Can Ulster County Commissioners run for Party Chair?

By Rebecca Martin

In early March of 2020, we sought out Ashley Dittus, Democratic Commissioner at Ulster County Board of Elections and Roger Rascoe, Chair of the Ulster County Republican Committee, to ask a series of questions regarding the process of running for chair of the Ulster County Democratic and Republican parties. 

This was of particular interest after learning back then that Ashley planned to run for the Democratic county chair seat while holding the position of Commissioner for the Board of Elections. It struck me as being potentially riddled with conflicts.

Now in September and with the upcoming county party leadership organizational meetings, a conflict emerged between the old and the new.  Larissa Shaughnessy, chair of the Ulster County Young Democrats, put out a public statement, “…a spreadsheet document owned by Ashley (Dittus) was shared with our sitting Congressmember’s campaign staff and labels several Young Democrat members whom she suspects of not supporting her candidacy for Chair with the comments “kill” and “maim”.

Following the discovery, Ashley was asked by many influential party members to step down from her bid to lead the Ulster County Democratic party and instead, to continue to focus her efforts as Commissioner for the Board of Elections.

In a letter written by Pat Courtney Strong, a member of the County Democratic Committee who has run for both State Senate (2018) and Ulster County Executive (2019), she outlined many shared concerns. 

“When I ran for the State Senate in 2018, I had the opportunity to meet many terrific, hard-working Democrats from the five-county area that comprises the 46th Senate District…In one of the counties, the Democratic Elections Commissioner was also the Democratic Party chairperson….it was not a good situation—both in “optics” and reality. It makes the party leadership appear to be a small, insular group that doesn’t welcome new voices. And it was plain to see that there is an inherent conflict in one person holding the two positions. It means that this individual has the responsibility of recruiting candidates—encouraging people she/he believes can win—as well as disseminating information to all candidates in a fair manner. It means that, as a county employee, the commissioner presents a budget to the county legislature—and then holds influence over those same people as party chair when they are candidates. These are just two of many conflicts that can arise…”

On Thursday of last week, Ashley withdrew from the race.

Read more…

The Need for Charter Reform Becomes Obvious and Urgent

Editorial Board

In a surprise February 3 press release, Mayor Steve Noble announced a major proposal to restructure the Departments of Public Works (DPW) and Parks & Recreation, which would greatly expand the current role of the Superintendent of DPW to oversee both departments. The Mayor’s proposal also creates a new Deputy position who would oversee several divisions, including parks maintenance, recreation programming, environmental education programs, along with sanitation. He even had a person ready to provisionally fill this new position immediately: his wife, Julie Noble, who is currently a city environmental education and sustainability coordinator.

Not surprisingly,  his proposal has not been received well. There have been cries of nepotism and ethics charges have been filed. Members of the Common Council, who had little or no warning of this proposal before it was announced to the public, have expressed unusual hesitation. However, there may be a silver lining in this mess.

READ: Kingstoncitizens.org’s “City Government is not a Mayor’s Oyster: The Restructuring of DPW, Parks & Recreation and Nepotism”

Kingston’s city charter in its current form gives the Mayor considerable power. He alone appoints all commissions and boards. He hires and fires officials, not all of whom have the credentials necessary for the particular role. The silver lining? His egregious heavy-handedness has a lot of people talking about the need for charter reform. The Mayor himself has supported charter reform in the past, and at the Common Council’s Laws & Rules Committee on February 19,  he admitted that the charter was outdated and expressed his desire to work in partnership with the Council to update it in a comprehensive manner.   

VIDEO of Laws and Rules Committee meeting on February 19, 2020. 

Why charter reform now?

According to the New York Department of State’s ‘Revising City Charters In New York State’ technical series, a city charter, …is the basic document that defines the organization, powers, functions and essential procedures of the city government. It is comparable to the State Constitution and to the Constitution of the United States. The charter is, therefore, the most important single law of any city.”

Those who have followed KingstonCitizens.org know that for the last decade, reforming Kingston’s charter has been a major goal of ours.  That’s because in 1993, after many years of hard work by citizens with support from folks like the local Chamber of Commerce and League of Women Voters, there was a referendum to change Kingston’s form of government to a City Manager form.  It passed overwhelmingly. However, Kingston’s newly elected and popular Mayor, T.R. Gallo (who had also served briefly on the charter commission but stopped showing up some say in protest of the City Manager discussion) was unhappy with the new charter as it would diminish the powers of his office.  Swiftly, Gallo put together his own charter commission only a few months into the new charter’s passage. As Tom Benton describes it in his commentary “How Kingston got its ‘strong mayor’” in the Kingston Times, “As for the proposal itself, it was rather ingeniously constructed by taking the newly adopted charter and merely replacing the words “city manager” with “mayor” throughout. There were some other modifications, of course,  but that was the essence of it. And here was the effect: Under the adopted charter, the city manager was given very broad and powerful executive authority, the governmental check on that authority being control and supervision by the Common Council. Under the new proposal, an elected mayor would have the same broad authority, but would be entirely free from any such control or supervision by the council. Strong mayor, indeed!”   Kingston voters approved a “strong mayor” form of government by a narrow margin.  “…The city manager charter adopted a year earlier was consigned to history without ever having been tried and the era of the strong mayor was ushered in.”      This is the reason why—by design and by accident—Kingston’s executive branch has the power that it has without sufficient checks and balances.  

Charter reform introduced by Kingston Common Council in 2019.

As recently as  June 2019, Ward 9 Councilmember Andrea Shaut—who now serves as the Council President—introduced the subject of charter reform to the Laws & Rules Committee, which she then chaired. It was her desire that there be a collective effort to educate themselves and the community about the value of revising the charter to reflect the current needs of Kingston. 

While it was a welcome first step, her Council colleagues did not see a pressing need for action and the effort did not advance.  We are optimistic that its time has arrived.

READ: KingstonCitizens.org, “Education is Key. Common Council Takes Up Charter Revision Discussion”

Next steps

There are a host of reasons, all simple and sensible, why we have always thought that Kingston should return to a City Manager form of government.  Because it is unconstitutional to require that candidates for Mayor to have certain qualifications to hold the office beyond being a U.S. citizen and above a certain age,  our local government is led by individuals who learn on the job (hopefully) and who can restructure the administration to suit their agenda and biases. With a City Manager or administrator form of government, there are still officials popularly elected to represent the community.  The advantage of having a City Manager is that they have skills and experience specific to government administration. If they do well in their position, they can remain no matter who is elected. The same would be true for any department head.  

As practical-sounding as our opinion may be, it’s only one in a city of 24,000 people. To change the form of government is serious business. It has to be a community-based conversation guided by an unbiased facilitator. The product of this effort would be a revised charter for voters to adopt by referendum.  

We appreciate the Mayor and Council members’ support of charter reform. If they are at all serious about it, then we believe that the Mayor’s proposal to merge departments should be thrown out. An acting Superintendent of Parks & Recreation can be appointed and they can spend the next few months working with the Superintendent of the Department of Public Works to identify any tasks under Parks & Recreation that are better suited for DPW. Together, they can submit a list of recommendations to the Mayor for his consideration. 

It’s been 25 years since our city charter was last examined in a comprehensive manner. It is the responsibility of the community at large to insist that it happens. The time has never been more right.

KingstonCitizens.org Challenges Kingstonian Applicant’s Zoning Interpretation and Citizen Action of New York Submits FOIL Request to City of Kingston

City of Kingston Zoning Map. The boundaries of the Uptown MUOD mirror those of the Stockade Historic District shown in gray.

By Rebecca Martin

For months, many concerned citizens have asked the City of Kingston to provide its interpretation of the Mixed Use Overlay District—an overlay that adds a 20% affordable housing requirement to any adaptive reuse project with five or more residential units—as it relates to the Kingstonian project, a new construction that does not include affordable housing. This interpretation should have been provided to the applicant in writing prior to the start of the State Environmental Quality Review (SEQR) process.

Presumably, it should be easy enough for the City to upload this existing document to the Planning Office’s project page for the Kingstonian. If not, then the public can FOIL (Freedom of Information Law) it. If such a document does not exist, then the City ought to provide an explanation about how it assists applicants with complicated zoning interpretations.

On August 16th, in a letter oddly addressed to just three private citizens, the City of Kingston Corporation Counsel’s office outlined its process for the current Zoning Officer to issue a formal interpretation of the “relevant sections of the Code.” The letter states that any additional submissions or written arguments regarding the proper interpretation may be sent to the Zoning Enforcement Officer on or before the close of business on August 30th. 



Click on image to read the Corporation Council’s formal zoning interpretation process letter for the MUOD and the Kingstonian Project.

On August 28th, the attorney representing the Kingstonian applicant, Michael Moriello, submitted his written interpretation of the MUOD, concluding that “…there has been no waiver or violation of any zoning law 20% affordable housing requirement with respect to issuance of a Special Use Permit, as affordable housing guidelines do not apply to new construction within the Mixed Use Overlay District under the City of Kingston Zoning Law.”      


Click on image to read the Kingstonian applicant’s interpretation of the MUOD as it pertains to the Kingstonian Project.

On August 30th, the City forwarded that interpretation via email to the same three citizens with the instruction that “…written responses to the arguments submitted will be accepted for a period of one additional week.” That deadline is today, September 9th. 

So today, KingstonCitizens.org, assisted by attorney and counselor at law Emily B. Svenson, submitted a letter to the City of Kingston’s Zoning Officer rebutting the applicant’s attorney’s interpretation.  


Click on image to read KingstonCitizens.org and attorney Emily B. Svenson’s letter to the City of Kingston’s Zoning Officer rebutting the applicant’s attorney’s interpretation

What follows is a condensed version of our letter:

“KingstonCitizens.org is a non-partisan, grassroots, volunteer organization. Its purpose in commenting is to advocate for fair and proper application of the City’s zoning code, in accordance with the group’s ongoing advocacy for equitable housing, historic preservation, and environmental protection to benefit the Kingston community. Particularly for a project that is receiving significant public funding, it is vital to ensure that the project truly benefits the community.”

“In response to the applicant’s recent submittal, we respectfully ask that you expand your interpretation to determine whether the code authorizes new construction of residential uses at the proposed Kingstonian location. As this letter will show, it does not.”

“The applicant’s strenuous argument that the provisions of the MUOD do not apply to the Kingstonian raises an important question: Does the MUOD support the project at all?”

“The only authorization within the MUOD to establish a residential use is by converting an existing structure into apartments or live/work spaces. As the applicant agrees, that type of adaptive reuse would be subject to affordable housing requirements.”

“If the City of Kingston Common Council had intended for the MUOD to allow construction of new housing complexes, it would have written that into the overlay district. It did not. The Council was clearly attempting to facilitate the adaptive reuse of outdated buildings, while ensuring the resulting apartments would include affordable units. It defies logic to posit that the Council intended to simultaneously allow new construction of apartments without affordable units. Indeed, nothing in the code authorizes that use.”

“Because there is no authorization within the zoning code for new construction of housing at this location, we ask that you issue a determination that the project does not conform to the zoning code. The applicant would have multiple options to proceed, including pursuing a use variance or zoning change, or modifying the project to conform to the code.”

Citizen Action of New York submits FOIL to City of Kingston 

Meanwhile, on September 6th, Citizen Action of New York submitted a FOIL request to the City of Kingston for all communications between  the applicable City staff identified in the Kingstonian applicant’s Environmental Assessment Form and Addendum letter: 

“…copies of all records and documented communications, including written correspondence and emails between former City of Kingston Building and Safety Division Deputy Chief Tom Tiano, City of Kingston Fire Department Fire Chief Mark Brown, Kingston Planning Director Suzanne Cahill, City of Kingston assistant planner Kyla Haber and the Kingstonian applicant and development team from January 1, 2018 – May 1, 2019.”

Citizen Action also requested a 45-day extension of the review process for the Kingstonian applicant’s zoning amendment application in order to give the organization time to review the forthcoming information provided by the City. These communications may shed light on any discussions that the City had with the applicant regarding the interpretation of the zoning for the Kingstonian project site prior to the commencement of the project’s SEQR process.

Click on image to read Citizen Action of New York’s FOIL request to the City of Kingston and 45-day process extension.

What’s next?

On Wednesday September 11th, the Planning Board will convene for a special meeting to discuss the studies and comments it has received in relation to the Kingstonian project’s potential environmental impact. While it is unlikely that the Board will issue its SEQR determination at this meeting, the discussion should shed some light on the viewpoints of the individual members.  

VIEW Facebook event

Zoning, the Mixed Use Overlay District, Comprehensive Plans and the Kingstonian Project

A comprehensive plan is a powerful document in New York State that creates a framework for making important decisions while guiding growth and development. Kingston’s own plan, adopted by the Common Council in April 2016, quite forcefully calls for an affordable housing requirement in new developments:

“Strategy 1.1.2: Require affordable housing for any new or expanded residential building or development project.  The City should consider expanding the number of projects that must provide a ‘fair share’ of affordable housing. Currently, affordable housing is only required for projects taking advantage of the mixed-use overlay district provisions.” (p. 21, Kingston 2025)

The City of Kingston continued to promote that goal in its 2017 Downtown Revitalization Initiative (DRI) application in which the Kingstonian Project was proposed:

“Housing development in the Stockade Business District (SBD) has been limited, and a significant percentage of renters in the SBD and surrounding area are cost burdened, spending more than 30% of their incomes on housing costs.”  (Executive Summary of the City of Kingston’s 2017 DRI application).

However, in February of 2019, the developers of the Kingstonian Project submitted an application that includes 129 market-rate residential units in the Stockade District. The mandate for affordable housing that is outlined in Kingston’s Comprehensive Plan seems to be ignored with this substantial project.

Read more…

Brooklyn Real Estate Management Company Negatively Impacts Quality of Life in Ulster County.

 

Last evening, we attended the Sunset Gardens Tenant Association meeting at the Town of Ulster’s Senior Center.  One after another, tenants of apartment complexes in the Towns of Ulster and Esopus spoke of the shocking disrepair, unsafe conditions and treatment of those living at Sunset Gardens (ToU), Lakeshore Villas (ToE) and Black Creek Road (ToE).  Special thanks to Laura Hartmann and all of the citizens from Sunset Gardens who had the courage to organize.

The culprit – E & M Management – the real estate investment and management company based in Brooklyn, NY is mostly new to the area, gobbling up apartment complexes that include “68 apartments across from the Rondout Creek” in downtown Kingston and a vacant parcel near the Maritime Museum to build the “Kingston Waterfront Plaza”, a mixed-use project.  There is speculation that they are looking at Dutch Village, too – in uptown Kingston.

Although the planning process in Kingston is complete for their new build downtown – with a negative declaration in SEQR which is absolutely unbelievable – we are continuing our efforts to advocate for an improved development process for our planning department and planning board. We will keep a close eye on this company and work with our neighbors to assure that if E & M and all of their LLC partners want to come to our community, it is not on their terms.

Thanks to Clark Richters of The Kingston News for filming the event, brought to you by KingstonCitizens.org.

 

The Irish Cultural Center Gets a Pass to Move on to Site Plan Review

 

 

Click on the image of the map provided in the ICC’s FEAF regarding their parking waiver request.

CITIZEN CALL TO ACTION

Attend the Planning Board’s public hearing and speak to the ICC’s Site Plans and Parking Waiver.

WHEN:
Monday, April 16th, 2018
6:00pm

WHERE:
City Hall Council Chambers, 420 Broadway in Kingston

VIEW
The ICC Site Plan from March of 2018

 

by Hillary Harvey

On March 8, 2018, the Irish Cultural Center of the Hudson Valley (ICC) got a pass from the City of Kingston’s Zoning Board of Appeals to move on to the Planning Board’s Site Plan Review when it overturned another City Commission’s decision.

BACKGROUND

In what appears to be the City of Kingston’s first-ever appeal of a Historic Landmarks Preservation Commission (HLPC) decision, the ICC appealed the September 25th, 2017, decision by the HLPC to deny the application a preservation notice of action, the approval necessary for the application to obtain a building permit from Kingston Building and Safety.  HLPC commissioners cited concerns

HLPC commissioners cited concerns with:

  • the width of the building
  • the proposal’s harmony with existing buildings and the desired character of the neighborhood
  • relation of the proposed building to neighboring buildings surrounding it
  • and proportion (how it fits in overall with the district)

The Zoning Board of Appeals heard evidence on the appeal and decided that the HLPC had approved the application in the past. They rendered their decision to overturn the HLPC’s decision and issue the preservation notice of action itself on March 8, 2018..

We looked for another instance where an HLPC decision was appealed to the Zoning Board of Appeals in the City of Kingston but weren’t able to find any evidence of one.  The City’s Corporation Counsel together with the ICC’s lawyer determined that next step in an appeals process from their interpretation of the City’s Zoning Law for the HLPC:

§ 405-69 Appeals. 

Any person aggrieved by an action of the Commission in disapproving or limiting a preservation notice of action application and the Zoning Board’s support of such Commission action may bring a proceeding to review in a manner provided by Article 78 of the Civil Practice Law and Rules in a court of record on the ground that such decisions are illegal, in whole or in part.

What Are the Next Steps in the Process for the Public

On March 19th, 2018, the ICC returned to the City of Kingston’s Planning Board for Site Plan Review and a Parking Waiver request.  The Planning Board decided at that meeting to schedule a public hearing on those two elements of the application to be held on Monday, April 16th. 

The Site Plan has been updated to address some of the comments from the HLPC. The ICC is required by the City to provide 55 parking spaces, based upon calculations of the square footage of the building.  The ICC is offering to provide 8 parking spaces in a private parking lot next to the proposed building.  They are requesting a Parking Waiver for the remaining 47 spaces based on the availability of municipal and street parking within 400 feet of the ICC property.

Call to Action

Citizens are invited to attend the Planning Board’s public hearing and speak to the ICC’s Site Plans and Parking Waiver on Monday, April 16th, 2018, beginning at 6:00 pm. Kingston City Hall is located at 420 Broadway in Kingston.

Talking Points

PARKING:

*The ICC would be but one element of commercial activity in the Rondout.  Nearby restaurants, museums, and waterfront attractions already compete for parking.  The ICC’s proposed uses and inability to provide sufficient parking for itself would increase stress on other local businesses and Rondout economic development.

*The Rondout neighborhood is a deeply residential neighborhood where the majority of housing does not have driveways and residents rely upon street and municipal parking, particularly in the event of snow emergency parking restrictions.  The ICC would greatly increase stress on residents in relying heavily on municipal and street parking by preventing them from finding parking near their homes.

*The ICC’s proposal to use municipal lots for their parking needs would take away from mandated public access to the Marina and other water-based activities as outlined in the LWRP.

SAFETY (We don’t want the construction site to become an attractive nuisance.):

* The construction site needs to be secured with sturdy fencing or security guard every day.

ACCESS:

* Any closure of Company Hill Path will affect business and restrict public access to a National Register of Historic Places site.

LOGISTICS:

* What kind of funding do they have to complete the construction in a timely manner?
* What is their timeframe for construction?  What happens if they don’t meet the timeframe?

REQUEST:

  1. Don’t make a decision on the application on the same night as the public hearing.  The Planning Board members need time to digest the information submitted at the public hearing and in some cases, may need to conduct further research.  A vote that evening would appear to be a rush to approve the project.
  2. Deny the parking waiver.
  3. If site plan approval is granted, it should be contingent upon:
    1. No banquet hall use allowed, as the ICC promised.
    2. No noise permits granted and no outside speakers.
    3. No uses not fully enclosed in a structure allowed.
    4. Additional changes to the exterior should be reviewed by the HLPC.
    5. Only upon satisfactory answers to safety, access, and funding questions above.


Hillary Harvey is a journalist, and a zoning code activist, working for transparency and responsible development that considers the welfare of residents and small businesses. Together with her neighbors, she runs Grow the R-T Responsibly , a neighborhood collective dedicated to that cause.  A yogi and devoted traveler, she lives in an old house in Kingston’s historic Rondout district with her college sweetheart and their three muses.

KingstonCitizens.org’s Early Years. It All Began With a Ward Group.

By Rebecca Martin

While cleaning out boxes of old materials, I came across three of the original “Ward 9 Community Group” newsletters from back in 2007.  We’ve been at this a long time.  The Ward 9 Community Group was the effort that ultimately established KingstonCitizens.org as it is known today.

Enjoy these.

 

June 21st, 2007 (Click on image for full newsletter)

Our monthly educational forum featured former Mayor James Sottile and GAR Associates to discuss the revaluation process in Kingston.   The outcome, some residents saw their taxes double within a years time.

Minutes from a prior month’s educational forum on Sex offenders and current County Laws with former legislators Frank Dart and Jeannette Provenzano as well as DA Don Williams and more.

July 19th, 2007  (Click on image for full newsletter)

Our monthly educational forum featured the historian Lowell Thing to discuss how to care and repair your historic Bluestone Sidewalk.

Minutes from a prior month’s educational forum on GAR Associates and Former Mayor James Sottile to explain the revaluation process, and more.

August 16th, 2007  (Click on image for full newsletter)

Our monthly educational forum featured then Director of SUNY Ulster Retired and Senior Volunteer Program “Volunteering in your community: citizenship can make a difference!”   The following month, we hosted the first educational forum on updating the City of Kingston Comprehensive Plan with Jennifer Schwartz Berky, Suzanne Cahill and Dennis Doyle.  There were over 100 citizens in attendance!

Minutes from a prior month’s educational forum on caring for your Bluestone Sidewalks with Lowell Thing, and more.

 

WHAT TO EXPECT: Public Comment Brainstorming Session on Sunday, March 4th from 10am – 5pm and a Question About Eminent Domain.

WHAT TO EXPECT

VISIT: Our Facebook Event Page

On Sunday, March 4th, a Public Comment Brainstorming Session will occur at the Town of Ulster Senior Center located at 1 Town Hall Drive in Lake Katrine, NY (adjacent to the Town of Ulster Town Hall).

Citizens will have the opportunity to work together with experts to draft strong comments of concern for study as it pertains to the Lincoln Park Grid Support Center, a gas-fired power plant being proposed in the Town of Ulster.  Participants will work with a projected Google Doc. The afternoon will be facilitated by Rebecca Martin (KingstonCitizens.org), Laura Hartman and Regis Obijiski (TownOfUlsterCitizens.org).  Please bring your computer and any materials you wish to share with others.

As this is a ‘potluck’ affair, citizens are invited to bring a dish to share.  Food will be organized and served throughout the day thanks to Vince Guido.

This event is open to all citizens, NFP and municipal leaders wanting to contribute.

Sponsored by TownOfUlsterCitizens.org with support from KingstonCitizens.org


SCHEDULE AND EXPERTS


10am – 11:30am: ON EMISSIONS AND NOISE

Experts on Hand will include Evelyn Wright, Energy Economist, Sustainable Energy Economics, and member of Citizens for Local Power

11:30am – 1:30pm: ON COMMUNITY CHARACTER, COMMUNITY SERVICES, RUPTURES/FAILURES AND CULTURAL RESOURCES.
Experts on hand will include Kevin McEvoy

1:30pm – 2:30pm: ON FLORA AND FAUNA
Experts on hand will include Nora Budziack

2:30pm – 4pm: ON WATER (SURFACE, GROUND, WETLANDS, STORM WATER, WASTEWATER AND INFRASTRUCTURE)
Experts on hand will include TBA

4pm – 5pm: ON SOCIOECONOMIC, FISCAL AND ALTERNATIVES
Experts on hand will include Audrey Friedrichsen, Land Use and Environmental Advocacy Attorney, Scenic Hudson

VISIT  ToU “Proposed Project” page for all relevant Lincoln Park Grid Documents.

 

By Rebecca Martin

On Sunday, March 4th, Citizens of Ulster County (and beyond) are invited to a Public Comment Brainstorming session in the Town of Ulster.  The event, created to support citizens in creating Scoping comments for the proposed Lincoln Park Grid Support Center project, a gas-fired peak power plant project in the Town of Ulster, will occur from 10am – 5pm at the Town of Ulster Senior Center (1 Town Hall Drive) in the Town of Ulster.

With a positive declaration announced on February 1st, the Town of Ulster (as Lead Agency) also released the Draft Scope for the proposal. Coalition partners (that include Catskill Mountainkeeper, KingstonCitizens.org, Scenic Hudson, Riverkeeper, CAPP – NY and Sierra Club Mid-Hudson Valley) and the public requested through letters and petitions a 90 day public comment period.  The Town approved 50 days, instead of 30 – making the deadline for public comment to be Thursday, March 22nd.

What is Scoping in SEQR (State Environmental Quality Review) and why is it so important to the public and a project such as the proposed GlidePath Lincoln Park Grid Support Center, a gas-fired peak power plant in the Town of Ulster?

The purpose of scoping is to narrow issues and ensure that the draft EIS (Environmental Impact Statement) will be a concise, accurate and complete document that is adequate for public review.

The scoping process is intended to:

  • ensure public participation in the EIS development process;
  • allow open discussion of issues of public concern; and
  • permit inclusion of relevant, substantive public issues in the final written scope.

The scoping process can also allow the lead agency and other involved agencies to reach agreement on relevant issues in order to minimize the inclusion of unnecessary issues. Finally, scoping should help the sponsor avoid the submission of an obviously deficient draft EIS.

In a recent document provided to us by Andy Willner (founder of NY/NJ Baykeeper), he outlined for the public “SEQR for GlidePath Scoping”:

The Scope of Work shall require the applicant to:

  • consider relevant environmental impacts, facts and conclusions as required under SEQR; 
  • assess relevant environmental, social, economic and other adverse impacts; 
  • certify  how this project can be consistent with social, economic and other essential considerations 
  • assess how the action avoids or minimizes adverse environmental effects to the maximum extent practicable, and that adverse environmental impacts will be avoided or minimized to the maximum extent practicable.

 This is the “teeth” of SEQRA, and the only provision which clearly takes it beyond a mere environmental full disclosure procedure, and requires substantive results:

  • Therefore by including these analyses in the required scope of work the agency will have the information to enable it to consider fully the environmental consequences and to take these consequences into account when reaching a decision whether or not to approve an action. 

The scope of work shall include language that requires the applicant to prepare an EIS that must assess:

  • the environmental impact of the proposed action including short-term and long–term effects, 
  • any adverse environmental effects, 
  • any irreversible and irretrievable commitments of resources, 
  • and “growth inducing aspects” of the proposed action.

The Scope of Work must require the applicant to consider all viable alternatives:

  • ………….contain an evaluation of “alternatives to the proposed action. The analysis of alternatives has been called the “driving spirit” of the SEQRA process.  The “range of alternatives must include the no-action alternative,” and “may also include, as appropriate, alternative: 
    • sites; 
    • technology; 
    • scale or magnitude; 
    • design; 
    • timing;
    • use; 

The Scope of work requires the applicant to assess the cumulative Impacts to water, air, wildlife, and quality of life:

What are the cumulative impacts? 

  • These are impacts on the environment that result from the incremental or increased impact of an action(s) when the impacts of that action are added to other past, present and reasonably foreseeable future actions. 
  • Cumulative impacts can result from a single action or a number of individually minor but collectively significant actions taking place over a period of time. 
  • Either the impacts or the actions themselves must be related. 
  • Cumulative impacts must be assessed when actions are proposed to or will foreseeably take place simultaneously or sequentially in a way that their combined impacts may be significant. Considering the cumulative effects of related actions insures against stratagems to avoid the required environmental review by breaking up a proposed development into component parts which, individually, do not have sufficient environmental significance.” 

Because it is often difficult to distinguish between segmentation and the failure to address cumulative impacts and courts often muddle the concepts the applicant must include in its scope of work information to assist the agency in determining whether or not the project will both address cumulative impacts and avoid segmentation:

  • SEQRA generally prohibits “segmentation,” which is defined as “the division of the environmental review of an action such that various activities or stages are addressed under this Part as though they were independent, unrelated activities, needing individual determinations of significance. Accordingly, “[e]nvironmental review of the entire project is required before ‘any significant authorization is granted for a specific proposal.’ The SEQRA regulations prescribe the basic contents of an EIS 

In the EIS, the lead agency is required to 

  • identify the relevant areas of environmental concern, 
  • take a “hard look” at them, 
  • and make a “reasoned elaboration” of the basis for its determination.

Additionally because this is a complex process the agency shall require the applicant to provide not just access to all of its consultants work products but funds to assist the agency in analyzing the materials to enable it to make a determination.  The agency may use these funds to hire professional engineers, environmental consultants, and for legal advice.

 

IMPORTANT DOCUMENTS:

VISIT  ToU “Proposed Project” page for all relevant Lincoln Park Grid Documents.

VIEW:  SEQR and GlidePath by Andy Willner

VIEW: SEQR Scope of Work by Andy Willner

 

 

HEADS UP: ON EMINENT DOMAIN AND THE TOWN OF ULSTER.

At the Town of Ulster Town Board Workshop meeting on March 1st, an item on eminent domain near the proposed Lincoln Park Grid Support Center project lands certainly caught my attention.

During the meeting, Supervisor James Quigley’s description of “Discussion on start of Eminent Domain Proceedings on a portion of Parcel SBL 48.12-1-20, corner of Miron Lane and Sottile Blvd, owned by Kingston Landing Development Corp”  seemed to indicate nothing more than the opportunity for the Town to acquire a parcel via eminent domain that would allow its entrance to the transfer station to be free and clear forevermore.

Later, during the public comment period, Town of Ulster citizen Dan Furman asked the Town Board, “….isn’t this what GlidePath is buying?”

“Yes. You’re absolutely right….the eminent domain takes it away from them before they buy it.”  said Supervisor Quigley.

The Town Board has given permission for a survey to take place, and for Town of Ulster lawyers to start drafting paperwork for the transaction to be approved at the next Town Board meeting (on March 15).

To be sure, it is recommended that citizens look into this land agreement more fully and request an explanation as to the suddenness of this transaction and whether or not it is an emergency situation.  If it is not, then perhaps it’s wise to request that the Town of Ulster delay any activity on lands that involves GlidePath and the Town of Ulster until the SEQR review is complete. 

LISTEN  Town of Ulster Town Board Workshop Meeting.

@ 6:28 – 9:06  – An explanation by the Town of Ulster Town Supervisor James Quigley on the need for eminent domain, where there is no mention of GlidePath.

@ 28:23 – 29:00 –  Town of Ulster Citizen Dan Furman inquires whether or not the parcel under discussion re: eminent domain is a part of what GlidePath is looking to acquire.  “Yes, you are absolutely right” says Supervisor Quigley. 

UCIDA Rejects Request for Meeting Time Change.

This morning, the Ulster County Industrial Development Agency (UCIDA) rejected requests to move their regular meeting time from 8:00am to after 5:00pm.

Here are some of the highlights of the morning board discussion.

Several members challenged KingstonCitizens.org as having a large base but only producing a handful of letter requests and citizens before them on the matter.  Last month when the item was before the board, it was tabled for further discussion. This occurred right before the holidays in late December, giving the public a narrow opportunity to submit a letter of support for a meeting time change.

Ask even the savviest of citizens what the UCIDA does and you’ll be hard pressed to find anyone who can tell you. This is in part why we thought to pursue a meeting time change as a first step could allow for the potential of participation.  For those board members who attributed their rejection in part due to the number of requests as insignificant, it is a poor way to build bridges of trust and better relations with the public, particularly those who wish to be more of a participant in the important work of the UCIDA.

During the discussion, a citizen shared the trouble that he encountered entering the public building a little ahead of 8am, being stopped by an officer on the ground floor level of the Ulster County building. The chair of the board in jest responded “you don’t look like a terrorist.”

Another board member, perhaps in reaction to the citizens in attendance being Kingston residents, shared with us his insight that ‘there is a bigger world outside of Kingston”.

Citizens had some trouble hearing the board during their discussions in Legislative Chambers, where microphones were available. Perhaps next month, if the group meets in the same location and there are people in the audience, they might elect to set them up.

There were some useful points made to consider, such as the potential ‘overtime’ necessary to pay staff for evening meetings,  although this had not been mentioned last month as a consideration.  One could also sympathize with other members of the board who outlined their personal reasons as to why a time change was a challenge.  I was pleased that the board, on their own, requested to create palm cards with a simple explanation of PILOTs to be made available for the public in attendance.

In the end, my take-away was that the point was missed and that is, to include the public in new ways is a multi-prong process. Changing the meeting time should have been seen as a first step.  Outreach and making process accessible and easy to understand (transparency), another. Ongoing storytelling and communication, another. Participation, when it doesn’t exist, takes time and effort and the board has three Ulster County employees appointed to them as staff to help. That the public does not regularly attend this or any other important public hearings, board, committee or commission meetings is a failing of at least these things.

Thanks to those who took the time to participate. We’ll try again another time, in some other way.

The UCIDA AND PILOTs: Accountability to Taxpayers and Citizens.

VIEW our Event Page for the UCIDA’s Wednesday Meeting

VIEW our Petition “UCIDA and PILOTs:  Accountability to Taxpayers and Citizens.

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Citizens have voiced concern about a PILOT (Payment in Lieu of Tax)
agreement and other tax incentives currently on the table for the ‘Hudson Valley Kingston Development (HVKD) LLC’ proposal in Uptown, Kingston.

According to their application, they propose to  “build four boutique hotels in historic Uptown Kingston. There will be 43 hotel rooms in total, with a restaurant at the 301 Wall Street location. This will create a welcome space for community events and gatherings, and stimulate much-needed tourism and revenue for surrounding businesses.”
REVIEW  HVKD’s application

Last week, the Ulster County Industrial Development Agency (UCIDA) held a public hearing on the HVKD’s application. Very few members of the public were in attendance.

In our opinion, that’s probably because UCIDA’s process can be difficult to follow, especially for something like a PILOT agreement or tax abatements. Often, meetings are insufficiently publicized leaving many citizens in the dark.

Incentives are important tools in attracting and supporting business. Allocations of tax dollars in this context are governed by state law and to that end, there are real checks and balances here.

However if the public is not properly made aware of the opportunities that they have throughout the process, then only a handful of appointed officials are in a position to make decisions that will certainly extend beyond their tenure. For that reason alone, it is in everyone’s best interest for a transparent process to be a priority, one that will allow citizens a better understanding and to enter into a more robust discussion.

The next meeting on the proposal is to occur on Wednesday, October 11th at 8:00 am (in the Karen Binder Library on the 6th Floor of the County Office Building, 244 Fair Street, Kingston, NY).  To help the public proceed in an organized manner, we offer the following information and a recommendation for the public to make to the UCIDA board for their consideration.   

VIEW  our Event Page for more information on Wednesday’s meeting.

Background on Industrial Development Agencies (IDA) From the NYS Comptroller.

First, appointments to the Ulster County Industrial Development Agency are made via resolution by the membership of the Ulster County Legislature.  Members serve at the pleasure of the Legislature.  

The Ulster County IDA must follow State law, based on background provided by the NYS Comptroller Thomas P. DiNapoli, the role of IDA’s in New York State are charged with the following:

“Industrial Development Agencies (IDAs) are authorized to provide financial assistance for certain types of projects. Financial assistance includes the issuance of bonds by the IDA to finance construction of a project and straight-lease transactions. Because IDAs’ property and activities are tax exempt, the IDA may pass the benefits of certain tax exemptions (e.g., real property, sales and mortgage recording taxes) to the private entities that undertake the projects. The loss of revenue associated with these tax exemptions can be offset with an agreement for payments in lieu of taxes (PILOTs), under which the private entity agrees to pay all or a portion of the taxes that would otherwise have been imposed had the project not been an IDA project. The IDA’s role is not just to act as the conduit for financial assistance, but also to monitor the success, progress, and cost-benefit of projects, including whether projects are honoring their commitments and agreements.”

In addition to making these decisions, the IDA must also provide follow-up on the projects where they have provided support.

“The IDA’s role is not just to act as the conduit for financial assistance, but also to monitor the success, progress, and cost-benefit of projects, including whether projects are honoring their commitments and agreements.”

The 2016 New York State IDA Law

In 2016, laws were put into place to increase the accountability and efficiency of IDAs.

“In June 2016, new legislation became effective to increase the accountability and improve the efficiency and transparency of IDA operations. For new projects, the law requires standard application forms for requests for financial assistance, uniform criteria for the evaluation and selection for each category of projects for which financial assistance is provided, uniform project agreements, annual assessments on project progress including job creation and retention, as well as policies to recapture, discontinue or modify financial assistance or tax exemptions.”

 

Next Steps in the process for the Hudson Valley Kingston Development LLC PILOT agreement and tax incentives.

On Wednesday, October 11th at 8:00 am, the Hudson Valley Kingston Development LLC is listed in the (Draft) AGENDA #12: Projects “Hudson Valley Kingston Development (Public Hearing held on October 4, 2017)”.  There isn’t information listed as to whether or not the board will be making a decision regarding PILOTS or other available tax incentives for this proposal.  Therefore, it’s important to make your voice heard now – and you can do so by

SIGNING OUR PETITION:  UCIDA and PILOTs – Accountability to Taxpayers and Citizens.   VIEW 

The County must carry on its important business for the residents of Ulster County. We also support and appreciate new business opportunities in our area.  However, given the concerns of the public, we request that any approvals of tax incentives for the Hudson Valley Kingston Development LLC be delayed by the board to allow the following:

  1. Provide additional public educational opportunities on the UCIDA’s process in assigning PILOTS and tax incentives to proposed projects, including, but not limited to:

    * The necessary documentation that is required as evidence that an applicant demonstrates a need for a PILOT or other tax incentives as well as to show that the applicant has exhausted all other available options based on NYSEDC recommendations.
      VIEW

    * Explain UCIDA’s Uniform Tax POLICY that, based on the MATRIX determines the Full-Time Equivalent (FTE) hourly rates assessed as per the number of jobs it will create.

  2. How the UCIDA applies recommendations to this, and all project considerations, provided by the Ulster County Comptroller from his 2014 report “A Study of the Impact and Best Practices for Industrial Development Agencies”, specifically:* Support only Projects which likely will not proceed but for IDA assistance;* Require market analyses for “retail” (and services) Projects;* Calculate costs and benefits specifically attributable to IDA assistance;* Give PILOT points only for jobs attributable to IDA assistance;

    * Interpret the cost-benefit analysis with care;

    * Require proof of pre-assistance employment levels;

    * Maximize public access to information;

    * Consider a scoring category for local support.

  3. The UCIDA’s follow-up procedures after-tax incentives are awarded.

  4. Additional public hearings to be scheduled and publicized for more public input.

 

Who is KingstonCitizens.org?

Recently we learned of an inquiry made by the City of Kingston Republican Committee Chair and general practice attorney, Joesph Ingarra. Apparently, he took it upon himself to write to the state Attorney General’s (AG) office, requesting that they investigate KingstonCitizens.org as a Political Action Committee (PAC).  He placed his request into a press release sent to several local news outlets to “investigate and report”.

Mr. Ingarra neglected to take the opportunity to reach out to us to clarify his concerns prior to his request to the AG. As a member of the legal profession, one would expect that he would understand the difference between a grass roots group and a PAC.

Here’s what is true.

Read more…

A More Democratic Approach to Public Meeting Discussions in the City of Kingston.

By Hillary Harvey
hillary@kingstoncitizens.org

The Historic Landmarks Preservation Commission (HLPC) recently chose to change its format to allow the public an opportunity to participate on applications in real time, creating a more democratic format for both the applicant and the public. The changes provide a model of a more participatory meeting format that all City of Kingston boards, committees and commissions  might consider applying.

Currently, in the City of Kingston, the majority of committees and subcommittees offer public speaking at the discretion of the committee chair.  It is possible to reach out to the chair ahead of a meeting to let him/her know that citizens would like time to present comments or questions.

Read more…

Clarity on process. 300 Flatbush Ave. (RUPCO’s Alms House Proposal)

 

By Rebecca Martin

For some time, there has been much furor over the sale of 300 Flatbush Ave. (aka RUPCO’s Alms House Proposal),  a property owned by Ulster County.

Lets cut to the chase on a few critical items.

– To be clear, the City of Kingston hasn’t any say as to who the county sells its property to.

– After being on the market for a little over a year, RUPCO made an offer at the listed price for a project they want to create in that location called ‘The Alms House” or “Landmarks Place”.  Their goal is for it to become  “66 units that would comprise of 14 studio and 20 one-bedroom apartments in the approximately 28,000-square-foot 1870s landmark building at the site and 32 one-bedroom units for people ages 55 and older in the new 42,000-square-foot building.”

– The proposal went in front of the Kingston Planning Board where they determined the project to have a negative declaration in SEQR. In other words, they found it to have no environmental impacts that would require further study.

As part of Kingston’s code, the Kingston Common Council had 90 days to determine a zoning change that started months ago, with a request for it to be changed from single family to multi-family use. Whether multi-family or commercial, a zoning change will have to be determined in order for it to be placed back into any real use.

– In this case, once a zone change is made, the project site plan can be reviewed by the Kingston Planning Board, and the public will have more opportunities to help to shape the project.

These are the facts, and this is the process.

Read more…

PARTICIPATE! Attend Regular Ulster County Legislature and City of Kingston Council Meetings.

By Rebecca Martin

How can we improve local government? By becoming more civic-minded rather than a single issue participant and attending regular, monthly meetings of both the Ulster County Legislature and City of Kingston Common Council.  That’s a potent and simple place to start.

To help you to get on your way, KingstonCitizens.org has put together a schedule of 2017  for both elected bodies.   “Many hands make light work” as they say. If each of us attended one or two meetings a year and shared what we witnessed – the landscape would look and feel very different.

Here are simple steps you can take to become a more engaged, local citizen.

  1. Sign up for the dates and times that are most convenient for your schedule (see below)
  2. Attend meetings. Make sure you check the calendar prior to attending, as all dates/times are subject to change (see below).  Make sure you add the dates to your personal calendar so you are reminded of your commitments.
  3. Write a one-page (or more) summation of your experience.  What happened that evening? How many citizens were present? Did you speak during public comment? What issues were discussed?  What significant decisions were made?  What did you learn and what outcome would you like to see on the issues that were discussed that evening?
  4. Submit your piece to KingstonCitizens.org:  rebecca@kingstoncitizens.org to be shared in our “Citizen Opinions” section (rules apply).
  5. We can help you to identify your council and legislative representatives and will encourage you to send a copy of your report directly to them as well.

 

Get Started. 

  1. Ulster County Legislature:  Dem/Rep Caucus and Regular Legislative Session
    1. VIEW:  Visit this link and choose dates and times that work for your schedule.
    2. VIEW:   Check the Ulster County Legislature Calendar a week prior to your meeting. Dates/times may be subject to change.  You can also access an agenda at the legislative site.
  2. Kingston Common Council: Caucus and Regular Meeting
    1. VIEW  Visit this link and choose dates and times that work for your schedule.
    2. VIEW: Check the City of Kingston municipal calendar a week prior to your meeting. Dates/times may be subject to change. You can also access an agenda at the City of Kingston website.

If you have any questions, please don’t hesitate to reach out.  Join us in becoming familiar with local government.

VIDEO: The Ulster County Legislature Bans Memorializing Resolutions.

 

By Rebecca Martin

Last evening, with a 13/9 vote, the Ulster County Legislature banned memorializing resolutions.   Although our group is deeply disappointed in the outcome,  we will apply our new knowledge  about the legislature to our work throughout the remainder of the year and beyond.

Outside of a ban on memorializing resolutions, we learned that Local Law 18 from 2016 (Law Prohibiting Discrimination on the Basis of Gender Identity) had been held back in the Laws and Rules Committee for over a year. In other words, a simple public hearing on transgender rights was stalled and in essence, denied.

In other news, what appeared to be a dozen or so members of a local sportsman club in attendance,  the group appeared to mostly be there to oppose Resolution No. 138 “Creating A Policy To Maintain A Safe, Inclusive Government And Ensure The Protection, Order, Conduct, Safety, Health, And Well-Being Of All Persons In Ulster County“.  Illustrating the law as Ulster County becoming a ‘sanctuary county’, at one point during public testimony, a member of the group stated, “…We know you will do the right thing. #138 has to go down. We have your back. Thank you very much”  (VIEW Tape #2 @ 21:00)

It was an evening that left me questioning motives. Why would our elected officials wish to limit free speech? Or deny the public a chance for public comment on gender equality? Or, be opposed to wanting to ensure “protection, order, conduct safety, health and well-being of all persons living in Ulster County”?  I haven’t any answers, only a sense. Control and fear. Both will wreck havoc, too. The public must remain diligent.

KingstonCitizens.org is seeking volunteers who are interested in attending monthly Ulster County Legislature meetings and report back to the public via KingstonCitizens.org. It’s our goal to build a larger base of public participation and, as always, encourage new potential candidates.  All legislature seats are up for election in November, 2017.

If you are interested in working with us, please contact rebecca@kingstoncitizens.org

Special thanks to Clark Richters of the Kingston News for helping us to document the evening.

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Those in favor of a ban on memorializing resolutions were (RED: Republican, Conservative, etc;  BLUE: Democrat):

District 1 (Town of Saugerties)   Mary Wawro
District 3 (Town of Saugerties/Town of Ulster)  Dean Fabiano
District 4 (Town of Ulster/Town of Kingston) James Maloney
District 8 (Town of Esopus)  Carl Belfiglio
District 9 (Town of Lloyd/Town of Plattekill)  Herbert Litts III
District 10 (Town of Lloyd/Town of Marlboro)  Mary Beth Maio
District 11 (Town of Marlboro)  Richard Gerentine
District 12 (Town of Plattekill)  Kevin Roberts
District 13 (Town of Shawangunk) Ken Ronk
District 14 (Town of Shawangunk/Town of Wawarsing)  Craig Lopez
District 18 (Town of Hurley/Town of Marbletown)  Richard Parete
District 21 (Town of Rochester/Town of Wawarsing) Ronald G. Lapp
District 22 (Town of Denning, Hardenburgh, Olive, and Shandaken)  John Parete

Those opposed:

District 2 (Town of Saugerties/Village of Saugerties)  Chris Allen
District 5 (City of Kingston) Peter Loughran
District 6 (City of Kingston)  Dave Donaldson
District 7 (City of Kingston)  Jennifer Schwartz Berky
District 16 (Town of Gardiner/Town of Shawangunk) Tracey Bartels
District 17 (Town of Esopus/Town of New Paltz)  Jim Delaune
District 19 (Town of Marbletown/Town of Rosendale)  Manna Jo Greene
District 20 (Town of New Paltz/Village of New Paltz) Hector Rodriguez
District 23 (Town of Woodstock)  Jonathan Heppner

Absent:
District 15 (Town of Wawarsing, Town of Ellenville)  Thomas Briggs


VIDEO: Resolution No. 91 “Amending the Rules of Order to Prohibit Memorializing Resolutions”

VIEW:  Legislative Discussion/Debate


Legislator Highlights
:

VIEW:  Ken Ronk and David Donaldson

VIEW:  Jennifer Schwartz Berky

Public Comment Highlights:

VIEW: Amy Fradon, Ban on Memorializing Resolution

VIEW:  County GOP Chair Roger Rascoe, Ban on Memorializing Resolutions

VIEW: Andrea Callan,  Law Prohibiting Discrimination on the Basis of Gender Identity (Local Law 18 of 2016) 

VIEW:  Candace Teetsel and Friend, Local Law 18 of 2016

VIEW: Jeff Rindler, ED of HV LGBTQ, Local Law 18 of 2016

VIEW:  Evie Starr, Local Law 18 of 2016

 

To view all public comment:
VIDEO #1   Starts at 36:30