat to health and welfare in our community." She added, "We feel that it's important to move forward with applying for this money again."
Board members Jean Crane, Phil Leone, and Scott Pagano all vocalized support for the grant, which Miller called "a great idea."
Also of note, a quote from Farrell Roofing, of Dunkirk, was accepted in an amount not to exceed $6,730 for necessary improvements to the roof of the Town Hall. The Town reached out to four different contractors, but only two offered a quote.
During the month of June, the Town Clerk's Office collected $500 in clerk fees, $4,675 in zoning fees, and $85 in dog licenses for a total income of $5,260. The Town Justice Court handled 180 vehicle and traffic law cases, 11 penal law, one local law case, one rules and regulations case, and 13 terminations of suspension in the month of June. The 206 total cases generated $20,836 in revenue for the Town. Also in June, the Town received its mortgage tax distribution totaling $21,301.83, which is an increase from last year's amount.
The West Town of Dunkirk Fire Department responded to 14 calls in June, while the East Town of Dunkirk Fire Department responded to 22 calls in June. Four calls were made to Dog Control in May, and five calls were made in June, but no dogs were picked up.
The Board authorized Court Clerks Lisa Klajbor and Angela Joy to attend the State Magistrates Court Clerks Conference in Albany Sept. 27-30 at a transportation cost not to exceed $350. Registration and lodging costs are already budgeted for by the Town.
The Board chose to renew its Certificate of Deposit Account with Community Bank at an interest rate of 3.1%. Miller stated, "That's the best we could do." An amendment to the Town Procurement Policy was also approved.
Workshops were scheduled for the Town Board on Aug. 4, and Aug. 11, at 3 p.m. each day, to discuss the preliminary budget, the employee handbook, and a proposed battery energy storage system law. The Town exited its regular meeting to enter into executive session to discuss personnel matters.
The next regular meeting of the Dunkirk Town Board will be on Tuesday, Aug. 18 at 5:30 p.m. at the Dunkirk Town Hall on Willow Road.