The City Council is intensifying its scrutiny of a long-standing industrial facility on Garden Street, facing what City Manager Tom Abbate described as a persistent “cycle of inspections, corrective action, pass, fail” regarding code compliance, primarily related to dust and runoff.

The facility, Kennedy Concrete, which is a heavy industrial use in an intensely zoned district and has been “grandfathered” at its location for a very long time, must still operate according to all regulations, including erosion control.

Pattern of Non-Compliance Prompts Legal Review
City officials noted that the facility has demonstrated an inconsistent record of compliance. According to a report shared by the City Manager, after receiving a complaint and a visit from code enforcement, the plant manager would institute corrective actions, such as “watering down to prevent dust run off,” which would bring them into compliance temporarily. However, the facility would “fall out of compliance” shortly after, leading to additional complaints and perpetuating the cycle.

“Right now it’s simply not working, just going out there every other week with code enforcement,” stated City Manager Abbate, emphasizing the need for stronger, more concrete corrective plans. While the case remains open and no fines have been levied yet, the City Manager indicated that fines are likely the “next stage”.

Seeking Powerful Legal Remedies
Council members voiced a strong desire to explore more forceful options to ensure long-term compliance.

• Legal Scrutiny: Councilmember Sarah Stoeckel specifically asked to look into the “legal ramifications” and course of action available to the City to move forward.
• City Attorney Response: The City Attorney confirmed a meeting is scheduled with the Code Enforcement Manager to review the current city code, discuss potential amendments, and explore “other legal remedies” beyond the code. These remedies could include an injunction or a declaratory action.
• Fines and Attention: Vice Mayor Herman Cole expressed strong support for leveraging financial penalties to gain the facility’s attention. “I would feel very strongly that if we got a large enough fine on them… I think that we may get their attention, because it’s obvious that we’re not getting their attention now”.

Questions on Operations and Environmental Control
Vice Mayor Cole also raised questions about whether the facility’s operations have changed or if its current protections are failing, particularly regarding runoff control.

• Wash-Down Systems: Public Works Director Kevin Cook stated that the facility should have systems in place to wash vehicles before they leave the property to prevent material from coming off onto the street.
• Holding Ponds: Vice Mayor Cole inquired if the facility has a holding pond for truck wash-off to prevent runoff from entering the water, noting that complaints about dust have recently surfaced despite the business’s long history.

The City Attorney concluded by assuring the Council that the report detailing the six-plus months of inconsistent efforts is “very detailed” and all legal options, which may include injunctions or other legal actions, will be presented to the Council in the future for a directive.