VIDEO: Kingston Common Council Caucus (5/2/16) and Full Council Meeting (5/3/16)

We are pleased to bring you video from this week’s common council caucus (5/2) and full council meeting (5/3). As you will see, we have marked much of the content specifically focused on the items that we have been following recently that include amending the firearms law and the Pilgrim Pipeline memorializing resolution. However, there is a good amount of information throughout, and we encourage you to take the time to also view the remainder of the footage.

Citizens did a great job in supporting the council in their decision making process last night, and in sharing their opinions on the location of the proposed shooting range. The outcome was that the council sent the amended firearms law back to the laws and rules committee for further vetting, which was seen as a positive action by all sides. In addition, an important memorializing resolution was passed showing Kingston’s support of Bill A9831a   sponsored by Assemblyman Skartados, “an act to prevent the construction of pipelines to transport hazardous substances or petroleum on property under the jurisdiction of the New York Thruway Authority.”

Although the items listed in the agenda move around some, everything is covered and you can follow along:

VIEW: Agenda

VIEW: Legislation

* Brought to you by KingstonCitizens.org. Filmed by Clark Richters of Kingston News.

Read more…

WHAT TO EXPECT: Amending Firearms Law and Kingston Common Council Next Week. 

what-to-expect-np

As you are aware, last week at Kingston’s Laws and Rules Committee meeting, an amended version of Kingston’s Firearms Law (Chapter 223-3 in Kingston City Code) drafted by Ward 9 Alderwoman Deb Brown (that had been looked over by Kingston Corporation Council) was presented to vote to pass it through committee to council. The amended version states that No person, other than in self defense or in the discharge of official duties, willfully discharge any species of firearms within the city limits of the City of Kingston, NY except an indoor facility designed and constructed as a shooting range, pursuant to a site plan approved by the City of Kingston Planning Board and operated in compliance with the laws and regulations of New York State Department of Environmental Conservation and the Division of Safety and Health of the New York Department of Labor

The amended law, however, was rejected by the committee with a 2-3 outcome. In favor was Ward 9 Alderwoman Deb Brown and Ward 7 Alderwoman Maryann Mills. Opposed was Ward 1 Alderwoman (and committee chair) Lynn Eckert, Ward 2 Alderman Doug Koop and Ward 5 Alderman (and Majority Leader) Bill Carey.

The law now moves out of committee and on to the Common Council next week (as a rejected item from committee) for a full council vote. Ward 6 Alderman Tony Davis, who works as a teacher for the Kingston City School District, must abstain and is considered a ‘no’ vote to whatever the outcome is next Tuesday due to the Board of Education’s resolution issued in early December of 2015.

A little refresher on how this all works.

The council meets on the first Monday of each month (this month, the date falls on May 2nd at 7:00pm) for their caucus where each of the parties have the opportunity to look over the draft agenda and legislation that will be placed in front of them to discuss. Generally at this meeting, council members debate each item and typically, the direction of the vote during the common council meeting is decided. This meeting is always open to the public. However, it is held in a small conference room which limits its capacity and generally, the public is not given the opportunity to speak.

On the first Tuesday of each month (this month, the date falls on May 3rd at 7:30pm), the Kingston Common Council hold their monthly meeting, where legislation and other items are put to a vote. This meeting is held in council chambers where hundreds of citizens can be easily seated.  Up front, there is always a public comment period where anyone can speak on matters that are on the agenda or otherwise. Generally, the public comment period is 30 minutes in length, and citizens are asked to keep their testimony to 2-3 minutes in length to allow for as many comments as possible.

WHAT TO EXPECT:

Monday, May 2nd, 2016  7:00pm  Conference Room #1    VIEW CALENDAR ITEM
Members of the Kingston Common Council will discuss the Amended Firearms Law that was rejected out of the Laws and Rules Committee and other agenda items.  This is an opportunity for the public to witness their council in action discussing the matter, and all other items on the agenda that evening.    THIS EVENT WILL BE FILMED.

Tuesday, May 3rd, 2016   7:30PM  Council Chambers   VIEW CALENDAR ITEM
Members of the Kingston Common Council will cast their vote on the Amended Firearms Law and other agenda items. There is public comment up front starting at 7:30pm. Citizens wishing to speak should arrive at 7:15pm to sign- up at the podium and to secure a seat in council chambers.  THIS EVENT WILL BE FILMED.


THE FOCUS:

We request that the public support the council to send the amended Firearms Law back to the Laws and Rules committee for the text to be further vetted. This is in everyone’s best interest. The spirit of this law is a public safety and health issue, and there is no way around the fact that the law leaves out many critical features that should be in place to protect our community’s best interests.

WHAT CITIZENS CAN DO:

If you are only able to attend one of the two meetings, then we encourage citizens to attend the Kingston Common Council meeting that will take place on Tuesday, May 3rd at 7:30pm where the council will vote on the amended law. If you are comfortable to speak, then we request that you do so encouraging the council to move the amended law back to the Laws and Rules committee for further vetting. Citizens can also encourage or discourage the location of the shooting range/gun store – however, this discussion is more appropriate for the planning board and not the common council this evening. Changing the law is in their purview. Planning and zoning next week is not.

Residents can also submit a letter on the subject to the Kingston City Clerk
Carly Winnie at: cw*****@*********ny.gov and request that she submit your letter to record, and to distribute to the entire common council and council president.

If your testimony includes support or opposition to the location of the range, please send it also to the City of Kingston Planning Department addressed to the Director of Planning Suzanne Cahill at: pl******@*********ny.gov  requesting that it go on record and be distributed to all members of the Kingston Planning Board.

NOT FEAR. JUST THE FACTS.

KingstonCitizens.org is a non-partisan, citizen-run organization focused on increasing citizen engagement in local government and we’ve been at it for a decade. Regardless of how we have been portrayed, this platform does not take personal positions on issues.  We simply point out the law and process, and in light of which, make recommendations based on both.

We also work hard to provide information to help Kingston citizens be more informed on issues that are of grave concern. Because we are a citizen run organization reliant on volunteers, we cannot take on every issue that comes down the pike, though we wish we could. We do, however, use each issue selected by members of our advisory committee to illustrate the concerns of the public and, to expose any disconnects that might be present on any of the subjects in the way of transparency and process. We believe that when both are intact, than a more fair outcome is possible.

What we have found is that on any issue we are focused on, many of the same concerns we raise are re-occurring elsewhere.  It takes a village as they say, and hopefully, this work helps to encourage more citizen engagement in Kingston on all issues both large and small.   Being civic minded is the public’s responsibility, after all.

In light of which, in a recent article, Ward 5 Alderman (and Majority Leader) Bill Carey is quoted as saying “I think the fear is unfounded” regarding the location of the shooting range and gun shop being proposed for Prince Street in Midtown Kingston.

This point of view should be challenged. It is important to point out the Kingston Board of Education, in their resolution signed on December 9th, 2015 states that:  “…in the interest of safety and welfare of the students, faculty, employees and others present at the Kingston High School, hereby expresses its opposition to the establishing of a shooting range and gun store in close proximity to the Kingston High School campus…”

Here are several reasons why that on the public safety, health and economic development front (and given much of the public testimony), that concerns are indeed fact and not fear based:

Proximity of schools and childcare center.  The proposed shooting range and gun shop will be located at 92 Prince Street in Midtown, Kingston. This is close to the Kingston High School (within 655 feet).  The high school serves almost 3,000 students, and employs more than one hundred teachers and staff members. Further, the high school serves other students both within and outside of Kingston through after school activities such as sporting events, theater productions, and musical performances. The shooting range and gun shop is within 375 feet of the YMCA.   The YMCA serves thousands of children and parents, not only in Kingston but throughout Ulster County.

Public safety: prevalence of guns in a densely populated area. According to the Brady Center, where there is a concentration of guns, there is a concentration of gun violence.

Public health and welfare:  Despite guidelines about lead contamination for shooting ranges, recent research from the CDC shows elevated blood lead levels in ranges’ employees and customers. In Sacremento, an indoor shooting range was closed because of high levels of lead contamination inside and on the roof; lead levels were 70 times higher than the state hazard threshold.  One of the world’s leading safety engineering firms Tetra Tech said that increased attention to lead contamination and human health exposure “has put range owners and operators into areas outside of their expertise.”

Also, although the district is zoned for commercial use, it is in a “Mixed-Use Overlay” district, which allows residential.  The range is also next to a residential block.  The rear wall of the proposed range — and direction of the firing — is 70 feet from the nearest residence and residential block.

Public awareness: The public needs to understand how public business is conducted. Laws are not amended only on the basis of public opinion. They must be vetted for public safety, health and welfare. It is important for the public to participate with full knowledge of what constitutes and is acceptable process under the law.

Economic Development and Kingston Comprehensive Plan: Kingston 2025 appropriately envisions “a new core” in Midtown Kingston where the creative economy can take root and businesses can grow. It aspires to create a mixed-use center in Midtown, “with multi-family residential incorporated with ground floor retail; pedestrian and bicycle friendly streets; active use of sidewalks; traditional architecture and historic identity.”

“These nodes will be connected not only by a network of streets supporting slow-speed/high-capacity vehicular travel, but by a network of on-road and off-road bicycle paths, and by public transit ranging from shuttle bus to trolley.”  Prince Street and the intersecting network of streets are at the heart of this district.

At the last Kingston Laws and Rules Committee meeting, residents and neighbors spoke in support and against the amended law and, the location of the range. We encourage you to VIEW this video for your information.

Finally, we’d also like to clarify, that in the spirt of Democracy,  KingstonCitizens.org respects all points of view. It is important to understand that a shooting range and gun shop inside of Midtown, Kingston – a Kingston specific issue – is far different than that of the Niagara Bottling proposal – one that had regional implications and that would impact communities in different ways that included Kingston, Woodstock, Town of Ulster, Saugerties, Port Ewen and Esopus.

In this case, Kingston’s Common Council needs to hear from Kingston citizens, and especially those who live, work and attend public schools, youth activities and child care in the Midtown area. Although public comment is open, we request that citizens living outside of the area respect those living in Kingston first. Specifically those in Midtown, which is the heart of Kingston. A good amount of investment has been poured into this area, and a lot more is known to be coming. That mustn’t be lost in this debate.

 

FURTHER READING:

Kingston Times: Gun Shooting Law Amendment Likely to be Revised.

PILGRIM PIPELINE UPDATE: Kingston Public Safety Committee Passes Resolution in Support of Bill A9831a

13103470_530495297133140_1947149378199890944_n

By Rebecca Martin

Last evening, the Kingston Public Safety Committee passed a resolution to support Bill A9831a sponsored by Assemblyman Skartados, “an act to prevent the construction of pipelines to transport hazardous substances or petroleum on property under the jurisdiction of the New York Thruway Authority.”  

Kate Hudson of Riverkeeper gave a presentation of the proposed Pilgrim Pipeline project as well as an explanation of the bill and the timeliness of its passing.

The committee’s swift action was in part to act in time to send Kingston’s support to the NYS Legislature before their 2016 session ends in June. The resolution will come up for a full council vote next week.

In a memorandum from his office, the justification for the bill states that:

“An oil or refined petroleum pipeline constructed to longitudinally occupy the New York State Thruway would present a significant danger to the state’s natural lands, waters, population, economy, and tourism. A pipeline incident along the Thruway resulting in the leakage of oil or refined petroleum would have a significant and costly impact on adjacent residential communities, endangered habitats, open spaces, forests, farmlands, streams, aquifers, wetlands, scenic vistas, and water sources, including the Delaware and Catskill Aqueducts that supply water to New York City.  An incident would pose a threat to drinking water and thereby impact businesses, local economies, and the health and quality of life of the people in the affected area.  A pipeline incident would harm the endangered and threatened species that live along the Thruway, which include the red shouldered hawk, wood turtle, barred owl, bobcat, and Indiana bat. “

Read more…

WHAT TO EXPECT: City of Kingston Laws and Rules Committee Meeting Tuesday, 4/19/16 at 7:00pm

13043593_526975994151737_3141418734917118187_n

THIS EVENT WILL BE FILMED thanks to Kingston News. Brought to you by KingstonCitizens.org.

What:
Laws and Rules Committee

Where:
Kingston City Hall   420 Broadway  Kingston, NY
Council Chambers

When:
Tuesday, April 19th 2016
Sign-up to speak at 6:45pm.
Public Comment starts at 7:00pm

Why:
The Kingston Common Council Laws and Rules Committee will start the discussion on amending the City of Kingston’s Firearms Law  (Section 223-3) that prohibits the discharge of guns within the City limits for any purposes other than self-defense or the discharge of official duties.   Those members of committee who are in favor of an amendment are likely to want to include “Indoor Shooting Ranges” as a new condition, in light of a proposal to create
a Shooting Range and Gun Shop on Prince Street in Midtown, Kingston.

Please arrive at 6:45pm to sign-up to speak. Public comment will begin at 7:00pm.

Residents should prepare a statement in advance that includes stating their name, where they are from and be no more than 3 minutes in length. Please show respect to your fellow neighbors and elected officials this evening.

If you are a Kingston resident, consider calling your elected officials beforehand to share your opinions, concerns, etc.

LAWS AND RULES COMMITTEE

Lynn Eckert, Ward 1 Alderwoman and Committee Chair
(845) 392-3205

Deb Brown, Ward 9 Alderwoman
(845) 338-0763

Maryann Mills, Ward 7 Alderwoman
(845) 331-7682

Bill Carey, Ward 5 Alderman and Majority Leader
(845) 339-1361

Doug Koop, Ward 2 Alderman
(845) 706-5053


COUNCIL NOTABLES ON THE SUBJECT

Jim Noble, President common council
(845) 331-4696

Nina Dawson, Ward 4 Alderwoman
(845) 616-8592

If you do not see your ward noted here, please visit this LINK for more information.

Additional Reading from KingstonCitizens.org

On Process and Transparency: The Proposed Shooting Range in Midtown Kingston

Is Proposed Shooting Range in Midtown Kingston Illegal Under City Code?

 

 

On Process and Transparency: The Proposed Shooting Range in Midtown Kingston.

transparency_public_rights_to_know_copy

Editorial 

Yesterday, we learned that the proposed shooting range proposal slated for Midtown, Kingston was to be placed on the Finance Committee agenda for discussion today (Wednesday, 4/13).   If you are like us, that’s barely enough time to plan to attend for an issue that might be of interest. All of our schedules are thrown to get there within 24 hours. But this is the way our council has outwardly communicated with the public for as long as we can remember, making it very hard for citizens to engage.

At last March’s Public Safety/General Committee meeting, the shooting range proposal was also placed on the agenda. But unlike today, the agenda was never made public which means, citizens couldn’t plan to attend at all.  Dr. Adam Soyer, however, who is proposing the shooting range along with his supporters were in attendance. The discussion therefore, had only the potential of being one-sided.

Read more…

WHAT TO EXPECT: Kingston Common Council meeting on December 1st, 2015 and the Pilgrim Pipeline.

what-to-expect-np

What:
Kingston Common Council Meeting

Where:
Kingston City Hall   420 Broadway  Kingston, NY

When:
Tuesday, December 1, 2015
Sign-up to speak at 7:20pm. Common Council meeting begins at 7:30pm. Public comment starts at around 7:35pm. 

Why:
The Kingston Common Council votes to pass through a resolution denying the Thruway Authority’s request (or not) for Lead Agency in the State Environmental Quality Review (SEQR) regarding the Pilgrim Pipeline proposal.  Requests, instead, that the Department of Environmental Conservation (DEC) assume the role. 

Read more…

Four Reasons to vote YES on the Water Sales Referendum on Tuesday, November 3rd.

12065888_467337530115584_574482013883006214_n

By Rebecca Martin

Vote YES on the Water Sales Referendum on Tuesday, November 3rd by TURNING OVER THE BALLOT where you will find the referendum.

###

The Niagara Bottling proposal came out of the blue for Kingston citizens (VIEW the timeline). After extensive work by a growing coalition of residents and stakeholders to bring as much information to the public forward as possible, Niagara abandoned their proposal on February 15, 2015.  Elected officials acted quickly afterwards, and the City of Kingston’s Common Council unanimously voted (twice), with the Mayor’s approval, to support a Water Sales Referendum that would give the public a say in municipal water sales outside of Kingston’s corporate boundaries to be placed on the ballot this fall. It’s an unprecedented and critical opportunity.

Some have asked, will this impact agreements already set in place? The answer, is no. This referendum impacts any contracts moving forward. The process will have to be determined, but it will allow the council to collaborate with the Water Department to set some real criteria to its decision making as should be the case.

Here are four important points made by KingstonCitizens.org’s Jennifer Schwartz Berky in our piece “In Their Own Words“.

During the Niagara Bottling proposal last year:

#1   
You had no say about whether to sell our limited supply of safe, high quality drinking water to a billion-dollar corporation for a fraction of the rate that you pay.

#2
You had no say about the use of your tax dollars going toward the attraction of a polluting industry.

#3
You had no say about how this would limit further residential and commercial development in Kingston.

#4
You had no say regarding whether this was environmentally detrimental to our community.

If you vote “YES” for the Water Referendum, you will for evermore have a say.   Say “YES” to include Kingston’s Common Council – and the public – to the Water Board’s decision making process in the sale of our precious municipal water.

The referendum will appear on the back of your ballot. Make sure you TURN IT OVER when you vote on Tuesday. 

 

 

Further reading:

* Kingston Water Department issued a ‘Will Serve’ Letter to Niagara Bottling, welcoming them to Kingston before the public had any knowledge of the proposed deal on 9/15/14. Lets make sure that doesn’t ever happen again.      READ

* In Their Own Words. Citizens, elected officials and stakeholders share their views on why citizens should vote YES on the Water Sales Referendum.  READ

* The Mayor of Kingston appoints Water Board Commissioners solely. Who are they, and what experience do they have to help steward our municipal water source?  What is the selection process?  It has all been handled out of the public eye until we started watching last year, and we will continue – as the Water Department, though currently independent, is still a part of Kingston City Government. The Charter states that Water Board Commissioner’s terms are five years, though there are still members who have served since 1981. Why?    READ

IN THEIR OWN WORDS: Why Does Passing The Water Referendum on November 3rd Matter?

Referendum

By Rebecca Martin

As part of our ongoing effort to educate citizens on the upcoming Water Referendum that will appear on the November 3rd  ballot,  we are happy to present this piece, “In their own words” to share insight from residents who live and work inside and out of the City of Kingston.

Our lives are intimately impacted by the decisions made by our elected and appointed officials on all fronts.  In this case, regarding water, by voting ‘YES’ to include the Common Council on all sales of water outside Kingston’s corporate limits, we have a real opportunity to assure better decisions to be made.

Please take note. The Water Sales Referendum will be on the BACK OF THE BALLOT on November 3rd.

Read more…

First Reading of Water Powers Charter Amendment for Referendum

By Rebecca Martin

Last night, after many terrific citizen public speakers (see 1:44 – 15:35 in the video above), the Common Council did the first reading (at 44:15 – 45:00) of a charter amendment for Water Powers outside of Kingston’s Corporate boundaries.

Alderman-at-Large James Noble explains (at 15:48 – 16:26)  stating that “the original resolution has been changed to another resolution. #134 is going to be a local law change, because it’s stronger legislation.  This evening we will do the first reading without discussion. Next month, we will do the second reading and vote.”

After which, Mayor Shayne Gallo will have 10 days to organize a public hearing before signing off on the legislation. It would then be prepared and sent to the Board of Election to include on the November ballot.

All summer long, KingstonCitizens.org will focus its energies to inspire and to energize our community to vote like it has never done before.  Which way that you do  is a private matter – but to vote is a right that was hard earned. If this referendum is placed on the ballot – so was it. A lot of blood, sweat and tears. Please be responsible and do your part and vote.  Place November 3rd (Election Day) on your calendar today.

 REGISTER TO VOTE IN ULSTER COUNTY

UPDATE: Council Caucus “Water Powers” Referendum Discussion Shows Full Council Support. Mayor Gallo Agrees to Sign off on Local Law Amendment for Referendum if Passes.

By Rebecca Martin

At last night’s Common Council Caucus, Council members discussed Resolution #134 to “Amend Charter to Authorize Public Referendum re: Water Powers”. Alderman-at-Large James Noble and Corporation Council Andrew Zweben were in attendance.

It appears to have been determined that the Charter amendment of Water Powers would be a local law change, which would require two readings and a public hearing to be set by the Mayor within 10 days after the first reading. The first reading would take place tomorrow night if the Council votes to approve the referendum.  A public hearing would occur sometime in or around June 12th. The second reading would then be read at the July 7th Common Council meeting with a full council vote to follow to pass (or not) the referendum through to the November ballot.

Screen Shot 2015-05-30 at 11.22.33 PM

On May 28th, the Water Department Board of Commission Chair Joe DeCicco issued a press release cautioning the public to ‘think carefully before you agree to change the governance (of water sales outside the city of Kingston)’   The press release was issued on Kingston Water Department letterhead, that included all the names of the Water Board of Commissioners,  Superintendent Judith Hansen and Mayor Shayne Gallo.

At last evening’s meeting, Corporation Council Andy Zweben clarified that “The press release that was issued by the Water Department was not authorized by the Mayor, or the other members of the Water Department to the best of his knowledge and does not represent how he feels on this issue.”  Andy Zweeben also relayed that speaking to the Mayor today, he stated that “…if the local law is passed, he will sign it.  They’ll be a referendum and the voters will decide.”

Zweeben also expressed his discomfort with “the speed in which the referendum was moving” (* Please see below). But the Public Safety/General Government Committee has been working on this since March of this year where his office has been in attendance. That’s three months of discussion and it being on the Corporation Council’s radar.   Regardless, we appreciate Corporation Council’s efforts here. Whether willingly or not, they provided the council with the information that they needed to move this ahead.

In order now for the referendum to be placed on the ballot, the council will need to pass through the resolution for referendum tomorrow, and a public process as described above must take place. All of which needs to be accomplished by the end of August in order for it to be submitted to the Board of Elections.

* Clarification:   Watching for many months in this case, we have seen the Water Powers change go from a local law change, to a referendum to a combination of the two. As citizens, we depend on the good advice of our elected and appointed officials to understand the proper process. 

We received a communication from Corporation Council Andrew Zweeben who said that we had misrepresented what he said at the last Public Safety/General Government committee meeting (see above and below).  On the subject of the speed of the referendum,  what he was referring to was that it was quick to draft an amended local law in just one week (5 days) which is true and he would have preferred more time to do so.  Given the tight deadline to get this passed and onto the ballot in November, it is the case. We apologize for the misunderstanding. 

 

You can view video from last evening’s meeting:
11:16 – 17:08   Resolution 134
“Amend charter to authorize public referendum re: Water Powers”

Tonight (June 2nd),  the Common Council will vote on whether or not to pass a resolution for a referendum. If it does, the first reading of the proposed amendment will take place for the clock to start ticking.

Citizens are encouraged to speak tonight to support (or not) of a referendum for the November ballot.  Public Comment will begin tonight at 7:30pm. Please arrive 10 minutes early to secure a seat and to sign-up.  This event will be filmed thanks to Kingston News.

Kingston City Hall
Council Chambers
420 Broadway
Kingston, NY

WHAT TO EXPECT: Kingston Common Council Caucus (6/1) and Kingston Common Council Meeting (6/2)

 

Monday, June 1st, 2015
Kingston Common Council Caucus
7:00pm
Conference Room #1
Kingston City Hall
420 Broadway, Kingston

Tuesday, June 2nd, 2015
Kingston Common Council
7:30pm
Council Chambers
Kingston City Hall
420 Broadway, Kingston

Both meetings will be filmed. 

 

By Rebecca Martin

At last week’s Public Safety/General Government Committee meeting, a resolution for a referendum to be placed on the ballot in November passed unanimously through to the Common Council. The referendum, if approved by a full Council vote, would give the public the opportunity to vote on whether or not to amend the charter to include the Common Council for “Water Supply Outside of City”.

In Section C11-5C (Water Supply Outside of City), it says: (C) Such sales or sales must be approved by the New York State Water Power and Control Commission” (the NYS Water Power and Control Commission today is the Department of Environmental Conservation aka DEC).  The referendum would ask the public to approve or not the inclusion of the Common Council,  “and the common council.”   That simple amendment would give the public a say as to water sales outside of Kingston’s city limits.  Additionally, Kingston would automatically be an “Involved” agency in SEQR in the case one were ever triggered again.

In the meantime, the public’s water would have a layer of protection that would allow for thoughtful policy to be developed for sustainable growth and economic development using this precious public resource.

This is one of many steps that need to be taken in order to help protect Cooper Lake and our watershed as a whole.  But by assuring that the sale of water outside of our small, local municipality includes our Common Council – it is a significant one.

WHAT TO EXPECT: June 1st 

Caucus (Monday, 6/1), which is a public meeting of supporters and members of a specific political party (in Kingston, our nine alderpersons are made up of eight democrats and one republican), occurs each month the evening before the full Common Council meetings. Much discussion is generally had on all agenda items, as well as often, conclusions as to which way council members will cast their vote the following evening. There isn’t a sign-up for public comment during Caucus, however you may contact Matt Dunn, the Council Majority Leader (see email address below), if you wish to be added to the agenda. For those who can attend caucus,  it is always enlightening and in this case, and if added to the agenda, will help you to better understand the dynamics that surround this issue.

 

WHAT TO EXPECT: June 2nd

It is very important that the public plan to attend the Kingston Common Council meeting on Tuesday, June 2nd to speak in support of the public referendum as described above if you are in favor of it.  Please consider to thank the Public Safety/General Government Committee for their leadership role here and on passing the resolution for referendum through to Council. Request that the City take any necessary steps to make a referendum possible for the November, 2015 ballot.  A public comment period begins shortly after 7:30pm. Please arrive 10 minutes early to sign-up to speak.   Keep your comments succinct, respectful and no longer than 3 minutes in length.

If you cannot be in attendance next week but wish to share your thoughts with city officials regarding this matter, with “REFERENDUM:  Water Supply Powers” in the subject.

 

Mayor Shayne Gallo
sg****@*********ny.gov
(845) 334-3902

Alderman-at-Large James Noble
jn******@*ol.com
(845) 331-4696

Matt Dunn, Ward 1 and Majority Leader
wa***@*********ny.gov
(845) 541-8880

Brian Seche, Ward 2 
br***@***he.net
(845) 335-5971

Brad Will, Ward 3
bb********@***il.com
(845) 616-8664

Nina Dawson, Ward 4
wa***@*********ny.gov
(845) 616-8592

Bill Carey,  Ward 5 
ki************@***oo.com
(845) 339-1361

Elisa Ball, Ward 6
wa***@*********ny.gov
(845) 430-8521

Maryann Mills, Ward 7
mm********@*ol.com
(845) 331-7682

Steven Shabot, Ward 8
wa***@*********ny.gov
(845) 338-5060

Deb Brown, Ward 9 and Minority Leader
dj*******@*****il.com
(845) 338-0763

Additional Reading from KingstonCitizens.org:

Resolution for Referendum Passes Unanimously Through Kingston Public Safety Committee

Moving Towards a Referendum

Powers for Sale of Water Outside of Kingston Put to Referendum? We Say Yes!

Checks and Balances. Amend Charter to Include Kingston Common Council in Certain Water Sales.

Niagara Bottling Proposal Timeline: 116 Events

 

Resolution for Referendum Passes Unanimously Through Kingston Public Safety Committee.

11059681_10204268216927513_9157082644927220106_n

By Rebecca Martin

“We forget that the water cycle and the life cycle are one.” – Jacques Cousteau

Tonight, Kingston’s Public Safety/General Government Committee passed a resolution unanimously for a referendum that would include the Kingston Common Council for any water sales outside of Kingston’s City Limits.

WATCH VIDEO OF LAST NIGHT’S REFERENDUM DISCUSSION

Why is this important?

First,  a referendum would allow the City of Kingston residents to vote on whether or not it should have a voice in water sales outside of our community. Cooper Lake, our reservoir that resides in the Town of Woodstock, is Kingston’s responsibility to manage for its residents and our neighboring communities.

As we learned with the Niagara Bottling proposal, the water department that was organized in 1895 designed to keep politics out of water couldn’t have imagined the politics that would emerge through the interpretation of their original intention. Or climate change. Or water bottling companies. Or fracking. Or any other large extractions of water that would bring great profits to some while potentially decimating the locals ability to grow and to prosper.

Today, we are living in a very different time with the opportunity to reform the way our natural resources are managed. We owe it not only to ourselves, but to municipalities who are also impacted by our decisions and counting on Kingston to be good stewards as we proceed into the future.

Second, throughout the Niagara Bottling proposal, we were told that the City of Kingston hadn’t a seat at the table in the SEQR process because of the Charter. The Town of Ulster, who was hoping to attract Niagara to their community, relied on Kingston’s water in order for them to do so. It took many months of hard work to make the SEQR process a public one and even then, the city of Kingston had no right to be an ‘Involved’ agency.

We will support our Common Council to correct that in November and are pleased to speak more on the subject here all summer long to help the public to make an informed decision.

While we are all at it – the Kingston Water Department needs to do an up-to-date safe yield using climate change modeling.  Simply put, a safe or dependable yield projection is the amount that you can safely remove from a reservoir that can be naturally replenished within a certain amount of time.   6.1 million GPD (gallons per day) was what it was over 50 years ago. We are using close to 4.5 million GPD now.  It’s a ‘come to Jesus’ moment and time to apply modern strategies to our knowing.

A big thanks to Common Council members Bill Carey, Deb Brown, Matt Dunn, Brad Will, Steve Schabot and Brian Seche for three months of discussion. Your support tonight as a result is greatly appreciated.

Thanks, too, the Kingston’s Corporation Council for their support in helping us find a way to move this referendum through to the next step.

What’s next? This evening’s vote will result in a public referendum in November provided that the full Common Council votes in favor of the amendment in June, and the Mayor signs the legislation.

Please stay tuned and involved. There is more work to do.

 

RECOMMENDED READING:

Water Follies by Robert Glennon  (thanks Candace!)

 

Moving Towards a Referendum.

Screen Shot 2015-05-22 at 1.05.06 PM

CITIZEN ACTION: Attend the Kingston Public Safety/General Government Committee Meeting TUESDAY, MAY 26th at 6:30pm at Kingston City Hall (Conference Room #1) where a Public Referendum will be discussed on Including the Common Council in Municipal Water Sales Outside of Kingston’s City Limits. VIEW FACEBOOK INVITATION and please share.

By Rebecca Martin

In the news now for a couple of months, it has been reported that members of the Common Council led by the Public Safety/General Government Committee that is chaired by Alderman Bill Carey of Ward 5, wish to explore options to include the Common Council in sales of municipal water outside of Kingston’s boundaries.

In this week’s Kingston Times, our own Mayor is called a ‘formidable opponent’ against the work of creating a referendum.

“…the charter change would need approval from State Lawmakers, since they passed the enabling legislation to create the water department. Such approval is unlikely to be granted.” Said Gallo.

He also shares the concerns of the water department’s founders about political interference with a vital resource. 

“They may be well-intended,” said Gallo. “But it would do nothing but politicize the issue, which is what the state legislature was trying to avoid when the created a separate system.”

Kingston Times READ ARTICLE.

What the Mayor is referring to, is how the Water Department was set up in 1895 to protect the public. 120 years ago – and long before water bottling and other enormous water uses that may or may not benefit the people was in their purview.

We’re not asking that a referendum be placed on the ballot to change the organization of the Water Department/Water Board of Commissioners. We are requesting that a referendum be moved forth that simply includes the Kingston Common Council in sales of the PEOPLE OF KINGSTON’S PUBLIC WATER SUPPLY outside of the City of Kingston.  In essence, to allow the residents of Kingston to have a say in how its municipal water is used outside of the community. Reform that would protect the public, in line with adhering to what those long ago intended.

By implementing better checks and balances in this way, that we have all learned are necessary thanks to the Niagara Bottling proposal (a project that wanted to set up in the Town of Ulster using Kingston’s municipal water source from its reservoir located in the Town of Woodstock to bottle and to sell in the NE), the public would have an important seat at the table.

As to politicizing the issue,  do some of our elected officials not trust the public to choose what is right for their community?  We don’t agree with the Mayor’s take here. His opinion is but one, and although it is important, it should not trump all else. Lets get the language right, and let the people decide. That is democratic.

It is disingenuous for the Mayor to suggest that the process isn’t already political. What about appointees to the Water Board of Commissioners? Did you know that the Mayor has the sole discretion to appoint members without any oversight? Not only could the Mayor’s appointments be considered political, without full fair and open discussions about the appointments with the public, the lack of transparency and direct Democratic accountability could also be viewed as unethical.

Please see the Niagara Bottling TIMELINE for a refresher on exactly how politics in this case were used to work against the public good in our opinion.  Thankfully, we learned our rights and implemented them.   We will do the very same thing in this case.

You can also view a video from early in the Niagara effort where the Town of Ulster Supervisor James Quigley gives an Oscar winning performance.  (No politics at work here)

 VIDEO  / TRANSCRIPT

In ‘Revising City Charters in NYS’ it lays out the requirements for ‘Charter Revision by Initiative and Referendum’.   You can read the document by clicking on this LINK.

On Tuesday, May 26th at 7:00pm (Kingston City Hall, Conference Room #1) the Public Safety/General Government Committee will meet to discuss such a referendum. Members of the council have requested our Corporation Council to be prepared with information on the steps the Council must take.

This is another one of those moments where we are asking the public to attend and witness.  Committee meetings do not have a public comment period like the council meeting does. Your presence next Tuesday will be meaningful in support of our council members as they work to move the referendum out of committee and on to the next step.

 

ADDITIONAL READING FROM KINGSTONCITIZENS.ORG

Powers for Sale of Water Outside of Kingston Put to Referendum? We Say Yes.

Checks and Balances: Amend Charter to Include Kingston Common Council in Certain Water Sales.

 

 

 

Powers for Sale of Water Outside of Kingston Put to Referendum? We Say Yes!

d107reflbbyplcrd

During the Niagara Bottling proposal, Kingston citizens and the Kingston Common Council came up close and personal to a glaring problem that it had not ever contemplated.

The Town of Ulster, a neighboring municipality,  wanted to bring a national bottling company to set up shop in Ulster using Start-Up NY tax abatements (and at least one other grant source) to bottle and to sell municipal water that, ironically, was not theirs.

Cooper Lake – the water body in the midst of the debate – is a reservoir owned by the City of Kingston located in the Town of Woodstock. The proposal didn’t just involve the forementioned,  but a hand full of other municipalities due to proposed wastewater discharges from the site into the Esopus Creek.

As for Kingston, outside of the Kingston Water Department (KWD), the residents (whose water and infrastructure it was) were not an ‘Involved’ agency in the SEQR process due to the KWD being independent and the charter being worded as it currently is.  It took months of hard work to simply be included as ‘Interested’ agency which in the end, gave us all little to no say at all (particularly in determining  ‘Lead Agency’ where you must be ‘Involved’ to be included in making that decision). A tremendous effort ensued, and the public prevailed.

Recently, we created a post called CHECKS AND BALANCES: AMEND CHARTER TO INCLUDE KINGSTON COMMON COUNCIL IN CERTAIN WATER SALES.  Since that time, we have learned that an amendment to the charter would require a referendum. If the council and citizens can swing it, by the fall of this year.

In Section C11-5C (Water Supply Outside of City), it says: (C) Such sales or sales must be approved by the New York State Water Power and Control Commission.” (that today is the DEC).  What may be proposed in a referendum are to include four simple words to this section:  “and the common council.”  That right there, would give the public a say as to its water supply outside of Kingston’s city limits.  Additionally, Kingston would be an “Involved” agency in SEQR in the case one were triggered. In the meantime, the public’s water would have a layer of protection that would allow for thoughtful policy to be developed over time for sustainable growth and economic development using this precious public resource.

VIEW our event page to stay informed on the upcoming Water Referendum.

 

Checks and Balances: Amend Charter To Include Kingston Common Council in Certain Water Sales.

Screen Shot 2015-05-01 at 8.34.50 AM

By Rebecca Martin

In yesterday’s Daily Freeman, there was a report on the desire of Council members to have ‘Authority over City of Kingston’s Water Supply” that could be subject to public vote.

At a recent Public Safety/General Government committee meeting, Ward 5 Alderman and chair of the committee Bill Carey introduced a resolution to amend the City Charter.  But City of Kingston Assistant Corporation Council Dan Gartenstein told the Committee that “they could not make the change through a resolution. He said the state’s Municipal Home Rule Law would require a public referendum be held because the council essentially would be expanding its powers.” Currently, the only public official who has any authority in the matter is the mayor, who sits on the city’s Board of Water Commissioners.

What we have learned over the past decade is that Government is more efficient when proper checks and balances are in place. In Kingston, one of the hardships of the Niagara Bottling project was the council not having a voice in the sale of an enormous amount of the community’s municipal water, leaving many questions in the way of science and modeling, climate change, safe yields, economic development and other critical aspects nearly impossible to challenge.

The Public Safety/General Government Committee was looking to explore an avenue that would include the Common Council in future certain sales of water.  Given the time it would take to update the charter in its entirety (which we would advocate for) a simple amendment as we understand it would give the council – and in turn the citizens – a seat at the table as Involved for any large sales of water outside the City of Kingston.

The Steps

1. All that appears to be required that is most minimal, targeted and yet comprehensive would be to adopt a local law to amend Section C11-5C (Water Supply Outside of City) of the Charter in the following way (and only adding four words that are underlined below):

“C:   Such sale or sales must be approved by the New York State Water Power and Control Commission (today is known as the DEC) and the Common Council.”

2. We found that based on Section 23 of the Municipal Home Rule Law (that list local laws requiring referendum) that it doesn’t appear that a local law passed by the Common Council to amend the Charter to provide for some form of Council approval of certain sales of water would be subject to a mandatory referendum. Section 23 of the Municipal Home Rule Law has the list of local laws requiring referendum, and we didn’t find anything close.

3. If this is correct, the Public Safety/General Government Committee could request that the Council adopt a local law that would amend the section. Once moved out of Committee, the Council would read the amended local law at their next meeting and vote the following month, giving the public 30 days in between for a chance to weigh in.

VIEW: Laws of 1896 and 1895: