Titles and taxes tackled at Highland town meeting

Questions raised about donation of riverfront property; town meeting scheduled with tax assessor

By SANDY LONG

BARRYVILLE, NY — The possible donation of Delaware riverfront property to the Town of Highland for use as a community access area brought mixed reactions from individuals who attended the July 10 town meeting. Board members expressed considerable interest in the offer, while residents made comments both in support of and in opposition to the donation. But the most startling response came from Barryville resident Jules Robinson, whose brother, Aaron Robinson, has offered to donate the land.

The roots for both men run deep within the Barryville community. Jules, who manages Wild and Scenic River Tours, conducts float trips from the property where he and Aaron grew up. Their 92-year-old mother, Gertrude, still lives in the family home there. Aaron, once the largest employer in Barryville as owner of Robinson Saw Mill Works, sold the business and his River Road home, and now resides in Shohola, PA.

Beginning in 2003, the brothers became embroiled in a lawsuit involving the ownership of an adjoining property, riverfront land adjacent to the property now offered to the town. Ownership was ultimately attributed to Jules. And while he is not claiming ownership to the offered property, Jules asserted at the town meeting that clear title to that property might be in question.

Aaron Robinson maintains that the property is his to give and, in a followup conversation, responded to his brother’s assertion by saying, “The ownership of the property is a matter of public record. If the town does due diligence, they will find that the ownership of the land isn’t in question. The town has to satisfy itself. I have a conveyable deed.”

The town board authorized town attorney Michael Davidoff to investigate the matter by securing a title search. But Jules questioned the possibility for a conflict of interest by pointing out that Davidoff’s firm, Drew, Davidoff and Edwards, represented Aaron during their court case. “His firm was a proponent for Aaron’s interest in ownership,” said Jules.

Jules also urged the board to do its homework regarding the decision to establish a community park there, citing information related to public rights of navigable waterways in New York State. “It is considered a public highway, which allows people to rest there, to recreate there. Anybody can. You can’t stop them,” he said. “Be very careful what you do with this property,” he added.

During the discussion, councilman Andrew Valenti advocated for the construction of a “boardwalk” in addition to a public beach area. A hand-drawn map was provided to the council members, depicting a potential parking area across from the beach area. But an audience member pointed out that this parcel is owned by a private individual and is not included in the offer.

River Road resident and business owner Dorene Warner reminded the board that further discussion is needed related to questions submitted by River Road property owners and read for public record at the last town meeting. “We have a number of questions that remain unanswered,” Warner said. “When will you hold the public hearing as stated at the last meeting?” she asked. “I don’t know that the board committed to that,” responded councilman Valenti. “The discussion that took place tonight was probably a hearing,” he said. But an officially recognized public hearing would require public notice and has not yet been scheduled.

Barryville resident Cathy Daboul spoke in support of a community park. “It would be wonderful if there was a place for the community to access the river,” she said. Daboul added that she would like to see a small natural beach area, not a playground with structures, where children could wade along the shoreline and examine rocks, where people could sit and read a book without having to seek permission from a private landowner.

Another woman called the potential park “an opportunity to be a community again,” while several individuals reminded the board that a location at the other end of River Road near the Barryville-Shohola Bridge should be investigated as a possible alternative since parking already exists at that site.

But Kathy Datys, who owns the Spring House on River Road and the stretch of riverfront property in front of it, pointed out that the idyllic image of families recreating peacefully along the water’s edge does not match the reality she has experienced. “I have young children and a beachfront property. Even though it’s marked, we constantly have to deal with the people who pull up along the shore. ” Datys cited “drinking, cursing and peeing” as some of the issues she routinely deals with. “It’s often not a good place for families,” she added.

Bernard Kozykowski, an architect and planner who resides in Barryville, called the property prospect a “marvelous possibility for the town.” He encouraged the town board to fully explore all matters related to the issue and added, “People with properties along the river have to be taken into the process.”

As Jules explained the history related to the property, he said, “I hate to air family laundry, but you need to know the facts and the truth.” Before Jules had concluded, Barryville business owner Alan Hochhauser interrupted him by shouting, “What does this have to do with anything?” Others began yelling comments of support and opposition, prompting supervisor Stephen Barnes to intercede by striking his gavel and telling Jules he had one minute to wrap it up.

The board then passed a motion to accept whatever property is still being offered after completion of a title search, prompting Jules to respond, “The decision seems to have been made before you reviewed this new information I’ve brought. I’m very disappointed.”

Following the meeting, Kozykowski said, “It’s an interesting and complex issue. Whether you agree with Jules or not, he should have been heard.”

Several days later, Jules summarized his assessment of the meeting by saying, “Sometimes good people with good intentions make poor decisions that are not based on the total facts. I went there to provide information and I was shut down.” The former high school teacher called the move a “fait accompli” and added that the town should practice “due diligence” as it continues this process.

Both brothers have fond remembrances of the days when the property, then known as “Traver’s Beach,” was a privately-held beachfront available for use by members of the Barryville

community. At that time, the property owners, who lived there full-time, managed issues related to riverfront usage. But both Aaron and Jules admit that things are different now, with vandalism, substance abuse, river contaminant testing requirements, liability issues, safety and floodplain concerns all a part of the mix.

“It’s a different day,” said Jules, who encounters such issues in the management of Wild and Scenic River Tours. “It can’t be run like a free-for-all,” said Aaron. “But there’s no place to swim, and the Town of Highland could use that kind of resource. It was a great thing for me. I’d like to give others the same opportunity.”

A taxing matter

On a separate matter, the board announced that a meeting has been scheduled with tax assessor Lorry King to provide information and answer questions related to taxes and the process of annual tax re-assessments. It will be held at the Town Hall in Eldred and is open to the public. To assist with providing specific answers, residents are encouraged to submit questions in advance to Lorry King at the Assessor’s Office, PO Box 198, Eldred, NY. Detailed answers will be provided. Other professionals associated with the Office of Real Property Services, including the new county director, Linda Levine, will be present as well.