Greene supervisor protests property tax correction

NORWICH – Town of Greene Supervisor Jack Cook argued hard yesterday to save his town about $50,000 in 2009 property taxes, but was outvoted by his fellow members of the Chenango County Finance Committee.
At issue was an adjustment proposed by the county’s tax department, and authorized by the New York State Department of Conservation, that would revoke a previously imposed penalty in the amount. The penalty was for noncompliance with a forestry program that provides an exemption to property owners for managing their woodlots.
The Finance Committee went into executive session to discuss the individual, so few of the details were revealed. Chenango County First Assistant Attorney Leonard W. Smith was invited to sit in on the proceedings.
Chenango County Treasurer William E. Evans said the individual, who owns 230 acres in Greene, repeatedly protested the penalty with his office and the county’s Real Property Tax Services office once notified of the penalty last May. Evans said he coordinated a meeting this winter between the DEC, the individual, Smith, RPTS Director Steve Harris and himself. Also invited was Chenango County Natural Gas Committee Chairman Peter C. Flanagan.
“We called Pete in because there may be penalties like this that occur in the future because of land leased for natural gas drilling and gathering lines,” Evans said.
Leasing land for gas exploration can have potential consequences for state and federal land programs a landowner may be involved with, for example the 480A Forest Exemption Program, Wetland Reserve, or other farmland or open space exemption programs.
According to Evans, the owner in question violated the 480A exemption program, and the county was directed to impose a penalty, which they did in May of 2009. The penalty, determined by real property tax law, went back 10 years to collect the tax savings plus interest.
Evans reported to committee that the individual from Greene got back into compliance with the DEC’s 480A forestry plan, even though it was the county’s understanding that he would no longer collect the exemption going forward.
“Mine, too,” said Cook. “Be sure that he will never get it on a local basis at all again.”
The motion to move the resolution onto the full board of supervisors for consideration on June 14 was moved by Dennis Brown, D-Pharsalia, and seconded by Jeffrey Blanchard, R-Pitcher. Cook was opposed, in a vote of 5 to 1.
“This is not a free ride,” Cook said. “He had this exemption for 10 years. What happens when this happens again down the road to someone else? This will never by an enforceable law if we rescind it now.”
Harris said this was the second time the DEC had directed the county to impose a penalty due to non-compliance with a property owner’s 480a plan, but then later asked for the correction.

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