DIDC, council set to discuss project

DUNKIRK — The future of the Todd Opera House renovation remains in limbo.

During its Monday meeting, Dunkirk City Council discussed the future of the project and what action to take following the announcement that Todd Building Group won’t meet its July 1 deadline for having two restaurants in operation.

Council members also amended the city’s ordinance regarding temporary water use.

During a meeting last week, developer Ray Willey told Dunkirk Industrial Development Corporation that the project will not meet the July 1 deadline.

Reasons for the delay, he said, include other projects he and co-developer Bill Brown are working on.

Todd Building Group’s $150,000 in local grants — $75,000 each from DIDC and the city — were contingent on meeting the July 1 deadline. If not met, the developers would have to repay the funds over a 12-year period.

City attorney Wes Schemenaur said council can take one of two routes: wait another year to see if Todd Building Group will meet its July 1, 2020, deadline for initiating a capital campaign for second-floor renovations of the Todd Opera House or seek litigation for missing this year’s deadline for the restaurants.

Schemenaur suggested council should meet with DIDC to discuss a potential breach of contract before making any decisions.  

Council members Jesse Bivens, Bryan Jessup, Tom Johnson and Jack Robbins, absent Lisa Street, agreed, scheduling an executive session for that purpose for 6 p.m. April 8. 

The Todd Building project, which is to include a Firehouse BBQ and a Mexican restaurant, has been in the works since early 2017 when Willey and Brown approached local officials about potential funding help. The funding from the city was eventually approved on a 3-2 vote.

Robbins, who along with Bivens voted against the funding in 2017, asked Willey during the March 18 DIDC meeting for an updated timeline for opening the two restaurants. At that time, Willey said he would provide one, asking for “another week’s time.” Robbins said Monday that he has not heard from Willey since then.

Willey could not be reached for comment prior to press time. 

At the DIDC meeting, he said he and Brown are still committed to the Dunkirk project. He added that the building still needs some plumbing, a heating, ventilation and air conditioning (HVAC) system, electric, additional flooring, a fire sprinkler system and equipment.

Council also amended the city’s ordinance for temporary water use. The ordinance previously outlined the rules of furnishing water to temporary users and the cost of a temporary connection.

It was amended to include a sub-clause that says the city will not furnish water to any temporary users when the temperature falls below 32 degrees.

In other business, council:

•Scheduled a special meeting at 7 p.m. April 15 to review the city’s budget.

•Approved donations from the mayor’s promotional fund, including $300 for candy for the Dunkirk Easter Egg Hunt and $250 for the city’s race as part of the county’s 5K circuit.

•Heard the Dunkirk Easter Egg Hunt will be at 2 p.m. April 13 at Dunkirk City Park.

•OK’d purchases, including $920 from the sewage department for work done on High Street, $1,345 to service the air pump for the fire department and $2,220 to repair the bed of the street department’s dump truck.

•Agreed to look into purchasing Portland’s old fire truck.

•Heard from Robbins that the street department plans to continue patching potholes this week.

•Paid claims totaling $484,640.24.