Public Hearing
Conservation Easement

A public hearing on the Conservation Easement law was held July 12, 2005 at 7:15 p.m. with the following in attendance:

Supervisor – Marirose Blum Bump
Councilwoman – Sue Crane
Councilwoman – Jean Bordewich
Councilman – Harold Ramsey
Town Clerk - Margaret E. Doty

Also present- Deputy Supervisor William O’Neill and Town Attorney Albert Trezza

Absent- Councilman James Ross

Supervisor Blum Bump opened the public hearing with the reading of the legal notice on the continuation of a public hearing on the conservation easement law.

Supervisor Blum Bump introduced Robert McKeon Chairman of the Agricultural Committee that drafted the proposed law.

Robert McKeon introduced his committee, Beth Mead, Craig Vogel and Kenneth Migliorelli. He than explained that the conservation easement law would give land owners the option of giving up the development rights on their property in exchange for a reduction in its assessed value. In its current form the law would allow owners of 10 acres or more of undeveloped land to apply for reductions in their assessed property value. The easement would be for a minimum of five years.

Mr. McKeon said this program was first suggested in our Open Space Plan which was adopted in 2000. During the last two public hearings we have heard from the public both favorable and unfavorable. We have also heard from the Conservation Advisory Council, the Planning Board, the School Board, Dutchess Land Conservancy and Scenic Hudson all in support of the program to promote open space.

Town Attorney Albert Trezza said he was changing the opening paragraph to read… It is the purpose of this chapter to provide for the preservation of open space and areas which shall constitute a public purpose for which public funds may be expended or advanced after due notice and a public hearing, by which the Town of Red Hook may acquire an easement, covenant or other contractual right necessary to preserve "open space" or "open area" as the same is defined in 103-5 herein.

Supervisor Blum Bump opened the comment period for those who wish to express their opinions to the Town Board.

Richard Franklin resident said he had some concern on the time limit and recommends 15 years with a 10 year pay back.

This law has worked to protect historical property in general point of view it has not been successful because people come in and buy the land and the offset due to the increase in land values.

Another concern is the said taxes to include state, county, town and school taxes. Not sure you have the right to include school taxes. This is going to be thrown back on everyone else. This is a serious situation as we have to think of protecting single families, senior citizens and even families who want their kids to come back to the community to live.

I have serious concerns with this conservation easements so some people get this little extra privilege added on. This town is not business friendly so our taxes are going through the roof as we have no offset. We also have to realize farmland is only taxed at 50% of its value and this is farmland in production. This can’t be for a certain group of people this has to be focused on the entire community.

Lee Ann Hansen resident said she would not apply for the program even though she would be eligible I don’t think its fair for other people to pay my share of the taxes.

Jeanette and William Anagnos said that they oppose this law although they could qualify to benefit on a 31 acre parcel they own. I couldn’t live with the idea that my neighbors were paying part of my taxes and I have no respect for people who would use this to their advantage as a tax relief while probably having no opinion one way or the other about open space.

Winthrop Aldrich, Barrytown…yes he would like to see a longer term required and yes this is a wonderful beginning for the Town to preserve its character with land use and open space character. Strongly encourage the Town Board and the people of Red Hook to adopt the law.

Charlotte Michos, Mill Road questioned Robert McKeon about the school board approval.

Robert McKeon said the school board did approve of the easement law they also expressed their opinion that it should be longer than five years.

Ralph Douglas resident… I feel the easement law would give people who are on the fence about selling or developing a tax break for a limited period of time or for the market to go up. I don’t believe the owners of the parcel are less able to pay their taxes than I am. My pension has only increased once and than my former employer saw fit to take out medical insurance payment greater than the increase in my pension. While cost continues to increase it is a struggle to make ends meet. To give a gift to large property owners is unfair to the taxpayer.

Marcy Appell resident of Barrytown…would like to know who is going to make decision of decrease assessment.

Attorney Trezza replied that the Assessor makes that decision.

Jennifer Fier, Village resident….questioned would they be using a sliding scale in determining the assessment.

Councilman Ramsey said we are looking at a number of changes with this law, years, % charged, sliding scale and the reviewing agency. We are looking at this as a way of partially controlling growth and it should save us money in school taxes.

Councilwoman Bordewich thanked everyone for coming. This is a very important although I do have issues. Some people are already finding it hard to live in Red Hook and this is my greatest concern. That is one fact as Harold mentioned the length of term and the years of pay back.

This is not an automatic approval as you will have to meet the criteria. Farmers are not eligible this applies to open space. This is not an automatic eligibility it goes through a review process, the Assessor, review committee and the Town Board all have to give their approval. I would not be comfortable voting for it until we had a criteria and a review process in place. Public hearings have been very helpful but we have more work to do before we vote on it.

Councilwoman Crane said this is no easy decision we have to arrive at place that is fair for all. Senior citizens, retired people on fixed incomes, well aware of these issues.

This proposal is to curve development, an open space program. If this is true than the properties considered must be developable. I can’t see us paying for land that is not developable.

I am not willing to pass this for a 5 year term. We need to establish a criteria as it must be developable land.

I would like to thank this Agricultural Committee who has worked so hard and give so much of their time but there is till work to be done as I couldn’t vote for it as it stands.

Supervisor Blum Bump said every survey we ever had says that we want to preserve our open space and keep our rural character. I think we should look at all the tools we have available to us to define the community we want to live in.

Seniors and farmers do get breaks.

We have been working on keeping our community growing for decades and this is another tool to keep Red Hook as we want to we have to use it wisely.

I appreciate the work our Advisory Committee has done with another tool toward defining Red Hook as we want to keep it.

Beth Mead said we look at this as saving taxes down the road and protecting our open space.

Kenneth Migliorelli said he was looking at it as another tool to work with.

Craig Vogel feels the open space is as important as a quality of life. If we reduce building we will reduce our tax base. There are many different phases of this law so it doesn’t make it automatic but we need to protect open space.

Robert McKeon…I know some of these parcels will eventually be developed but there are benefits in the delay of development. We did two surveys before we started this program.

This program for the landowner will be a commitment of time for what ever years we decide.

Without this we could be looking at large increase in taxes if we don’t do something to stop it. These parcels would demand more in service than they brought in tax dollars if homes were built on them.

Attorney Trezza explained that any changes to the law would require a public hearing.

Motion by Supervisor Blum Bump, seconded by Councilwoman Bordewich closing the public hearing at 8:23 p.m.

Motion by Supervisor Blum Bump, seconded by Councilwoman Bordewich withdrawing the former motion.

Motion by Councilman Ramsey, seconded by Supervisor Blum Bump not to close the public hearing but to continue the public hearing on the Conservation Easement Law on August 9, 2005 at 7:15 p.m.

Supervisor Blum Bump- Yes
Councilwoman Crane- Yes
Councilwoman Bordewich - Yes
Councilman Ramsey - Yes

Town Clerk,  Margaret E. Doty