After the Lead Agency determination deadline on December 16th, KingstonCitizens.org urges the community to stay informed on the many upcoming phases of the SEQR review for the Pilgrim Pipeline proposal as it pertains to Kingston. We are anticipating a large scoping effort next. Please SUBSCRIBE TO OUR MAILING LIST, and join our growing citizen base to become better informed, educated and effective.
Photo Courtesy: Riverkeeper.
The following quotes were crafted by Iris Marie Bloom from Coalition Against Pilgrim Pipelines (CAPP):
Last night, the Kingston Common Council passed a memorializing resolution rejecting the Thruway Authority’s request to be Lead Agency in SEQR for the proposed Pilgrim Pipeline proposal.
“I’m thrilled it passed unanimously,” said Julie Noble, Chair of the Kingston, New York Conservation Advisory Council, after the Kingston Common Council’s 9-0 vote last night.
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.
VIEW the letter to the council from the CAC in its entirety by clicking on the link below.
TIMELY ACTION: Please attend the next Kingston Common Council meeting on Tuesday, December 1st at 7:30pm and sign-up to speak in support of the City of Kingston passing a resolution that rejects the Thruway Authority’s request to be Lead Agency in SEQR for the Pilgrim Pipeline proposal and, that the DEC take on the role of Lead Agency instead.
On November 16, 2015, municipalities in NYS that are ‘Involved’ agencies in the Pilgrim Pipeline SEQR process were informed by the Thruway Authority (by letter) requesting to be Lead Agency. With only the allowed 30 day window to respond (which, in this case, would be December 16th, 2015) – hardly any time at all – municipalities are forced to have to act swiftly. At this early stage, all appear to be in agreement that the Thruway Authority should not be leading the environmental review process and that instead, the DEC should take on that role.
Click on this image to view the Lead Agency request letter from the Thruway Authority.
By Rebecca Martin
VIEW: The city of Kingston’s memorializing resolution opposing the Pilgrim Pipeline.
As you probably read in the papers yesterday (Daily Freeman, 11/18/15), Pilgrim Pipeline, LLC has filed a ‘use and occupancy’ permit application in NY to construct the Pilgrim Pipeline. According to the papers, the pipeline would run under at least one of Kingston’s roads (as it follows the Thruway).
Because of which, the City of Kingston is an ‘Involved’ agency in SEQR, which means that Kingston will be able to have a voice in determining who is Lead Agency of this project.
As you may recall in January of 2014, the City of Kingston unanimously passed a memorializing resolution #21 of 2015 ‘in support of the Kingston Conservation Advisory Council’s Recommendation to Oppose the Proposed Pilgrim Pipeline” that was sponsored by the Council’s Public Safety Committee and that passed unanimously.
Why is it important that city of Kingston right now decline the Thruway Authority as Lead Agency, and instead – request that the DEC take on that role instead? First, the proposal may in fact violate New York State Energy and Climate policies firmly in place. READ: Energy/Climate Programs: NY’s Climate and Energy Portfolio. Additionally, here are five points so clearly outlined by Jennifer Metztgar who resides in the Town of Rosedale, also an ‘Involved’ agency in the proposal. We changed the municipality to reflect our own.
Citizens in the City of Kingston spoke regarding the proposed Shooting Range in Midtown, Kingston. Some requested a public hearing, and it appears that the Planning Board has determined it to be appropriate to hold one.
More details shortly. Part three of the video, by the way, will be available later on today. Please review the video below.
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
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
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.
KingstonCitizens.org is pleased to bring you video from last evening’s Mayoral Candidate debate (10/22/15). Special thanks to Kingston News for helping us to make it possible.
Please mark your calendars and VOTE on Tuesday, November 3rd. The polls are open from 6:00am – 9:00pm. To locate your polling place, please visit the BOE POLLING PLACE site for more information.
Don’t forget that the Water Sales/Supply Referendum will appear on the BACK OF THE BALLOT! Please consider a YES vote and give Kingston citizens the opportunity have a voice in any future water sales outside of our community.
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.
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.
At a recent Finance Committee meeting on July 15th, 2015, council members were addressed by Gregg Swanzey, Director, Economic Development and Strategic Partnerships Department (EDSP) alleging that there were ‘serious’ grant management issues of seven of Kingston’s grants, and in particular those coming from Kingston’s Parks and Recreation office.
As far as we know to date, the directors of both departments have not yet sat down together to discuss these items – line by line – with their reports.
Based on video of the meeting, it appears that the EDSP office was charged by the Mayor to work on a report (that took approximately 8 weeks) to present to the Common Council’s Finance Committee. Apparently, the Parks and Recreation department received the report two weeks prior to respond in time for the July 15th meeting (although without a formal communication request by Parks and Recreation to be added to the evening’s agenda, the department was not officially allowed to respond during the meeting, although there are moments where they did as you will see in the video).
Generally, elected/appointed officials or citizens who wish to move something through to council start by sending a ‘communication’ to council president to be added to an appropriate committee so to present. An action for the committee to take is generally (if not always) requested which is then either approved out of committee and moved to council to vote or, kept on the agenda for further review and discussion.
In this case, the result (since there wasn’t any formal action being made) was for there to be an audit of all City of Kingston’s grants (suggested by Finance Committee chair Maryann Mills that evening).
The request for a citywide audit of grants, however, did not pass through Council in August. No further request or action has since been made on the subject based on press reports.
Before any further steps are taken by Kingston’s highest office that might further burden the public and cost more taxpayer monies, citizens should request that both Kingston’s Economic Development and Parks and Recreation Departments sit down face to face, having each a report of their own, to identify which are actual issues and which are not – and then, to proceed from there.
The meeting is roughly transcribed and included below so that citizens can follow along, as it can be hard to follow if you haven’t any background on this matter.
We are pleased to provide the Mayoral Debate in its entirety from tonight (8/24/15) organized by Temple Emanuel and moderated by the League of Women Voters.
Brought to you by KingstonCitizens.org. Thanks to Clark Richters of Kingston News for filming tonight’s event.
#1 – What is the most pressing issue for the City of Kingston?
12:17 – 13:39 Shayne Gallo
13:42 – 15:30 Steve Noble
#2 What are you proposing for job growth in the City of Kingston?
15:50 – 17:42 Steve Noble
17:50 – 20:29 Shayne Gallo
#3 Do you believe the City Mayor should have more input or oversight into the Kingston school district and their budgets and board of education?
20:52 – 21:55 Shayne Gallo
21:57 – 23:50 Steve Noble
#4 As Mayor, what will you do to resolve the ex-fire chief litigation without raising taxes?
24:08 – 25:27 Steve Noble
25:28 – 27:35 Shayne Gallo
#5 What is your position on drug policing in Midtown, do you think URGENT has been excessive and bad for community or important for bringing safety to the community? 27:56 – 29:53 Shayne Gallo
29:59 – 32:15 Steve Noble
#6 Do you have any plans or proposals to improve the complaint process, and would you support or work towards some form of civilian oversight of the city police?
32:40 -34:42 Steve Noble
34:45 – 37:01 Shayne Gallo
#7 Do you support initiatives such as the Rail Trail, ‘Building a Better Broadway’ and the Riverport? 37:15 – 38:40 Shayne Gallo
38:47 – 40:55 Steve Noble
41:00 – 41: 28 Shayne Gallo rebuttal
#8 How important do you think the traffic flow problem in Uptown Kingston is and what will you do to move it forward?
41:45 – 43:46 Steve Noble
43:54 – 45:55 Shayne Gallo
#9 Do either of you have concerns about nepotism in City Government?
46:27 – 48:05 Shayne Gallo
48:07 – 50:04 Steve Noble
#10 Explain the logic behind the sale of the fireman’s museum, and can you explain what happened with the fishing pier project and how can this be avoided in the future?
50:39 – 52:42 Steve Noble
52:46 – 55:06 Shayne Noble
#11 Considering the issues highlighted by Black Lives Matter, how would you move Kingstontowards a police force that exemplifies excellent community policing? 55:27 – 56:50 Shayne Gallo
56:51 – 59:03 Steve Noble
PART TWO
#12 There are numerous questions about community. How will each of you include the minority community in your administration and what could the city do to communicate with the residents? 00:40 – 2:35 Steve Noble
2:40 – 4:11 Shayne Gallo
#13 Do you have a plan to improve the housing stock for the poor without forcing them to sell? 4:20 – 5:55 Shayne Gallo
5:56 – 8:07 Steve Noble
#14 What is your position on the upcoming water referendum and the appointment of new water board members?
8:25 – 10:09 Steve Noble
10:15 – 11:30 Shayne Gallo
#15 If you think in terms of the two most important initiatives for the mayor, what would you be most concerned about continuing if you were elected, what would you be most excited about promoting if you were elected mayor?
12:31 – 14:00 Shayne Gallo
14:02 – 16:28 Steve Noble
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).
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.
