April 15, 2008
Town Board of Cohocton
Highway Superintendent - Tom Simons
Cohocton Planning Board
Cohocton Assessors
15 South Main Street
Cohocton, NY 14826
RE: Violation by UPC and Mortenson of road contract agreement
Dear Town of Cohocton Officials,
The incident of a clear violation of the road agreement with UPC took place on Saturday April 12, 2008 on Moore Road. A transport flat bed trailer hauling a tower section for the UPC industrial wind project has been parked and abandoned in the low part of the gully on the south side of Moore Road. As you are well aware the portable display signs that state NO CONSTRUCTION TRAFFIC have been positioned on Moore Road near the intersection of Pine Hill Road.
UPC and Mortenson have continuously violated the prohibition that marks the use of Moore Road by construction vehicles. Within the Town of Cohocton‘s road agreement with UPC and stated publically at public meetings, the construction firm would NOT use the public dirt roads during the spring season.
Any objective observer of the road system on Pine Hill will acknowledge that damage to town roads is dangerous and caused by vehicles for the UPC project.
The Hornell Tribune in a March 23, 2008 article by reporter Bob Clark - Cohocton residents complain about country roads, quotes Highway Superintendent:
Simons said most of the times Mortenson is called after he drives the roads himself to check for problem areas. “I drive the roads and when I see it is impassable to the public, I give them a call,” Simons said. “I really haven’t had many complaints (from the public).”In the last few weeks, however, the roads deteriorated after Mortenson’s grader was ticketed for operating without a license plate.
The continued illegal use of heavy equipment manned by Mortenson and other UPC subcontractors on Moore Road is intolerable. But more important is that this documented evidence memorializes that the Town of Cohocton totally ignores public safety and is subject to substantial damages for malfeasance. Intentional refusal to enforce the road agreement and the law is systemic.
Note that damage to our primary vehicle was also reported in the same newspaper article. What will it take to stop this road damage, a severe motor vehicle accident or even a fatality?
http://www.youtube.com/watch?v=uAZLjvx-NI4
http://www.youtube.com/watch?v=viNKRJuscaY
You Tube videos document a voting member of the Cohocton Planning Board, Steven Holley now employed by Mortonsen as the unlicensed grader and dump truck attempt to place huge rocks in the middle of Moore Road so that the flat bed tractor trailer could navigate out of its disabled location. Note that the Mortenson grader employee turns his equipment in the direct path of a local resident to prevent him from driving to his home.
The size of the rocks used by UPC pose a serious threat to any vehicle that uses Moore Road. The Town of Cohocton must bear the responsibility for rebuilding Moore Road to road standards that ensure public safety. Mortenson has no legal authority to destroy a public road in a feeble attempt to move a tower section on a construction vehicle that is in violation for using Moore Road in the first place.
A photo slide show is available to document several of the pictures in the video.
Pine Hill Road has also become virtually impassable. These dirt roads were never designed or built to withstand the continuous traffic of heavy construction equipment. Proper scale gravel should be used to replace the large rocks used by Mortenson on Moore Road and the road needs to be rebuilt by state approved or the Town of Cohocton, at the expense of UPC.
The Hall residence at 5029 Moore Road has no road access other than transgressing on the Town of Cohocton part of Moore Road. The Prattsburgh section of Moore and Wheaton Roads are also in serious disrepair because of the intentional disregard of continuous use of Moore Road.
Also the Atlanta fire department was not notified that Moore Road was impassable over the weekend. This failure is a gross dereliction of duty. The safety of the fire volunteers needs to be protected as well as the road risk of fire equipment using the unsafe roads must be corrected.
Moore Road needs to be rebuilt properly. In order to prevent even further damage, the Town of Cohocton and the County of Steuben needs to enforce banning construction vehicles from access on the dirt roads.
The Steuben County Highway Department also has a responsibility to guarantee a reasonable standard for public roads even if the primary responsibility rests with the Town of Cohocton.
LaBella Associates is also being put on notice that their contract to oversee construction of the UPC Project is totally inadequate. Their own conflict of interest, being the consultant to the Town of Cohocton and now the compliance agent for the project’s construction illustrates that there is no effective oversight going on. Construction is routinely conducted at night, on weekends and under the cloak of darkness. The legal consequences for LaBella should be obvious.
Cordially,
James Hall
5029 Moore Road
Cohocton, NY 14826
(585) 534-5581
cc: UPC/CPP
Labella Associates
Steuben County Legislature
Steuben County Highway Department
New York State Governor Paterson
New York State Senator Winner
New York Assemblyman Bacalles
New York State Attorney General Cuomo
New York State Department of Transportation
Atlanta Fire Department
Hornell Tribune
Corning Leader
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