|
|
|
|
FINANCE / CLAIMS
COMMITTEE ACTIONS
|
AUGUST 7, 2002
ATTENDANCE: Bruce Kimmel, Chairman; Joseph Mann; Matthew Miklave; Ken Baker; Christopher Perone.
STAFF: Frederic Gilden, Comptroller; Lisa Biagarelli, Tax Collector.
OTHERS: Alan McKissock, Norwalk Land Trust.
The meeting was called to order at 7:30 p.m. by the Chairman.
APPROVAL OF MINUTES
JUNE 5, 2002
The following correction was made: On page 6, 1st paragraph, 2nd sentence, "Budget" was corrected to "Board of Estimate".
** MR. MANN MOVED TO APPROVE THE MINUTES AS CORRECTED.
** MOTION PASSED WITH ONE ABSTENTION (MR. MIKLAVE).
JULY 17, 2002
** MR. PERONE MOVED TO APPROVE THE MINUTES AS DISTRIBUTED.
** MOTION PASSED WITH ONE ABSTENTION (MR. MANN).
DISCUSS ITEM FROM NORWALK LAND TRUST CONCERNING THE NORWALK LAND TRUST ACCEPTING THREE PARCELS OF LAND OFFERED BY LAND OWNERS AND TAKEN OFF THE CITY OF NORWALK’S GRAND LIST
Mr. McKissock said he had been called by Mr. Donohue, who offered to give his land on Lakewood Drive to the Land Trust if he could be taken off of the City’s tax rolls. Mr. McKissock spoke to Attorney Sumberg, who told him of two other pieces of property – one on Scribner Avenue between 137 and 139, and the other on Oak Hill Road. The Scribner Avenue property is too small to develop and the Oak Hill Road property is much too difficult to develop. He contacted the three owners of these two properties, and all three agreed to give their land, which is undevelopable, to the Land Trust. The three pieces of land total approximately four acres. If this is approved, the Land Trust would issue quit claim deeds to these four owners, and these properties will be off of the tax rolls.
Ms. Biagarelli said she had researched this, and she found that at one time, there had been a requirement that developers give a certain amount of land to the City as open space when they developed their properties. There was a lawsuit and the developers won, and the City gave back these properties. No tax payments have been made. The owners of each property are as follows:
Ms. Biagarelli said that the City has been reluctant to pursue this because they felt that the properties had no value. In addition, she had no idea as to the value of these properties. Ms. Biagarelli distributed copies of a newspaper article regarding the properties owned by Mr. Tanner and Mr. Van DerHeyden.
Mr. Miklave asked the source of the City’s statutory authority to waive back taxes against personal property. Ms. Biagarelli said this would be an abatement of taxes on real property and would be a question for Corporation Counsel. The Common Council has the authority to abate taxes.
Mr. Miklave said there is litigation currently pending regarding properties that were set aside as open space, and he asked if any of these properties were involved in that litigation. Mr. McKissock said that the Lakeview Drive property abuts a pond and the abutting neighbors are suing to make sure this property is not developed. Mr. Miklave said this case is still pending; Mr. McKissock said he thought it had been decided.
Mr. Miklave asked, since the land cannot be developed, what the benefit would be in giving it to the Land Trust. Mr. McKissock said that the taxes would not then continue to accumulate. These people are not going to pay their taxes and the Tax Assessor’s Office would be happy to get this paperwork taken care of.
The Chairman asked if he owned undevelopable land, would he continue to owe taxes on it? Ms. Biagarelli said all land is taxed whether it has a value or not. She said she felt this was a question for the Corporation Counsel’s Office. She has been unable to collect these taxes. However, she pointed out that these are four people who want to wash their hands of these taxes. The Chairman said they owe the City money and they would be wise to get rid of the properties in order to avoid future taxes.
Mr. Mann pointed out that there are probably other people with similar properties who are paying their taxes.
Mr. Perone asked if the owners could write off the existing value of the land if they donate it to the Land Trust; Ms. Biagarelli said she was not sure.
In response to a question, Mr. McKissock said that the Land Trust has no plans to make any improvements to these properties in terms of accessibility. He further noted that in these cases, the land cannot be developed.
Mr. Mann said he was concerned about setting a precedent and with the impact this would have on people in similar situations who are paying their taxes. He further pointed out that it did not seem right that developers sued to get their land back, got it back and now they don’t want to pay taxes on it.
The Chairman spoke of property owned by another person who could then come back and ask for the same rights. He said these owners were not blindfolded when they obtained this land and he was hesitant to throw in the towel on tax payments. This Committee should have clear opinions from the Tax Collector’s Office and Corporation Counsel. It sets a precedent and he is hesitant to do anything at this time.
Mr. Baker asked if there was any example of the City taking property back in lieu of taxes. Ms. Biagarelli said she did not have that information. In addition, she said there is a value to all of these properties.
Mr. Miklave recommended they ask for guidance from Corporation Counsel as follows:
Mr. Miklave said if these properties are undevelopable, the Land Trust is where these properties should go to insure that they remain undeveloped.
Mr. Mann said an option would be for the people to pay their taxes, donate the land to the Land Trust ( a non-profit organization) and then take the value off of their taxes.
Mr. Perone said they could be setting a bad precedent by allowing people to walk away from paying taxes.
The Chairman said this item would be on the agenda of the next meeting for further discussion.
CLAIMS COMMITTEE: RECEIVE THE MONTHLY CLAIMS REPORT; REVIEW AND APPROVE CLAIMS AS REQUIRED FOR CLAIMS REPORT DATED AUGUST 7, 2002
Committee members reviewed the report. However, no action was required because none of the items exceeded $5,000.
Discussion took place on problems encountered regarding people receiving their property tax bills late.
DELINQUENT TAX REPORT: RECEIVE REPORT AND DISCUSS
Ms. Biagarelli said she was still working on this report.
RECEIVE BOARD OF ESTIMATE & TAXATION SPECIAL APPROPRIATIONS FROM AUGUST 5, 2002 MEETING
Committee members reviewed the 10 special appropriation requests.
The Chairman asked why the request of the Registrar of Voters Office for $39,599 to pay for additional temporary and part time wage and salary expense had been tabled. Mr. Gilden said it had been tabled, but the money has already been spent. It was noted that the Common Council has the authority to approve or deny special appropriations.
** MR. MIKLAVE MOVED TO ADJOURN.
** MOTION PASSED UNANIMOUSLY.
The meeting was adjourned at 8:30 p.m.
Respectfully submitted,
Cheryl Telesco
Telesco Secretarial Services
 |
 |