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A Public Hearing was held by the Town Board of the Town of Moreau on August 12, 2003 in the Town Office Building, 61 Hudson Street, South Glens Falls, New York, for the purpose of considering the adoption of Local Law No. 2 of 2003 "Moratorium on the operation of mines, quarries, gravel pits and mineral extraction operations in the Town of Moreau".

Supervisor Gutheil opened the Public Hearing at 6:30 p.m.

The Town Clerk called the roll, which resulted in the following Town Board Members being present or absent:

Town Board Members Present:

Harry G. Gutheil, Jr. Supervisor

Rich Hewlett Councilman

Bob Prendergast Councilman

Niki Baker Councilwoman

Todd Kusnierz Councilman

Town Board Members Absent:

None

Also Present: Jeanne Fleury, Town Clerk; Karla Buettner, Attorney and Assistant to Martin D. Auffredou, Attorney for the Town; Michael O’ Connor, Attorney for Pallette Stone and Glens Falls Cement Company; William Beers, Representing Pallette Stone; and guests.

The Town Clerk read the following Notice of Public Hearing that was published in the legal section of the Post Star on August 6, 2003:

TOWN OF MOREAU

NOTICE OF PUBLIC HEARING

TO CONSIDER ADOPTION OF LOCAL LAW

NOTICE IS HEREBY GIVEN pursuant to Section 20 of the Municipal Home Law of the State of New York that a public hearing will be held by the Town Board of the Town of Moreau on Tuesday August 12, 2003 at 6:30 p.m. at the Town Hall located at 61 Hudson Street, South Glens Falls, New York for the purpose of considering the adoption of Local Law No. 2 of 2003. If adopted, Local Law No. 2 of 2003 would establish Chapter 113-A of the Moreau Town Code – "Moratorium on the operation of mines, quarries, gravel pits and mineral extraction operations in the Town of Moreau". Local Law No. 2 of 2003 would establish the moratorium for a period of one hundred eighty (180) days. The proposed moratorium prohibits the operation of mines, quarries, gravel pits and sand, gravel and mineral extraction operations within the boundaries of the Town of Moreau. Local Law No. 2 of 2003 would apply to special permit applications to the Zoning Board of Appeals as well as applications for new operations and expansion of existing permitted operations to the Town Board under Chapter 113 of the Town of Moreau Code. Written comments on Local Law No. 2 of 2003 can be submitted to the Town Clerk up and through the time of the public hearing. A copy of proposed Local Law No. 2 of 2003 can be obtained at the Moreau Town Hall.

Jeanne M. Fleury

Town Clerk

Pub. Aug. 6, 2003

Supervisor Gutheil asked if anyone present wished to comment.

The following people expressed their support of the proposed moratorium:

Jan Kropp 471 Old Saratoga Road

Scott Smith 533 Old Saratoga Road

Lois Flewelling Spier Falls Road

Jack Rosick Old Saratoga Road

Robert Duval 396 Old Saratoga Road

Dan Campagnone 183 Old Saratoga Road

Tim Kays 340 Old Saratoga Road

Marcellino Garcia 470 Old Saratoga Road

Scarth Macdonnell, Manager of Glens Falls Lehigh Cement Company, asked for his company to be recognized. They have been in the manufacturing business since 1890 and employ 150 people that depend on their mining operation. They own land in the Town of Moreau, South Glens Falls, Queensbury and Glens Falls. They have a big influence in the area and hope they will be recognized and given consideration in terms of any change to the mining permits.

Supervisor Gutheil asked if he had any comment on the proposed local law at all? The response was no.

Attorney Michael O’ Connor from the Law Firm of Little and O’ Connor introduced himself as representing the Glens Falls Lehigh Cement Company and Pallette Stone. His comment was that he thought the Town Board was throwing out the baby with the water. It was his opinion that the regulations in place now in Moreau are sufficient in regards to the any mining operations and in particular new mining operations. Under the current requirement that a special permit be applied for through the Zoning Board of Appeals the Town is able to put in all the protection that the Town is entitled to and the people are entitled to. He wasn’t sure what the intent was here. Typically the purpose of a moratorium is to change a law. He understood there were a couple of mining permits pending in the Town that would not be able to be issued if this moratorium is adopted this evening. One of the pending permits is from Glens Falls Lehigh. Cranesville also has a mining permit pending. The Town has only issued two permits and they were to Peter Barden and a separate operation of D.A. Collins.

Supervisor Gutheil said he wasn’t sure, but there may be one from Finch, Pruyn. Joe Patricke could answer this.

Attorney O’ Connor said he wasn’t sure if Finch, Pruyn’s Permit was pending or had been issued, maybe the Town Clerk could answer this.

The Town Clerk replied it was pending.

Attorney O’ Connor said if you look at your present law there is no distinction between renewals and new applications except for the fees. They are all treated as new applications. The way the moratorium is worded it reads "this law shall apply to applications for new mining permits, permits for the expansion of existing mining operations and new special permits for new mining operations or special permits to expand existing mining operations". He suggested they remove the language for new mining permits and permits for expansion of existing mining operations and

make the moratorium effective for new special permits and special permits to expand existing mining operations. That would give you the protection, as far as, brand new operations. He wasn’t sure that would protect Cranesville, because as he understands it they don’t have nay any permits for their operation from this Town. This moratorium is very broad and will affect some people who are in business or like "Pallette" who want to start their operation. They have given the Board an idea of what they think the life of the mine would be. If they could have this construction season then they would probably be out of there by the next construction season. He also cited from §113-A-4 of the proposed law as follows; "The moratorium shall be terminated earlier than the initial one hundred eighty (180) day period upon enactment of any local legislation that constitutes a new local law governing the issuance of licenses and/or special permits for mining operations in the Town of Moreau". He asked if this would include the termination of the existing mining permit, that is not a new law? It was his opinion that a Town Law is not necessary for Mining, but it wouldn’t terminate this moratorium. The purpose of the moratorium isn’t clear to him. Is the Town Board going to enact a new mining law or look at existing zoning to see if changes can be made to permitted uses in some zones? This is a slippery slope. The Town is trying to protect one particular neighborhood. If you do it for one neighborhood are you going to do it for another? People don’t just choose an area to set up a mine, because of the zoning classification. They choose that area because there are natural resources there that are worthy of mining. If the Board is going to adopt zoning changes, simply by zoning classification, not withstanding the fact of the geological make up of the lands you will deprive the Town and it’s people of an important natural resource. If you take natural resources out of this Town and out of the area you are going to add to everybody’s costs. [amended 8/26/02 jf]

Robert Duval said it wasn’t just a permit. It is what they are going to do to the surroundings. He asked the Board if they went and looked at the Shaw Pit?

Supervisor Gutheil said the purpose of the hearing was strictly regarding the local law being proposed. This proposed law is on the agenda of the regular meeting to follow at which time there could be dialogue.

Robert Duval said their concern was over their operating illegally. There were certain guidelines the Town said they weren’t supposed to and they did. They broke the rules.

Jan Kropp stated again that she was in support of the local law and thought the intent of the local law was to evaluate a situation that a previous Board should have evaluated. In rebuttal to a comment made by Attorney O’ Connor she said that just because mining is allowed in Moreau it doesn’t have to be allowed in a highly traveled residential neighborhood.

Supervisor Gutheil said they were going to try and look at the whole picture. They would have to take up with counsel the distinction between existing, expansion and new permits.