www.fpvillage.org

By Phil Guarnieri

The latest MTA-LIRR landmine was unearthed when it was discovered that unbeknownst to those who live, work and serve in Floral Park that the MTA-LIRR has conducted several investigations on their property located on Plainfield Avenue that have uncovered mercury contamination in and around their substation. A limited mercury cleanup was conducted within and soil was removed. These interim measures reduced exposure to mercury but did not eliminate contamination from the site. The Floral Park substation is one of 17 substations in Queens, Nassau and Suffolk where contamination has been found.

These substations were built in the 1930s and until the 1980s they were domiciles for mercury rectifiers, devices used to supply LIRR locomotives and electric passenger fleet cars. It is believed that past work practices employed during the operation and maintenance of the mercury rectifiers have affected the site and the surrounding environment. The proposed action will investigate the surface soil, subsurface soil and groundwater contamination identified in the preliminary report. Once the investigations are complete, probably by late fall, the NYSDEC will determine if remediation of the sites is necessary. The work plan for the Floral Park substation will be available for review at the Floral Park Public Library.

Presently the investigation is being conducted under the aegis of the New York State Department of Environmental Conservation, in connection with the New York State Department of Health and the LIRR, owner of the property. We do not know the level of the mercury contamination. I have asked Deputy Mayor Kevin Greene to contact the DEC via their emergency hotline and we are now waiting for whatever additional information is available.

The news of this finding is particularly disturbing since it is the obligation of the MTA/LIRR to notify the community if there is a spillage of hazardous material. Neither the village government nor the Floral Park Fire Department was made aware of the problem. This past April our fire department fought a major fire on the railroad tracks contiguous to the contaminated property without any warning or knowledge they were doing so around mercury-laden land. This is the height of irresponsibility and callousness and our village demands - whatever the levels of contamination - a full investigation on the absence of notification.

This is just another example of the MTA/LIRR being a rotten neighbor. A preliminary study of this problem was actually done by the LIRR back in August of 1999, followed by an interim remedial study in April of 2000. So they've known about this problem for years. They knew about it when they made their presentation regarding the construction of the additional track at the Floral Terrace without leaking a single word of either mercury contamination or the possible remedial work that might have to be undertaken.

The day after the hearing in which Floral Park residents expressed their unequivocal opposition to the MTA mega-project to construct the 11.5 mile electrified track the MTA police, for the first time ever, were stopping motorists leaving Floral Park at the Covert Avenue grade crossing checking if seatbelts were being worn and writing out tickets. If the MTA police are so interested in the safety of the residents of Floral Park they would've been protecting us from the radioactive waste the LIRR, after their initial denials, recently admitted rumbles through our village along with the now publicized mercury contaminated soil in our community.

It is just another typical performance by the MTA/LIRR. For ages, this village has been pleading for the LIRR to clean their station here in Floral Park and Bellerose. At best, all we got was a perfunctory effort. Only the day before the MTA public hearings at the Floral Terrace were they out in force making an attempt to clean and disinfect the sewage that has accumulated there over the years. Do they think we're stupid?

This self-serving behavior continued to exhibit itself at the multiple hearings they conducted. The LIRR/MTA provided little in the way of background information or documentation on why the third track was needed. At those hearings it was incumbent upon the MTA/LIRR to explain this massive project in depth. Instead, they allowed the audience to ask literally hundreds of questions to their panel without providing a single answer. As a result, notwithstanding six public hearings, we are still in the dark on where the line expansion would ultimately be sited. How does this bizarre arrangement of permitting questions but forbidding answers promote understanding much less the public interest?

I'm not an engineer, but it seems likely that in order to build a new track property would need to be confiscated and homes that are now 30 feet or so from the actual tracks will be condemned. In Bellerose Village, on Superior Road most, if not all, the garages will have to be condemned. In Floral Park, our Recreation Center, Koenig's parking lot, the village recycling facility, John Lewis Child's teachers' parking lot, our residential area and some of our business properties will be significantly impacted.

The MTA has a peculiar way of doing business much less building trust with communities they, as public authorities, are pledged to serve. Without any plans to see or explanations to hear from the MTA/LIRR my views on projected takings are conjectural true, but it is difficult to visualize how else it can be done. If the MTA/LIRR had been more honest in the past, more cooperative regarding their responsibilities in cleaning up the stations at Floral Park and Bellerose, advised us about soil contamination, were truthful about the shipping of hazardous waste, was more frank and forthcoming about their plans about building this new track, we would feel more comfortable working with them. Unfortunately, when it comes to proving themselves to be a caring and responsible neighbor the MTA/LIRR never misses an opportunity to miss an opportunity.

The possibility of condemnation proceedings is especially worrisome. Always considered an extreme measure, takings will become a lot easier with the Supreme Court recently deciding in Kelo v. City of New London not to intervene to stop abusive land seizures by the government and hence public authorities. This means that a power that is supposed to be very rarely used, and only for the most necessary public uses, the power of eminent domain, has now become a roaring lion.

Moreover, these abusive takings often involve federal funds - your taxpayer dollars can be used to confiscate your property and your home. Frankly, I'm bewildered and beguiled by these court decisions: It protects all sorts of rights not mentioned in the Constitution while ignoring property rights that are. In light of these judicial usurpations, our salvation in our fight with the MTA does not lie with the courts.

Meanwhile, with recourse to the courts being a weak option, we continue to build support for C.A.R.E (Citizens Against Rail Expansion) by marshaling support from our elected representatives. New York State Senator Frank Padavan, representing Eastern Queens, accused of being supportive of our cause, has now been convicted. In a recent press release Senator Padavan stated he supports C.A.R.E. and its objectives. Welcome aboard senator.

Finally, I want to remind everyone that time is running short to express your views of the MTA/LIRR scoping document. The public record remains open only until Aug. 31. Your comments need not be all shiny and polished; they can be rough-hewn and raw as long as it expresses how you think and how you feel. As I mentioned previously, the most powerful and poignant declarations made at those MTA hearings came not from the public officials but from our own residents speaking directly from their heart.

One of the nice things about summer is it gives you a chance to walk around the neighborhood and when you do, you realize what a beautiful and charmingly quaint village we live in. It is something to be proud of - something to fight for. Now faced with this MTA mega-project we see how much is really at stake here and so we who have chosen to make our home here, to raise our families, to secure in our senior years a nest egg full of memories must ask ourselves that one question, the most important question of all, a question that people in every place and in every age must ask themselves: 'Who owns the future?'

I think our future is much too important to put in anyone's hands but our own. Our generation must determine for ourselves what our legacy will be. What will we bequeath to those who come after us? How will the ideals that we cherish about our community be sustained in the years to come? If we allow others to seize the flower of our village, the bloom will soon be gone. The only way to guard against such an eventuality is not just to have hope but a fighting faith, a belief that our future is not something to be awaited for but something to be achieved.

In that spirit let us set some time aside, pitch in and make your voice count by sending your comments to: Peter Palamaro, LIRR Public Affairs, Jamaica Station 1131, Jamaica, NY 11435.

Finally, I would like to inform you about some other news. Trustees Tom Tweedy and Jim Rhatigan and myself met with Chairman Frank Tauches and engineer Bob Schwarz at the Cisney Avenue water facility to see firsthand the operation and the source of the problem that resulted in our residents experiencing, not for the first time, brown water. The meeting was very informative and along with reviewing the technical aspects we discussed at length how to keep open lines of communication between village government and the water authority so that information on any water problems can be disseminated quickly and effectively to the general public. Further meetings and discussions are planned. I also want to congratulate the Floral Park Doodlebugs for taking third place in the Keith Fairben Memorial Old Fashioned Tournament in North Hempstead. Monies raised are used to fund and maintain an annual scholarship endowment for a Floral Park firefighter and emergency service training. The tournament is named for Keith Fairben who, without a doubt, was the most responsive and energetic emergency responder in memory. Keith was a hero of 9/11 who lost his life trying to save others. It is our hope that his exemplary service devoted to serving his neighbors in need will inspire others to also serve. There has never been a more needy time for EMS volunteers to join the Floral Park Rescue Company. There is no greater reward than the satisfaction you get in helping others who really need your help. For more information call the chief's office at 326-6327.