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Thread: Truck Ban

  1. #91
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    The secret charter and/or handshake would be called the Democratic Party. If you do not go with them.....ousted! Putin rules here, haven't you figured that out yet? Lackawanna has not and will not move forward....only to a socialist government which is a far cry from democracy!

  2. #92
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    Talking Facts

    Remember I told you all awhile ago that I have a 1936 copy of "The Lackawanna Leader" newspaper that states the political parties in the City of Lackawanna, they were:
    Democrat
    Republican
    Socialist and....
    Communist.
    Hmmm......, and the kids of the members of these parties are....Hmm...

    "Git yours first, however you have to knock your competition out--Just Do It!"
    Stinkin-Thinkin if you ask me.
    I guess they nodded out during the 60's and 70's where "Live and Let Live" and the " PEACE " movement began.
    Welcome to Lackawanna, as gibbsgal puts it!

  3. #93
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    Truck Ban

    Democratic Party as a whole? I understand the "ethics board" has appointed friends and family members to oversee the way the City (their best friends and their siblings) does things? Interesting. Isn't that like putting the wolf in charge of the sheep fold? Or even worse...electing one of the sheep to oversee the wolf pack?

  4. #94
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    Post "Who's on First?!?"

    Just yesterday they were on CH 2 TV boasting about how great our City Streets are now.........how ironic.

    truck ban on Ridge, South Park
    By Jay Tokasz
    News Staff Reporter
    Published:January 12, 2012, 12:00 AM


    A state appellate court has ruled that Lackawanna cannot forbid heavy trucks from traveling on Ridge Road and South Park Avenue.

    The ruling by the Appellate Division, Fourth Judicial Department, mostly affirmed State Supreme Court Justice Diane Y. Devlin’s 2010 decision.

    “As a company that places a high value on being a strong corporate citizen, we view litigation against a municipality as a last resort. However, in this case, it was a necessary one,” said Anthony J. Baynes, president of A. J. Baynes Freight Contractors, in a prepared statement.. “I am pleased for A. J. Baynes Freight Contractors and Lactalis that both the Supreme Court and the Appellate Division determined the ordinance was invalid.”

    Sorrento Lactalis, which initiated the lawsuit against the city, said: “Sorrento Lactalis is pleased with the appellate court’s decision which will allow milk trucks once again to reach the Sorrento plant via the direct route they’ve used for over 40 years.”

    The Lackawanna City Council adopted the controversial ordinance in a 4-1 vote on March, 2 2009, establishing a new route system that prohibited trucks weighing more than 10,000 pounds from traveling on all but two streets in Lackawanna — Abbott Road and the Hamburg Turnpike (Route 5). Then-Mayor Norman L. Polanski Jr. signed the measure into law a day later.

    Sorrento Lactalis, which for decades had milk from the Southtowns trucked through Lackawanna to supply its cheese factory on South Park Avenue in South Buffalo, sued the Council and Polanski,
    arguing that the new prohibition would unfairly increase the company’s costs by forcing truck drivers to take a circuitous route to the cheese plant.

    The Baynes and Ajac trucking firms also sued the city. The companies told the court they lost $230 per day when the driving ban was in effect.

    A lengthy court battle ensued.

    In 2009, Devlin lifted the ban, and in 2010, she decided the case in favor of the truckers, saying that the city enacted its ordinance “in an outrageously arbitrary manner, without making factual findings or studying the impact of a change in truck routes upon business, residents or the environment.”

    The ban, added Devlin, “was clearly retaliatory for Sorrento’s refusal to assist the mayor in his quest for state funding for road improvements.”

    The city appealed the decision.

    The Appellate Division agreed with Devlin for the most part, although it slightly modified her ruling that the 2009 ordinance was unconstitutional.

    The city can make a motion for the Court of Appeals, the state’s highest court, to consider another appeal. But the city’s legal stance to date has been criticized by some residents as a poor use of taxpayer dollars.

    “I’m awaiting the city attorney’s review of the decision, and once I get up to speed with what’s going on, I’ll make an executive decision from there,” said Mayor Geoffrey Szymanski, who took office Jan. 1.

    In her ruling, Devlin stated that South Park Avenue, Route 62, was a “state highway” for its entire length. But the Appellate Division declared that Devlin “erred in determining that South Park Avenue is a state route within the city.”

    City officials said South Park Avenue is one of Lackawanna’s busiest streets and needs to be rebuilt at a cost of $20 million to $25 million — a bill the city cannot afford.

    jtokasz@buffnews.com
    ************************************************** *******
    1. How much did all this unnecessary litigation cost the Citizens of Lackawanna? The article states the Council was sued and their LAW found unconstitutional......whoa!
    2. So South Park, "one of our busiest streets", needs work and we can not afford it?
    3. How many BONDS are floating around out there for all these road repairs?

  5. #95
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    20 to 25 Million REALLY?

    South Park Avenue Revitalization Project: Right on Schedule


    Elena Cala Buscarino 18
    Legislator Tim Kennedy says, "The South Park Avenue Revitalization Project is coming together fast and greater than I thought it would. The committee, along with the businesses and community are working together with the city and public and private concerns to fast-track the project, and it's going great."
    Kennedy says that the committee and block club leaders and residents have been meeting once a month since August, and the progress is astounding. Meetings for the $2.32 million project have moved from the Tim Russert Children's Garden, to Holy Family Church, and now Sorrento Lactalis, http://www.answers.com/topic/sorrento-lactalis employers of 500 locals, have opened up their South Buffalo Headquarters to the meetings, where 25 to 30 people are typically in attendance. "And we get free cheese at end of meeting," Kennedy said.
    The neighborhood advocates have been engaged from day-one, and they continue to make decisions and do homework between meetings to make educated decisions," Kennedy says. To the credit of Kennedy and his staff, one of the reasons so many well-informed decisions on pressing issues come about is that, at each meeting, an agenda is handed out for the subsequent meeting the following month.
    "We've had some major recent announcements that will make this bigger and better project than anyone thought originally," Kennedy states.
    "National Fuel is putting $2 million toward replacing pipeline to the neighborhood, so the streetscape won't be disturbed. They're committed to having that done so that we can start our project in early September of 2009 and be done late September of 2010," Kennedy explains. "And there will be a moratorium on digging for 5 years after we're complete, so all of the utilities are doing their infrastructure repairs now."
    Kennedy also praises the city, saying, "John Bidell, the City of Buffalo Engineer and Tom Duk and Steve Stepniak from the DPW are working at an aggressive pace, thanks to Mayor Brown's commitment."
    Kennedy says that a project of this scope could typically take over a year in the planning process, but that the South Park project is moving faster because of the efforts of those involved. "We're ahead of the game with 6 or 7 months of planning," he explains, "and then a year to implement."
    According to Kennedy, the finished project is going for "large visual impact--trees will line South Park, replacing the sporadic trees." Re-Tree of WNY is cooperating with us and made this project great. There were 28 trees out of this office in the 2-mile stretch, but now there will be 400. Paul Maurer of Re-Tree, met with us 3 months ago and we asked for help in making this business strip beautiful. he was immediately engaged, went to his board, and they decided to make this their signature project in WNY." Kennedy says. "And it's not easy to do. The DPW gave Re-tree the green light and a blank slate to ensure that when the trees go in, they're all uniform, and the city will assist them in that. It's all about money and expedition. We'll bid out the job of making spots in the concrete for the tree wells, and the city has said that if sidewalk block needs to be replaced, they'll do it."
    Kennedy rode the two-mile stretch recently with Maurer and City Forester Jeff Brett, and says, "these men have great respect for the issues in this project and what we're trying to achieve. Re-Tree will utilize their relationships and resources to make sure that we get trees that will do well here, in this sort of traffic, in this neighborhood. Right now we're looking at flowering trees that will reach around 20 feet."
    Kennedy says he's awed buy how private entities have reacted to the community. "These are perfect accents to the larger project," he says. "It will be bigger and better. The new streetlights will have banner arms, flag holders, and teardrop lights. They're expensive but grand. We'll have designated bike lanes next to parking lanes, and this has been designated as a high-hazard biking area in the past. Our hope and goal is to beautify the streets and make them safer, slow traffic down. We want to make drivers more aware."
    In addition, the crosswalks will be stamped concrete, design and color to be decided by the committee. There will also be 20 to 25 metal benches. "I want this to be their project, let them discuss it and come to their own conclusions," Kennedy said.
    "Senator Bill Stachowski, Assemblyman Mark Schroeder, Representative Brian Higgins...they're all working to secure more funding, to tie South Park to Tifft and the waterfront," Kennedy stated. "We're anchored by the Basilica, Botanical Gardens...we want South Park to support tourists. We want to make the businesses stronger and bring others in."

    I love the fuzzy math! I figure the S.Buffalo stretch is longer than the Lackawanna one. Maybe its time for a CITY ENGINEER????

  6. #96
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    Court rejects truck ban on Ridge, South Park

    By Jay Tokasz

    News Staff Reporter

    Published:January 12, 2012, 12:00 AM
    Updated: January 12, 2012, 6:13 AM


    A state appellate court has ruled that Lackawanna cannot forbid heavy trucks from traveling on Ridge Road and South Park Avenue.

    The ruling by the Appellate Division, Fourth Judicial Department, mostly affirmed State Supreme Court Justice Diane Y. Devlin’s 2010 decision.

    “As a company that places a high value on being a strong corporate citizen, we view litigation against a municipality as a last resort. However, in this case, it was a necessary one,” said Anthony J. Baynes, president of A. J. Baynes Freight Contractors, in a prepared statement.. “I am pleased for A. J. Baynes Freight Contractors and Lactalis that both the Supreme Court and the Appellate Division determined the ordinance was invalid.”

    Sorrento Lactalis, which initiated the lawsuit against the city, said: “Sorrento Lactalis is pleased with the appellate court’s decision which will allow milk trucks once again to reach the Sorrento plant via the direct route they’ve used for over 40 years.”

    The Lackawanna City Council adopted the controversial ordinance in a 4-1 vote on March, 2 2009, establishing a new route system that prohibited trucks weighing more than 10,000 pounds from traveling on all but two streets in Lackawanna — Abbott Road and the Hamburg Turnpike (Route 5). Then-Mayor Norman L. Polanski Jr. signed the measure into law a day later.

    Sorrento Lactalis, which for decades had milk from the Southtowns trucked through Lackawanna to supply its cheese factory on South Park Avenue in South Buffalo, sued the Council and Polanski, arguing that the new prohibition would unfairly increase the company’s costs by forcing truck drivers to take a circuitous route to the cheese plant.

    The Baynes and Ajac trucking firms also sued the city. The companies told the court they lost $230 per day when the driving ban was in effect.

    A lengthy court battle ensued.

    In 2009, Devlin lifted the ban, and in 2010, she decided the case in favor of the truckers, saying that the city enacted its ordinance “in an outrageously arbitrary manner, without making factual findings or studying the impact of a change in truck routes upon business, residents or the environment.”

    The ban, added Devlin, “was clearly retaliatory for Sorrento’s refusal to assist the mayor in his quest for state funding for road improvements.”

    The city appealed the decision.

    The Appellate Division agreed with Devlin for the most part, although it slightly modified her ruling that the 2009 ordinance was unconstitutional.

    The city can make a motion for the Court of Appeals, the state’s highest court, to consider another appeal. But the city’s legal stance to date has been criticized by some residents as a poor use of taxpayer dollars.

    “I’m awaiting the city attorney’s review of the decision, and once I get up to speed with what’s going on, I’ll make an executive decision from there,” said Mayor Geoffrey Szymanski, who took office Jan. 1.

    In her ruling, Devlin stated that South Park Avenue, Route 62, was a “state highway” for its entire length. But the Appellate Division declared that Devlin “erred in determining that South Park Avenue is a state route within the city.”

    City officials said South Park Avenue is one of Lackawanna’s busiest streets and needs to be rebuilt at a cost of $20 million to $25 million — a bill the city cannot afford.

    jtokasz@buffnews.com


    Comments

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    Although Lactalis has a long and successful history at its current location, Sorrento should consider moving their operations to the West Seneca Industrial Park which is conveniently located on Union Road near Rt. 400. We certainly have the infrastructure in place to support the facility and I am sure that the Town would welcome the addition to our commercial tax base.



    EVELYN HICKS, WEST SENECA, NY on Thu Jan 12, 2012 at 01:38 PM
    [SIGPIC][/SIGPIC]

  7. #97
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    Talking Say Cheese!

    When the new Industrial Park across from Odell Street in the old Steel Plant property(not real far from where 3 Gate used to be), is more than ideal to anywhere.
    Plenty of Lackawanna people work there....keep it close as it has always been.

    Just cheese-food for thought.......

  8. #98
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    I wish people would see what stupid vindictive decisions lead to? If they are going to relocate anywhere else it'll be out of NYS I am sure.

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    Maybe I misundertood what you said in your post, you suggest Sorrento moves into the Industrial Park by the hotel and coffee business?

  10. #100
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    After spending a million dollars or more in court fighting the City of Lackawanna over the truck ban Sorrento is not going to set foot in this city period. They would be crazy to. Since they won the case on several occasions I wonder if they can sue Lackawanna for refunding them their legal fees. The next step in this process will be interesting. Talk about a legal quagmire and a lawyers dream due to the money spent!

  11. #101
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    Post January 12, 2012 Buffalo News article re: City of Lack. vs. Sorrento/Lactalis

    The Appellate Division agreed with Devlin for the most part, although it slightly modified her ruling that the 2009 ordinance was unconstitutional.

    The city can make a motion for the Court of Appeals, the state’s highest court, to consider another appeal. But the city’s legal stance to date has been criticized by some residents as a poor use of taxpayer dollars.

    “I’m awaiting the city attorney’s review of the decision, and once I get up to speed with what’s going on, I’ll make an executive decision from there,” said Mayor Geoffrey Szymanski, who took office Jan. 1.

    In her ruling, Devlin stated that South Park Avenue, Route 62, was a “state highway” for its entire length. But the Appellate Division declared that Devlin “erred in determining that South Park Avenue is a state route within the city.”



    Stay tuned folks....this one is A LOT bigger time and $$money$$ situation that powers to be want to put us into AGAIN unnecessarily, than many realize!
    No offense, but I can't stop cracking up at the statement, " once I get up to speed " on January 12 and then was quoted in the News on Jan 29, 2012 stating the City was going to appeal AGAIN! BIG $$$$$$$ folks!
    Complain now or the next time you buy a pizza to feed the family and it is $20.00..........don't say a word to Bella because the mozzarella went up to pay for this HUGE Lawsuit again!
    It will be YOUR FAULT for NOT contacting the Mayor and Council with YOUR opinion! Remember they are YOUR voice in City Hall and LOTS of Lackawanna citizens are employed at Sorrento!

    P.S. Don't you think sitting " 6 " years on the City Council already had a certain someone already, " up to speed " on ALL City business?

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