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An informed voter is the best guardian of democracy.
Welcome to The Rhinebeck Demogram, an email newsletter bringing
you information and commentary about current issues, candidates,
and events. Published by the Rhinebeck Democratic Committee
(RDC) for all the people of our community.
Our email
address is demogram@rhinebeckdemocrats.org As
always, we welcome comments, questions, suggestions and
corrections.
IN THIS ISSUE
WHO IS KING
OF THE ROADS? A Revolt Against the Town Highway Department
On
June 24th, residents of upper Pells Road received written notification
that the town highway superintendent's plan to make
major changes in their road had been put on hold. This was
welcome news for a group of residents who felt so strongly about
the character of their road that they had hired a lawyer.
Within the
past two years, the town highway department had remodeled the
lower half of Pells road, between Route 308 and
Cedar Heights Lane. This portion of the road was widened and
re-
paved with asphalt (black top). In addition new drainage was
created, brush cleared and healthy trees destroyed following
a
pattern that has been followed on other roads in the town of
Rhinebeck. According to some residents, the result has been more
vehicles on the road, traveling at faster speeds. There have
even been complaints that it is now more dangerous to walk, run,
cycle, walk with children and dogs, and push carriages on these
improved roadways.
Earlier this
spring, it became apparent that the same treatment was in store
for upper Pells Road, from Cedar Heights to Oriole
Mills Road. Nearly three dozen trees were destroyed without
notice -- many of them, say residents, were old, beautiful, over-
arching trees that helped define the quiet, rural nature of the
road. Conversations with the Highway Superintendent, Eugene
Trombini, revealed a plan to repeat for upper Pells what some
road viewed as a horrific renovation of the lower road. But this
time there was resistance.
Attempts
to reason individually with the highway superintendent were
not satisfactory for those concerned. A survey was taken
which revealed that eight families, owning more than 70% of the
road frontage on upper Pells, were opposed to the planned "road
improvement" plan. The survey and its results were sent
to the
town board but reportedly there was no response. Three residents
spoke to the town board at its May meeting, but came away with
no
response. The residents began meeting and sent a letter to Town
Supervisor Dennis McGuire, asking him to organize and mediate
a
meeting with the highway superintendent. For whatever reason,
the supervisor responded that such a meeting would not occur.
Residents
then discovered the December 30, 2004 town board resolution
adopting an "agreement" between the town
board and the
highway superintendent for a $90,000 re-paving project on upper
Pells road. The minutes of that meeting reflect no discussion
about safety and environmental concerns, property rights, or
notification to residents. Reportedly, the written agreement
fails to indicate that in the course of the project the road
would be widened, that privately owned trees will be destroyed,
or that federal wetlands might be implicated.
The residents,
convinced that by cutting down trees on private property on
upper Pell's Road the highway superintendent had
already done something unlawful, and suspecting that many of
the
actions necessary to realize the project reflected more unlawful
acts, then contacted a local attorney and made plans to take
their case to the June town board meeting. The legal opinion
on
behalf of the residents was delivered to town board members just
as their June meeting was about to begin. The letter contained
six pages of legal analysis and put forth four conclusions:
1. The removal
of trees on adjoining properties, and widening of
the road beyond the traveled portion of the same, constitutes
a
trespass and taking of private property without just
compensation.
2. This road
widening project is subject to review under the State Environmental
Quality Review Act (SEQRA);
3. Several
permits may be required for this project for which, as
of this writing (June 13) there has been no application;
4. The widening
and blacktop repaving of Pells Road is not needed; it will
not increase public safety; it will have a
deleterious effect on community character; and it is inconsistent
with the proposed revisions of the Town's Comprehensive Plan.
Armed with
the letter, nine residents were given an hour at the
June town board meeting to state their case. The town supervisor
indicated that the town attorney would look into the matter and
get back to the residents.
At this point,
in late June, the resident activists are pleased to have stopped,
at least temporarily, changes to the road. They
remain committed, however, to a permanent end to the project,
to
removal of tree stumps and to the replacement of the mature
hardwoods which were removed. The residents maintain that,
despite the town's December 30, 2004 agreement with the town
highway department, state law gives the town ample authority
to
rescind this agreement and to insist that the highway
superintendent make good the damage done.
Residents
have indicated they will continue their efforts to fully resolve
this problem. In the larger context, this dispute
implies problems with due process and with operating procedures
regarding the town board vis-a-vis the town highway department.
Some town
residents critical of the Highway Department believe that the
Superintendent, currently Eugene Trombini, is
accountable to no one because the money for major town road
projects comes from the state, not the town. Town Supervisor
Dennis McGuire refutes this, noting that while a portion of the
costs of any major road project are funded by the state under
the
auspices of the Consolidated Local Street and Highway
Improvements Program (CHIP), the rest are paid by town taxes.
The
balance between the two funding sources is determined by the
nature of the individual project.
In recent
years CHIP funding has totalled $65,000-$70,000 annually, which
has been applied to one, two, or three major
town
road projects. Major projects are those involving straightening,
widening and blacktopping of substantial stretches of road.
Some of these costs, plus other project costs such as tree
removal, are usually applied to the department's "general
repairs" budget line, which comes from town taxes.
In FY2004, the Highway Department budget broke down as follows:
General Repairs (from town taxes) = $252, 910; Capital
Improvement (CHIP + town taxes) = $262,166. These figures make
it clear that the Department is funded primarily by town taxes.
As to the
question of the Highway Superintendent's independence, Town
Supervisor McGuire points out that the Superindentent is
independent by virtue of the fact that he is elected, not
appointed. But although the Superintendent is responsible for
initiating major town road projects, he cannot pursue them
without town tax money and the Town Board's agreement regarding
the allocation of CHIP monies.
Supervisor
McGuire agrees that the Pells Road residents are making good
points in expressing their concerns. He agrees also
with Sally Mazzarella, who spoke eloquently at the June 13 Town
Board meeting about the change over recent decades in attitudes
and goals regarding highways and roads. But the Supervisor
maintains that safety for all the motoring public must always
be
the overriding factor when it comes to road maintenance and
improvement.
Regarding
concerns about safety, Pells Road activists respond that research
indicates clearly that when roads are widened,
flattened, smoothed, and straightened, vehicles go faster and
more accidents occur.
DUTCHESS DEMOCRATIC WOMEN'S CAUCUS HOLDS WORKSHOPS
The Dutchess
Democratic Women's Caucus recently held a series of
training workshops for female Democratic candidates.
In mid-May,
first-time candidates were initiated into the intricacies of
the petitioning process by Dutchess County
Democratic Election Commissioner Fran Knapp. They also heard
from experienced DDWC members about early campaign tasks such
as
creating a palm card, organizing volunteers and refining the
message. As one participant said afterwards, "I learned
what I
expected to learn, and so much more!"
On June 21,
an omnibus workshop covered topics such as fundraising, targeting
voters, and going door-to-door. DDWC
President Clare Brandt remarks, "a campaign is all about
50%-
plus-one, which is number of votes you need to win. Everything
in
the campaign is focused on finding those voters and getting them
to the polls."
On
June 28th, DDWC candidates and members viewed the video, How
Democrats and Progressives Can Win: Solutions from George
Lakoff. A workshop on Lakoff's ideas followed, led by DDWC
member Audrey Molsky. Lakoff argues that Democrats need to find
new, positive language to express their ideas, instead of
accepting Republican language (such as "flip-flop" and "partial
birth abortion") and need to frame the debate according
to their
own values. By practicing his methods, candidates can develop
practical verbal techniques to use in debate, conversation, and
on the campaign trail.
The mission
of the Dutchess Democratic Women's Caucus is to support female
Democratic candidates and to encourage women to
enter the political process at every level. For more
information and an opportunity to become a member, go to
www.ddwc.org.
ALBANY UPDATE: A Sampling of Legislation
by Kathy Kinsella*
The following
is a random selection of bills in the New York State Legislature.
The brief descriptions are meant to provide
a
general idea of the wide variety of pending bills and the way
in
which bills move through the legislative process.
This year's
regular legislative session has ended. Pending bills, though,
still have an opportunity to pass. A bill is considered"
live" for the entire legislative cycle, which is two years.
Although this year's session is over, the legislative cycle
continues through 2006. Pending bills can continue through the
legislative process in next year's session.
More information
about these bills and other bills may be easily accessed through
the Assembly website at http://assembly.state.ny.us/ or the Senate website at
http://www.senate.state.ny.us/senatehomepage.nsf/home?openform
Driving While
Intoxicated
"
VaSean's Law" (Assembly bill no. 6285-B, sponsored by McLaughlin
/ Senate bill no. 1872-B), is named in memory of 11-year-old
VaSean Alleyne, the victim of a drunk driver who could not be
charged with a felony under current law. It proves that our
state legislators can work together in a non-partisan manner
on
public policy.
VaSean's
Law would strengthen provisions of the current DWI (Driving
While Intoxicated) law, making it easier for district
attorneys to prosecute drivers for vehicular assault and
vehicular manslaughter when serious physical injury or death
is
caused by a person driving a vehicle while intoxicated or
impaired by the use of a drug. Existing state law would be
tightened by removing the criminal negligence element now
required to prosecute DWI drivers.
This legislation
has passed both houses, has been signed by the
Governor and becomes effective law on November 1, 2005.
Environmental
Protection
The
number one polluter in the State of New York is the State of
New York. Assembly bill 1833 (Grannis) would impose penalties
on
state agencies, public authorities or public benefit corporations
that do not complete remediation plans within the plan's
projected time schedule. Currently there are no teeth to the
guidelines that regulate these affected agencies and authorities
with regard to remedial plans. This bill would add the element
of public accountability, allowing for action against agencies
and their heads that fail to develop and carry through remedial
plans.
This bill
has passed in the Assembly and has been delivered to
the Senate, which has not, as of this writing, introduced a
companion bill.
Drug Pricing
A.5403
(Gottfried)/ S.1936 (Golden) would amend the Education Law,
requiring pharmacies to post retail drug prices on the New
York State Board of Pharmacy website and to update these postings
weekly. In addition it would require that signage providing the
website address be posted in full view within the store. This
would give consumers easy access to pharmacy prescription prices
and be a significant aid in comparison-shopping.
In the Assembly,
this bill has passed in the Consumer Affairs and
Protection Committee and has been referred to the Ways and Means
Committee, where it also must be reported before going to the
full Assembly. In the Senate, the bill is pending in the Higher
Education Committee.
Unintended
Pregnancy Prevention
A.116 (Paulin) / S. 3661(Spano), or the "Unintended
Pregnancy Prevention Act," allows women to obtain emergency
contraception (EC) without a prescription. EC can reduce the
risk of pregnancy
from 75% to as much as 89% if the first dose is taken within
72
hours of unprotected intercourse. If taken within the first 24
hours, EC is almost seven times more effective. EC will not
cause an abortion and it is not the same as RU-486. EC could
prevent as many as 1.7 million of the 3 million unintended
pregnancies that occur each year in the United States. Emergency
contraception prevented 51,000 abortions in 2000 according to
a
new report published in the Alan Guttmacher Institute's
" Perspectives of Reproductive Health."
Currently
New York State law requires that a traditionally licensed source,
such as a physician, prescribe EC. This bill
would allow New York State pharmacists and registered nurses
to
dispense EC from a "non-patient specific order," written
by
either a licensed physician, certified nurse practitioner or
licensed midwife. This can help eliminate frequent difficulties
encountered in obtaining medical appointments at offices with
limited hours, long waits or inconvenient locations. This bill
follows the lead provided by such countries as England and
France, and states in this country such as Washington,
California, and Alaska.
A.116 has
passed the Assembly and its companion bill, S.3661, was
passed very recently at the end of the current session., to the
surprise of many. The legislation will be delivered to the the
governor, who has not indicated if he intends to sign the bill
into law or veto it.
Libraries
A.3498
(Pretlow) would establish a low-interest (2 points below prime)
revolving loan fund to help improve public library
facilities. This fund has the potential of enabling over $10
million in library capital construction projects.
This bill
was first introduced in the Assembly's Committee on Libraries
and Education Technology, which reported it to the
Ways
and Means Committee. W&M then reported it to the Committee
on
Rules, which reported it to the full floor of the Assembly. The
bill then passed in the Assembly by a vote of 136 in favor and
1
opposed. (That single no vote was cast by Assembly Member
Barraga (R) of Long Island.). Although the bill was referred
to
the Senate Education Committee, a Senate bill has not been
introduced.
Bicycle Safety
A.3632
(Cahill) would require that bicycles be equipped with a
red or amber reflector for night use. Current law stipulates
red
reflectors only for use on the rear of a bicycle. However,
recent studies have shown that amber lights are more visible
than
red lights. This legislation would allow bicyclists to use
either amber or red rear fender lights.
The Assembly's
Transportation Committee reported this bill to the
Codes Committee, which reported it to the floor of the Assembly.
The bill was passed in the Assembly and was delivered to the
Senate. It is currently under review by the Senate
Transportation Committee, although a companion bill has not been
introduced.
The
above is just a sampling of what State elected officials are
working on. To express support or opposition on any pending
legislation, contact your Assembly Member and Senator. Their
contact information is available on the websites listed above.
* Kathy works
as Communications Coordinator for State Assembly Member Richard
N. Gottfried. In future issues of The Rhinebeck
Demogram she will contribute ongoing coverage in the form of
a
column, "Spotlight on State Legislation."
QUOTE OF THE MONTH: The Party's Over for a Betrayed Republican
"We're
poisoning our planet through gluttony and ignorance.
We're teetering on the brink of self-inflicted insolvency. We're
selfishly and needlessly sacrificing the best of a generation.
And we're lying about it.
While it
has compiled this record of failure and deception, the
party which I'm leaving today has spent its time, energy and
political capital trying to save Terri Schiavo, battling the
threat of single-sex unions, fighting medical marijuana and
physician-assisted suicide, manufacturing political crises over
presidential nominees, and selling privatized Social Security
to
an America that isn't buying. We fiddle while Rome burns.
Enough is enough. I quit."
(James Chaney,
attorney in private practice for more than 20 years, has been
a registered Republican since 1980. This is an
excerpt from his Guest Viewpoint in The Register-Guard of Eugene,
Oregon, 6/26/05)
BRIEFS
A
PERSONAL ENDORSEMENT FOR JOEL TYNER
Joel
Tyner deserves Democratic support as he seeks re-election as
our County Legislator. He is committed, hard-working and
demonstrably incorruptible; qualities we Democrats have found
lacking on the state and national scene. He has been on a fast
track learning curve these past two years of his first term and
now understands how the legislature works and why it doesn't
work. He is making some progress toward the achievement of more
transparency in the process and toward increased involvement
of
the public (note his walk to bring tax fairness to the Hudson
Valley). Joel has educated the public through workshops on taxes
and corporate tax breaks. I attended one of his forums in
Rhinebeck and it was conducted in a very professional manner
by a
knowledgeable and savvy former state employee. He is responsive
to his constituents at every level, not hesitating, for instance,
to go to bat for Clinton residents when they opposed a traffic
light at Centre/Hollow Roads. Joel's efforts to bring a higher
level of protection for the public on environmental issues such
as well testing and gasoline additives have stimulated the
interest of the press and even some collaboration by the opposing
party. He was an early participant in the Stop the Plant
movement, which was recently resolved in our favor, and helpful
in encouraging Rhinebeck to join the Greenway. Joel continues
to be fiscally responsible, looking for ways to cut taxes,
prescription costs and jail expansion. I will support Joel this
fall and hope that you will as well.
--- Mary Hathaway, Knollwood
Road, Rhinebeck.
HAVA,
NEW YORK STYLE
New
York lawmakers completed their legislative session on June
24
but are returning to their constituencies without having
clarified the state's compliance with HAVA (the Help America
Vote
Act), the provisions of which will govern the 2006 national
elections. A recent and controversial decision handed down by
the Joint HAVA Conference Committee and passed by the state
legislature forces the counties to make important decisions.
Since each county election board has two commissioners - one
from
each major party - agreement at the county level seems just as
problematic as it was at the state level.
The major
point of disagreement in some counties is likely to be
the type of voting machines chosen. The contenders are the
optical scanners and the DREs ("touch screen" machines).
Supporters of the optical scanner, which provides a paper ballot
should a re-count be necessary, consider the DRE unreliable
(subject to both malfunction and manipulation), not to mention
too expensive. The choice seems obvious, but county officials
will be under extraordinary pressure from producers of the DRE
machines.
Our state
is the last to comply with HAVA regulations and voting machine
upgrades. At stake is more than $200 million in enabling
funds. Whether or not we do qualify for the funding, the state
must comply with all HAVA mandates. ("Voting Machine Decision
Falls on Counties," Legislative Gazette, 6/27/05)
ACTION: Call
the Dutchess County Board of Elections (845-486-2473 or 2476)
to indicate your thoughts or concerns about voting
machines in our county.
WATCHING
DRUG PRICES
Currently
the New York State Attorney General's office and AARP, with
the help of volunteer citizen surveyors, collect and post
online at www.NYAGRx.org data which some consumers can
use to
comparison shop at some of their local pharmacies. This effort
is possible because current state law requires that pharmacies
post a sign advising the public of the availability of a list
of
the pharmacy's prices on 150 top-selling drugs. But the
collection and reporting of these lists to the AG's office is
a
complex and time-consuming process and can never be comprehensive
since it relies on volunteerism.
However, Senate bill
1936 and Assembly bill A5403 (see "Albany
Update" on the earlier pages of this Demogram) would require
every pharmacy in New York State to take the initiative by
transmitting their price lists to the Department of Education
on
a weekly basis, for posting online at a central website. Once
the prices are available to you in this fashion you will be
surprised at the variation in pricing within a single township!
ACTION: Help
keep your drug prices down. Call toll-free: 1-800-700-6469
and ask your state legislator to support these
bills.
CALENDAR
All
meetings and events listed are open to the public. Dates, times
and places are subject to change, so call ahead to confirm.
JULY
July
5-7, Tuesday-Thursday --- THREE FILMS ON SPRAWL will be shown
at 7:30 pm at the Hyde Park Free Library Annex, 2 Main
Street (845-229-7791)
-- Tues: "Subdivide and Conquer"
-- Wed: "Livable Landscapes, By Chance or Choice?
-- Thurs: "Save Our Land, Save Our Towns"
July 11,
Monday --- RHINEBECK TOWN BOARD meets, 7:30 pm, Town Hall (876-3409)
July 12,
Tuesday --- RHINEBECK VILLAGE BOARD meets, 7:00 pm, Village
Hall (876-7015)
July 14,
Thursday --- VICKY PERRY CAMPAIGN KICKOFF. She will formally
announce her candidacy for Dutchess County Legislature,
District 20 (Red Hook and Tivoli) at :00 pm, Red Hook Recreation
Park (758-2933)
July 17,
Sunday --- FUNDRAISER FOR DIANE JABLONSKI, Candidate for
Dutchess County Comptroller, 3:00 to 6:00 pm at Clinton
Vineyards. (email dljab@attglobal.net for more information)
July 25,
Monday --- RHINEBECK DEMOCRATIC COMMITTEE (RDC) meets, 7:30
pm, Town Hall (876-0885)
AUGUST
August
8, Monday --- RHINEBECK TOWN BOARD meets, 7:30 pm, Town Hall
(876-3409)
August 9,
Tuesday ---RHINEBECK VILLAGE BOARD meets, 7:00 pm, Village
Hall (876-7015)
August 29,
Monday --- RHINEBECK DEMOCRATIC COMMITTEE (RDC) meets, 7:30
pm, Town Hall (876-0885)
SEPTEMBER
PREVIEW
September
5, Monday --- RED HOOK DEMOCRATS' LABOR DAY PARTY, on
the Hudson (email demzip125@gmail.com for more information)
September
10, Saturday --- DUTCHESS DEMOCRATIC WOMEN'S CAUCUS (DDWC)
FUNDRAISER AND MEET THE CANDIDATES EVENT (Call 876-6581
for location, time, etc.)
September
12, Monday --- RHINEBECK TOWN BOARD meets 7:30 pm, Town
Hall (876-3409)
September
13, Tuesday --- RHINEBECK VILLAGE BOARD MEETS 7:00 pm, Village
Hall (876-7015)
September
26, Monday --- RHINEBECK DEMOCRATIC COMMITTEE (RDC) meets 7:30
pm, Town Hall (876-0885)
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EDITOR: Tess McKellen
TECHNICAL ASSISTANCE: David Hoffman
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