HomeMy WebLinkAboutTB Minutes 1995-04-03 OF 1P
TOWN OF ITHACA Agenda #
21 44- � 26 EAST SENECA STREET , ITHACA , N . Y . 14850
CLERK 273- 1721 HIGHWAY 273- 1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273- 1704 _
TO : MEMBERS OF THE TOWN BOARD
FROM : BETTY F . POOLE , DEPUTY RECEIVER OF TAXES
DATE : APRIL 3 , 1995
RE : SOLID WASTE FEE INCLUDED ON PROPERTY TAX BILLS
I have been asked to review and give a cost estimate regarding
some of the more prominent issues relative to the possibility of
Tompkins Country incorporating the Solid Waste Fee on , the real
property taxes .
As I understand it , the County has several scenarios which
they wish to propose to the Towns three of which are the following :
11 Incorporating the fee on the property tax bills with
separate accounting procedures unnecessary and would be included in
the total tax warrant .
2 . rro generate two separate bills , . a property tax bill
and a solid waste bill , with the Town collecting both and a
separate accounting procedure .
3 . Incorporate the solid waste fee on the tax bill as a
fee with separate accounting procedures .
First is the legality of Towns collecting fees for the County
Treasurer , Section 922 of the Real Property Tax Law is the
statutory authority for mailing tax bills by all collecting
officers . That statute states that : " the collecting officer shall
mail to each owner of real property listed on the tax roll a
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statement showing the amount of taxes due on his property - - " .
Section 102 ( 20 ) of the RPTL provides that the term " tax " for the
purposes of the RPTL means a charge imposed upon real property by
or on behalf of the county or town " but does not include a special
ad valorem levy or a special assessment " except that for levy and
collection purposes , special ad valorem levies are included . It
appears that the inclusion of the fee is not authorized by Section
922 however this would depend on the nature of the solid waste fee .
Is it a charge imposed on real property or is it a service charge .)
If in fact it is a service charge or other consumer or governmental
charge . then it is clearly not a tax Special legislation would be
warranted before a Tax Collector / Receiver of Taxes would have the
legal authority to collect " County Fees " .
Second is the accountability to the County for the collection
of these " fees " . The present software package for the taxes is not
sufficient to accommodate the added accounting responsibilities
which would be needed . The process would and/ or , could require
additional software to conform to the separate accounting
procedures required . If an additional program is not needed then
surely the present tax program would need to be modified in an
effort to adapt: it to the additional record keeping requirements .
The cost implications to the Towns , if either a modification to the
existing program or a new and separate program is dictated , are not
known . This could be a considerable expense to the Towns .
Another question is do all of the collectors / receivers have the
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necessary equipment to manage these additional programs ? Would the
County be willing to absorb some of these costs ? Would the
collectors / receivers be required to maintain a separate interest
bearing checking account and remit to the County separate returns
for the taxes and the solid waste fee ? Who would be permitted to
retain the interest on the account ?
Third , is customer service . If the law allows a taxpayer to
refuse to pay the fee , word would circulate that an option to omit
the Solid Waste Fee from their tax payment is available . This
would require bills to be adjusted , a corrected bill calculating
installment amounts , service charges , interest and penalties ,
adjustments tc the warrant , adjustments on the computer program ,
would need to be performed manually . This would present not only
an accounting nightmare but an extremely time consuming process .
Town employees would need to deal with taxpayers , complaints and
questions . and would be unable to answer them . At present even with
the delinquent solid waste fees levied on the tax bills , taxpayers
are extremely dissatisfied when they are referred to the T . C .
Budget and Finance Office to have their questions answered . Also ,
if payments were received near the end of the month which exclude
the solid waste fee , the payments would need to be returned for the
correct amount . The payments would not be received until the
following month and would not include the penalty which would be
due . The collector/ receiver is obligated to assess the appropriate
penalties if the payments are received after the penalty free
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period thus subjecting the taxpayer and / or escrow agent to
additional penalties and interest pursuant to Real Property Tax
Law . This would result in a number of disgruntled taxpayers .
( Note : 750 of` our payments are received January 30 and 31st . )
Fourth , in an effort to maintain the high quality of customer
service we pride ourselves in , there is no doubt which ever form
the County wishes to implement , additional personnel would be
needed to facilitate the added duties and responsibilities - of the
tax collection. process . Given the separate accounting procedures
which would be required , one could estimate that the work load
could double requiring on additional person , at 37 . 5 hours per week
for at least 10 - days in December and for the months of January and
r
February . If temporary services were to be utilized , at a rate of
$ 8 . 00 per hour , this could result in a cost to the Town of
approximately $ 3 , 000 for administrative support alone . Additional
cost of envelopes at approximately $ 50 . 00 / 500 , postage at
$ 160 . 00 / 500 and other supplies . ( Note : The Town of Ithaca mails
approximately 4 , 900 tax bills per year ) In addition , training would
need to be provided for the added person in an effort to insure
they would be informed adequately regarding the tax collection
process . This would decrease existing staff temporarily for
training purposes . Another implication would be additional space
needed to house this individual . As you well know space is a rare
commodity in our present facility .
Concerns :regarding the calculation of the interest and
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penalties are very apparent . It is our understanding that if the
Solid Waste Fee is not a levy , different penalties would apply for
late payments adding confusion to the situation . The County ' s
practice is if the Solid Waste Fee is paid in the month of January ,
there is no penalty . If paid in February , a 6 % penalty is assessed
and an additional to per month thereafter . The calculation for
penalties on the property tax bills is without penalty if paid in
the month of January , if paid in February a 11 penalty is assessed
and an additional to per month thereafter . This would mean the
tax collectors / receivers would need to calculate the penalty on the
tax portion of the bill at the Real Property Tax rate of to per
month , calculate the penalty on the Solid Waste Fee at the present
rate of 601 for February and an additional 1 % every month
thereafter , then add the two to arrive at an amount due for any
given month . Also , I would be concerned with the implications this
would have on the installment option . Judging from past
experience , the taxpayers seem confused with the amount to pay for
the first installment now . This would only add to the confusion if
they elected the installment option and omitted the Solid Waste
Fee , not to mention if the payment was received near the deadline
to make the installment payment . I could only imagine the chaos
which could occur . I am sure the County would not be willing to
forgo the 6 % penalty on the Solid Waste Fee in view of the fact the
interest assessed for late payments on the Solid Waste Fee as
opposed to the property taxes is 5 % more per month . What are the
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alternatives ?
We would be remiss if we were not concerned with the fact this
scenario could prove to be disastrous not only for the receivers
but for the taxpayers as well .
If the Towns ultimately collect the " fees " , how would
compensation to the Towns be figured ? This issue would need to be
evaluated in an effort to make it cost effective and equitable for
all . One would need to keep in mind the " conservative " cost
estimates pre ::) ented here regarding additional administrative
support , postage , supplies , computer , software and / or program
modifications , when negotiating any type of agreement relating to
compensation .
The concerns noted above regarding the legality of collecting
the fees , the accounting responsibilities , the extraordinary costs
which could be incurred by the Towns and most importantly
maintaining the high quality of customer service are valid issues
which every Town should be aware of when considering County ' s
proposal . I ' m sure there are more issues which have not been
addressed as we have no way of predicting other circumstances which
might occur .
I hope this will provide you with some insight as to what the
Town could be faced with and to assist you in making a
determination as to whether or not the Solid Waste Fee should be
applied to the real property taxes .
If you should have any questions , please contact me .
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