Niagara Town Board approves NYPA settlement

by Ralph Schwarz
Niagara Wheatfield Tribune, Nov. 18, 2004

The town of Niagara Town Board unanimously approved a multi-million dollar settlement with the New York Power Authority at last Tuesday’s meeting.

Under the settlement, the town will receive an annual payment of $1.04 million over the next 50 years for its endorsement of the re-licensing of the NYPA’s Niagara Project.

As one of the host communities for the NYPA, the town will receive annual payments of $650,000 from the Host Communities Fund and $390,000 from the Recreation Tourism Fund, starting in 2008. In addition, the town will also receive a one-time advance payment of $1.04 million within the next two years.

On top of that the town will receive a portion of a 25 megawatts package, worth $58.14 million, based on the power usage of all seven host communities.

10 Years of Negotiations

The settlement, which was reached on Oct. 22 after 10 years of negotiations between the Niagara Power Coalition and the NYPA, covers Niagara County, Niagara Falls, Lewiston, the town of Niagara and the Niagara Falls, Lewiston Porter and Niagara Wheatfield school districts. The municipalities and the schools will spilt the funds by a 60-40 ratio, with the town of Niagara to receive 13 percent of the $1 billion package.

The release of the funds and provision of electrical power remains contingent upon the acceptance by the Federal Energy Regulatory Commission of all comprehensive and associated settlement agreements, executed and supported by the host communities; the issuance of a new 50-year license by FERC; and the acceptance of the new license by the NYPA.

Town Supervisor Steven Richards, who was involved as a member of the Niagara Power Coalition in the 10-year negotiations, welcomed the settlement between the NYPA and the Niagara Power Coalition.

“I think we did a great job,” he said, pointing out that the town of Niagara will receive payments equaling more than half of what the town receives in taxes from its residents. “Future boards can use the $650,000 unrestricted cash for what they see fit. They can use it to reduce taxes or for sidewalks as long as the voters hold the boards accountable for that money.”

Richard added that the NYPA has always been a good neighbor to the town of Niagara.

“To me, that settlement just shows that the Power Authority is going to be a partner for the future,” he said. “One billion dollars is making a big difference to this community.”

Proposed Local Law Denied

In other business, the Town Board unanimously denied a local law regulating fences higher than 4 feet.

The law, which would have been added to Section 243.24 of the Town Law, would have set the height of fences on properties within the town limits at a maximum of 4 feet.

“I was against it,” Richards said. “In my opinion there is no way to tear down a fence for which the building department issued a permit for.”

The law, which was intended to crack down potential traffic safety hazards caused by fences higher than 4 feet in residential neighborhoods, was already tabled by the Town Board at its October meeting. Had it been enacted, the law would have affected fences on 27 properties in the town of Niagara.

“I would, however, support any decisions made by the highway superintendent or the chief of police concerning such fences, especially when these fences are deemed to be a safety hazard or an infringement on our right-of-way,” Richard said.

I-190 Speed Limit Reduction

In other news, the Town Board lent its support to an effort by the town of Niagara Police Department to lower the speed limit on the section of the I-190 that leads through the town of Niagara.

Last month, town of Niagara Police Chief James Suitor wrote a letter to state Sen. George Maziarz, requesting his assistance to correct a potentially dangerous situation on the I-190 caused by the speed limit, which was increased from 55 to 65 mph by the state Department of Transportation earlier this year.

“The DOT tells drivers they can safely travel at 65 mph, but people do believe that they can safely travel at 70 or 75 [mph], not knowing that just around the bend of a bridge, traffic can be stopped,” Suitor said.

Although the I-190 only runs through the town for four miles, the highway leads through a number of long and winding curves as well as seven bridges. Unlike the Grand Island section, which is five miles long and has no elevated surfaces, the town of Niagara section lacks physical traffic barriers despite its proximity to residential and business areas.

“The primary concern is safety and attempting to avoid the same tragedies that occurred on the [Queen Elizabeth Way] in Canada because of speed and traffic backup,” Suitor said. “Speed kills for a reason, and all we are doing is just asking the DOT to return it to 55 mph and address the safety concerns of this police department. And if we can safely address the concerns, I’m fine with it.”

Suitor listed lengthy back-ups stemming from commercial vehicles, Homeland Security efforts and roadway and bridge construction on the I-190 approaching the Lewiston-Queenston border crossing as well as accidents caused by bad weather conditions as the main traffic safety concerns.

“Many times, vehicles are now forced to go from 65 mph to zero with little to no notice,” he said. “I have no doubts that these back-ups will results in a tragedy with this increased speed.”

Although some town residents who attended the meeting expressed their doubts as to whether a 10-mph speed variation would have an impact on the traffic volume, the Town Board stands behind Suitor.

“All it takes is one accident in which somebody is killed,” said Deputy Town Supervisor Marc Carpenter. “As far as we as a board are concerned, we don’t want to have this one accident.”

Carpenter added that as a driver, he feels also concerned how trucks have to negotiate through the many curves.

“In our short area there are a lot of curves and turns, so it is very treacherous in the winter time,” he said. “Having the tractor-trailers going comfortably over the speed limit -- some of them are going 75 mph -- it is very dangerous because you don’t have a straight road.”

Other Business

In other business, the Town Board unanimously voted:

•To pay bills as properly audited and verified.

•To approve a minor subdivision for Darlene Walck, 9320 Lockport Road, Tax Map No. 132.14-1-6.

•To accept the liquor license renewal letter from Town of Niagara Active Hose Co. Inc., 6010 Lockport Road.

•To accept the liquor license renewal letter from Donnaz Landing, 4823 Saunders Settlement Road.

•To authorize the installation of a CAT-5E cable by Gaines Electronical Contracting between the Town Hall and the Town Garage at a cost in the amount of $820.

•To authorize the Fritzlen Group to design and bid three new picnic shelters at costs not to exceed the amount of $6,000 at the Community Center.

•To post and hire a MEO to replace Thomas Tierney who will retire in December.

•To authorize the payment in the amount of $840 to Michael Fournier of 5595 Lockport Road for the construction of storage shelving.

•To purchase acoustic panels in the amount of $5,662 from S.S. Industrial Sale Inc. for the Community Center and pay upon delivery of the panels.

•To schedule a public hearing on the abandonment of Creekside Drive, also know as Creekside Parkway, on Tuesday, Nov. 14, at 7 p.m. The Town Board further authorizes the town clerk to schedule the public hearing at the said time and place public notices in the town’s official newspapers 10 days prior to said hearing. Creekside Driveway is an unopened and undeveloped street owned by the town of Niagara.

Next Meeting

The Town Board will hold its next meeting on Tuesday, Dec. 14, following the public hearing scheduled for 7 p.m.