JoAnne Gagliano, President
EDR
217 Montgomery Street
Suite 1000
Syracuse, NY 13202
June 16, 2010
Re:
[1] EDR Project No: 09065 – Ecological Inventory and Restoration Plan for the Niagara Gorge Rim,
[2] Wild Ones Niagara Study – Regional Economic Growth Through Ecological Restoration of the Niagara Gorge Rim, EDR Contract dated May 11, 2010
[3] Lewiston Plateau Dog Park
[4] Doug Brackett June 4, 2010 Letter to Town of Lewiston Supervisor, Steven Reiter
Dear Ms. Gagliano:
I am writing about documents I received, today, from Rob Beleu, executive director, Niagara River Greenway Commission.
I am in receipt of two maps of the Lewiston Plateau and two letters. The first letter was dated June 4, 2010, and written by Doug Bracket, principal, to Steven Reiter, Town of Lewiston Supervisor. The second was dated June 7, 2010, and written by Mr. Reiter to the Host/Standing Committee – Niagara River Greenway Commission Committee. Copies are included for reference.
Mr. Bracket’s letter states the “Town of Lewiston Dog Park project is clearly outside of the Regional Economic Growth Through Ecological Restoration of the Niagara Gorge Rim Study or any other Greenway project.” This statement is totally incorrect and inconsistent with the Project Proposal prepared by EDR and the contract language between EDR and Wild Ones Niagara. It is also in direct contrast to a letter penned by Mr. Hecklau, principal, on May 26, 2010. (This letter as stated by EDR employee, Paul Fritz, via email was not sent since Wild Ones Niagara agreed to send a letter to Mr. Reiter. (Copies enclosed).
The Project Proposal – refers to pages 6, 7 and is included.
The Niagara River Greenway project proposal, Regional Economic Growth Through Ecological Restoration of the Niagara Gorge Rim, was written by EDR. They identify the Restoration Plan project boundary area as: “The Restoration Plan begins at Main Street and First Street in the City of Niagara Falls and ends at Center Street in the Village of Lewiston. The east/west limits are the Niagara River and the urbanized neighborhoods or boundaries of the City of Niagara Falls and the Village and Town of Lewiston.” This area is the Niagara Gorge Rim and includes all of the lanes (6.5 miles) of the Robert Moses Parkway between Niagara Falls and Lewiston. The Robert Moses Parkway parallels and runs along side of the Niagara River. This area also includes the Lewiston Plateau, the site of the proposed Dog Park.
The maps clearly show Lewiston Road as the west boundary edge of the Wild Ones Niagara study as it comes down the escarpment to Center Street, Lewiston.
The Project Contract refers to pages Attachment A, pages 1-2, included
“2010-04-16_Attachement A-Proposal Narrative-rev 2010-05-11- rev 2010-05-11”
The EDR contract was drafted from the proposal written by your firm. The contract between EDR and Wild Ones Niagara states and defines the project’s intentions and under “General Study Area,” it notes the boundary area of the Wild Ones Niagara Restoration Plan Study. “ The south limit of the general study area is Main Street and First Street in the City of Niagara Falls. The north limit of the general study area is Center Street in the Village of Lewiston. The west limit of the general study area is the eastern edge of the Niagara River. The east limit of the general study area is the urbanized neighborhoods immediately adjacent to the Gorge Rim within the boundaries of the City of Niagara Falls and the Village and Town of Lewiston.” Again, note the same Lewiston Road boundary.
The project proposal and the project contract clearly delineate the dog park area of concern as included in the Wild Ones Niagara Study Area.
A phone conversation on June 15, 2010 with Doug Brackett, John Hecleau, and contract facilitator, Doug Vanstrom, indicated that Sara Stebbins and a wildlife biologist had already been to the Plateau and required a second visit. Neither man informed Mr. Vanstrom of the letter written to Steve Reiter.
We expect the following actions from EDR:
- A letter written by the EDR president stating that Mr. Brackett’s June 4, 2010 letter was written in error. Said letter shall be sent by over night delivery, email, fax, or hand delivery to ensure receipt prior to the 6/18/2010 meeting with begins at noon to the Town of Lewiston Supervisor Mr. Steven Rieter, the Host Standing Committee, the Niagara River Greenway Commission, and Wild Ones Niagara. The parties indentified must receive EDR’s retraction letter prior to Friday, June 18, 2010, the date the Host Community Standing Committee is to make the Dog Park funding decision.
- Identify to Wild Ones Niagara how EDR intends to rectify the damage EDR caused to Wild Ones Niagara and their study.
Depending upon your response, I may be left with no alternative but to terminate your contract and seek damages against EDR. If you have any questions, please contact me.
Sincerely
Michelle Vanstrom
Cc: Mr. Bob Michalak, Esq.