New water bottling plant inquiries in Town of Ulster in 2024

By Rebecca Martin

Last month, we received a call from a resident who learned that the Town of Ulster was facilitating discussions with a water bottling plant poking around Enterprise Drive and Boices Lane.

A decade ago, the proposed Niagara Bottling project abandoned its controversial plan to build a plant near TechCity that would have drawn water from the city of Kingston’s reservoir after a five month long coalition effort led by KingstonCitizens.org.  “Any impact that we might have made is a reflection of strong resolve, partnerships, commitment, patience and perseverance by us all. It is a great illustration of Democracy at work in the Hudson Valley.” we were quoted saying back then. KingstonCitizens.org went on to change the water powers law with a referendum to protect the Kingston community in November of 2015.  The coalition of partners included The Woodstock Land Conservancy, Riverkeeper, Esopus Creek Conservancy, Food and Water Watch, SaveCooperLake.org, Catskill Mountainkeeper, NYPIRG, The Wittenberg Center, Mid-Hudson Sierra Club, Red Hook Conservation Advisory Council, Clark Richters and Kingston News, SUNY Ulster Environmental Club, Scenic Hudson, Sustainable Saugerties, Slow Food Hudson Valley, Town of Woodstock, Town of Red Hook, City of Kingston Common Council and Conservation Advisory Council and Kingston and Woodstock NY Transition.

Recently, with the support of our sister group the TownOfUlsterCitizens.org, a FOIL request was submitted to learn as much as we could about a proposed water bottling plant in 2024 before alerting City of Kingston officials and our independent water board.  What we learned was that although some water tests were requested by the unknown company, according to Supervisor James Quigley, the project was thought to be “dead”.

In 2014 and 2015, the City of Kingston residents unambiguously told our local, county and state officials that we don’t want our municipal drinking water to be bottled and sold. Also, it is even clearer today that current climate conditions (such as recurring and more severe droughts) and the unrelenting growth of the bottled water industry are masking our current water crisis and hindering efforts to provide reliable drinking water for all.

We remain vigilant.

RESOURCES: 

WATCH:  August 14, 2024:  Kingston Water Board discusses, briefly, KingstonCitizens.org’s outreach and Supervisor James Quigley’s FOIL response letter.  “Water tests were requested, but no application was submitted. It was a non-starter at this time.”

READ:  KingstonCitizens.org letter to the Kingston Water Board re: a Potential Water Bottling Plant/Facility in the Town of Ulster in 2024

READ:  Supervisor James Quigley’s FOIL letter response

The City of Kingston’s drinking water supply is Cooper Lake

Photo credits: Kevin Smith, Woodstock Land Conservancy 8/24/22

By Rebecca Martin

Cooper Lake is located in the Town of Woodstock and is the largest natural lake in the Catskill Mountains. It stores water from the Mink Hollow Stream in addition to water that reaches the lake from its nearly 9 square-mile watershed. 

It is also the City of Kingston’s primary drinking water source. 

The City of Kingston Water Department was founded on May 27, 1895 by a special act of the New York State Legislature to provide potable water to the residents of the City of Kingston. It is a financially and administratively independent department within the City of Kingston funded by drinking water users (and not tax dollars) and is governed by the Board of Water Commissioners. The Board is a continuously sitting body and each member is appointed to a five (5) year term by the Mayor. The Mayor is also a voting member of the Board and the Kingston Common Council assigns a liaison in January of each year to monitor their business. 

The Early History of Water, Woodstock and Kingston by Richard Heppner

Our area is in the midst of a drought. At the same time, important dam construction at Cooper Lake is underway in order to bring the dam into compliance to meet the New York State Department of Environmental Conservation (NYSDEC) regulations. It’s a project that’s been in the works for many years.

In preparation, last July Cooper Lake was lowered by 10 feet below its maximum capacity and that level must be maintained throughout the dam work that is scheduled through November of 2023. The process began before our current drought emergency that has escalated and was raised to Stage II on August 11.  

At times like these, Kingston is fortunate to have a secondary drinking water source – the Ashokan Reservoir. Many communities that I work with haven’t got a plan B. Although the infrastructure is not yet connected, the New York City Department of Environmental Protection (NYCDEP) has run pipes under Route 28 at Basin Road and part way down Sawkill so that the Kingston Water Department would be able to tap into the reservoir if they ever needed to. They never have –  until now. 

In the early 2000’s, the Town of Ulster signed a long standing agreement to purchase 700,000 gallons per day (GPD) whether they used all of it or not from the Kingston Water Department making them one of our largest drinking water users. That agreement was recently brought to a halt because of the seriousness of the drought. Now the town is working to provide Kingston with 200,000 GPD to help us through this critical time, even when they are also experiencing drought conditions and cut-backs.  The residents in the Town of Ulster deserve our gratitude.

Kingston Water Department and “surplus water”

Nearly 10 years ago, the City of Kingston was on the brink of selling 1.75 million GPD of our municipal drinking water supply to the California based company Niagara Bottling at Tech City in the Town of Ulster.  Had they succeeded, they would have secured their first large drinking water bottling facility in our region and would have taken every drop for all the years they were here to bottle and to sell. For those following the changes at the Tech City site, Niagara would have likely impacted the recent trajectory of any progress seen today. And given Niagara’s track record, we might have been in a heap of trouble now. It’s one thing to negotiate with your neighbors. It’s a whole other matter to do the same during drought conditions with a corporation who have savvy lawyers and deep pockets. Luckily, with the support of many community members, organizations and elected officials, we nipped that proposal in the bud in just five months and sent Niagara packing.

Side bar: We still have Niagara Bottling on our google alert. We’ve been following them around the country for the last seven years and share information about our strategies with municipalities interested who are struggling as we were. We’ve had some success, too – in communities located in Texas and Wisconsin.

Back in 2014 when Niagara was a looming threat, we learned about Kingston’s safe yield (by definition, the safe yield of any water supply is the maximum dependable water supply that can be withdrawn continuously from a supply during a period of years in which the driest period or periods of greatest deficiency in water supply is likely to occur) being 6.1 million GPD. For Kingston’s drinking water supply, that period continues to be the drought of 1957 that lasted 3 months. Kingston’s safe yield was said to be accurate when we inquired. We were told changes were slow. 

Also in 2014, community member’s concerns were said to be “hysterical”, as the City of Kingston had surplus water to sell and the East Coast was water rich.  Their messaging gained no traction with us.

Here is some interesting data from old posts about droughts in the Hudson Valley:

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Given the recent trends, is it time for us to take another look at our safe yield and consider climate? I think so. Although Cooper Lake was reduced 10 feet to its maximum capacity last year for important dam work, it seems clear that no one anticipated a drought a year later that would exacerbate our current situation.

Drinking Water Budgets

There is such a thing as drinking water budgets, or an accounting of all the water that flows into and out of a project area. The Kingston Water department once told us that they have one. Through our FOILs in 2014 and 2015 we never successfully acquired a copy.  If our safe yield is 6.1 million GPD then we don’t want to overuse or over promise what we can deliver.  A water budget keeps track of our current residential and business use and should also take into account future development project commitments.

In a report from 2007 for the proposed Hudson River Landing Development, it stated that the City of Kingston had a daily water usage of 3.28 million GPD.  In 2014, we were told that that number increased to 3.5 million GPD. Where are we today?  Outside of our own concerns about drought and drinking water, how does Cooper Lake’s current levels inform us about groundwater resources and the rapidly dropping water table area-wide? What about our neighbors public supply wellheads and thousands of private wells?

We’re sharing these photos – thanks to Kevin Smith of the Woodstock Land Conservancy – to illustrate that this crisis is real. The photos speak for themselves and it’s heartbreaking to see this natural waterbody in such a state. Beyond that, the water that flows through your pipes to your home or business is treated drinking water from Cooper Lake meant to keep you nourished and alive. At the very least, it’s a teaching moment. We shouldn’t ever take drinking water for granted. 

Our drinking water supply levels are a real emergency. Follow the requests from City of Kingston officials and be mindful every day of how you borrow from Cooper Lake. Consider everyone and everything.

In addition to previous mandatory restrictions on water usage, the following measures will be in effect:

  • NO use of water from the KWD to fill or maintain the water level in any swimming pool.
  • NO use of water from the KWD to water any lawn, golf course, ornamental shrub or plant, except that water may be used to irrigate, from a hand held container only, vegetables or fruits grown for human consumption.
  • All air conditioning systems utilizing water from the KWD should be operated only in accordance with hourly restrictions established by the Superintendent.
  • All large, nonresidential water consumers must immediately reduce usage by at least 20%.

VIDEO: City of Kingston Water Department Host Public Information Session on Dam Project.

By Rebecca Martin

Tonight, the City of Kingston Water Superintendent Judith Hansen gave a thorough presentation to explain the phases and costs of the Cooper Lake Dam Project. We were pleased to learn that the city is in contact with the Town of Woodstock (an important partner where Kingston’s water supply is located) and also, that the worst case scenario for water rate increases is only approximately $79.81 PER YEAR for average users and $37.42 PER YEAR for minimum user. That’s a couple tanks of gas per year for a once in a century drinking water infrastructure investment.

Kingston is fortunate to have the drinking water supply that it does. It is some of the best drinking water in the state (if not the world).

“Most people pay $200 per month for cable ($2,400 per year), Natural Gas / Oil ($1,700 year per year) Cell Phones @ $100 per month ($1,200 per year), Electricity ($1,100 per year). The Kingston Water Department is asking residents to pay less than $500 per year for something that they can’t live without” said Water Superintendent Judith Hansen.

Still, for most on a tight budget any increase can create a hardship. A Home Water Assistance Program like the one that the New York City Department of Environmental Protection offers, “…is an initiative to make water and sewer bills more affordable for low-income homeowners.” A similar bill is making its way through NYS currently which is good news for everyone.

In the meantime, thanks to the Kingston Water Department and Board for their hard work and efforts.

Filmed by The Kingston News and brought to you by KingstonCitizens.org.

Overview of Kingston Water system
1:46 – 8:26

Cooper Lake Dam: Project Drivers, Project Goals and Elements, Dam Rehabilitation Site Plan (Main Dam, West Dike), Construction Stating and Cofferdam, Cooper Lake (1957 Drought, Temporary Construction Level, Historial Elevation), Ashokan Reservoir Connection, Temporary Ashokan Reservoir Connection, Completed/Ongoing Permitting Items, Project Phasing, Engineers Opinion of Probable Construction Cost,
8:40 – 35:20

Ward 2 Alderman Doug Koop (Chair, Finance Committee)
“How are we going to pay all of this?”
35:25 – 35:37

Town of Woodstock Supervisor has been contacted. A presentation is being planned to occur at their community center.
35:38 – 36:40

Financial Implications
36:44 – 51:30

* Town of Ulster (ToU) purchases 700,000 GPD. ToU can make their own water. The city could ask that the ToU use their own supply, and send us 300,000 back.

* Purchasing raw water from the Ashokan Reservoir current rate is $1,800 per million gallons.

* The Dam project will cost an estimated $12 million (+ or -).

* 2019 Water Department budget is $4.8 million, most from the sale of water (94%). Every $45k in spending creates a 1% increase in rates.

* $250k per year are taxes paid out to the Town of Woodstock.

* There are not grants available to fix dams. Phase 1 and 2 fortunately (totaling $7m of the $12m required) is for drinking water supply work. There is funding available for that portion via WIIA and DWSRF.

* If the city were to bond the full $12m (which is unlikely) @ 3.5% for 20 years would create a 19% increase in water sales. The would mean that the average family user increase is $79.81 per year. The minimum bill payer increase of $37.42 per year.

Putting it into perspective.
51:34 – 52:31

“Most people pay $200 per month for cable ($2,400 per year), Natural Gas / Oil ($1,700 year per year) Cell Phones @ $100 per month ($1,200 per year), Electricity ($1,100 per year). The Kingston Water Department is asking residents to pay less than $500 per year for something that they can’t live without.” – Water Superintendent Judith Hansen

Town of Ulster Supervisor Jim Quigley
52:38 – 54:01

“Any consideration for financial impacts of users using less water to save money?”

Lincoln Park Grid Support Center (a Gas-Fired Power Plant proposed in the Town of Ulster) and SEQR.

 

Citizen Call To Action 

Please attend the upcoming Town of Ulster (ToU) Regular Town Board Meeting on Thursday, December 21st at 7:00pm and request the following during public comment (*)

  1. Support the Town of Ulster Town Board to declare a positive declaration for the proposed Lincoln Park Grid Support Center project.  VIEW our Facebook Event
  2. Suggest that the proposal that seeks to reconnect natural gas infrastructure consider creating a 100% renewable project with battery storage.

(*) Citizens are invited to give public testimony at the beginning of the regular ToU Town Board meeting on any items that are listed on the agenda (at this time, the agenda is not yet posted. We will update the public on our Facebook event page when it is available.  Please ‘like’ our event for updates VIEW). Citizens will have another opportunity to speak that evening on items not on the agenda at the end of the Town Board meeting.  We ask that citizens be respectful when addressing the Town Board, and particularly those who do not live in the municipality.  Keep your testimony to 3 minutes or less. 

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On Thanksgiving day while making a holiday meal for friends and family, I received news from a guest that a gas-fired power plant had recently been proposed in the Town of Ulster.

“Fracked gas” they said.

In addition, the Town of Ulster had its regular Town Board meeting a few days prior to the Thanksgiving holiday where the applicant and consultant gave a short presentation followed by the Town of Ulster making a request to be Lead Agency in SEQR (State Environmental Quality Review). That gave Involved Agencies only a 30 day window starting before one holiday to another (figures) to dispute their request, if applicable.

After eleven years, I had planned to step away from my volunteer work at KingstonCitizens.org to focus my efforts solely on my part time position in Water Quality at Riverkeeper (which I love, by the way) and my music career, come 2018. The news certainly dashed my plans.  The balancing act continues!

A peaker project in the Town of Ulster.  It wasn’t unfamiliar to me. In February of 2015, when Niagara Bottling pulled their proposal from a Tech City location in the Town of Ulster,  I remembered hearing rumors of such a project and thinking to myself that after coordinating an intense five month citizen campaign and now having to find a way to move a timely charter change to address water powers with a referendum in the fall of that year, I’d have to come back to it if or when it appeared.

In November of 2017, here it was.

Didn’t Ulster County just recently install a large solar array near this location (and that feeds into the Lincoln Park substation, the same substation that would be used by this proposed project)?  Furthermore, in December of 2016, Ulster County was prominently featured by National Geographic  to highlight some of the County’s environmental achievements.  That’s international coverage. So how would a natural gas power plant fit into our progress? Who attracted a midwestern company to come to the Town of Ulster with such confidence to propose such a thing?  At the December 7th Town or Ulster Town Board Workshop meeting during public testimony, a citizen called it a ‘tale of two cities’. “How do you have a solar array project on one end of a property and a natural gas power plant on the other?”

READ the Environmental Assessment Form (EAF)

I’m about to get into a whole bunch of technical stuff to the best of my ability, only because I want readers to understand how the coalition letter came to pass as well as our call to action.  SEQR is nothing new. I’m hoping that you will recall some of this language from the Niagara Bottling and/or the Pilgrim Pipeline proposals.  If you need a refresher, you can go here  VIEW

In the project’s environmental assessment form (link above), the “Lincoln Park Grid Support Center” is described, in part, in this way:

“The Applicant, Lincoln Park DG, LLC, is under contract to acquire three tax parcels between NYS Route 32 and US Route 9W in the Town of Ulster which total 120.92 acres, and proposes to construct the Lincoln Park Grid Support Center on a 4± acre portion of the property, with access from Frank Sottile Boulevard. The proposed facility is a natural gas-fired power plant that will supply power to the electric grid in the region….The facility will include a system of containerized batteries and a reciprocating engine generator system that is fueled by natural gas, with the capability to use on-site diesel when the gas supply is disrupted. The generator system will be housed within a steel Butler building and will require two exhaust stacks for combustion emissions which will be a maximum of 100 feet in height. The system will be available to the grid 24 hours a day and will operate based on the needs of the grid, with very little operation on some days and continuous operations on other days. The facility is expected to operate an average of 6 to 14 hours per day. Fuel combustion will result in primary emissions of carbon dioxide (CO2), nitrogen oxides (NOX), and carbon monoxide (CO), and will require an air permit from the NYSDEC. Some ancillary waste will also be produced including used lubricating oil and reagent as part of equipment maintenance.”

On first glance looking at the list of Involved Agencies, the NYS Department of Environmental Conservation (NYSDEC) seemed the best choice for a project that could be seen as a regional one, with potential environmental impacts that include air emissions, visual impacts, wetlands, the project footprint being within close proximity of a principal aquifer, cultural resources and threatened/endangered species  There might be others. As a local matter, there were potential inconsistencies in the Town’s comprehensive plan and zoning code and concerns of something like this being built only approx. 600 feet away from a residential area.

Once a Lead Agency is designated, they may make a determination of significance for the proposed action (project) as being a positive declaration (pos dec) or negative declaration (neg dec) in SEQR.  A pos dec in simple terms means that the project may result in having one or more significant adverse environmental impacts, triggering a full scoping process (to identify all of the potential impacts) with opportunities for public comment and then for appropriate studies to be identified and paid for by the applicant.   A neg dec, means that the proposed action benefits “outweigh its adverse impacts” and would move the project to its site plan without any public comment. As a side note, a neg dec allows the applicant to apply/secure any public funding that might be available to its project.

Read more…

Historic Water Sales Referendum Passes in Kingston: 3,625 to 737

Cooper Lake Woodstock NY Photo credit: Corinne Gerval
Cooper Lake
Woodstock NY
Photo credit:
Corinne Gerval

“Rebecca Martin, founder of KingstonCitizens.org, said the decision was an important one. The group has been a strong proponent of the measure. “Congratulations to the citizens of Kingston for taking this important first step in protecting their water by voting ‘yes’ on the water sales referendum,” Martin said via email Tuesday night. “KingstonCitizens.org wishes to thank the leadership of the city of Kingston’s Common Council and our partners, including Kate Hudson of Riverkeeper, Kevin Smith of the Woodstock Land Conservancy and Mary McNamara of the Esopus Creek Conservancy.”  – The Daily Freeman

READ: Four Reasons to Vote Yes on the Water Sales Referendum on Tuesday, November 3rd.

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

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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

A Citizen’s Rights Regarding NYS Open Meetings Law on Use of Recording Devices

oml

By Rebecca Martin

At the last Water Board Meeting, a board member made a motion to “Make sure that those who record meetings notify us prior to doing such action and that we have a record of those doing such.” 

In other words, you can’t record their meetings unless you alert the board in advance and then, submit some form of paperwork to be determined.  It passed through unanimously and their Lawyer, Bill Cloonan, clarified and obliged (see video below. Starts at 7:31  and ends at 9:18).

What the board and their lawyer may not have realized is that what they requested was against NYS Open Meetings Law on recording devices.

Jennifer Schwartz Berky, KingstonCitizens.org’s Policy and Planning advisor, called Albany to confirm that this was the case, and crafted a letter to the Water Board requesting that they overturn the motion based on judicial precedents (see below).

Citizens have the right to record all city meetings, and as it pertains to the water board – we will continue to do so until the end of time. Or until at least the City of Kingston does it themselves.  Water management is just too important for us not to.

We hope that this instance helps to inform the public on their rights in this case.

Read more…

Water Sales Referendum will appear on the BACK of the ballot in the November 3rd General Election in Kingston, NY.

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Monday, October 19, 2015

FOR IMMEDIATE RELEASE

A Water Sales Referendum will appear on the back of the ballot in the November 3rd General Election in Kingston, NY. KingstonCitizens.org encourages Kingston voters to get out and vote ‘yes’ on what would be a positive and historic charter revision on the municipal water protection front for the community, and the region.  

Kingston, NY – A Water Sales Referendum to include the Kingston Common Council on all sales of water outside of the City’s corporate boundaries will be on the back of the ballot during the General Election on November 3, 2015.  Polling places are open on that day from 6:00am – 9:00pm.

Over the past year, citizens of Kingston and the region faced a potential threat to its water and watershed during the Niagara Bottling Company’s attempt to purchase a significant share of Kingston’s municipal water supply. During a State Environmental Quality Review (SEQR), it was further revealed that the Kingston Water Board — a four – five member group appointed by the sitting Mayor of Kingston (who is also a member of the group) — was independent of City Government and had the sole discretion to approve such a sale. This decision making body’s power excluded Kingston’s Common Council and, therefore, all citizens of Kingston from the decision making process.

Read more…

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…

Water Powers Public Hearing on Thursday, July 23rd at 10:00am

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A great day. The Kingston Common Council sends the Water Powers legislation to the Mayor’s office for a final signature. The decision to do so was unanimous after each reading (there were two).

By Rebecca Martin

This week, many anticipate the scheduled public hearing on the Water Powers legislation on Thursday, July 23rd at 10:00am at Kingston City Hall Council Chambers (this event will be filmed).

It is the final step in the process that would include both “the Common Council and the Mayor of Kingston for any water sales outside of the City of Kingston’s corporate boundaries.”   It is expected that the mayor will sign off on the legislation on Thursday, sending it to the ballot as a referendum in November for the public to decide.

It’s our water. We are INVOLVED.

As it is currently written, Water Powers in the City of Kingston’s charter excludes an elected body (although the Mayor of Kingston does sit on the water board of commissioners)  in decision making on how the public’s water supply is sold outside of the city of Kingston. The public’s most valuable resource therefore is in the hands of about five-six people.

If the public votes in favor of the referendum this November,  water sales outside of our corporate boundary will be made with the inclusion of Kingston’s common council. This action will allow the City of Kingston a ‘seat at the table’  in the case of a SEQR review, something that we did not have and that was terribly frustrating last year.

The inclusion of the common council for water sales would give our  community a ‘discretionary decision’ to make as an involved agency in SEQR (we were only an ‘interested agency’ last fall and as you might recall, we had to fight tooth and nail for it.  That hard won status still gave us little to no authority).  As an ‘involved agency’ we would have a say in determining who the ‘lead agency‘ in SEQR would be, creating an important opportunity for the collective community voice.

Taken from the SEQR handbook:

As an ‘involved’ agency, the City of Kingston would be allowed to 

  • Make certain the lead agency understands the extent of the involved agency’s jurisdiction; and
  • Provide the lead agency with observations and concerns about the proposed action and its potential environmental impact so the lead agency may consider them in making a determination of significance.

When a lead agency has made a negative determination of significance (negative declaration) each remaining involved agency may make its final decision on the action after completing any other required procedures.

When a lead agency has made a positive declaration each involved agency could:

  • Participate in scoping, making the lead agency aware of that agency’s concerns and technical requirements identify potential significant environmental impacts and suggest alternatives and mitigation;
  • Assist the lead agency in reviewing a draft EIS for adequacy, if requested;
  • Participate in any hearings, as appropriate;
  • Provide formal agency comments during the public review period;
  • Assist the lead agency in responding to substantive comments on the final EIS, if requested; and
  • Prepare the involved agency’s own separate SEQR findings before making its final decision.

An involved agency can also influence the determination of significance by the lead agency.  All involved agencies are encouraged to submit comments during the coordination period. Comments that deal with an agency’s specific area of interest or jurisdiction are especially appropriate. 

It’s an important safeguard, particularly when municipal water is involved.

Oversight and Transparency. 

The City of Kingston is fortunate for many reasons – one of which is that it has its own water source.  In amending the charter and including the common council as a determining body in water powers, some are concerned of political antics intruding upon their sales.  But this inclusion isn’t about personalities,  as council members and those in executive office come and go.  This is about making certain that policy and the law are applied for decision making as it pertains to our water and water infrastructure.

In the spirit of community and in seeing our region prosper, with proper oversight, good science, climate change modeling and all other matters we can help to support sustainable economic development while placing the health of our watershed and the impacted communities first.

In less than a year from the time that we first heard and spoke out on our concerns of the Niagara Bottling Company’s proposal in the Town of Ulster, the public will have the opportunity to make itself  ‘involved’  in water sales outside of our ever changing community, a voice in the protection of our water supply today and for future generations.

We’ve come a very long way.

Water Powers Amended Legislation Passes Through Council

L/R  Kevin Smith (Woodstock Land Conservancy, Alex Beauchamp (Food and Water Watch), Kate Hudson (Riverkeeper), Heather Schwegler (KingstonCitizens.org), Steve Schabot (Ward 8 Council), Rachel Havens (KingstonCitizens.org/Earth Guardians NY), Aiden Ferris (Earth Guardians NY), Matt Dunn (Ward 1 Council), Deb Brown (Ward 9 Council), Charlie Grenadier (Kingston citizen!),  Rebecca Martin (KingstonCitizens.org), Bill Carey (Ward 5 Council), Jim Noble (Alderman-at-Large), Steve Noble (Environmental Specialist and Mayoral Candidate), Mary McNamara (Esopus Creek Conservancy).

By Rebecca Martin

Last night, the Kingston Common Council unanimously passed through an amended Water Powers resolution.

We will be following up with the Mayor’s office to get a date on the public hearing that is to occur in the next 10 days (the Daily Freeman reported 20) so that you can organize your schedules in advance to attend.   This – after ten months – will be the last meeting of this sort and ask prior to the November ballot.

Thank you for your participation.

READ: Kingston Times Editorial “Moral, Business and the Moral Imperative” by Dan Barton

 

“We are pleased to witness the second reading of the amended local law regarding Water Powers to include the common council in municipal water sales outside of Kingstons corporate boundary this evening. Once passed, the legislation will be on its way to a referendum and a public vote this fall.

Shortly after February 13th of this year, when the Niagara Bottling Company choose not to locate to the area, our community was left with an opportunity to examine our charter and to consider who was to be included in the decision making process for water sales outside of our community.

Since then, KingstonCitizens.org and our great partners – some of which we am pleased to say are here tonight – have had the distinct pleasure to support you, our common council, as you have taken a very important step in identifying a solution to effectively protect the interests of the public whom you represent.  You understand that the more eyes that are watching, the more minds that are aware of how their government functions – the more likely we can expect transparent outcomes. 

Thinking about water and our watershed together as a people and elected/appointed body is new for our community. Some are calling it historic.  That, is now a part of your legacy and its something to be very proud of.

So thank you, to all of our council members and council president for your collective concern, smarts and follow through on this matter. Swiftly, you addressed a glaring item and your action tonight illustrates great leadership to our community.”

– KingstonCitizens.org

 

PUBLIC SPEAKING 

Rebecca Martin, KingstonCitizens.org:   4:38 – 6:55

Alex Beauchamp, Food and Water Watch:  7:00 – 9:10

Kate Hudson, Riverkeeper:  9:21 – 11:05

Kevin Smith, The Woodstock Land Conservancy:  11:07 – 15:59

Jennifer Schwartz Berky:  16:03 – 18:27

Johannes Sayre:  18:34 – 22:34

Rachel Marc0-Havens, Earth Guardians NY:   22:52 – 24:44

Aiden Ferris, Earth Guardians NY:  24:52 – 26:14

 

SECOND READING, COUNCIL SPEECHES. RESOLUTION PASSES!

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Global Trade Deals, Water and You

tpp

By Arthur Zaczkiewicz, MSW

WHAT YOU CAN DO:  A version of the trade “fast track” goes to the senate. Contact our senator NOW. 

WATCH Robert Reich on the Trans Pacific Partnership.

There’s been a lot of chatter on social media sites, in blogs and – more recently – mainstream news sites about “TPP” and “fast tracking.” It has something to do with jobs and it could help or hurt the economy (depending upon who you ask). President Barack Obama is involved, and Democrats and Republicans are gnashing teeth over the darn thing. Ring a bell?

But what exactly is TPP and why should we care?

Without boring you to death, here’s a quick rundown of the Trans-Pacific Partnership (TPP) trade deal:

  • TPP involves the U.S. working with 11 other countries (Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam) to reduce trade barriers.
  • The U.S. Trade Representative states that the “TPP is the cornerstone of the Obama Administration’s economic policy in the Asia Pacific. The large and growing markets of the Asia-Pacific already are key destinations for U.S. manufactured goods, agricultural products, and services suppliers, and the TPP will further deepen this trade and investment.”
  • And further, the USTR says as a group, “the TPP countries are the largest goods and services export market of the United States. U.S. goods exports to TPP countries totaled $698 billion in 2013, representing 44 percent of total U.S. goods exports. U.S. exports of agricultural products to TPP countries totaled $58.8 billion in 2013, 85 percent of total U.S. agricultural exports.”
  • President Obama has worked on TPP for the past six years – but mostly in private with about 600 business leaders and policymakers.
  • Recently, steps to make TPP a reality have been taken up in Congress, and lawmakers have struggled with a variety of proceedual aspects, including the so-called “fast track” policy that gives the President the power to negotiate trade deals (including TPP) on his own authority.

At first glance, TPP sounds like a great idea. It will bring down trade barriers that make it hard for U.S. to export goods to other countries. U.S. companies that would benefit from this include large manufacturers, multinational chemical companies, meat and processed food producers, drug makers and retailers.

Retailers in particular are interested in seeing this pass because TPP would lower the costs of goods they sell, which would boost their profits. And that’s good because two-thirds of our economy is fueled by spending on retail goods and services. And the retail industry is the largest private-sector employer in the U.S. with 42 million Americans working at retail, and in related services.

One key reason retailers are supporting TPP is that consumer spending and behavior is shifting. When the so-called “Great Recession” struck, consumers were essentially traumatized into earning less and spending less. Overtime, as economic conditions improved, shoppers remained cautious. And the consistent, year-over-year sales gains that retailers experienced was suddenly in flux. Consumers are more wary of where and how much they spend, and they are increasingly spending their money on “experiences” instead of on “things.”

And we see the ramifications of this locally. At the local mall, J.C. Penney shuttered its doors (and 75 jobs) due to a softer retail sales market. And Office Depot closed as its competitor, Staples, acquired it and closed stores.

So, who again would want to jeopardize this shaky industry – one that employs so many people? Well, taking down trade barriers is a two-way street. As noted above, the trade deal would help many businesses. But it would also harm many others as well. Such as smaller manufacturers and farmers, which is why Congressman Chris Gibson is cautious on TPP. In a letter to constituents last week, he wrote:

“Last week, I finally had the opportunity to read the TPP. I am opposed to this agreement as it is written currently. I have many concerns surrounding agriculture, small business, workers, the environment, our personal privacy, and national sovereignty. Specifically, I believe the TPP could do the kind of harm to agriculture that NAFTA did to manufacturing in our country, undermining the ability of our farmers to compete with our global competitors. I am confident that if we got a fair trade agreement that put our farmers, small business owners, and workers on a level playing field with our global competitors, we would do very well. The proposed TPP draft would not achieve that goal.”

One example of who would be harmed is local dairy farmers and milk producers, like Boices Dairy. If TPP was passed, the market could be flooded with cheap milk from overseas and our local producers would not be able to compete. Apple farmers would also be threatened. Ulster County is the largest apple producer in the state, which is the second largest supplier in the U.S.

On the manufacturing side, TPP presents more problems than it solves. Last month, Kevin L. Kearns, president of the U.S. Business & Industry Council, said in a letter to council members that since 2000, “the U.S. has lost more than five million manufacturing jobs and 57,000 manufacturing establishments. This lost manufacturing has come at a real cost for America’s middle class. What should be paramount on the minds of our elected officials is how to rebuild this lost industrial capacity. The TPP is emphatically not the answer. Instead, it’s simply the latest in a long line of trade deals (like NAFTA, China, CAFTA, South Korea, etc.) that have opened the door to predatory trade with countries that have only their own interests at heart.”

Kearns is angry, and rightfully so. Economists repeatedly urge for policy that encourages bolstering manufacturing and related infrastructure. Why? Because these types of jobs pay the best and without it, the middle class can’t exist, and our economy would tank, which is what is slowly happening, according to economists from the Pew Research Center who say the middle class is evaporating.

Ok…so aside from harming dairy and apple farmers, how else is TPP a questionable policy? Well, according to drafts of the TPP released by Wikileaks and media outlets such as The New York Times, there’s a policy in TPP that would allow multinational companies to overturn local laws that impede their path to profitability via appealing to an international tribunal. But what would that look like? And why would that be bad?

Consider this possible scenario:

A major drug maker such as Pfizer – under the TPP policy – could say that certain laws in the U.S. (or any of the member countries) are limiting its ability to make profits. This could be laws that prevent the drug maker from releasing products without testing its safety on humans first. Pfizer could appeal to the tribunal and overturn these laws.

Or it could be a food company that says certain laws that prevent food additives thwarts its sales and profitability, and could appeal to the international tribunal to overturn these laws.

Another example would be Monsanto saying that local laws that ban pesticide use is reducing its sales and profits. It too could appeal to the international tribunal and have those laws overturned.

And the examples go on and on, which is why many environmental groups are against TPP. And they are joined by some strange bedfellows: Tea Party activists who see this as a threat to U.S. sovereignty. The biggest threat, though, is to environmental and consumer protection laws.

Last year the Sierra Club inked a position letter on the chapter in the TPP that allows for the tribunal review. Read it HERE

The Sierra Club said in a separate statement “a joint analysis by Sierra Club, Natural Resources Defense Council (NRDC) and World Wildlife Fund (WWF) reveals that the current TPP environment chapter…could lead to increased stress on natural resources and species including trees, fish, and wildlife.”

Here’s another example of how this could be harmful. Consider this scenario – one that strikes close to the hearts of Kingstonians:

Let’s say Niagara Bottling (or another company like Nestle) decided to reconsider its business strategy. So they decide to go ahead and build a distribution center for their fleet of vehicles that serve the Northeast at Tech City. There will be no bottling at the plant – at least initially.

And then one day they decide to start drawing water, filtering it and then bottling it to augment their product supply. It could just be drawn from the current supply at Tech City and it could be a very small amount, say 40,000 gallons a day.

After a year, they could document that local laws in Kingston that regulate corporate or commercial use of large quantities of water via the Town of Ulster or directly with the Kingston Water Department is impeding their path to better profits – noting that their strategic plan is to expand water bottling in the Northeast region.

In that scenario, they too – under TPP – would be allowed to have an international tribunal review and overturn any local Kingston City law that thwarts their path to profits.

Earlier today, the U.S. House of Representatives passed one of the steps that would allow TPP to happen.

The National Retail Federation, which represents the retail industry, immediately sent out a press release applauding the move. As mentioned above, retailers have a lot riding on passage of TPP; remember that their profits and long-term outlook depends upon it.

“Today’s vote on trade promotion authority will grant Congress new powers and responsibilities to craft and monitor our 21st century trade policy, and aid our trade representatives as they work to negotiate pending and future trade agreements, including the Trans-Pacific Partnership and Transatlantic Trade and Investment Partnership,” the NRF statement said.

Up next is a senate version of the bill. They could include language that allows for Congress to give input on the component policies within trade agreements, including TPP. That might help protect consumer and local environmental laws. We’ll have to keep an eye on how things progress in D.C.

WHAT YOU CAN DO:  A version of the trade “fast track” goes to the senate. Contact our senator NOW. 

WATCH Robert Reich on the Trans Pacific Partnership.

Get informed about TPP by checking out the USTR website HERE

And the Sierra Club SITE

And here is the TPP draft pages from WIKILEAKS

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Arthur Zaczkiewicz, MSW, is an editor and writer with over 20 years of journalism experience. He is also a social worker and a community educator and organizer, and a Desert Storm combat veteran.

VIDEO: Kingston Water Department. An Easement From 1884 to Allow Free Water?

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By Rebecca Martin

Yesterday afternoon, the Kingston Water Board had their monthly meeting. Attached is the agenda. Town of Ulster Supervisor James Quigley was not in attendance, and the discussion as noted on the agenda did not occur (unless it was done in Executive session).

One item for the public to take note of here that was a surprise to us  is the “Request for water at 160 Esopus Ave as per Easement”.   The parcel is in the Town of Ulster with water rights from the City of Kingston.

(STARTS 7:05 – 19:47 on the Video below. Watch in its entirety).

“In 1884, the Kingston Water Company obtained easements for the “old” 20-inch transmission main from Binnewater to the City line. The easements provided to the owner of the 26 acre parcel in the vicinity of 160 Esopus Ave provides for the owner to have water for farm purposes (although the Kingston Water Department Superintendent Judith Hansen describes this in the video as “loosey goosey”)  in perpetuity and at no cost to the owner.

The property owner would like to enter into a lease/purchase agreement with a commercial organic farm operation.  The Kingston Water Department has met with the two or three principals of the farm operation and they have expressed an interest in re-activating the water rights associated with the easement.”

Superintendent Hansen has asked for their water use projections.

When a Water Board Commissioner asked “how much water are we talking about here?”  Cloonan, the Water Board’s attorney responded “A lot.”

Free water for a 26 acre farm operation in today’s climate?

At this point in time in our area, everyone is aware of the need for revenue from water sales given Kingston’s infrastructure and operational requirements.  The owner of the property is local. Might he reconsider the easement and renegotiate the terms with the Kingston Water Board? If not, what other options might there be?    A new organic farming business is a great addition to the area,  but to not pay for a drop of the water that it uses to then turn a profit from crops seems unfair at best.

Could the Water Department purchase the land in order to resolve the easement? By doing so, it would not only protect our water supply it could also sell the property and create water revenue that the Kingston Water Department needs.  If possible, then at this early phase in information gathering, we support the Kingston Water Department to pursue this option (which is also discussed in the video).

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.

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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