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The description of Presentation b. on the work session agenda Thursday night was deceptively short:

(Res. 172-2009) Route 9W Reconstruction:

  • BAN and RAN – Ken Bond, Esq., Squire Sanders and Dempsey

There was no hint that this agenda item actually included three resolutions, two involving bonds and the third involving the creation of an advisory board, and that Interim City Manager Richard Herbek had hoped to pass all three at the regular city council meeting to be held Monday, November 9th – sans public hearing.  The discussion on these resolutions stretched to over an hour.

Quotable Quotes

All you can do is apologize. – Corporation Counsel Michelle Kelson, on how Newburgh got into its financial mess.

I have seen absolutely no will to start living within our means… All I see is just more of the same, we credit card our way out. – Councilwoman Christine Bello, on passing more bonds to reduce the tax increase from 82% to 35%.

Have you discussed furloughs? – Councilman elect Curlie Dillard, who sat at the council table during the entire work session.

There is no way I can go to my constituents and say, “we need another 35%.” – Councilwoman Marge Bell.

If you had a control board [by the state taking over], I don’t think it’s a measurably better story for you folks. – Jeffrey Hyman, Stone and Youngberg (Newburgh’s bond underwriter.)

I sat with him [Ken Bond] on the control board [Mr. Valentine means Newburgh's financial advisory board] in the 90s. – Mayor Nick Valentine.

Listen to the full discussion (approx. 1 hour 10 minutes) here:

Download this file here.

Looking Forward

“This is going to be very very difficult without a public hearing,” Mayor Valentine acquiesced, and it was decided to have a public hearing at the council meeting on November 16th, and at that same meeting a vote would be taken.

On Monday, November 9th, expect to see during the regular city council meeting a resolution scheduling the public hearing.

financialwhirlwind

Q and A with William P. Reynolds from the Office of State Comptroller Thomas P. DiNapoli

NA: On August 18, 2009, Anthony J. Dolan, CPA sent a letter to Charles Emberger, then City of Newburgh Comptroller, which states that “your annual financial report for the fiscal year ended December 31, 2008 remains delinquent.”

1. Has the City of Newburgh complied with Mr. Dolan’s request and filed its 2008 annual financial report?
WR: Our records indicate that the City filed its 2008 annual report on 10/1/09.

I also have some questions regarding the “Constitutional Tax Limit Instructions for Cities” PDF from your website.

2. Am I to understand that if the information regarding constitutional tax limit and how it is calculated is included in the annual budget no separate form with the state need be filed?
A separate tax limit form is required to be filed. The tax limit form for the 2009 fiscal year was filed on 2/19/09 [for Newburgh.]

3. To that end, is the last time the constitutional limit was calculated for Newburgh when the 2009 city budget was approved and filed with the state–or is there any more recent state filing of Newburgh’s constitutional tax limit?
The constitutional tax limit was last calculated for the 2009 budget. The 2010 form is due at least 10 days prior to budget adoption.

4. I noticed on page two of the PDF document referenced above states that “At the same time, if property values decline overall, the tax limit will decline as well.”  How is this calculated, and, for example, would the recent bottoming out of the real estate market reflect a change in the tax limit?
The tax limit is calculated by taking 2% of the five-year average full valuation as noted on page 3 of the PDF document (http://www.osc.state.ny.us/localgov/finreporting/cities.pdf). Each year’s full valuation is calculated by dividing the annual assessment roll by an equalization rate set by the Office of Real Property Services. If the five year average declines as a result of decreased property values, then the tax limit will also decline.  However, because the tax limit is based upon a five-year average, changes will occur incrementally.

8.17.09 On the chopping block: A controversial property on the sealed bid list is 257 Liberty, the building adjacent to Audrey Carey Park that is vacant and attractively decorated on its eastern façade with window paintings.  The property was sold to the Newburgh Community Action Committee in the past for a song, then bought back by the city by resolution 94-2005 on May 9th for $150,000.  In the minutes of that resolution, Councilman Bowles remarks that this “will benefit the Park and could also be a traveling spot where people can come into our City and obtain information about our City through a traveling library.  It will also be a place for young kids to see what the past has been through with pictures or movies.”  Councilwoman App: “it was the Audrey Carey Park Committee [anyone recall who was on this?] that came forward and asked the council to please purchase this so that they could make it accessible to the Park participants.”  Councilwoman Angelo: “will be voting ‘yes.’ This will provide bathrooms and a caretaker.”  Mayor Valentine: “will be voting ‘yes’ after careful consideration and reviewing in his own independent way that this would be a benefit not only to the neighborhood but certainly to the Park, which he thinks is finally on track and moving forward in a very good way.”  No comment, but a Nay vote from Councilman Cracolici.  In her comment, City Manager McGrane says the money for this will be coming from the “Property Management Program.”  McGrane’s Property Management Program mustn’t have fared so well, since in resolution 174-2005 she is shuffling money from the “Equipment Contingency” budget line to the “Acquisition of Property” to cover the purchase.  No comments about the change in funding.  Councilman Cracolici comments “that he thinks the seller should be responsible for the asbestos removal.”  Councilman Bowles comments that “this is a good thing for the Liberty Street area.  This is growth and we should do as much as we can for the people of downtown.”  The resolution passes 4-1.  Update to 2009: Dwight Douglas and Lourdes Zapata, both now city alums, both were adamant that it would be impossible to make public use of the building due to the cost of making it ADA compliant.  Hmmm.