Niagara Falls City Council looks to settle suits

Niagara Gazette (NY)

Feb. 2—Members of the Falls City Council will be asked Wednesday night to settle an insurance claim arising from an accident involving a cop car and a Pine Avenue business.

City Corporation Counsel Christopher Mazur is recommending that the council approve a payment of $125,000 to Chautauqua Patrons Insurance Company for damage done to the Family Dollar store in the 1300 block of Pine Avenue on March 29, 2016. The business was heavily damaged when a police patrol car slammed into it, destroying the vehicle.

The crash occurred around 10:15 p.m. as the officer in the patrol car was responding to a call of other officers in trouble.

"It was a call of officers needing assistance," then-Falls Police Superintendent Bryan DalPorto said at the time."And he was rushing to get there."

Police said the call was for "an individual fighting with other officers and resisting arrest."

As the patrol car was heading east on Pine Avenue, the officer lost control of the vehicle as it passed 13th Street and careened into the store. The force of the collision smashed the front end of the police car and ripped off a corner of the building's foundation.

The pin-wheeling police car then shattered the building's front windows and pushed in the front door. A store employee inside suffered minor injuries from flying glass.

The officer, a three-year veteran of the force, was able to get out of the car on his own and was described as shaken, but not seriously injured. He was transported to the Erie County Medical Center in Buffalo where he was evaluated and treated

"We are grateful that no one was seriously injured," DalPorto said.

Mazur said in his communication with the council members that the insurance claim was filed in April 2016, with a lawsuit begun in November of that year. He said discovery in the case was nearly complete and that it would proceed to trial if wasn't settled.

The corporation counsel called the settlement "in the best interest of the city."

The council will also be asked, for a third time, to resolve the ownership of an historic, but dilapidated home on Memorial Parkway. The house, at 424 Memorial Pkwy., was sold by the city in July 2017 to two individuals who committed, as part of the purchase, to rehabilitate the property and live in it for 5 years.

When the individuals were unable to meet the commitments in their contract with the city, then Community Development Director Seth Piccirillo allowed them to sell the property, at 10 times the original purchase price, to two other individuals in December 2018, rather than having the city re-take ownership.

In April 2019, Piccirillo was admonished by the council for his actions, and members directed that the city move to take back ownership of the property. After negotiations between the city and the new property owners, the out-going administration of Mayor Paul Dyster, in December 2019, again recommended that the council approve the sale.

But the council, again, rejected the sale.

In a letter to the council, Mayor Robert Restaino writes that while Piccirillo was not authorized to approve the second sale and "misled the City Council", in an effort to avoid additional litigation, his administration is recommending that the sale be approved.

The mayor said the new owners have agreed to rehabilitate the home, beginning within 60 days, and will live in the property for at least 5 years.

The council is also expected to appoint and reappoint members of the city's Tourism Advisory Board and place three new members on the city Planning Board to replace members whose terms had expired.

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