Alleghany Road & Indian Falls Road Traffic Safety Concerns Timeline
Western New York National Cemetery
Prepared by Peter C. Rizzo, AICP, CFE, CGAP
This document contains a timeline of events associated with traffic safety concerns raised by U.S.
Department of Veterans Affairs (VA) employees James R. Metcalfe II and Peter C. Rizzo, while assigned
the Western New York National Cemetery Phase 1A construction contract. The concerns relate to
conditions on Alleghany Road (New York State Route 77) and Indian Falls Road (Genesee County Route 4)
in Pembroke, New York, which bound the west and north sides of the Cemetery, respectively. The blue
underlined text in this document contain links to corresponding evidence.
Referenced individuals include:
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Jonathan D. Bonham, The LA Group Senior Associate
o (518) 321-4071; jbonham@thelagroup.com
Carlton D. Boone, VA Office of Construction and Facilities Management Realty Specialist
o (301) 875-5359; carlton.boone@va.gov
Michael D. Brennan, VA Office of Construction and Facilities Management Executive Director
o (202) 320-4081; michael.brennan@va.gov
Kevin C. Bush, New York State Department of Transportation Regional Director
o (585) 272-3310; kevin.bush@dot.ny.gov
Michael D. Carcanague, VA National Cemetery Administration North Atlantic District Engineer
o (484) 787-4760; michael.carcanague@va.gov
Marie Therese Dominguez, New York State Department of Transportation Commissioner
o (518) 457-4422; marietherese.dominguez@dot.ny.gov
Kathryn M. Downey, VA Office of General Counsel Real Property Law Group Attorney
o kathryn.downey@va.gov
Maria E. Garza, VA National Cemetery Administration North Atlantic District Chief of Operations
o (215) 359-5716; maria.garza@va.gov
Timothy J. Hens, Genesee County Highway Superintendent
o (585) 344-8508; tim.hens@co.genesee.ny.us
Lori L. Hoden, VA Office of Construction and Facilities Management Project Manager
o (202) 702-0808; lori.hoden@va.gov
Evenel Jean-Jacques, VA Office of Construction and Facilities Management Contracting Officer
o (202) 578-7540; evenel.jean-jacques@va.gov
Joyce L. Johnson, VA Office of Construction and Facilities Management Senior Resident Engineer
o (412) 216-7049; joyce.johnson7@va.gov
Laura M. Kusen, VA National Cemetery Administration North Atlantic District Executive Assistant
o (215) 381-3110; laura.kusen@va.gov
Glenn D. Madderom, VA National Cemetery Administration Development & Improvement Service Chief
o (317) 409-1634; glenn.madderom@va.gov
Willie Clyde Marsh, VA National Cemetery Administration North Atlantic District Director
o (215) 381-3787; willie.marsh@va.gov
James D. McDonough Jr., New York State Division of Veterans’ Services Director
o (518) 837-7216; jim@getheadstrong.org
James R. Metcalfe II, VA Western New York National Cemetery Director
o (717) 609-9090; james.metcalfe@va.gov
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Alleghany Road & Indian Falls Road Traffic Safety Concerns Timeline
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Randy C. Reeves, VA Undersecretary for Memorial Affairs
o (601) 946-3545
Peter C. Rizzo, VA Office of Construction and Facilities Management Program Manager
o (202) 568-1257; peter.rizzo@va.gov
Thomas C. Schneider Jr., Pembroke Town Supervisor
o (585) 409-8429; supervisor@townofpembroke.org
William A. Sheron Jr., Genesee County Sheriff
o (585) 345-3000, ext. 3501; william.sheron@co.genesee.ny.us
Paul J. Spitzer, New York State Department of Transportation Regional Traffic Engineer
o (585) 272-4890; paul.spitzer@dot.ny.gov
Albert M. Urban, Global Urban Enterprises Owner
o (585) 355-2022; aurban@globalurbanenterprise.com
Peter Wlodarczyk, Fisher Associates Senior Transportation Manager
o (585) 749-0703; pwlodarczyk@fisherassoc.com
TIMELINE
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March 2, 2020 – Mr. Metcalfe visits the Western New York National Cemetery construction site.
While there, Mr. Metcalfe observes the traffic on Alleghany Road and Indian Falls Road, which
are both two-lane, 55 mile-per-hour roadways. On Alleghany Road, Mr. Metcalfe observed
numerous vehicles exceeding the posted 55 mile-per-hour speed limit and saw faster vehicles
passing slower vehicles along a stretch of road immediately adjacent to the cemetery site
(passing is partially restricted in this area). Mr. Metcalfe became concerned that the
predominantly older clientele of Western New York National Cemetery, who will be unfamiliar
with local road conditions, will be at risk traveling to and from the cemetery on Alleghany Road
and Indian Falls Road. Mr. Metcalfe met with Mr. Rizzo to share these observations and
concerns, and the two then reviewed the construction drawings for the northbound turn lane
on Alleghany Road that VA had included in the Phase 1A construction contract. It was during
this review of the drawings that Mr. Rizzo identified that VA’s planned northbound turn lane on
Alleghany Road will obscure the view of Alleghany Road through-traffic for westbound Indian
Falls Road drivers attempting to enter the Alleghany Road intersection. It was in this meeting
that Mr. Metcalfe and Mr. Rizzo decided to pursue traffic safety improvements to Alleghany
Road and Indian Falls Road that would address existing dangers and avoid VA’s construction of a
potentially dangerous northbound right turn lane on Alleghany Road.
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March 3, 2020 – Mr. Rizzo prepares a draft letter for Mr. Metcalfe to send to the New York State
Department of Transportation (NYSDOT) Commissioner and Genesee County Highway
Superintendent. Mr. Rizzo sends the draft letter to Mr. Metcalfe via email.
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March 4, 2020, 3:05 PM – Mr. Rizzo revises the draft letter following review of the 2015 Traffic
Study associated with Western New York National Cemetery and sends a final version of the
letter to Mr. Metcalfe by email.
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March 4, 2020, 4:00 PM (estimated) – Mr. Metcalfe signs and mails the aforementioned letter
to the NYSDOT Commissioner and Genesee County Highway Superintendent.
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Alleghany Road & Indian Falls Road Traffic Safety Concerns Timeline
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March 5, 2020, Morning – Mr. Metcalfe emails Pembroke Town Supervisor Thomas Schneider Jr.,
Genesee County Sheriff William Sheron, Genesee County Highway Superintendent Timothy Hens,
and New York State Division of Veterans’ Services Director James McDonough to convey the
concerns over traffic safety and over VA’s planned turn lane.
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March 5, 2020, 3:16 PM – Mr. Metcalfe receives a response from Genesee County Sheriff
Sheron stating: “I concur with your concerns and plan on presenting them at the next Traffic
Safety Board meeting later this month.”
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March 5, 2020, 3:29 PM – New York State Division of Veterans’ Services Director James
McDonough forwards Mr. Metcalfe’s email to NYSDOT Commissioner Marie Therese
Dominguez.
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March 6, 2020, 1:21 PM – Mr. Metcalfe receives a response from Genesee County Highway
Superintendent Hens, stating:
Thank you for reaching out. I understand your concerns about both routes
and the intersection. Genesee County, however, has very little control
over this situation as the NYSDOT establishes all speed zones on all roads
and they are responsible for traffic control devices in intersections they
have jurisdiction over. As Rt 77 is a State Route, the intersection of County
Rd #4 is a NYSDOT responsibility, and they would be responsible for
determining appropriate controls. Please let me know if we can provide
any other support during this effort.
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March 6, 2020, 2:37 PM – Mr. Metcalfe sends an email to National Cemetery Administration
(NCA) North Atlantic District Director Willie Clyde Marsh, NCA North Atlantic District Engineer
Michael Carcanague, NCA North Atlantic District Executive Assistant Laura Kusen, NCA North
Atlantic District Chief of Operations Maria Garza. The email indicates that a sum of $9.7 million
in excess construction funds from two completed cemetery projects is available to transfer to
the Western New York National Cemetery Project. The project had been piecemealed due to
funding deficiencies, and these extra funds could help resolve those issues. (The funds could
also have been used to pay for additional safety improvements on Alleghany Road and Indian
Falls Road.)
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March 10, 2020, 10:00 AM – At the weekly Western New York National Cemetery project team
meeting, attended by Mr. Marsh, Ms. Garza, Mr. Carcanague, and 18 others, Mr. Metcalfe
announces that he identified traffic safety concerns on Allegany Road and Indian Falls Road
while on a recent site visit and that he is concerned that unfamiliar and elderly drivers will be at
increased risk of crash once the Cemetery opens for business. He also advises that he sent
communications to several local and state leaders seeking support for a four-way-stop at the
intersection, along with reduced speed limits.
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Alleghany Road & Indian Falls Road Traffic Safety Concerns Timeline
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March 10, 2020, 1:21 PM – Mr. Metcalfe receives a response from Pembroke Town Supervisor
Schneider stating:
Peter Rizzo and I have talked a few times about the plan to ask for traffic
control devices and speed limit reductions at Indian Falls and Route 77.
I’ve forwarded a copy of your letter to the Town Board and I’ll be placing
a Resolution of support on Thursday’s Town Board Meeting Agenda. Our
Planning Board Chairman also sits on the County Traffic Safety Committee
and has told me they have had discussions about this very topic.
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March 10, 2020, 3:17 PM – Mr. Metcalfe sends email to Mr. Marsh documenting all the support
he has received from the Pembroke Town Supervisor and Town Board, Genesee County Sheriff,
New York State Division of Veterans’ Services, and Genesee County Highway Superintendent
Timothy Hens for making improvements to Alleghany Road and Indian Falls Road. The email
includes Mr. Metcalfe’s letter to the NYSDOT Commissioner as an attachment.
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March 12, 2020 – The Pembroke Town Board unanimously passes a resolution acknowledging
the traffic safety concerns raised by Mr. Metcalfe and Mr. Rizzo and endorsing the proposed
safety improvements to Alleghany Road and Indian Falls Road.
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March 13, 2020 – Mr. Schneider sends the Pembroke Town Board resolution to Mr. Rizzo and
Mr. Metcalfe by email.
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March 17, 2020 – At the weekly Western New York National Cemetery project team meeting,
attended by Mr. Marsh, Mr. Carcanague, and 18 others, Mr. Metcalfe reports that the
Pembroke Town board passed a resolution endorsing Mr. Metcalfe’s requested Alleghany Road
and Indian Falls Road safety improvements, and that the resolution was forwarded to the
Genesee County Sheriff and NYSDOT Regional Director Kevin Bush.
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March 24, 2020 – At the weekly Western New York National Cemetery project team meeting,
attended by Mr. Marsh, Ms. Garza, and 18 others, Mr. Metcalfe announces that the NYSDOT is
doing a traffic report on Alleghany Road and Indian Falls Road and that Mr. Metcalfe provided
Mr. Bush with VA’s 2015 Traffic Study. He also reports that he forwarded his March 4, 2020
NYSDOT letter to Western New York National Cemetery Project Manager Lori Hoden.
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March 25, 2020 – Mr. Metcalfe meets with Mr. Carcanague, Ms. Garza, NCA Cemetery
Development & Improvement Service Chief Glenn D. Madderom, and Ms. Hoden to discuss his
traffic safety concerns. While the attendees support Mr. Metcalfe’s improvement
recommendations, concerns are raised about whether these changes will impact the
construction schedule. Subsequently, Mr. Carcanague, Ms. Garza, and Mr. Madderom
determine that:
[I]t would be in NCA’s best interest to move forward with the construction
in accordance with the design drawings. Thus, the turning lane should be
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Alleghany Road & Indian Falls Road Traffic Safety Concerns Timeline
constructed in accordance with the contractor’s schedule. The reason for
this is that NCA does not want to negatively impact schedule and early
turn over. If the approvals for the four way stop sign are obtained before
the construction of the turning lane starts, we will revisit the turning lane
need with the NCA team and the contractor.
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March 26, 2020, 8:32 AM – Mr. Carcanague sends a summary of the previous day’s meeting to
Mr. Marsh by email, which includes the above-quoted statement.
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March 26, 2020 – Mr. Bush sends letter to Mr. Metcalfe stating:
[NYSDOT] will conduct a review to determine if an all-way stop is
warranted at [Alleghany Road] and [Indian Falls Road]. NYSDOT
professionals will also review [Alleghany Road] and [Indian Falls Road]
in this vicinity to see if a reduction in speed limits would be
appropriate. You will be notified of these findings and any resultant
actions upon completion of the review.
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March 31, 2020, 9:30 AM – Mr. Metcalfe and Mr. Rizzo meet with Mr. Bush and NYSDOT
Regional Traffic Engineer Paul Spitzer via a conference call to discuss existing road safety
concerns and the potential for additional dangers associated with VA’s planned northbound
right turn lane on Alleghany Road at Indian Falls Road. Meeting notes produced by NYSDOT
state:
Concern over older drivers making a left turn from WB CR 4 to SB SR 77
Consistent lower speeds are desired at the intersection. Speed limit
reduction in the absence of any significant changes would not be
effective and would likely lead to higher variation in speed while still
having most of the traffic traveling at a higher speed. This makes it more
difficult to judge gaps at intersection. It will also likely lead to an increase
in passing in the area.
A four-way stop is not an option based on the [Manual on Uniform Traffic
Control Devices] given the existing and projected relative volumes of the
two roads. Even if it was an option, it would likely lead to a period of
severe crashes as most traffic has driven through this section for years
and “muscle memory can be very difficult to overcome, even with heavy
signing and warning lights. Similarly, a signal would not be warranted
based on the relatively low volumes.
Concern over drivers making a right turn from NB SR 77 to EB CR 4.
A right turn lane is currently proposed by the National Cemetery which
will reduce risk for right turning vehicles. However, there may be times
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Alleghany Road & Indian Falls Road Traffic Safety Concerns Timeline
when this makes the left turns referenced above more difficult with NB
through vehicles being shadowed by NB right turning vehicles.
As discussed in our meeting, a roundabout would address the speeds and
safety issues at the intersection and has been used in other rural areas
of the Region. This type of treatment is appropriate for the projected
volumes. The construction cost at letting from the last two roundabouts
in Ontario County is as follows:
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CR 28 at Shortsville Rd - March 2020 letting - low bid $2,598,960
CR 23 at McIvor Rd / Ft Hill Rd - April 2019 letting - low bid
$2,394,719
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March 31, 2020, 10:00 AM – At the weekly Western New York National Cemetery project team
meeting, attended by Mr. Marsh, Mr. Carcanague, and 18 others, Mr. Metcalfe and Mr. Rizzo
stated that they met earlier that morning with Mr. Bush, who advised that NYSDOT does not
recommend a four-way-stop for the intersection in question because traffic in all four directions
is not equal, and reduced speed limits would not be effective because of historic driving patters.
Also, Mr. Rizzo reported that the NYSDOT agrees with his assessment that the northbound turn
lane on Alleghany Road at Indian Falls Road may obscure sight lines for westbound vehicles on
Indian Falls Road attempting to enter the intersection. It was also reported that the NYSDOT
said that a traffic signal with an actuator loop would be an option, but that a roundabout is
preferred, with a cost of roughly $2 million to be funded by NCA. NYSDOT stated that there is
room in the existing right-of-way, meaning that no land acquisition would be required, and the
NYSDOT would provide support for project planning. Mr. Carcanague agreed to review this
option.
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April 7, 2020, 9:01 AM – Mr. Spitzer sends Mr. Metcalfe his notes from the March 31, 2020
meeting between NYSDOT and VA.
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April 7, 2020, 9:40 AM – Mr. Metcalfe forwards the NYSDOT’s notes from the March 31, 2020
meeting to Ms. Hoden and Ms. Johnson. The email states in part:
As we move forward with the right turn lane included in the project scope,
there are concerns with westbound drivers on Indian Falls Road not
having a clear view of northbound traffic on [Alleghany Road] that may
be creating a hazard from blocked view of oncoming [northbound] traffic
by processions and vehicles making right hand turns off of [Alleghany
Road] [northbound]. It is believed, to include the NYSDOT, that a
roundabout would address all safety concerns.
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May 28, 2020 – Mr. Rizzo notifies Ms. Hoden by email that the easement for a new
underground water line to be installed on the east side of Alleghany Road will encroach on VA’s
planned northbound right turn lane on Alleghany Road at Indian Falls Road.
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May 29, 2020, 1:29 PM – Global Urban Enterprises owner Albert M. Urban emails VA Office of
Construction and Facilities Management Senior Resident Engineer Joyce L. Johnson and VA
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Office of Construction and Facilities Management Contracting Officer Evenel Jean-Jacques to
advise that the conflict between new underground water line and VA’s proposed turn lane may
delay construction. Mr. Urban recommends that VA consider a formal withdrawal of “its plans
to install the turn lane. NYSDOT recently advised VA of potential safety concerns related to the
turn lane (vehicles in the turn lane would block the view of northbound thru-traffic on Allegheny
Road for drivers queued in the westbound lane on Indian Falls Road).”
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May 29, 2020, 2:24 PM – Ms. Hoden emails The LA Group Senior Associate Jonathan Bonham
(VA’s Architect of Record for Western New York National Cemetery) stating:
It was my understanding from an earlier discussion that the right turn
lane may not be required at all. I am a little concerned that there are so
many people involved with this issue with seemingly different actions
going on. Looking for your advice regarding how I can intervene to get to
a decision of whether or not the turn lane will be needed. Thanks for your
help.
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May 29, 2020, 2:32 PM – Mr. Bonham emails Ms. Hoden, stating: “We are looking into the
project history of the turn lane. The new NYSDOT safety concerns regarding the turn lane and
those concerns potential project impact are alarming. We will provide a recommendation as
soon as possible.”
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June 1, 2020 – Ms. Johnson emails Ms. Hoden and Mr. Jean-Jacques, stating:
I recommend a third option. We issue a contract modification to move this
scope of work to post [Early Turnover (ETO)] which would conceivably be
next spring so the water line work commences immediately and all parties
have time to thoroughly review the turn lane requirements. Since WNY is
just starting operations, we can expect the volume of traffic to be
relatively small (as compared to future traffic volume) so not having the
turn lane in ETO wouldn’t have much of an impact on operations.
Ms. Hoden replies that Mr. Bonham “is looking into the feasibility of this” scenario.
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June 3, 2020 – Mr. Bonham emails Ms. Hoden to advise that The LA Group’s subcontracted
“traffic engineer [Fisher Associates Senior Transportation Manager Peter Wlodarczyk] has a
conference call scheduled tomorrow afternoon with the local points of contact for NYSDOT to
understand the new issues raised with the turn lane.”
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June 5, 2020, 11:00 AM – VA (including Ms. Hoden, Ms. Johnson, Mr. Rizzo, VA Office of General
Counsel Real Property Law Group Attorney Kathryn Downey, and VA Office of Construction and
Facilities Management Realty Specialist Carlton Boone) meets with NYSDOT and The LA Group
to discuss permitting issues related to VA’s planned right turn lane and associated conflicts with
the new underground water line. In the meeting, VA stated that it would like the underground
water line project to proceed before it installs the right turn lane, meaning that the Cemetery
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Alleghany Road & Indian Falls Road Traffic Safety Concerns Timeline
would open before the turn lane is installed. NYSDOT noted that the turn lane could be
shortened to fit within the existing road right-of-way, eliminating the need for VA to donate part
of its property to New York State (however, this would not resolve the sight line issues resulting
from the turn lane). NYSDOT asked if VA would construct a roundabout at the intersection of
Alleghany Road and Indian Falls Road instead of a turn lane; in response, The LA Group noted
that the construction of a roundabout is not part of VA’s ongoing construction contract.
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June 5, 2020, 11:37 AM – Ms. Johnson emails Mr. Urban, stating:
The VA/AE reviewed this project’s turn lane and the county’s water line
project with NYDOT this morning. The VA requested that the water line
project take priority over the VA’s turn lane permit request. The NYDOT
agreed to put the VA’s permit/title search on hold pending receipt of a
letter from the VA. They are also reaching out to the waterline design
firm to explain this revision of their review priority. This activity will be
rescheduled on the project schedule.
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June 22, 2020 – Mr. Rizzo is reassigned from the Western New York National Cemetery and no
longer able to continue work on any matter concerning the project, including traffic safety
improvements for Alleghany Road and Indian Falls Road.
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June 25, 2020, 1:00 PM – VA (including Ms. Hoden, Ms. Johnson, Ms. Downey, and Mr. Boone)
meets with NYSDOT and The LA Group to discuss VA’s proposed turn lane.
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June 25, 2020, 4:14 PM – Mr. Bonham distributes minutes from the June 25, 2020, 1:00 PM meeting
between VA, NYSDOT, and The LA Group. The meeting minutes state in part (emphasis added):
3. The LA Group noted the three options to move forward with the
project.
1) Not having a turn lane and maintaining the existing
traffic design.
2) Redesigning the turn lane during construction, reducing
its length to be completely within the existing right-ofway.
3) Proceeding with the bid document design of the turn
lane. Proceeding with the land donation (expansion of
right-of-way).
4. The preference of all in attendance is to proceed with the redesign
of the turn lane to be completely within the existing right-of-way.
[…]
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6. The A/E Team clarified that the previous comment regarding the
turn lane could create safety issues at the intersection. The A/E
team noted that no one in attendance would want to create
safety issues. NYSDOT noted turn lane design has a balance.
NYSDOT asked if large groups would be exiting from Indian Falls
Road. The A/E Team noted there are two large gatherings
typically at National Cemeteries per year. NYSDOT noted not
having the turn lane would be problematic for this location.
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June 30, 2020 – Mr. Bonham issues revised minutes from the June 25, 2020, 1:00 PM meeting
between VA, NYSDOT, and The LA Group. This version includes notable changes to paragraph
number 6 of the minutes (emphasis added):
6. The A/E Team clarified that the previous comment regarding the
turn lane could create safety issues at the intersection. The A/E
team noted that no one in attendance would want to create
safety issues. NYSDOT noted right turn lanes provide increased
safety for right turners and there are situations where left turner
views could be blocked. It is a balance but overall provides more
safety. NYSDOT asked if large groups would be exiting from
Indian Falls Road. The A/E Team noted there are two large
gatherings typically at National Cemeteries per year. NYSDOT
indicated that the [2015] traffic study [conducted by VA]
demonstrated a warrant for the right turn lane and not putting it
in would require further documentation as to why the decision
was made to remove it from the project.
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July 6, 2020 – Ms. Johnson alerts Mr. Marsh and several other Western New York National
Cemetery project team members by email that a three-vehicle crash with injuries occurred at
the intersection of Alleghany Road and Indian Falls Road around 12:30 PM on this date.
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July 20, 2020 – Mr. Marsh sends a memorandum to Mr. Metcalfe, stating in part: “You are
directed to not engage with County Officials or DOT about changing traffic patterns or stops
signs or speed limits.” Therefore, Mr. Metcalfe is unable to continue work on traffic safety
improvements for Alleghany Road and Indian Falls Road.
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July 15, 2021 – VA begins construction of its northbound turn lane on Alleghany Road at
Indian Falls Road.
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September 15, 2021 – VA completes construction of its northbound turn lane on Alleghany
Road at Indian Falls Road and opens the lane to traffic.
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September 22, 2021 – Two U.S. Army veterans—Arnold Herdendorf (age 69) and Christopher
Rowell (age 70), both of Lockport, New York—are tragically killed at the intersection of
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Alleghany Road and Indian Falls Road. The two men had traveled to Western New York National
Cemetery together for a 1:00 PM burial service in honor of fellow U.S. Army veteran, Martin C.
Phelps. After Mr. Phelps’ service, Mr. Herdendorf and Mr. Rowell chatted with cemetery staff
before departing in Mr. Herdendorf’s silver Chevrolet sedan around 1:45 PM. They exited the
Cemetery via the main gate, turned left onto Indian Falls Road, and drove about 600 feet west
to the intersection of Alleghany Road. It was at this intersection that Mr. Herdendorf’s vehicle
collided with a northbound commercial truck barreling down Alleghany Road (the speed limit on
both roads is 55 mph). The impact launched Mr. Herdendorf’s vehicle into a utility pole about
170 feet from the intersection, causing the pole to snap in half. Both Mr. Herdendorf and Mr.
Rowell died instantly. Mr. Rowell was decapitated. WNYNC Director James R. Metcalfe II was
first on the scene, moving body parts (and car parts) strewn across the road to the shoulder so
that passing vehicles would not desecrate what remained of the two dead veterans. Two
occupants of the commercial truck were not physically injured.
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October 12, 2021 – A joint burial service is held for Mr. Herdendorf and Mr. Rowell at Western
New York National Cemetery. Their cremated remains are interred in plots adjacent to Mr.
Phelps, whose burial service Mr. Herdendorf and Mr. Rowell attended at the Cemetery on the
day they were killed.
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