A Public Hearing was held by the Town Board of the Town of Moreau on May 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. 3 of 2003, which would amend Chapter 136 of the Moreau Town Code, "Vehicles and Traffic".

Supervisor Gutheil opened the Public Hearing at 6:50 p.m.

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; Martin D. Auffredou, Attorney for the Town; Mike Shaver, Water Superintendent; Nancy Ryan, Transfer Station Clerk; and guests.

The Town Clerk read the following Notice of Public Hearing:

TOWN OF MOREAU

NOTICE OF PUBLIC HEARING

TO CONSIDER ADOPTION OF LOCAL LAW

PLEASE TAKE NOTICE that pursuant to Section 20 of the Municipal Home Rule Law of the State of New York, the Town Board of the Town of Moreau will conduct a public hearing on Monday, May 12, 2003 at 6:50 p.m. at the Moreau Town Hall located at 61 Hudson Street, South Glens Falls, New York for the purpose of considering the adoption of Local Law No. 3 of 2003. The Local Law would prohibit any truck, commercial vehicle, tractor, tractor-trailer combination or tractor-semi-trailer combination in excess of 25 feet in length, whether loaded or unloaded and traveling to or from the Moreau Industrial Park, to be driven or operated on Bluebird Road between the intersections of Route 9 and Fort Edward Road. A copy of the full text of Local Law No. 3 of 2003 can be obtained at the Moreau Town Hall.

Jeanne M. Fleury

Town Clerk

Published: May 6, 2003

The following letters were read into the record by the Town Clerk as follows:

The results from our drivers are in. To a man they all recognize that the turn onto Route 197 is dangerous. One they must move into oncoming traffic to make the turn and two when they have negotiated the turn they are immediately on an incline in a 55 mph zone hauling loads as high as 107,000 lbs. They also noted that the intersection is blind for northbound traffic, which along with the slow moving unit raises the potential for an accident even further. They also noted that there are several blind driveways on this route and I would also like to point out that with the current route after we leave the interstate we make two right hand turns traveling to your plant. If we were forced to use the proposed route that would double. Corners and exit ramps are nationally recognized, as the most dangerous locations for upsetting tractor trailers especially tank trucks. In summary it is our professional opinion that the route we currently use is by far the safest. I would also volunteer myself, John Frezzo and each one of our drivers to appear before the planning board if necessary to defend their professional opinion. It would be noted that each one of the drivers involved has more than 1 million miles of safe driving during their carriers as professional drivers. Please let me know if we can be of further assistance in this matter.

Stephen J. Rush, President

Carbon Express & Rush Logistics

P.O. Box 403

Wharton, NJ 07885

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From: Langer Transport Corp.

420 Route 440 North

Jersey City, NJ 07305-4813

I write to provide you with Langer Transport’s official position concerning the proposed alternate route (hereafter referred to as the "PAR") for our trucks to follow from Route 87 (The Northway) to Borden Chemical’s facility in the Moreau Industrial Park in Moreau, New York. As an initial matter, we are a third-generation family business, which my Grandfather started in 1934. We have 14 terminal locations in the United States. We take pride in our safety record and the relationships we have formed with the local communities in the location we serve. For the reason stated below, we have very serious safety concerns over the PAR. We wholeheartedly respect the concerns of Borden Chemical and the concerns of the Town of Moreau over trucks passing by the Moreau Elementary School on Bluebird Road. I have 4 young children of my own. However, in weighing the safety concerns in connection with trucks passing by the school with the safety concerns I personally observed while driving the PAR, it is clear to me that we would be trading a safe-truck route (the current route) with a dangerous route (the PAR). In our business, safety is our first concern and the PAR poses substantial safety issues, which I believe far outweigh any potential safety issues with out trucks passing by the School. Why exchange a safer situation for a far more dangerous situation? As you know, I met with you and others at your facility to discuss, among other things, the PAR. I drove the PAR with Borden’s Mike Karpinski so I could see first hand the route our trucks would take if the Town decided to re-route our trucks. Mr. Karpinski also showed me some other potential alternate routes which we quickly determined were even less safe than the PAR. Mr. Karpinski and I drove the PAR as if we were exiting the Moreau Industrial Park and heading back to Route 87. Here are my observations, which cause me great concern.

The left-hand turn from Bluebird onto Fort Edward Road is tight. At the time we drove the PAR, the roads were clear and dry. Our trucks will have a challenging time making that turn on a good day. They would have to make a far right swing as it turns left in order for our trailer to clear the left side of the road. If there are cars in the intersection, or if a car tries to pass or "beat" our truck, which is turning, we’ll have a first potential for an accident. If there is snowfall or other inclement weather on any given day, the "challenge" becomes even greater. The same issue exists coming from the other direction (making a right turn onto Bluebird from Fort Edward Road).

Fort Edward Road is a winding road with homes situated fairly close to the roadway. My concern is the potential condition of the roadway given the various curves in the roadway. Any snow, ice or slick pavement (even from a rainstorm on a hot summer day) could pose a danger for a tractor-trailer, which is trying to negotiate the curves.

The end of Fort Edward Road (where it intersects with Reynolds Road-Route 197) also cause me great concern. There is a downgrade there, leading to a road where vehicle traffic is moving quickly (I think I recall the speed limit is 50 mph there?). Directly across from Reynolds Road where it meets Fort Edward Road is a steep ravine. If for some reason our truck had difficulty stopping there (slick surface, etc.), we could wind up with a dangerous situation (either an accident with another vehicle or our truck sliding into the ravine). Also, coming from the other side, our truck would be required to make a left hand turn from Reynolds Road onto Fort Edward Road. That also poses a problem as our truck would have to make a wide right swing to make the rather tight left turn. I am very concerned over any car traffic behind our truck, which might attempt to pass him on the right as he is making the far right swing to make the left turn. There is a lot of risk there as well. There is not a lot of room to work with there, so even a left hand turn lane would not help as our trucks would require all lanes heading in that direction to make the turn.

The current route is straightforward. The many, various concerns we have over wide turns, winding roads and downgrade stops do not exist. Our drivers follow the posted speed limit near the School area, and they are at least 50 yards or so away from the school as they pass by. The risk to people is much greater with the PAR (homes are lined up right next to the roadway). The risk to other vehicle traffic is also much, much greater with the PAR. In conclusion, we firmly believe that the PAR poses far greater risk than the current route. Other than the safety issues I raise above, we have nothing to gain or lose by using either route. It is simply a matter of safety. Thank you for considering our position and I am available to answer any other questions you might have.

Very truly yours,

Jerry Langer

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Supervisor Gutheil advised that he had a conversation with Jack Kelly of SEDC and he recommended that the Town do a supplemental traffic impact study, something that could be used in SEQR.

Supervisor Gutheil asked if anyone present wished to speak in favor of or against the proposed Local Law.

Mike Karpinski from Borden Chemical introduced Steve Rush and Jerry Langer who were present to offer their opinion. Mike Karpinski stated that safety is the number one concern. His recollection of the permit process was that an updated traffic study and supplemental EIS addressed all the roads as a group and the current route being used is the safest.

Supervisor Gutheil advised that Lance Hillman had expressed his concerns and does not like the preferred route.

Jerry Langer stated that his company’s number one concern is safety and they have nothing to gain or lose other than safety. Bluebird Road is a much better option and why put the public, truck drivers and other vehicles in a situation that is less safe.

Stephen Rush seconded what Mike Karpinksi and Jerry Langer said. He has driven for 16 years professionally and Bluebird Road is far superior to the PAR.

Supervisor Gutheil stated for the record that the Town Board is not proposing this road, this was a result of an impact statement back in the early 90’s.

Joe Patricke stated the impact statement was done in 1990 and it was updated in 1997.

Supervisor Gutheil asked Joe Patricke if the findings in the updated impact statement in 1997 were the same as the findings in 1990 and Joe Patricke replied, yes.

Stephen Rush added that when he drove the PAR his instincts from years of driving had him looking for alternate routes. Knowing truck drivers as well as he does he thought the Board would have to install road limit signs on side streets, because the first few weeks the truck drivers will try those routes to see if they were any quicker.

Mrs. MacAlister, 37 Bluebird Road, spoke about the increased traffic on Bluebird Road and at night the trucks sometimes speed up and wake her up. There are a lot of pedestrians on Bluebird Road. This should have been planned for years ago. Bluebird Road wasn’t meant to be a throughway, it was meant to be R1.

Ron Rosati spoke in favor of the proposed Local Law to control the truck traffic going to and from the Industrial Park. He wondered why the concerns expressed by the trucking companies weren’t brought up in 1996 and 1997 when Spurlock was doing the Environmental Impact Statement (EIS). If that is an unsafe route then why did Spurlock say they were going to use that route as the designated truck access route? Why was it included in the Environmental Impact Statement if it is unsafe? It makes no sense to him. We are comparing Bluebird Road with Fort Edward Road; they never should have started using Bluebird Road in the first place.

Mike Karpinski responded to these comments saying that through the Planning Board, the Final Impact Statement was completed and Spurlock Adhesives (now Borden Chemical) addressed all of the roads based on an updated traffic study. The Generic Impact State that goes back to around 1991 mentions it as the preferred route. It is their position that if the traffic issue is re-opened then a supplemental traffic study should be conducted. In 1997 the findings that came out through the Planning when Spurlock received approval it was Spurlock’s intent to use State and County Roads going to and from the Industrial Park. The Generic Impact Statement was based on the full build out of the Park.

Supervisor Gutheil asked Joe Patricke if this is what the Planning Board decided?

Joe Patricke stated, no, he thought the language was very clear that, that was the road they were supposed to use.

Jerry Langer stated that his company just began serving the facility in the Industrial Park in 1999.

Supervisor Gutheil stated that the Town Board has the option of keeping the hearing open. The Town is working with Adirondack Greater Glens Falls Transit trying to arrange for an updated truck traffic study. The scope of the proposed contract is being worked on. The other option is to close the Public Hearing. It is on the Agenda for the Regular Town Board Meeting tonight and the Town Board can act on it or not. [amended 5/27/03 jf]

Attorney Auffredou stated he had a conversation with Brent Kennen Kinnan and he expressed concern over the language in the proposed Local Law, in particular, how it focused entirely on the traffic to and from the Moreau Industrial Park. He explained to Mr. Kennen  Kinnan why he felt the Town Board was headed in that direction. He thought he was okay with it ultimately. Brent Kennen Kinnan did ask, on behalf of Borden Chemical, that if the Town was to adopt this Local Law that it not be implemented until after the traffic light was installed at the intersection of Fort Edward Road and Route 197. [amended 5/27/03 jf]

Attorney Auffredou was a little concerned over the issue of safety right now. It seemed to him that it might be well advised to put the study on the fast track and see where things go. He heard from a number of sources, including tonight, that Fort Edward Road may not be a safe alternative at this time. So he wasn’t sure if we were trying to solve a problem by creating a more serious problem. It is important for the Town Board to keep moving forward and keep the hearing process open and keep it on the agenda on a monthly basis and see where we go. He didn’t hear any objection to the text of the Local Law, rather that the Local Law forces truck traffic onto a route that may or may not be as safe.

Supervisor Gutheil asked the Board Members if they were okay with this and the response was yes. Supervisor Gutheil stated that he wouldn’t close the Public Hearing then at this time.

Councilman Hewlett asked Attorney Auffredou if once SEQR has been finalized could it be re-opened? He felt Fort Edward Road was not as safe.

Attorney Auffredou replied that it was final, but it may be looked at again. There is nothing wrong with looking at it again and saying we now have a new study, there is a tenant who has been in the Industrial Park and this is the record of that tenant. This is the safety record of Bluebird Road; these are the concerns we have with Fort Edward Road and other routes. There is nothing wrong with looking at it and modifying a situation. In all likelihood a supplemental or new EIS may be needed.

Ron Rosati asked if the EIS was re-opened and revised would it concern the entire project or specifically the traffic. In other words, could the EIS find that Borden Chemical was not a fit for the Town of Moreau and the Planning Board could decide that they didn’t want that business in the Industrial Park anymore?

Attorney Auffredou replied that, that would be tough to reach that far with the EIS.

Councilman Kusnierz asked Attorney Auffredou if the safety issue is part of the equation? We are working on the premise that the designated truck route that currently exists and we are looking to change the route?

Attorney Auffredou said he agreed with Joe Patricke that there is a designated truck route and we are dealing with a number of individuals and entities that have voiced particularized concern with the truck route that was designated.

Supervisor Gutheil said this was nothing that we were proposing. It goes back to the 1990’s and now it has become a question of enforcement.

Supervisor Gutheil stated he would keep the Public Hearing open.

Respectfully submitted,

Jeanne Fleury

Town Clerk