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HomeMy WebLinkAbout1994-04-12TOWN BOARD MEETING APRIL 1E, 1994 Supv Schug called the meeting to corder at 7:30PM Members and guests participated in the Fledge of Allegiance Roll call was by Town Clerk. Lloyd: Present : Supv Schug, C 1 m Baker, C 1 m T. Hatfield, C l m C. Hatfield, Clm Roberts, Atty Perkins and Z.O. Slater Approval of minutes: Motion was made by C 1 m Roberts and 2nd by C 1 rn C. Hatfield that the minutes of the tiawn board meeting held 3 -8 -94 be approved. Carried COUNTY BRIEFING Supv Schug - it may take the town c years to be reimbursed from the county for the cost of installing the bus shelter on Beam Hill Rd. The county is also talking about another clean up in September and not charging the tipping fee. Co. Rep. Totman - the - he attended the 911 committee happy meeting and it seems to be very well accepted by the County y board members. • CITIZEN PRIVILEGE OF THE FLOOR Karl Westerling - wanted to know the status of rezoning on Rt 13 north of the village of Dryden. Supv Schug - the town board .just received the recommendation from the planning beard this past week and it will be discussed at the May town board meeting since the board mernbers have not had time to look over the recommendation. Thelma Youmans fry rn Willowbrook Manor - asked the Town Board to pass a resolution of support of their petition for a traffic light to be installed at the intersection of Neptune Drive and Rt. 13. Supv Schug - the town board will be happy to support the village of Dryden request for support of the traffic light. Jean Ryan - reported there would be a school for the zoning board of appeals members to attend in October at TC 35 COUNCILMAN PRIVILEGE OF THE FLOOR Supv Schug - reported on the Virgil Creek dam. The county board approved the initiation of legal proceedings for eminent domain as part of the purchase agreement for acquisition of land to Virgil Creek. 43 iAD , =F° Tompkins County BOARD OF REPRESENTATIVES Courthouse," Ithaca, NA, 14850 M E M 0 TO: Dryden Town Board, Freeville Board of Trustees, Dryden Board of Trustees FROM: Michael E. Lane, Tompkins County Representative-'`` DATE: April 15, 1994 SUBJECT: General tax information Enclosed are copies of information supplic" by County Administrator, Scott Heyman, to the County Board of Representatives. It discusses the division of sales and mortgage faxes, equalization rates, etc. x t1lought it was helpful and thought board members in the town and villages might like it as well. �a Recycled paper Vt I. SALES TAX (see also Tax Distribution Table enclosed) • In New York State cities and counties are permitted to charge sales taxes provided that the Legislature enacts and the Governor signs a law authorizing such a tax. In other words, cities and counties may charge sales taxes but only if the State of New York agrees to allow them to do so. Historically, the State has been willing to agree to do so when requested without significant controversy by a city or a county. Since the latter 1960's, sales taxes have been imposed by Tompkins County and by the City of Ithaca and from the early 1970's until 1992 those funds have been divided as specified in the next paragraphs. The City of Ithaca requested and received from the State of New York a law authorizing the imposition of a 1 %2 percent sales tax on purchases within City limits and on motor vehicles purchased elsewhere by City residents. . -- The C„vu.lty of Tompkins has imposed a 3 percent tax on purchases outside the City limits ?und on purchases of motor vehicles made by residents of the nine towns 'hat are njade within the City of Ithaca. an amount that it shares equally with nine towns; and a 11;X2 percent sales tax on purchases within the City of Ithaca and on purchases of motor vehicles by City residents from vendors outside the City. The towns' portion of the sa les tax received by the County (see above) is allocated to the nine towns and the six villages o.1 the basis of their population. Therefore) .a tovrrI. that 11as 10 percent of the total population of all nine towns according to the last decennial census receives 10 percent of this amount. The sales tax momes.to which the towns and villages are entitled may be taken by them in one of two ways: 1) as a credit against their county real property taxes (this is currently done by the Towns of Caroline, Danby, Newfield, Enfield, Ulysses, and Groton), or; 2) as a direct payment from the County after the County receives the funds from the New York State Department of Taxation and Finance (currently the case for the Towns of Ithaca, Dryden, and Lansing and for all six villages). The City of Ithaca receives its share of sales taxes directly from the State of New York since it has its own sales tax law. The remaining 4 percent sales tax is retained by the State. From December 1, 1992, until May 31, 1993, an added 1 percent was authorized by the State to be charged and retained by Tompkins County. Since June 1, 1993, the added 1 percent has been split, with 25 percent being returned by the County to the City (based on point of sale as above) or to the towns and villages. As with the rest of the sales tax, the towns and villages each receive a percent of this based on their proportion of the total population of the towns and villages as a whole. ,1 I - ,1 I N. HER, } . 2 Effective December 1, 1993, the County has agreed to pay to the City $825,000 out of its 75 percent share. This will be paid in cash except when agreement is reached on transferring traditional City funding obligations for health and human service agencies, youth counseling, and transit. Towns and villages have been notified that they can expect the County to assume their costs for county -wide services. Payments to the local municipalities or to the entities "swapped" with the City, will rise or fall in future years at the same rate that sales tax proceeds rise or fall. • •. 9 I I `A F° • N C" ?H �C d y H N H x PEA A r r N r W v i is 1 {F a� i !ry EMT x . 0 0 1 , 3 II. COUNTY TAX DISTRIBUTION TABLE (see attached) This table describes the process by which County tax bills are computed in each of the 16 municipalities in Tompkins County. Each column of the table represents one of the factors that goes into determining a taxpayer's bill. The figures in each of the columns are determined as follows: • Assessed Value (Column 1): Determined by the Division of Assessment, final action by the Board of Representatives each year. • Equalization Rate (Column 2): Determined by New York State Department of Equalization and Assessment; approved by the County Board of Representatives. • Full Valuation (Column 3): Column 1 divided by Column 21 • Gross Lew (Column 4): Determined by County & elrd of Representatives at budget adoption meeting, Must be equal to the difference between total budgeted expenditures and total budgeted revenues less any fund balance appropriations. Proportion of gross levy charged to each municipality is equal to the proportion of that municipality's full val.laation to total County -wide full valuation. • Credits (Column 5): Six Tompkins County towns continue to use their town sales tax revenues as a credit against County taxes. • Net Le (Column 6): column 4 minus Column 5. When a negative figure is shown, the amount is paid directly to the town. • Workers Compensation (Column 7): The County was self - insured for Workers Compensation in the distant past, and these amounts are charged to the local municipalities to make the required payments that remain from that time. • Adjusted Net Tax (Column 8): Equals Columns 6 plus 7. • Final Tax Rate (Column 9): Equals Column 8 divided by the number of thousands of dollars in Column 1. 1 rill qS q �T M.d I • H III. EQUALIZATION RATES The equalization rate is defined as the fraction of full value of the assessed valuation. The establishment of equalization rates is designed to prevent property taxpayers in one municipality from paying a higher or lower proportion of property taxes for multi- municipality services such as those provided by schools and counties as a result of differing rates of property value inflation in different municipalities. - To "equalize" these disparities, the State Board of Equalization and Assessment conducts appraisals of a sample of the real properties in every taxing district in the State of New York, using as their basis actual sales. They use a complex formula to arrive at an equalization rate and the "assessed value" established by the local assessing district is then divided by that rate. The resulting figure is called the "full valuation." This description is a little confusing since the figure produced by the application of the equalizatLilon gate sometimes does not represent full current market value. The formula the State uses lags at least three years behind current values. Nevertheless, it is the same formula and uses the same timing on a State -wide basis so it is considered by the State to be. fair. The County Board asked the State to stop using this approach for school taxes in Tompkins County since our assessments are more up -to -date and take full account of variations caused by inflation; the State refused. When the next County -wide. revaluation of property went into effect in the Fall of 1990, the County began to use an equalization rate of 1.0 rather than the State figure. Nevertheless, for any taxing entity that extends outside the County (i.e., all local school districts except Hunt Memorial or George Jr. Republic), the State percentage continues to be used. It is of note that the equalization process only equalizes for differences in inflation among municipalities. Only a County -wide revaluation can equalize for differences in inflation within municipalities; for example, between cottages on the lake in the Town of Ulysses and idle pastureland in the Town of Ulysses. Tompkins County collects delinquent taxes in the Budget and Finance office on the second floor of the Old Jail Building. Between January 1 and June 30 the County does not collect taxes that are paid on time with the exception of franchises and State lands. Second installments on current year Town/County tax notices are due and payable to the County on July 1. (Annual Solid Waste Fees are due and payable "on time" between August 1 and August 31.) Town and County taxes paid after June 1 of the year they became due must be paid directly to the Budget and Finance office. School district taxes due to the central school districts and village taxes that become delinquent are returned to the Budget and Finance office in November and relevied along with unpaid Annual Solid Waste Fees as part of the Town and County tax the following January. They likewise can only be paid in the Budget and Finance Office after June 1. Ithaca City School District taxes, with the exception of those parcels located in the City of Ithaca, are paid at the Budget and Finance office after mid - January. Delinquent taxes on propc_ty in the City of Ithaca that are owed to City government or the Ithaca City School District are collected by the City Chamberlain's office, and not by the County Budget and Finance office. Property taxes and Annual Solid Waste Fees that become delinquent are assessed a 5 0 percent penalty. Interest is calc;ulate6 at 1 percent per moth on the returned amount through the "Tax Sale" (or "Tax Lien Sale ") date. Interest, at the rate of 10 percent per year, is calculated on a daily basis thereafter on the basis of the "Tax Sale" amount. Delinquent taxpayers are notified by mail in mid - August during the first year that: 1) their taxes are delinquent; 2) that "Tax Sale" proceedings have begun; 3) that the delinquent property and its reputed owner will be subject to advertising during the months of September and October; 4) that on November 1, the "Tax Sale" will be held, all liens to be purchased by Tompkins County, and; 5) that a 20 percent penalty will be assessed at the time of the "Tax Sale." During the second year after taxes first became due, a notice of "redemption" is mailed to the property owner indicating the amount due as of the anniversary of the "Tax Sale" and the commencement of advertising. Tompkins County operates under Article III of the Real Property Tax Law which specifies that foreclosure proceedings on properties whose taxes are delinquent may be commenced after the passage of four-full years.from the original date when the taxes became due. In practice, the County Administrator's office, when the foreclosure is approaching, notifies any County Board member who has within the boundaries of his or her electorial district ;I of f. i 5 • Iv. DELINQUENT TAXES ' Tompkins County collects delinquent taxes in the Budget and Finance office on the second floor of the Old Jail Building. Between January 1 and June 30 the County does not collect taxes that are paid on time with the exception of franchises and State lands. Second installments on current year Town/County tax notices are due and payable to the County on July 1. (Annual Solid Waste Fees are due and payable "on time" between August 1 and August 31.) Town and County taxes paid after June 1 of the year they became due must be paid directly to the Budget and Finance office. School district taxes due to the central school districts and village taxes that become delinquent are returned to the Budget and Finance office in November and relevied along with unpaid Annual Solid Waste Fees as part of the Town and County tax the following January. They likewise can only be paid in the Budget and Finance Office after June 1. Ithaca City School District taxes, with the exception of those parcels located in the City of Ithaca, are paid at the Budget and Finance office after mid - January. Delinquent taxes on propc_ty in the City of Ithaca that are owed to City government or the Ithaca City School District are collected by the City Chamberlain's office, and not by the County Budget and Finance office. Property taxes and Annual Solid Waste Fees that become delinquent are assessed a 5 0 percent penalty. Interest is calc;ulate6 at 1 percent per moth on the returned amount through the "Tax Sale" (or "Tax Lien Sale ") date. Interest, at the rate of 10 percent per year, is calculated on a daily basis thereafter on the basis of the "Tax Sale" amount. Delinquent taxpayers are notified by mail in mid - August during the first year that: 1) their taxes are delinquent; 2) that "Tax Sale" proceedings have begun; 3) that the delinquent property and its reputed owner will be subject to advertising during the months of September and October; 4) that on November 1, the "Tax Sale" will be held, all liens to be purchased by Tompkins County, and; 5) that a 20 percent penalty will be assessed at the time of the "Tax Sale." During the second year after taxes first became due, a notice of "redemption" is mailed to the property owner indicating the amount due as of the anniversary of the "Tax Sale" and the commencement of advertising. Tompkins County operates under Article III of the Real Property Tax Law which specifies that foreclosure proceedings on properties whose taxes are delinquent may be commenced after the passage of four-full years.from the original date when the taxes became due. In practice, the County Administrator's office, when the foreclosure is approaching, notifies any County Board member who has within the boundaries of his or her electorial district ;I W° ry H 0 6 an owner- occupied parcel that is approaching foreclosure. In most cases, the County Board member makes serious attempts to contact the taxpayer to make sure that they understand the seriousness of what is happening and to refer them to parties who can advise them on how not to lose their property and their equity in it, if any. Any Board member who feels that the party they are dealing with may not be fully in control of their faculties may contact the Director of Mental Health Services and/or the Adult Services Unit in the Department of Social Services for assistance. A few months following the completion of foreclosure proceedings each year, a listing of those properties and details of a subsequent County -owned Property Sale are direct mailed to those interested (via an ongoing mailing list kept in the Budget and Finance office) and are advertised in the newspaper to be sold to the highest bidder. The County Administrator . and the Budget and Finance Manager conduct this sale. Properties of significant value that do not yield a competitive bid at the auction are turned over to Patterson Real Estate, W tl x, rKti .c r: .31 Ti..:`4 'wv r� I • • • V V. COLLECTION AND APPORTIONMENT OF MORTGAGE TAX Pursuant to New York State Law, a tax equal to $7.50 per $1,000 of the mortgaged amount must be paid to the County Clerk at the time of most mortgage transactions. Two - thirds, or $5.00 per $1,000, of this amount is returned semi - annually, along with apportioned interest, to the city or town where the subject property is located. The six villages in Tompkins County receive their proportionate share of the money being paid to the town in which they are located, based on their population. . A special additional tax of $2.50 per $1,000 is paid to the County Clerk inmost cases by the lender or mortgagee. This tax plus one -half of the interest is paid to the State of New York Mortgage Agency, also known as SONYMA. The other one -half of the interest on this special tax is retained by Tompkins County. All credit union mortgages are exempt from the special tax as are lenders who are natural persons where the property mortgaged has one residential structure already on t:e property. tax. The County will retain $36,059 in 1994 in payment for its expenses in administering this The Board of Representatives must vote on a resolution every six months allocating these funds to the appropriate municipalities. 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N x m 2 v � M U7 M M m H 0 o x tj r M I r 1D u yW fn m M m En tri 0 C7 _ r L V O r a tD l A �\ m _ C \/ CHi V J II \! i LD to ` t0 A r o Co 01 J t0 O tD V r O 0 dp 0 O r O m III 01 J t0 0 J Ln A A J m Ln m Ln O W A t0 Ln W O 0 m A W m to Ln to u to r m LO ft to O W N m n m 0 r r a CD m m to CA O CD (T 01 r O 0 OP0 O CD m t0 01 O m tT rn A A Ln to Ln r A J W J rn J J m O 0 01 tp r J W A J A m rn r 01 N N N O m n Q r r r C CD In O U1 fA r n CL F+- K m s 0 0 O M F x CD ro H m X H It D Ito 1� co Im Im Ln IN I© I IL 7'! N x m 2 v � M U7 M M m H 0 o x tj r M I r 1D u yW fn m M m En tri 0 C7 _ r L V O r a tD l A �\ m _ C \/ CHi V J II \! i LD to ` t0 A 7'! N x m 2 v � M U7 M M m H 0 o x tj r M I r 1D u yW fn m M m En tri 0 C7 _ r L V O r a tD l A �\ m _ C \/ CHi V J II \! i LD to ` t0 A RESOLUTION NO. 109 (1994) Councilman Roberts offered the following resolution and asked for its adoption: WHEREAS, Tompkins County assumed the responsibility for coordinating all the County's fire and emergency medical services under the auspices of a county coordinator, and WHEREAS, current f ire and emergency services in the County are available by dialing 273 -8000, and WHEREAS, the Tompkins County Board of Representatives has determined that the County will have an enhanced 9 -1 -1 system to replace the current system, and WHEREAS, a cornerstone of any E 9 -1 -1 system is communications capability between the coordinator's office and the County's fire and emergency medical services, and WHEREAS, once a responsibility such as this has been assumed by the County, there is a continuing obligation and duty of maintaining a viable communications system by reasonable and responsible budget appropriations, and WHEREAS, the failure of the Tompkins County Board of Representatives to adequately fund the office of the Tompkins County Fire and Emergency Medical Services Coordinator by not providing funds for necessary maintenance and service of communications equipment is inconsistent with the County's move toward an E 9 -1 -1 system, NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF DRYDEN AS FOLLOWS. That the Tompkins County Board of Representatives is requested to review the budget requests of the Tompkins County Fire and .Emergency Medical Services Coordinator's Office and where appropriate restore such funds as may be necessary to adequately provide for maintenance and service of communications equipment so that the public safety will not be endangered, and that the Board of Representative also provide appropriate funds for the maintenance of life safety equipment for those providing fire and emergency medical services to the County. Seconded Councilman Baker Roll call vote - all voting Yes TB4 -12 -94 Page 2 • Supv Schug - reported that paint samples and samples from the roof have been taken from the West Dryden Community Center. The board aqreed to sign the contract with Crawford and Stearns provided there are no unforeseen environmental problems. 11 • Supv Schug - the town is still waiting to hear from Cornell University south of Dryden regarding Lake. a stretch Cornell hearing of the old railroad is working � �n a life right of way time lease. Landscaping - - RESOLUTION Special #109 - 911 EMERGENCY SERVICE - Clm Roberts offered the following resolution and asked for its adoptions (copy in minute book) 2nd Clm Baker Roll l call vote - all voting Yes ENGINEERING RESOLUTION #110 FINAL NEGATIVE DECLARATION TURKEY HILL SEWER DISTRICT Clm T. Hatfield offered the following resolution and asked for its adoptions RESOLVED, that this Town Beard approve the final negative declaration for the Turkey Hill Sewer District. The final negative declarations shall consist of a draft negative declaration, the comments received and responses made. Also, a finding is made that none of the comments received are of substance. They were all answerable with all due respect. 2nd Clm Roberts Roll call vote - all voting Yes RESOLUTION #111 dates GRANT SOIL BORING 26th, EMPIRE SOILS Site INVESTIGATIONS hearing - Clm Baker offered the following resolution and asked for its adoptions RESOLVED, that this Town Board grant the soil boring contract ract t o Empire Soils Investigations i n an amount riot to exceed $ 1600.00. 2nd Clm C. Hatfield Roll call vote - all voting Yes Supv Schug - board members have received a copy of cost estimate for Turkey Hill water and sewer district. ZONING OFFICER - report given to board members Set hearing dates on April 26th, 1994 Site Flan hearing - Level Green Landscaping - - 7s00PM Special Permit hearing - Crown Construction - 7: 15PM Special Permit hearing - Ithaca Airline Limousine - 7e30PM �y 5 TB4 -12 -94 Rage 3 HIGHWAY RESOLUTION #112 ACCEPT BID FOR JOHN DEERE. TRACTOR Clm T. Hatfield offered the following resolution and asked for its adoption: RESOLVED. that this Town Board accept the bid � �f $4,200.00 from Charles Bernhardt for the 1992 John Deere 318 tractor. 2nd Clm Baker Roll call vote - all voting Yes RESOLUTION #1.1.3 ACCEPT SID FOR BOX CULVERT Clm Baker offered the followinq resolution and asked for its adopt ion RESOLVED, that this Town Board accept the bid of $20,821.38 from Capital Highway Material for the Durchase of a box culvert. 2nd Clm Roberts Roll call vote - all v� �t inu Yes Supv Schuq - road abandonments of Caswell and Hile School Road decision was tabled until more information was available for the cost of repairing the reads and see if there were any other roads that should be considered for abandonment in the town. CORRESPONDENCE Letter from Learning Web thankinq the town for support of their ® program. Dryden Police report for Dryden Lake Park DISCUSSION SPCA - cat licensing - task force reDresentative - Clinton Cotteri l l was appointed f• r% the Town of Dryden representative County cable commission - appointed Dave Stewart to be Town of Dryden representative. Supv Schuq - business exemption - Dryden School - they are takinq under consideration tax exemption. S11pv Schuq - the board members have information on the Tompkins County Steerin❑ Committe reaardirin the German Crass Road monitoring stations It will be oaid f• r% by the City � �f Ithaca. awned and monitored and taken care of by Tompkins County. RF_.SOLUTTON #1.1.4 MONTTORTNG STATION MEMORANDA OF AGREEMENT Clm Baker !offered the followina resolution and asked for its adoption: RESOLVED, that this Town Board agrees to � a location for siting the monitoring station in the right -of -way under the Town of • Dryden's jurisdiction and authorize the Supervisor to sign the memoranda of aureement. 2nd Clm C. Hatfield Roll call vote - all votinu Yes TB4 -12 -94 Page 4 • Supv Schug - sent out a letter to see if there was any interest in belonging to Finger Lakes Independence Center. RESOLUTION #115 FINGER LAKES INDEPENDENCE CENTER MEMBERSHIP Clm Roberts offered the adoptions RESOLVED, that this Town Independence Center for $5=00= 2nd Clm Baker COMMITTEE REPORT following reso Board subscri 1 year on a tr Roll ca 1.1 vote lut ion and asked for its be t� � the Fingers Lakes ial basis in the amount of - all voting Yes Supv Schug - appointed Clm C. Hatfield and Clm Baker to audit the books for the town from July t• � Dec 1993 Supv Schug - there is a planning board vacancy and was tabled. until May board meeting. FINANCIAL REPORT - available to beard members JUSTICE REPORT - $89113.00 for the month of March RESOLUTION #116 AUDIT ABSTRACT #104 is Clm C. Hatfield offered the following resolution and asked for its adoption: RESOLVED, that abstract #104 voucher #230 to #310 for a of $303,879.88 to be paid as audited. 2nd Clm T. Hatfield Roll call vote - all voting Yes NEW BUSINESS April 20th at 7 : 0 FPM - Varna Community Center - Turkey H i l l water and sewer meeting. April 26th - 7z00PM - Site Plan - Level Green Landscaping 7 : 15PM - Special Perm i t - Crown Construction 7:3OPM - Special Permit - Ithaca Airline Limousine Town Board recessed for •r executive session to � discuss park. land, town hall and ICTEA. N� � action was taken after executive session. Adjourned: 9:04PM Susanne Lloyd Town Clerk • I