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ACAL NewsRecent Documents...
News Updates...Town of Boonville OfficialsVillage of Boonville Officials 13149 State Route 12 Boonville, NY 13309 February 9, 2007 Dear Elected Officials of Boonville, Throughout New York State, small towns are fighting to keep obsolete, polluting landfills out of their communities through “home rule”, the general powers of local governments to adopt and amend local laws. Many of these townships, such as the Town of Albion, have been successful in exercising their citizens’ rights by keeping landfills out. The nearby Town of Ava is a unique case. Ava has no rights because their power has been taken away and given to the state-appointed Oneida-Herkimer Solid Waste Authority, which supersedes local town law, and whose plans and permits for the landfill were granted by the New York State Department of Environmental Conservation. How do local citizens reclaim their rights to protect their towns and villages? By fighting back. A recent article entitled “Corporations face growing backlash as towns assert rights” located in the Winter 2006 issue of Sierra Atlantic Newsletter, discusses the rise in corporate power and the increase of corporate influence in the court system, and how local townships need to reclaim their rights. The article explains that a common goal of Sierra Club activists is “to force our government to better respond to the needs of our citizens and, most importantly, to respect the laws of nature. To do this we must educate ourselves about how we came to be dominated by corporate capitalism and how we can change this paradigm and reclaim our democracy before it is too late.” Sierra Club is just one organization working to help townships and citizens empower themselves against any entity that could cause potential harm to their communities. There are others, including Adirondack Communities Advisory League and the Town of Ava. ACAL’s Clean Water Act citizens’ suit is about holding a powerful public authority accountable for allegedly polluting the environment. The Town of Ava opposes a landfill forced into their community and refuses to sacrifice the rights of its citizens against future pollution and liability. After doing some research, I was able to obtain a legal opinion from a respected environmental attorney regarding the proposed “local community compensation package” offered to the village and town of Boonville by the Oneida-Herkimer Solid Waste Authority. Page 2 I was told, “The general rule is a municipality cannot bargain away its governmental powers.” Since the town and village are responsible, by law, for its citizens, their health, welfare and safety “can’t and should not be bargained away.” In addition, “any legal ambiguities” such as Item #20 of OHSWA’s proposal, The village and town agree that the village and town will not participate directly or indirectly in name or by action or by any monetary support in any legal challenges to the operation of the landfill facility, could place the town and village in a position “that could expose the town [and village] to liability - either angry citizens will sue the town [and village], or the town [and village] itself will regret its inability to address a real safety concern.” So-called “local community benefits” are appallingly unjust when citizens are asked to sacrifice their rights in order to receive something in return. Citizens’ rights are not for sale! Boonville officials must reject any offer that binds and gags local government from protecting its citizens. Boonville leaders must not allow the Authority to manipulate and restrict the power to protect its citizens. OHSWA is offering to pay the town and village $90,000 to be split evenly between both municipalities annually. This amount divided by the total population of Boonville residents equals approximately $13.00 per person. Is this trivial amount worth giving up citizens’ rights to protect their health, welfare and safety? Is this how a town and village fights back to reclaim its power over a state-appointed public authority? Towns and villages must do what it right and just for the future protection of its citizens and the communities in which they reside. ACAL supports of the action of the Town of Ava and the Town of Lewis to stand firm against the Oneida-Herkimer Solid Waste Authority and the landfill they forced into an unwilling community. ACAL urges the town and village of Boonville to demonstrate a solidarity with their sister townships by denying any “local community compensation package” offered by the entity who continues to show no concern or respect for the citizens of Boonville, Ava and West Leyden. If you have any questions or wish to obtain additional information, you may contact me, or ACAL board member, Ian Klingbail, at 942-2610. Thank you for your time and attention to this matter. Sincerely, Jacki Chamberlain, Communications Chairperson Adirondack Communities Advisory League (ACAL) Board of Directors P.O. Box 202, Boonville, NY 13309-0202 acalnews@gmail.com 07/02/10 - Burning household trash is illegal in New York 06/17/10 - New Yorkers for Zero Waste Platform 07/13/09 - ACAL - Alive and well 04/13/08 - ACAL 2008 Update - Part 2 03/18/08 - ACAL Continues Environmental Mission in 2008 11/09/07 - Tug Hill Tomorrow Land Trust 10/26/07 - A good read - The Adirondack Atlas 10/12/07 - New York State Opening Meeting Law 09/28/07 - ACAL Fall Foliage Auction Oct. 5 09/21/07 - Integrity found in the Town of Ava 09/14/07 - Tug Hill resources have been targeted 08/19/07 - Fair and straighforward journalism? 08/10/07 - A Needed Appreciation for Nature 08/03/07 - New York State Municipal Home Rule Law 07/27/07 - Boonville Village Litter/Debris Local Law 07/19/07 - Black River Landing Subdivision Issues 07/13/07 - WTE vs. Landfills 06/29/07 - Too many impaired waters - Black River Watershed 06/22/07 - Protecting our drinking water starts at home 06/15/07 - ACAL Joins Northern Forest Alliance 06/07/07 - ACAL Holds 200/20 Drawing & Picnic, Annual Meeting 06/07/07 - ACAL AWARDED GRANT 06/01/07 - Be a solution - get involved 05/25/07 - American flags do not belong in landfills 05/24/07 - PRESS RELEASE - ACAL Signs Stolen & Vandalized 05/18/07 - Reality check for the DEC 05/04/07 - All citizens are called to act responsibly 04/27/07 - "An Inconvenient Truth" 04/13/07 - Citizens Deserve the Whole Truth ... 04/06/07 - Great Lakes United & Citizen Resources 03/30/07 - "What is the future of local government?" 03/23/07 - Citizens Expect More From Local Government 03/16/07 - Plastic Grocery Bags Harm Wildlife 03/09/07 - The Precious Gift of Water 03/02/07 - Working Together to Protect the Environment 02/26/07 - Grassroots groups are citizens who care! 02/16/07 - Local Citizens Want Environment Protected 02/09/07 - Open Letter to Boonville Town/Village Officials 02/02/07 - Ava Landfill Story Told in Chicago 01/26/07 - It's time for New Yorkers to reclaim their rights! 01/12/07 - CITIZENS' RIGHTS ARE NOT FOR SALE! 01/05/07 - "DO NOT LITTER" Applies to Everyone 12/15/06 - "March of the Penguins" 12/08/06 - Be "good news" in the community 12/01/06 - Moose Creek Prediction - 12 years ago! 11/22/06 - United Haulers v. OHSWA 11/17/06 - A Citizen's Rights 11/03/06 - EXERCISE YOUR RIGHT TO VOTE 11/01/06 - ACAL statement regarding opening of landfill 10/24/06 - OHSWA Opens Landfill Without Required DEC Permit 10/20/06 - OHSWA required by DEC to have proper permit 10/13/06 - Dr. Bob Johnson Speaks at Public Forum 10/06/06 - OHSWA Fails to Deliver 10/04/06 - PRESS RELEASE - Court Denies OHSWA Motions 09/26/06 - PUBLIC SERVICE ANNOUNCEMENT 09/21/06 - If OHSWA knew what they were doing ... 09/08/06 - Joint Board Resolution Revisited 08/28/06 - A Special Message 08/11/06 - Who will save the Town of Ava? 07/21/06 - The Emperor isn't wearing any clothes! 06/10/06 - Honoring Flag Day 05/19/06 - Local Residents Demand Protection for Environment 05/12/06 - The Foundation for a Better Life 05/05/06 - ACAL will pursue justice 04/28/06 - "Tug Hill, A Threatened Paradise" 04/21/06 - NYS environmental law contradicts State action 04/13/06 - The Tug Hill Plateau is worth protecting! 03/22/06 - Press Release - OHSWA & Rifenburg Being Sued 02/24/06 - ACAL Finds NYSDEC Consent Out of Order 02/03/06 - ACAL Defends the Truth 01/02/06 - PRESS RELEASE 12/15/05 - ACAL Continues with its Mission 12/01/05 - Tug Hill Heritage 11/23/05 - Boonville Breaks Resolution 11/06/05 - October 2005 OHSWA meeting 10/28/05 - NYS Waste Disposal Policies Not Enforced 10/21/05 - Environmental Conservation Laws 10/12/05 - Response to Village Trustee 09/23/05 - OHSWA Permit Violations 09/16/05 - ACAL Misinformation 09/07/05 - Press Release: DEC Enforcement Action 08/24/05 - ACAL Misinformation 08/05/05 - It's never too late 07/22/05 - Citizens, stand strong - DO NOT NEGOTIATE! 07/15/05 - PRESS RELEASE - Problems on Ava Landfill Site 07/08/05 - The truth must be told 07/07/05 - WBRV Statement #5 - DANGER to our drinking water 07/06/05 - WBRV Statement #4 - Polluting landfills kill 07/05/05 - WBRV STATEMENT #3 - Boonville Poll Not Official 06/29/05 - WBRV Statement #2 - Landfills provide NO benefits 06/27/05 - WBRV Statement #1 -Towns must stick together 06/24/05 - Waste to energy facilities better alternative 06/17/05 - Boonville boards break agreement 06/17/05 - Slope failure sends mud into Moose Creek AGAIN! 06/12/05 - Environmentally safe alternatives to landfills 05/27/05 - Town of Ava will file an appeal 05/22/05 - Dynamite blasting on landfill site? 05/15/05 - Oneida County in Trouble 05/08/05 - FACTS and What You Can Do 05/01/05 - Community Gathers for Prayer Service 04/24/05 - Personal Letter to NYS Comptroller Alan G. Hevesi 04/17/05 - Power of Prayer 04/03/05 - The Waste Authority Must Be Stopped! 03/27/05 - Letter to NYS Comptroller Alan G. Hevesi 03/20/05 - OHSWA Propaganda 03/13/05 - Letter to Griffo - Put Words into Action! 03/06/05 - Get involved in your community 02/27/05 - Assemblyman Townsend Has Concerns Re: OHSWA 02/06/05 - Power of the Press 01/24/05 - Legislator Pam Mandryck Opposes SWA Reappointment 01/02/05 - Weeks of 1/2 - 1/16/05 12/22/04 - Response to letter 12/12/04 - Senator Ray Meier Favors Ava Landfill 11/28/04 - Proud Heritage 11/14/04 - Oneida County chooses - for the people, or not? 11/07/04 - Letters sent to Governor and NYS Senators 10/31/04 - Ava/Boonville future - NO DUMP! 10/28/04 - Letter to Governor Pataki 10/24/04 - Environment Justice All the Way! 10/22/04 - Press Release 10/17/04 - No Civil Rights for Ava Residents 10/10/04 - Article 78 Lawsuit Against DEC Commissioner Crotty 10/03/04 - 400+ Days and Still Fighting! 09/27/04 - Family Home Threatened 09/26/04 - Important Facts to Know About the Ava Landfill 09/19/04 - Letter from Concerned Citizen 09/12/04 - Small Town of Ava Dragged into Court by OHSWA 08/29/04 - Where Do Your Loyalities Lie? 08/22/04 - Beaver Dam Incident Still a Mystery 08/15/04 - Ava-Boonville-Lewis Joint Boards Resolution |
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