2010-01-04 08:58:17 Sunset Ridge (44k)

RESOLUTION

A meeting of the Town Council of the Town of New Paltz held on July 21^st, 2005 was called to order by Deputy Supervisor Healey, and upon roll being called, the following roll was taken:

Present Absent

Supervisor Wilen                                  _________      ____√____

Deputy Supervisor Healey                    ____√____      _________

Councilperson Bacon                            ____√____      _________

Councilperson Brown                           ____√____      _________

Councilperson Hokanson                      ____√____      _________

The following resolution was offered by Councilwoman Brown who moved its adoption, seconded by Councilperson Hokanson to wit:

RESOLUTION IN OPPOSITION

TO THE U. S. SUPREME COURT DECISION CONCERNING EMINENT DOMAIN “TAKINGS”

IN THE KELO V. CITY OF NEW LONDON MATTER

WHEREAS, the takings clause of the fifth amendment of the U.S. Constitution states, “nor shall private property be taken for public use, without just compensation,” and;

WHEREAS, upon adoption, the 14th amendment extended the application of the fifth amendment to each and every State and local government, and;

WHEREAS, the takings clause of the 5th amendment has historically been interpreted and applied by the Supreme Court to be conditioned upon the necessity that Government assumption of private property through eminent domain must be for the public use and requires just compensation, and;

WHEREAS, the opinion of the majority in Kelo et al. v. City of New London et al. renders the public use provision in the Takings Clause of the fifth amendment without meaning, and;

WHEREAS, the opinion of the majority in Kelo et al. v. City of New London et al. justifies the forfeiture of a person's private property through eminent domain for the sole benefit of another private person, and;

WHEREAS, the dissenting opinion upholds the historical interpretation of the takings clause and affirms that “the public use requirement imposes a more basic limitation upon government, circumscribing the very scope of the eminent domain power: Government may compel an individual to forfeit her property for the public's use, but not for the benefit of another private person,” and;

WHEREAS, the dissenting opinion in Kelo et al. v. City of New London et al. holds that the “standard this Court has adopted for the Public Use Clause is therefore deeply perverse' and the beneficiaries of this decision are `likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms' and `the government now has license to transfer property from those with fewer resources to those with more,” and;

WHEREAS, all levels of government have a Constitutional responsibility and a moral obligation to always defend the property rights of individuals and to only execute its power of eminent domain for the good of public use and contingent upon the just compensation to the individual property owner, and;

WHEREAS, The United States House of Representatives has considered and resolved same (H. Res. 340, June 30, 2005)

NOW, THEREFORE BE IT RESOLVED, THAT THE TOWN COUNCIL ON BEHALF OF THE CITIZENS OF THE TOWN OF NEW PALTZ

1. Disagrees with the majority opinion in Kelo et al. v. City of New London et al. and its holdings that effectively negate the public use requirement of the takings clause; and agrees with the dissenting opinion in Kelo et al. v. City of New London et al. in its upholding of the historical interpretation of the takings clause and its deference to the rights of individuals and their property.
2. State and local governments should only execute the power of eminent domain for those purposes that serve the public good in accordance with the fifth amendment.
3. State and local governments must always justly compensate those individuals whose property is assumed through eminent domain in accordance with the fifth amendment.
4. Any execution of eminent domain by State and local government that does not comply with subparagraphs (A) and (B) constitutes an abuse of government power and an usurpation of the individual property rights as defined in the fifth amendment.
5. Eminent domain should never be used to advantage one private party over another.
6. No State nor local government should construe the holdings of Kelo et al. v. City of New London et al. as justification to abuse the power of eminent domain ; and
7. The United States Congress maintains the prerogative and reserves the right to address through legislation any abuses of eminent domain by State and local government in light of the ruling in Kelo et al. v. City of New London et al.

Aye         Nay         Absent       Abstention

Supervisor Wilen                      _____     _____      __√__       _____

Deputy Supervisor Healey        __√__     _____      _____       _____

Councilperson Bacon                __√__    _____        _____      _____

Councilperson Brown               __√__      _____      _____      _____

Councilperson Hokanson          __√__      _____      _____      _____

The resolution was thereupon duly adopted.

RESOLUTION

A meeting of the Town Council of the Town of New Paltz held on Thursday, May 26^th 2005

was called to order by Deputy Supervisor Healey, and upon roll being called, the following roll was taken:

Present Absent

Supervisor Wilen                                  _________      ____√____

Deputy Supervisor Healey                    ____√____      _________

Councilperson Bacon                            _________      ____√____

Councilperson Brown                           ____√____      _________

Councilperson Hokanson                      ____√____      _________

The following resolution was offered by Deputy Supervisor Healey who moved its adoption, seconded by Councilperson Brown, to wit:

this PROCLAMATION in honor of NEW PALTZ PRIDE DAY

WHEREAS, New Paltz has a long and distinguished history in the pursuit of religious freedom and human rights, and;
WHEREAS, the Town of New Paltz is proud of its lesbian, gay, bisexual, transgender and queer (LGBTQ) citizens, and;
WHEREAS, these LGBTQ residents are in many places subject to oppression, discrimination and harassment, and;
WHEREAS, we recognize that New Paltz is richer for the presence of LGBTQ people and their diverse families, and;
WHEREAS, all people, regardless of gender or sexual orientation, deserve equal rights and justice;

NOW, THEREFORE, BE IT RESOLVED the Town Board of the Town of New Paltz does hereby proclaim proclaims June 12, 2005, NEW PALTZ PRIDE DAY.

Aye         Nay         Absent       Abstention

Supervisor Wilen                      _____     _____      __√__       _____

Deputy Supervisor Healey        __√__     _____      _____       _____

Councilperson Bacon                _____    _____        __√__      _____

Councilperson Brown               __√__      _____      _____      _____

Councilperson Hokanson          __√__      _____      _____      _____

The resolution was thereupon duly adopted.

RESOLUTION

A meeting of the Town Council of the Town of New Paltz held on Thursday, March 17^th 2005 was called to order by Supervisor Wilen, and upon roll being called, the following roll was taken:

Present Absent

Supervisor Wilen                                  __√__             _____

Deputy Supervisor Healey                    __√__              _____

Councilperson Bacon                            __√__              _____

Councilperson Brown                           __√__              _____

Councilperson Hokanson                      __√__              _____

The following resolution was offered by Supervisor Wilen who moved its adoption, seconded by Councilperson Hokanson, to wit:

RESOLUTION IN SUPPORT OF A.2045/S.2081

“An act to amend the environmental conservation law in relation to freshwater wetlands, and repealing section 24-1305 of such law relating thereto” Relates to the definition of freshwater wetlands, repeals section relating to the applicability of the freshwater wetlands article; provides authority of the DEC over wetlands which are one acre or more; amends permitting requirements for subdivision of land.

WHEREAS, Wetlands improve drinking water quality by providing a buffer zone to intercept polluted runoff before it contaminates our lakes, rivers and coastal waters, and;

WHEREAS, Wetlands act as natural water filters, absorbing pollutants, pesticides, nitrogen, phosphorus and other contaminants before they infiltrate our drinking water. Additionally, wetlands absorb flood waters and serve as buffers during storms, saving billions of dollars in property damage annually, and;

WHEREAS, In a closely divided  5-4  decision, the United States Supreme Court recently ruled that the federal government no longer has  jurisdiction over isolated  wetlands. With the Supreme Court ruling in SWANCC, estimates from the EPA and Corps of Engineers show at least 20% and possibly 50% of existing wetlands, constituting millions of acres nationwide, will be left unprotected, and;

WHEREAS, In New York State, estimates for unprotected wetlands are even higher, and;

WHEREAS, A number of states (including all the northeastern States) already have the regulatory authority to step in and regulate the wetlands that the United States Army Corps of Engineers formerly oversaw, New York’s DEC is currently limited to regulating mapped wetlands of a size greater than 12.4 acres. If we do not protect New York’s wetlands, we jeopardize our drinking water and property values, and;

WHEREAS, A.2045/S.2081 “An act to amend the environmental conservation law in relation to freshwater wetlands, and repealing section 24-1305 of such law relating thereto” has been introduced in New York State Legislature to give DEC the regulatory authority necessary to protect New York’s wetlands by eliminating the mapping and reducing the size limitations on DEC’s regulatory authority over wetlands, and;

WHEREAS, The State Assembly has approved A.2045 (Dinapoli, et al) and a “same as” bill S.2081 (Marcellino, Balboni, Lavalle, Leibell, Morahan, Padavan, Trunzo, et al) is awaiting Senate action.

NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of New Paltz is fully supportive of this proposal, and calls upon the New York State Senate and the Governor to approve and enact this needed environmental reform, and that the Supervisor communicate these views to our honorable representatives in the New York State Legislature, and to the Governor.

Aye         Nay         Absent       Abstention

Supervisor Wilen                      __√__     _____      _____       _____

Deputy Supervisor Healey        __√__     _____      _____       _____

Councilperson Bacon                __√__     _____      _____       _____

Councilperson  Brown              __√__     _____      _____       _____

Councilperson Hokanson          __√__     _____      _____       _____

The resolution was thereupon duly adopted.

RESOLUTION

A meeting of the Town Council of the Town of New Paltz held on March 17^th, 2005, was called to order by Supervisor Wilen, and upon roll being called, the following roll was taken:

Present Absent

Supervisor Wilen__√___ _____

Deputy Supervisor Healey__√___ _____

Councilperson Bacon__√___ _____

Councilperson Brown__√___ _____

Councilperson Hokanson__√___ _____

The following resolution was offered by Supervisor Wilen who moved its adoption, seconded by Councilperson Hokanson to wit:

PROPERTY TAX REFORM

WHEREAS, the residents of the Town of New Paltz have collectively considered the local issues of greatest concern to them and identified high property taxes as one of the highest priority among them; and

WHEREAS, funding for local government services, including public education, is provided primarily through a tax on the estimated value of property; and

WHEREAS, the welfare of New Paltz Homeowners is jeopardized by the rapid increase in the costs of public education and the inability of many homeowners to pay these increased costs; and

WHEREAS, the increasing burden of public education on taxpayers also impacts on the ability to raise other taxes to provide services and to fund Town-specific and local initiatives important to the well-being of the community.

NOW, THEREFORE, BE IT RESOLVED: That the following recommendations be submitted to New York State Senator John J. Bonacic and New York State Assembly representative Kevin Cahill, and Sheldon Silver And Governor George Pataki, with a letter on behalf of the citizens of New Paltz urging their immediate attention:

BE IT FURTHER RESOLVED that the Town Board of the Town of New Paltz appeals to New York State public officials to implement new measures for financing public education, including the following suggested actions:

1. Ensure equity in a formula for funding public education based on the taxpayers’ ability to pay.

2. Eliminate the revenue raised from tax sources based on the value of dwellings.

3. Refrain from imposing state mandated requirements upon school systems without corresponding state funding.

4. Adjust the formulas on revenues earmarked as aid to education from state lottery and other future gaming activities so that the annual percentage is substantially increased from current levels.

5. Maintain the enhanced STAR exemption for the town’s neediest citizens, but also increase the STAR exemption for senior citizens specifically at all income levels.

6. Regain lost tax revenues from the above actions through income tax.

Aye NayAbsent Abstention

Supervisor Wilen  __√_______ ______

Deputy Supervisor Healey __√_______ ______

Councilperson Bacon __√_______ ______

Councilperson Brown __√_______   ______

Councilperson Hokanson__√_______ ______

The resolution was thereupon duly adopted.

RESOLUTION

RESOLUTION A meeting of the Town Council of the Town of New Paltz held on February 17th 2005 was called to order by Supervisor Wilen, and upon roll being called, the following roll was taken:

The following resolution was offered by Councilperson Hokanson who moved its adoption, seconded by Councilperson Bacon to wit:

RESOLUTION IN OPPOSITION TO CASINO GAMBLING IN THE TOWN OF NEW PALTZ AND THE COUNTY OF ULSTER

WHEREAS, the Town of New Paltz adopted Local Law No.5 of 2001, Bingo Licensing to regulate games of chance, which was passed at a public referendum on November 6, 2001, and which is now included as Chapter 52 of the Code of the Town of New Paltz; and;

WHEREAS, the Bingo Licensing Local Law of the Town of New Paltz permits games of chance by approved organizations as the term is defined in Section 476 of the General Municipal Law of the State of New York upon obtaining a license therefore as required by the provisions of Article 14-H of the General Municipal Law; and;

WHEREAS, the Town Board believes that the further proliferation of games of chance, and the establishment of Casino Gambling in the region is potentially detrimental to the health, safety and general welfare of the citizens of the Town of New Paltz, and;

WHEREAS, The Governor has introduced to the New York State Legislature Program Bill #06 of 2005, "An Act to amend the executive law, the tax law, the state finance law, the environmental conservation law, and the education law in relation to authorizing the settlement of New York Indian land claims" and;

WHEREAS, The Governor's Program Bill #06 of 2005 includes Section 8 to amend Executive Law §12(b) to "increase from 3 (three) to 5 (five) the number of authorized class III gaming facilities in the counties of Sullivan and Ulster," which potentially concentrates the deleterious effects of casino gaming in our region to the detriment of our community rather than disperse the potential impacts throughout the state, and;

WHEREAS, The Governor's Program Bill #06 of 2005 includes Section 8 to amend Executive Law §12(b) would establish that "there shall be no obligation for tribes or nations to prepare an environmental impact statement under this section nor Article Eight of the Environmental Conservation Law provided that the federal environmental impact statement is sufficient to make findings pursuant to SEQRA in counties of Sullivan and Ulster," and;

WHEREAS, There are potentially significant consequences to the public health and safety, including implications regarding traffic and infrastructure, crime, economic and fiscal concerns, impacts on children and families from alcoholism, drug abuse and other addictive behaviors associated with gambling, and other community character considerations that may be overlooked by an expedited environmental review, and;

WHEREAS, The Sullivan County Legislature endorsed Gov. Pataki's proposal to allow five "Indian-run casinos" in that county on the 10th of February, 2005, and;

WHEREAS, The Ulster County Legislature has yet to endorse Gov. Pataki's proposal to allow five "Indian-run casinos" in the county and;

WHEREAS, The New York State Senate hearings on the casino plan have been scheduled for the 28th of February in Albany, and the 3rd of March in Monticello, and;

WHEREAS, The Impact of Casino Gambling in Bankruptcy Rates: A County Level Analysis by Ernest P Goss, PhD., Professor of Economics and Visiting Scholar, CBO at Creighton University and Edward Morse, Professor of Law and Associate Dean at Creighton University School of Law indicates that counties with legalized casinos suffer individual bankruptcy rates more than 100 percent higher than counties that remained "casinoless" while on the other hand, the casino counties experienced business bankruptcy rates that were 35.4 percent less than their matching counties without casinos, and that casino counties were much more likely to experience Chapter 7 and Chapter 13 bankruptcies, but less likely to experience Chapter 11 bankruptcies, and;

WHEREAS, Tribal casinos are not required because of sovereignty to transfer funds to state and local government agencies like other commercial enterprises. Ulster County, the Town of New Paltz and other local municipal agencies have no legal remedy to compel casinos to pay for the public infrastructure, goods and services that they may utilize. While Tribal governments have entered into voluntary agreements with state, county and/or local governments to defer the costs of public infrastructure, goods and services which would be required to sustain any such casino, these agreements have been entered into without a comprehensive environmental review and often understate dramatically the extent to which infrastructure and services may be necessary to support such an endeavor.

NOW, THEREFORE, BE IT RESOLVED:

1. That the Town Council of the Town of New Paltz hereby expresses its opposition to the expansion of games of chance within the town, and furthermore, opposition to any plan to establish ongoing casino gambling in the Town of New Paltz.

2. That the Town Council of the Town of New Paltz hereby expresses its opposition to the proposed concentration of casino gambling in the region surrounding the Town of New Paltz, and in particular, Ulster County.

3. That the Town Council of the Town of New Paltz hereby expresses its support for a complete environmental review, including the cumulative impacts of all 5 (five) proposed casinos under the provisions of the State Environmental Quality Review Act for any plan to establish ongoing casino gambling in the State of New York.

4. That the Town of New Paltz hereby calls on the Ulster County Legislature to reject the Governor's plan.

5. That a study be conducted to evaluate the true fiscal implications of casino gambling on our local economy, including individual and business bankruptcy rates, and the costs to the Town of New Paltz to provide community services relative to increased traffic, police, fire and rescue services be fully addressed.

6. That potentially significant consequences to the public health and safety of the citizens of the Town and region, including implications regarding traffic and infrastructure, crime, economic and fiscal concerns, impacts on children and families from, alcoholism, drug abuse and other addictive behaviors associated with gambling, and other community character considerations be carefully evaluated.

The resolution was thereupon duly adopted

RESOLUTION A meeting of the Town Council of the Town of New Paltz held on February 17th 2005 was called to order by Supervisor Wilen, and upon roll being called, the following roll was taken:

The following resolution was offered by Supervisor Wilen who moved its adoption, seconded by Councilperson Healey, to wit:

this PROCLAMATION in honor of rotary international

WHEREAS, Rotary International, founded on February 23, 1905, in Chicago, Illinois USA, is the world’s first, oldest and one of the largest non-profit service organizations; and

WHEREAS, there are over 1.2 million Rotary club members comprised of professional and business leaders in over 31,000 clubs in more than 165 countries; and

WHEREAS, the Rotary motto “Service Above Self” inspires members to provide humanitarian service, encourage high ethical standards, and promote good will and peace in the world; and

WHEREAS, Rotary finds club projects and sponsors volunteers with community expertise to provide medical supplies, health care, clean water, food production, job training and education to millions in need, particularly in developing countries; and Page 2

WHEREAS, Rotary in 1985 launched Polio Plus and spearheaded efforts with the World Health Organization, U.S. Centers for Disease Control and Prevention, and UNICEF to immunize the children of the world against polio; and

WHEREAS, polio cases have dropped by 99 percent since 1988 and the world stands on the threshold of eradicating the disease; and

WHEREAS, Rotary is the world’s largest privately-funded source of international scholarships and promotes international understanding through scholarships, exchange programs and humanitarian grants; and

WHEREAS, more than 35,000 students from 110 countries have studied abroad since 1947 as Rotary Ambassadorial Scholars; and

WHEREAS, Rotary’s Group Study Exchange program has helped more than 46,000 young professionals explore their career fields in other countries; and

WHEREAS, 8,000 secondary-school students each year experience life in another country through Rotary’s Youth Exchange; and

WHEREAS, there are nearly 2,000 Rotary club member men and women in 65 clubs throughout the Hudson Valley sponsoring service projects to address such critical issues as poverty, health, hunger, illiteracy, and the environment in their local communities and in the world community;

NOW, THEREFORE, BE IT RESOLVED the Town Board of the Town of New Paltz does hereby proclaim February 23, 2005 as Rotary International Day in the New Paltz Community and encourages all citizens to join in recognizing Rotary International for 100 years of service to improving the human condition in local communities here and around the world.

The resolution was thereupon duly adopted