There wasn't a seat left in the house and a crowd of residents were left listening to the discussion inside the Board Room in Village Hall out in the hallway on March 18. Residents turned out en masse to hear a presentation by the Environmental Advisory Board's subcommittee S.A.F.E., which was given by Mike Merrick and to air their own fears about the possibility of freight trains running through the Village after the moratorium between the Village and NYAR (New York and Atlantic Railway), the private freight company leasing the rails from the LIRR, elapses at the end of this year on Dec. 31. The Village maintained that it is still enagaged in discussions with the LIRR and other political figures to work toward a resolution that would protect the Village after Dec. 31.

In the Feb. 25 issue of Garden City Life, a press release delivered by Sue Davis of the S.A.F.E. committee ran, which alerted residents to concerns held by members of the committee about the future of freight in the Village and encouraged residents to become involved in the issue. The release states that Garden City residents living near the LIRR Hempstead Branch Railroad Tracks were awakened on a Sunday morning at 3:45 a.m. to the sounds of a total of four LIRR freight trains making their way over the tracks that were once used only when the circus came to the Coliseum. According to witnesses, the trains appeared to consist of two diesel engines and several flat cars carrying metal containers and equipment.

Mike Merrick, chairman of S.A.F.E., was quoted in the release as expressing concern that these freight trains were "a small taste of what lies ahead for Garden City when the freight train moratorium expires on Dec. 31, just a little over ten months from now." He was also quoted as commenting, "Time is quickly running out and the new year could bring up to six 3,000-foot long New York and Atlantic Railway freight trains per night, according to a plan proposed by the LIRR in 1997."

The release also pointed to maintenance and construction freight trains on the Hempstead Branch, which while not in violation of the moratorium, have been a source of concern for residents in the east along the St. James Streets who see them as not only unsightly and a source of noise pollution, air pollution and safety hazards, but a sign that the LIRR is preparing the tracks for heavy freight use by NYAR after Dec. 31.

Concerns were also expressed that if the freight trains will carry New York City's garbage to the American Refuel incinerator on Stewart Avenue, east of the Village, as well as toxic ash from the plant to be buried in landfills elsewhere. Concern over this point began once New York City Mayor Giuliani and Governor Pataki announced plans to close Fresh Kills on Staten Island by 2001. Plans to burn the garbage at an incinerator to be built on the site of the former Brooklyn Navy Yard, were abandoned as a result of pressure from local residents and civic groups.

Governors in Virginia, Pennsylvania and Ohio, where NYC was looking to dump its garbage, have publicly opposed this proposal. New Jersey's Governor Whitman has stated her opposition to having garbage carted through New Jersey on its way to landfills in other states. Many Garden City residents see this as further signs that the garbage will be burned in Uniondale and shipped through Garden City and neighboring communities.

Merrick also noted in the release that, "The LIRR notified Village counsel just a few weeks ago that it has completed its analysis of Village concerns over freight trains and will be submitting the results of the study to the Village in a few weeks. When that happens, the Village has 20 days to respond -- not much time!" Residents were urged to contact their local representatives from the County up to Governor Pataki and demand that they fight to make the moratorium on freight permanent.

Since the release's appearance and subsequent S.A.F.E. meetings, residents notified one another about the presentation at the March 18 Board of Trustees' Meeting and turned out in numbers that are rarely seen in Village Hall. Merrick's presentation was similar to the release and called for the Village to work to oppose freight and the shipping of municipal solid waste and other toxic waste over rail lines through the Village. Residents were then afforded an opportunity to add to Merrick's comments.

Residents like Valerie Rothchild expressed their objections to the use of the rails for freight from a safety standpoint and stated that they believe this use would present safety hazards to the residents and would adversely impact the "character of the Village." Rothchild also spoke on behalf of the Garden City Hotel, asking the Village to continue its efforts with the LIRR and government officials and said that the Hotel would like to officially state its opposition to the use of the rails for freight, epxressing concern for the overall quality of the Village should freight be allowed to pass through the Village.

Many residents also expressed concerns not only for the use of the Hempstead Branch, but the Main Line, which currently sees freight traffic, but no municipal solid waste. Consumer goods and propane are transported through the Village on the Main Line and many residents stated formally and in conversations outside the meeting that this freight traffic is alarming enough and would like to see something done to curb it. Residents also raised concerns over the Negative Impact Statement which had been issued by the LIRR. The document stated intentions to use the Intermodal facility just east of the Village of Garden City and to transport municipal solid waste along the lines. The cars on the trains would be removed directly and hooked up to trucks which would transport the garbage to the incinerator in Uniondale. Despite the fact that Village Counsel Fishberg stated that this document is "out the window" and "no longer valid," many residents stated that they saw this as a definitive statement of NYAR's intentions and that NYAR will attempt to make these proposals a reality as of Dec. 31.

Some residents seemed unclear about the issue of authority of the rails. The Village of Garden City has no jurisdiction over the rails, whether or not they pass through the Village. NYAR had stated in previous interviews with Garden City Life that they signed the moratorium agreement essentially out of a desire to maintain good relations with the local authorities and the residents in the community, but were under no actual legal obligation to do so and could be shipping freight of any kind along all of the rails now if they had chosen not to sign. Historically, rail company's have maintained an autonomy which has allowed them to override the demands of local governments and operate how they choose despite the concerns of the public.

Outgoing Mayor Tauches stated that the Village is "ready to fight" and take on the railroad if necessary, but acknowleged the difficulty in so doing and the Village's hope to work with the LIRR and NYAR. Fishberg commented that if the Village had pursued an Article 78 action as some residents like Sue Gordon mentioned during the meeting, they would have only at best been given a new Environmental Review, which would in itself stop nothing. Fishberg stated that by working with the LIRR and NYAR, as well as political figures like NY State Senator Kemp Hannon, Nassau County Executive Thomas Gulotta, and Governor George Pataki, the Village was able to "get a better result than if we'd won an Article 78, because we negotiated a moratorium."

Sue Gordon rose during the meeting and suggested that perhaps this issue was beyond the Village's abilities and questioned, "Is this something a volunteer government can really handle?" Tauches balked at the suggestion and noted that while the Board consists of volunteers from the community, Counsel Fishberg is engaged professionally to consult on legal matters for the Village and is certainly not a volunteer. He added that they have worked diligently in the matter and have continued to communicate with representatives in state and local government.

Assemblywoman Maureen O'Connell rose and stated, "Senator Hannon and I are working together on this issue. We pledge you our support." Reference was made to a letter co-signed by Senator Hannon and Assemblywoman O'Connell that was sent to the Village officials. The letter reads thanks the Village for its expressions of concern about recent activities on the freight spur and assures that the moratorium is still in effect until Dec. 31.

The letter also states, "There has been no interest by the City of New York or any other parties in the resource recovery plant (American RefFuel) located on Stewart Avenue)." It also notes, "The LIRR has further ensured no commercial freight to Mitchel Field by keeping control of the track which runs along St. James Street and Commercial Avenue in the hands of the LIRR, thus ensuring eben more strongly the State's control over this spur."

The letter concludes, "We have no reason to believe the LIRR would not uphold the moratorium, and we will continue to at very least extend the moratorium when the LIRR's capital funding comes up for renewal." Many residents stated after the meeting that their fears were little eased by this statement as the moratorium ends in nine months and while the State has some control over the LIRR, NYAR has indicated that they have a lease agreement and are not obligated to agree not to ship freight along the lines.

Mayor Elect Hal Hecken stated that as of April 5 outgoing Mayor Tauches will be appointed to spearhead efforts on the freight issue and the Village will continue to pursue the issue. Residents concerned about the issue who wish to get involved are invited to attend the next S.A.F.E. meeting in Village Hall (351 Stewart Avenue) scheduled for Wednesday, March 31 at 8 p.m. Anyone who attended the March 9 meeting and took a petition form is asked to bring the signed form to the March 31 meeting or drop it off at Village Hall. Additional petitions and sample letters to elected officials are available at Village Hall and may be picked up at the time of the S.A.F.E. meeting.