TOWN BOARD MINUTES
 JUNE 20, 2002

A regularly scheduled meeting of the Town of Esopus Town Board was held on Thursday, June 20th at the Town Hall on Broadway in Port Ewen, New York with the following persons in attendance:

Supervisor Ray Rice
Councilman Marshall Courtney
Councilman John Loughlin
Councilman Gloria VanVliet
Absent: Councilman Wayne Freer

Recording Secretary: Diane L. McCord
           Town Clerk, RMC

Guests: Dorothy A. Martin, Director, Ulster County Real Property
                                              Tax Service Agency
John Wolham, State of New York Real Property Analyst 4
                                   Regional Customer Service Delivery - Albany
James LaPlante, Senior Equity Consultant New York State
Real Property Services - Newburgh
Dawn Letus, Daily Freeman Reporter

Supervisor Ray Rice called the meeting to order at 7:30 PM.  The meeting was opened with the
Pledge to the Flag.

ANNOUNCEMENTS:

Availability of insect spray for adults and children in the Town Clerk’s Office.
Railroad crossing closings:

Floyd Ackert Road Crossing - one week starting July 2
New Salem Road Crossing - one week starting June 30
Union Center Road Crossing - one week starting July 7

PUBLIC COMMENT:

Anne Gordon - Port Ewen: Anne Gordon thanked the Zoning Enforcement Officer for a problem that had arisen with junk cars someone had parked on her property.  This problem was resolved in a friendly way and the cars have been removed.

TOWN BOARD RESOLUTIONS:

1.  DISCUSSION OF TOWN REASSESSMENT PROGRESS

Assessor Dan Terpening gave the following commentary:

“I am Dan Terpening the Sole Assessor for the Town of Esopus.  Last year the Town Board
appointed me for a third six year term.  This term was set by the New York State Legislature so that the appointment overlaps the elected board.  This was done to take the politics away from the assessment area.

Although the Town Board cannot tell me what to assess, they do set policy.  The Board approved the 2002 Reassessment Plan last December.  Yes, I was an advocate because it was the right thing to do.  However, I could not have done it without the Board’s approval and support.  My life would be much simpler if I did not do reassessments.  I would have more personal time, as these projects are very time consuming.

Tonight we have with us Jim LePlante representing the New York State Office of Real Property and Dorothy Martin, Director of the Ulster County Office of Real Property.  I would like to introduce John Wolham Real Property Analyst 4 from the Office of Real Property Services in Newburgh.”

John Wolham works with Office of Real Property Services in Newburgh and his office has worked with Dan Terpening on the Reassessment Project.  He came to talk about the nature of the program and how it works and some of the reasons it exists.   John Wolham made the following points:

1.  Basically within New York State there is a law that says that all properties must be assessed at a uniform percentage of value and that value is market value and all properties must be treated equally.  The underlying principal of doing a reassessment is equity.  Equity is the idea that property owners will be pay only their fair share.  The way to achieve paying only your fair share for the property tax is to insure that your assessment reflects the same current market value as everyone.  The Town of Esopus is using a level of assessment of 100%.  This means your assessment demonstrates your market value as of January 1st this year.

2.  Often it is found some people associate their assessments with their taxes.  The Assessor is not responsible for your taxes.  The Assessor sets a fair market value for each and every property in the Town.  What determines the taxes is the Town, the County, and the school district which establish budgets.

3.  In 1996 a reassessment was done after of period of twenty years.  During that twenty years assessments did not change, however, the tax bills did go up because of budgetary requirements. During that period taxes changed year to year.  Your assessment is simply a way of apportioning
the taxes for the budgets that must be raised.  Reassessment is the only way to insure you as a taxpayer pay your fair share of the property tax.  If a town or city does not reassess the market value changes.  The real estate market within any given area will change.   What reassessment is meant to do it is meant to capture the changes in the real estate market.  When a municipality does not reassess it increases the  likelihood that some people are paying more than what they should and others are not paying enough, Why?  Because assessments may not reflect the current market value.

4.  Two major things are looked at on a town wide basis as a preparation to the value itself.
The Assessor must make sure that the physical characteristics of each property are up to date, making sure that building permits, demolition permits have been captured on his records then he must take a look at how properties must be grouped.  Does he want to analyze by a particular group, for example ranch houses, town houses, or river properties.....depending on the changing real estate market?  Aggregate Adjustment Factor - how a specific group of properties values have changed (trend).  In keeping with plan for annual reassessment every single property must be part of this analysis, but it does necessarily mean that every property reassessment will change nor does it mean that every properties value will change by the same amount.

DAVE PARKHURST - PORT EWEN: Over a period of time we hear that Town houses and condos may have a different type of taxing application?

John Wolham answered that condos are looked at like any other property.  Their value is based on market value just as any other one, two or three family house.  The condos would be adjusted based the results the Assessor sees.  Assessors do not base changes on one sale they are looking for a trend.  If there is a trend in the market value of a certain type of property the Assessor is obligated to make the adjustment.

BARBARA PATRICK - ESOPUS: After speaking to Jeff Gloat from Albany he stated while this is the law and there is nothing to force it happening.  In Kingston it has been said they will not have a reassessment because the Town of Esopus is paying the school tax bill for the City of Kingston.  Houses in Kingston have not been reassessed in many years.

John Wolham explained the primary reason a municipality reassesses is to insure equity within its
municipal boundaries.  The purpose of reassessment is not to try and influence what another municipality pays.  An equalization rate is determined by the ratio of the value of the municipality to the assessments.  It is a ratio of assessments to the market value of the municipality.  If our agency believes that you have satisfactorily achieved your state level of assessment of 100 then we use your stated level of assessment 100 as your equalization rate.  You then are aware of the market value of your property.  When the budgetary process takes place with your taxes the 100 is used and your taxes are not adjusted.  When you have an equalization rate say of 10% then all ofthe assessments need to be brought up 10 fold to represent the market value.  In order to apportion the level of taxes all properties need to be brought up to that level of market value.
You are getting a more accurate result at 100% then if the State had to adjust your equalization rate.

DAVE PARKHURST - PORT EWEN: John Wolham was asked when your agency examines the situation in the Town of Esopus, Town of Ulster, City of Kingston and you see a situation like the City of Kingston where assessments have not been done in many years do you take it on yourselves to examines the sales and see what has been happening in the last year?  Certainly the sales are looked at by our organization stated John Wolham..

COUNCILMAN GLORIA VANVLIET: Why do you only examine non-residential sales?  John Wolham explained the residential class are done by sales because there are so many of them but for the non-residential sales there are only a few and they are done by appraisals.  Commercial properties are done by an income approach to determine their value.

COUNCILMAN MARSHALL COURTNEY: If there is a $150,000 house regardless of where in the school district the house sits - they should be paying the same school taxes?  That is the goal stated John Wolham.  Councilman Courtney continued there is a perception that we in the Town of Esopus are paying a higher school tax bill than others.  John Wolham responded that in terms of increasing the share that equalization produces....these things will happen even without reassessment.  If one municipality has a great deal of development that will add new physical quantity to the tax roll they will take pick up a larger share, however, what is happening in Esopus is the values are being reapportioned.

BARBARA PATRICK - ESOPUS: The County Treasurer stated he is looking at these reassessments in order to pull the County out of a hole.

DOROTHY MARTIN - DIRECTOR ULSTER COUNTY REAL PROPERTY TAX SERVICE: Recently the county went out for bonding and perhaps the statement from the Treasurer was made in reference to the bonding.

COUNCILMAN COURTNEY: How do we tell if the system is working?  What information is available?

JOHN WOLHAM: As part of the reassessment and decision making Dan Terpening has to go through and validate the results based on a significant group of sales information.  Our agency takes those results and does a value verification on property types and if we find the town has received 100 % we accept the roll.  Councilman Courtney asked how we identify the property groups?  Dan Terpening explained there are five groups Connelly/Port Ewen, waterfront properties, Old Post Road/Floyd Ackert Road, St. Remy and Rifton.

COUNCILMAN COURTNEY: One factor to keep in mind is Dan Terpening is a very conscientious person doing a difficult job.  He has taken a lot of abuse as the Assessor and that is not really fair.  Taxes in New York State are very high and he is due some consideration.

SUPERVISOR RICE: School taxes consist of 64% of our taxes with 16% for the Town and 16% for the County.  There should be another way of raising taxes other than property taxes.  The Supervisor distributed sample letters to send to our representatives requesting other means of raising taxes.
 

2.         RESOLUTION REQUEST FOR DESIGNATION OF THE TOWN OF ESOPUS
 AS A GREENWAY COMMUNITY

WHEREAS, the Hudson River Valley Greenway Act, (hereinafter, the “Greenway Act”) Chapter 748 of the Laws of 1991, has as a legislative goal the establishment of the Greenway Compact, a process for voluntary regional cooperation and decision-making among the communities of the Hudson River Valley, and

WHEREAS, the process and programs that will comprise the Compact are under development, and

WHEREAS, communities may participate in the initiation and implementation of the compact process, and

WHEREAS, the Town of Esopus is situated in the Greenway areas as it was officially designated in the Greenway Act, and

WHEREAS, the Greenway Act permits the Hudson River Valley Greenway Communities Council (hereinafter the “Council”) and the Greenway Conservancy for the Hudson River Valley, Inc. (hereinafter the “Conservancy”) to assist communities in developing local planning and projects related to the five criteria contained in the Greenway Act: natural and cultural resource protection, regional planning, economic development (including tourism, agriculture and urban redevelopment), enhancing public access to the Hudson River and heritage and environmental education, and

WHEREAS, communities can become eligible to receive technical and financial assistance from the Greenway, and

WHEREAS, community participation in the Greenway planning process is voluntary, and

WHEREAS, the Greenway Act does not supersede or change the powers that the State has previously granted municipal governments under the New York State Constitution, the Municipal Home Rule Law or pursuant to the various municipal enabling acts, and

NOW, THEREFORE BE IT RESOLVED, AS FOLLOWS:
The town Board of the town of Esopus (legislative body) supports the criteria contained in the Greenway Act and the process by which the Compact will be achieved, and

The Town Board legislative body) endorses the designation of the town of Esopus by the Greenway Councilman Conservancy as a Greenway Community.

MOTION MADE BY SUPERVISOR RAY RICE
MOTION SECONDED BY COUNCILMAN JOHN LOUGHLIN

Supervisor Ray Rice    Aye
Councilman Marshall Courtney  Aye
Councilman John Loughlin   Aye
Councilman Gloria VanVliet  Abstain
Absent: Councilman Wayne Freer

Resolution duly adopted.

Date: June 20, 2002

3.  RESOLUTION APPOINTING DENNIS SURACI TO THE PLANNING BOARD

BE IT RESOLVED, by the Town Board of the town of Esopus, in the County of Ulster, as follows:

WHEREAS, the resignation of Marilyn Coffey has created a vacancy on the town of Esopus Planning Board,

WHEREAS, the Planning Board has reviewed the resumes of the many applicants and has offered their recommendation,

THEREFORE, BE IT RESOLVED, that Dennis Suraci be appointed to the Planning Board for the remainder of Marilyn Coffey’s term, which will expire on December 31, 2003.

RESOLUTION OFFERED BY COUNCILMAN JOHN LOUGHLIN
RESOLUTION SECONDED BY SUPERVISOR RAY RICE

SUPERVISOR RAY RICE    AYE
COUNCILMAN MARSHALL COURTNEY ABSTAIN
COUNCILMAN JOHN LOUGHLIN  AYE
COUNCILMAN GLORIA VANVLIET  AYE
ABSENT: COUNCILMAN WAYNE FREER

RESOLUTION DULY ADOPTED.

4.  RESOLUTION AUTHORIZING ADJUSTMENTS TO THE 2002 BUDGET

BE IT RESOLVED, by the Town Board of the Town of Esopus, in the County of Ulster, as follows:

WHEREAS, adjustments to the 2002 budget are required in order to properly reflect changes in certain accounts,

THEREFORE, BE IT RESOLVED, that the Town Board authorizes the transfer of the following amounts from the indicated accounts and Fund Balances to the indicated active accounts,

From: A1990.4 Contingency  $742.34  Attorney
       1254.72  Tables & Chairs

A599   Fund Balance  $4,526.03  Perrines Bridge Park

RESOLUTION OFFERED BY SUPERVISOR RAY RICE
RESOLUTION SECONDED BY MARSHALL COURTNEY

SUPERVISOR RAY RICE    AYE
COUNCILMAN MARSHALL COURTNEY AYE
COUNCILMAN JOHN LOUGHLIN  AYE
COUNCILMAN GLORIA VANVLIET  AYE
ABSENT: COUNCILMAN WAYNE FREER

RESOLUTION DULY ADOPTED.

5.  RESOLUTION AUTHORIZING ATTENDANCE AT ST. LAWRENCE UNIVERSITY
     JUDICIAL CONFERENCE

BE IT RESOLVED, by the Town Board of the Town of Esopus, in the County of Ulster,
as follows:

WHEREAS, the New York State Judicial Conference will be held at St. Lawrence University, July 22 and July 23, 2002,

THEREFORE, BE IT RESOLVED, that the Town Board authorizes the attendance of Town Justice Shanley, Town Justice Grieco and Court Clerk Bitonte, the expenses to be paid from the Justice Court Budget.

RESOLUTION OFFERED BY SUPERVISOR RAY RICE
RESOLUTION SECONDED BY COUNCILMAN MARSHALL COURTNEY

SUPERVISOR RAY RICE    AYE
COUNCILMAN MARSHALL COURTNEY AYE
COUNCILMAN JOHN LOUGHLIN  AYE
COUNCILMAN GLORIA VANVLIET  AYE
ABSENT: COUNCILMAN WAYNE FREER

RESOLUTION DULY ADOPTED.

6.  MOTION ACCEPTING THE MINUTES OF THE MAY MEETING

A MOTION WAS MADE BY SUPERVISOR RAY RICE AND SECONDED BY COUNCILMAN JOHN LOUGHLIN TO ACCEPT THE MINUTES OF THE MAY MEETING.  ALL TOWN BOARD MEMBERS PRESENT VOTED IN FAVOR.  MOTION CARRIED.

7.  RESOLUTION TO AUTHORIZE THE PAYMENT OF VOUCHERS RECEIVED       SINCE THE MAY TOWN BOARD MEETING

BE IT RESOLVED, by the Town Board of the Town of Esopus, County of Ulster as follows:

WHEREAS, the Town of Esopus has been presented with vouchers for payment and these vouchers have been examined and approved by the Town Board,

NOW, THEREFORE, BE IT RESOLVED, that the following vouchers be approved for payment:

GENERAL FUND  #297-367   $32,208.98
HIGHWAY FUND  #112-143     11,040.69
STREET LIGHTING #6        3,367.03
PORT EWEN SEWER #65-80       6,497.25
PORT EWEN WATER #141-160     10,335.43

TOTAL..............................................................................$ 63,449.38
 
RESOLUTION OFFERED BY COUNCILMAN JOHN LOUGHLIN
RESOLUTION SECONDED BY SUPERVISOR RAY RICE

SUPERVISOR RAY RICE    AYE
COUNCILMAN MARSHALL COURTNEY AYE
COUNCILMAN JOHN LOUGHLIN  AYE
COUNCILMAN GLORIA VANVLIET  AYE
ABSENT: COUNCILMAN WAYNE FREER

RESOLUTION DULY ADOPTED.

ANNOUNCEMENT OF THE AVAILABILITY OF CORRESPONDENCE AND REPORTS OF COMMITTEES:

The following Reports of Committees and Officials has been received and is on file in the Town Clerk’s Office:

Town Clerk’s Monthly Report dated May 2002
Highway Supt. Report dated May 2002
Tax Collectors Report dated June 2002
Town of Esopus Zoning Board of Appeals Decision on Charles Boughton
Planning Board Minutes dated June 6, 2002
Monthly Report of Building Inspector dated May 2002
Planning Board Minutes dated May 23, 2002
2002 Adjustment Report
Zoning Board of Appeals Findings and Conclusion for
Charles Boughton/d/b/a/Frozen Rainbow
Port Ewen Water and Sewer Board dated May 14, 2002
Port Ewen Water and Sewer District Monthly Report dated May 2002

PUBLIC COMMENT:

BARBARA PATRICK - ESOPUS: Barbara Patrick would like to know what goes into the school budget?  How much are we spending for Special Education?  Why are courses run for one student?  Barbara has contacted the school board and they should be back with her within two weeks.  Supervisor Rice agreed this was a good idea.

A MOTION WAS MADE BY SUPERVISOR RAY RICE AND SECONDED BY MARSHALL COURTNEY TO CLOSE THE MEETING AT 8:55 PM IN MEMORY OF JOSEPH CLARK WHO DIED IN SOUTH CAROLINA.  JOE CLARK WAS HIGHWAY SUPT. FOR MANY YEARS AND WAS ACTIVE WITH THE PARKS AND RECREATION PROGRAM AND HE DID A LOT FOR HIS COMMUNITY.  ALL TOWN BOARD MEMBERS VOTED IN FAVOR.  THE MEETING WAS ADJOURNED.
 
Respectfully submitted,

Diane L. McCord
Town Clerk, RMC