Chemical Spraying, RTA & St. James
On Wednesday, September 9, 2009 the first Council meeting after the summer recess took place in the City Hall Auditorium, which was packed with people, some finding extra chairs or just standing around the perimeter. Council President Michael Dever called the meeting to order at 7:31 P.M. Mayor Edward Fitzgerald presented the first two topics, which were a resolution to support the parishioners of St. James Parish in their fight to keep their church open and an ordinance to strengthen the City’s historic preservation legislation. This new legislation would allow the City to designate certain properties as landmarks. Furthermore, any of these properties protected by this designation would not only be protected from destruction, but it would also protect their interiors, requiring them to stay intact. This legislation is important because, if passed, it would prevent the Vatican from stripping the beautiful treasures from inside St. James if the parishioners loose their appeal. Much of the church membership was present to show their support and appreciation to the City and the Mayor. After a long discussion, the Council passed the resolution and referred the ordinance to committee. Then much of the room cleared before the meeting could continue.
Chair of the Finance Committee, Councilman Mike Summers (Ward III), gave his report regarding the State’s audit of Lakewood’s 2008 finances. The State Auditor certified that the City’s financial statements are presented fairly and are in conformity with generally accepted accounting principles. The audit cost $47,778 dollars. Summers continued, indicating that after this year it is unclear as to whether or not the State will be able to perform an audit for Lakewood due to more pressing assignments in the region. He closed his remarks congratulating Finance Director Jennifer Pae and her staff, as well as reminding council of the difficult process they have ahead of them during the 2010 budget process.
Councilwoamn Nickie Antonio (At-Large) spoke on the behalf of the merchants in the Madison Avenue Merchants Association (MAMA) in regards to their interest in putting up shingle signs. Shingle signs are signs that hang down over the sidewalk in front of a business, much like the one in front of Bela Dubby (or an old western saloon). MAMA merchants believe these signs would increase the visibility and asthetics of their businesses. However, businesses looking to put up one of these signs have experienced difficulties working with some of the City’s departments. Because of this, Antonio is asking that the code regulating these signs be changed to make it easier for businesses to attain these signs, and actually encourage them to do so.
Antonio then communicated the concerns of several citizens about chemical spraying that is being done along the railroad tracks. There is great concern since no one seems to know what the chemicals are and what, if any, side affects they may cause. Many people wished they had been notification before the spraying, so they could have at least closed their windows. No such warning was given to the City or the residents. Some of the chemicals have spread to the nearby property of homeowners. Antonio mentioned yards where half of the grass was dead- the half on the side of the tracks. She also mentioned that many of these homes have gardens adjacent to the railroad property growing plants families plan to consume. Antonio asked the City to contact Norfolk Southern, find out what these chemicals are, look into the chemicals to see if they have any negative effects, and to ask them to give warning anytime they plan to spray.
Present at the meeting to speak about her concerns with the railroad chemical spraying was Cook Avenue resident Alice Bocchicchio. She discussed that there have always been workers along the tracks, but last year was the first time they used chemicals. She has spoken with the workers on a few occasions to ask them not to spray by her yard because she has a National Wildlife Certified Garden. She said they have always been polite and follow her request not to spray by her yard. This year she asked them what they were spraying and they told her Glyphosate and 2,4-D. According to her research Glyphosate is the chemical used in the product RoundUp and is connected to respiratory problems. As for 2,4-D her research from Cornell University and the EPA sates that it could cause some birth defects if the mother is exposed during pregnancy and that it has negative effects to several animals including birds, fish, and impairs reproduction in honeybees. She also read a report from Colorado State on 2,4-D discussing the effect of the chemical carried to plants by wind drift, not direct contact. According to this report some plants exposed to the chemical might survive and bare fruit, but any produce from these plants should not be eaten. She closed her statement saying that originally she was okay with them just not spraying her yard, but now she does not want them spraying anywhere in the City.
The Council referred Antonio’s statement to Health and Human Service Committee to be considered.
Councilman Kevin Butler (Ward I) presented an amendment to the ordinance passed last year banning dogs designated as pit bulls from the City limits. According to Butler over the last year there have been several cases of law-abiding citizens who did not know about the new law, having to remove their dog from the City because they did not register them by the December deadline. The Mayor’s assistant Andrea Rocco brought this problem to the attention of the Animal Safety and Welfare Advisory Board, on which Butler serves, after the large amount of appeals she received from citizens unaware of the new law. After much discussion, the Board decided that the law should be amended to allow a 30 day period for anyone who did not know about the law to come into complete compliance, if they can prove that their dog lived in the City before they law was passed. This change would save the City a lot of headaches as well as offer good citizens a chance to comply with the new law when informed. After a strongly positioned discussion, and with the Mayor’s support, the ordinance was passed without the votes of councilmen Powers or Bullock.
Taking a break from the docket, Councilman Dever allowed the Mayor to give an update on the RTA situation. After going to court, where the Mayor himself presented the City’s case against RTA, the judge required RTA to supply all the documents requested. Piles of documents have been delivered to the City. The Mayor says, “Every time they say they have fully complied they give us another set of records.” The Mayor invites anyone who is interested in looking through the information to call City Hall. Likewise, he says he is open to any ideas from the public regarding this issue. He said the City will not file a lawsuit against RTA regarding its service since no court can require a business not to cut a service. He continued, saying that RTA has offer a one day a week “shopper service” for any community who will contribute $50,000 dollars. The Mayor will not settle for this, but is willing to sit down with Joe Calebrese, RTA General Manager, to discuss the plan.
Although the Mayor is not giving up on RTA delivering this service, he and Representative Dennis Kucinich have also looked into other options. There is the possibility of Lakewood running its own circulator. Estimates suggest this could be done for between $320-380 thousand a year. Kucinich has asked both the Federal Department of Transportation and the Federal Transit Authority to look into supplying funds to the City to provide this service.
A few members from the group Riders to Save the Lakewood Circulator spoke at the meeting. Unfortunately, many of them had to leave before they were given their chance, because the last Circulator passed by City Hall just after 9 and the topic was not reached until about 9:30.
Getting back to the docket, Mayor Fitzgerald asked Council to allow the City to enter into an agreement with the West Shore Council of Governments (WCOG) and Emergency Services Consulting International. This partnership would allow consulting services to be done to see if the cities involved in the WCOG could benefit from a cooperative agreement and consolidation of fire services, and if so in what ways. The Mayor clarified that this was only a study to see if the City could benefit from consolidating. The consolidation could range just from sharing vehicles to a full-scale consolidation of all the fire departments. He continued, saying, “If it doesn’t make sense for the city, then we won't do it. If the people don’t want it, then we won't do it.” The cost of the study will be mostly paid for in grants and what is not will be divided between the seven cities in the WCOG. Lakewood’s portion will be covered by a reserve it holds with WCOG. The Council voted on the resolution, passing it on its first reading.
Planning and Development Director Nathan Kelly asked Council to consider making a loan to the owners of the Bailey Building on the southeast corner of Warren and Detroit for the purpose of restoring the building to its historic architecture. The building was built in 1935, but currently has a pre-cast concrete overlay on the façade. The department of Planning and Development would like to work with the buildings owners to restore the building by offering a loan to do so. The Council seemed interested in the idea and referred it to the Committee of the Whole for further discussion.
Director Kelly continued with another request, asking Council to consider approving the acquisition of the building at 2070 Dowd Street. The building has been on the market for several years now and the City had been pursuing it, but only recently has the other party agreed to hand it off for free. The City has looked at several options for the site, and although the building is in great disrepair, the City would still like to look at the possibility of saving it. The Council received his statement and referred it to the Housing Department.
After a long, three hour meeting, it finally came to an end at 10:20.