The Herkimer County Legislature on Wednesday voted 10-5 to table a decision that would have accepted a settlement to return a tax-foreclosed property to its owners.
Previously approved by Properties Committee members, the settlement from owners John and Charlene Coughlin, of the town of Frankfort, offered $10,000 above the amount required to reimburse the county for delinquent taxes, interest, penalties and fees — totaling $21,029 as of June 11, 2009, related to the parcel seized in 2007 through In Rem foreclosure action.
David Goldbas, an attorney representing the Coughlins, addressed the Legislature during the public comment period to appeal for an agreement.
While there is no excuse for non-payment of taxes, Goldbas said, “extraordinary” circumstances related to loss of income and medical bills led to the Coughlins’ delinquency. Moreover, the couple lives in the residence with their two children and the county has authority to keep a family in their home, he added.
A Legislature decision in December last year to accept a $135,000 settlement offer, on $47,000 in unpaid taxes and other costs, to return two parcels in the town of Webb to owners, Terry and Deborah Jones, was used as a comparison.
Goldbas said different circumstances in the cases account for the discrepancy in additional money paid to the county above back taxes.
The majority of legislators commenting on the issue felt the Coughlins’ situation warranted accepting the settlement.
Properties Chairman Robert Hyde said, “I personally feel it is the duty of this Legislature to do everything humanly possible to keep delinquent property in the hands of the property owner as long as the taxes are paid.”
And, despite County Judge Patrick Kirk’s ruling to uphold the actions related to In Rem foreclosure on the Coughlin property, the Legislature is within the law in accepting settlements on an individual basis.
Several legislators, however, opposed exercising this right without some form of established procedure.
Legislator Patrick Russell, who supported the Jones’ settlement, said case-by-case evaluation without guidelines opened the door for arbitrary and political actions. “I can’t support this strictly because we don’t have a policy in place,” he added.
Legislator Jeffrey Stone made a motion to table the settlement and Legislator Bruce Weakley seconded. Both legislators also supported the Jones’ agreement.
Legislators Robert Hyde, John Brezinski, Daniel Carter, Bernard Peplinski, and Joseph Chilelli voted against tabling the decision. Of these, only Peplinski and Chilelli supported the Jones’ settlement.
The Coughlin offer will return to the Properties Committee for further discussion.
Goldbas said in a phone interview his client was “surprised” by the decision to table, having appeared twice before the committee to form the resolution. Now the Coughlins must wait on “pins and needles” to find out if they can remain in their home, he added.
|
|
|
The Herkimer County Legislature on Wednesday voted 10-5 to table a decision that would have accepted a settlement to return a tax-foreclosed property to its owners.
Previously approved by Properties Committee members, the settlement from owners John and Charlene Coughlin, of the town of Frankfort, offered $10,000 above the amount required to reimburse the county for delinquent taxes, interest, penalties and fees — totaling $21,029 as of June 11, 2009, related to the parcel seized in 2007 through In Rem foreclosure action.
David Goldbas, an attorney representing the Coughlins, addressed the Legislature during the public comment period to appeal for an agreement.
While there is no excuse for non-payment of taxes, Goldbas said, “extraordinary” circumstances related to loss of income and medical bills led to the Coughlins’ delinquency. Moreover, the couple lives in the residence with their two children and the county has authority to keep a family in their home, he added.
A Legislature decision in December last year to accept a $135,000 settlement offer, on $47,000 in unpaid taxes and other costs, to return two parcels in the town of Webb to owners, Terry and Deborah Jones, was used as a comparison.
Goldbas said different circumstances in the cases account for the discrepancy in additional money paid to the county above back taxes.
The majority of legislators commenting on the issue felt the Coughlins’ situation warranted accepting the settlement.
Properties Chairman Robert Hyde said, “I personally feel it is the duty of this Legislature to do everything humanly possible to keep delinquent property in the hands of the property owner as long as the taxes are paid.”
And, despite County Judge Patrick Kirk’s ruling to uphold the actions related to In Rem foreclosure on the Coughlin property, the Legislature is within the law in accepting settlements on an individual basis.
Several legislators, however, opposed exercising this right without some form of established procedure.
Legislator Patrick Russell, who supported the Jones’ settlement, said case-by-case evaluation without guidelines opened the door for arbitrary and political actions. “I can’t support this strictly because we don’t have a policy in place,” he added.
Legislator Jeffrey Stone made a motion to table the settlement and Legislator Bruce Weakley seconded. Both legislators also supported the Jones’ agreement.
Legislators Robert Hyde, John Brezinski, Daniel Carter, Bernard Peplinski, and Joseph Chilelli voted against tabling the decision. Of these, only Peplinski and Chilelli supported the Jones’ settlement.
The Coughlin offer will return to the Properties Committee for further discussion.
Goldbas said in a phone interview his client was “surprised” by the decision to table, having appeared twice before the committee to form the resolution. Now the Coughlins must wait on “pins and needles” to find out if they can remain in their home, he added.
