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HomeMy WebLinkAbout2007-08-30 - TB TOWN OF ULYSSES
SPECIAL TOWN BOAD MEETING
AUGUST 30, 2007
Present : Supervisor Douglas Austic ; Town Council Roxanne Marino , Don Ellis, and
Lucia Tyler; Rod Ferrentino , absent ; Town Clerk Marsha L. Georgia; Deputy Supervisor
Richard Coogan ; Attorney Mariette Geldenhuys .
Others Present : Martha Ullberg, Geoffrey Hart, Tammy Morse, Lee Labuff, and Patty
Halloran .
Mr . Austic called the meeting to order at 7 PM and said that the Board would review the
draft resolution presented by Attorney Geldenhuys .
Ms . Marino moved, seconded by Mr. Ellis that Mr. Austic read the findings into the
record to open it up for discussion .
Mr. Austic aye
Ms . Tyler aye
Mr. Ellis aye
Ms . Marino aye
Adopted.
1 . The aforesaid petition for annexation substantially complies in form and
content with General Municipal Law Article 17 .
2 . The proposed annexation of the Territory in the Town to the Village as described
in the aforesaid petition is / is not in the overall public interest in that :
a. Municipal services
i . Police protection : The Town of Ulysses does not provide police
service and the annexation will have no effect on the Town.
Residents of the Territory are currently served by the Tompkins
County Sheriff and the New York State Police . The Village Police
assist when requested by the Sheriff' s Department or State Police .
In the event of annexation, the Territory would be served by the
Village Police . This would be an additional expense to the
Village . Annexation may result in an advantage for the residents
in that they may receive enhanced police response and protection
from the Village Police .
ii . Fire protection : Both the Village and Town are served by the
Trumansburg Fire Department . Annexation will result in an
advantage to the Town because its fire protection cost will
decrease. The Village ' s cost will increase .
iii . Health regulations : There will be no change as a result of
annexation.
iv . Water service : A portion of the Territory, where the mobile home
park is located, currently receives water service from the Village at
one-and-a-half times the cost paid by Village residents .
Annexation would result in a potential advantage to these
residents, if the owner of the property passes the savings in water
rates on to the residents . The Village would lose the additional
revenue because charges for water will be at regular Village rates .
v. Sewer service : Sewer service in the Territory is currently provided
Special Tow! Board Meeting 2
August 30, 2007
by the Village at one-and-a-half times the usual rate. In the event
of annexation, the cost would go down, which will be a potential
benefit to the residents if the savings are passed on to them. The
Village will lose the additional revenue charged to the owner for
out-of-Village use . There will be no effect on the Town .
vi . Public utilities : The Town and Village are served by New York
State Electric & Gas and Trumansburg Telephone Company.
There will be no change.
vii . Public education : The residents of the Territory are in the
Trumansburg Central School District . Annexation will not result
in any change .
b . Effect on tax revenues
i . Sales tax: The Town ' s share of County sales tax revenue is based
on the number of residents . There are approximately 265 residents
in the Territory. Based on figures for 2007 , the Town will lose
approximately 5 . 5 % of the County sales tax revenue, which is
estimated to be approximately $ 31 , 794 . The Village will gain
sales tax revenue. There will be no direct impact on residents .
ii . Real property tax : There will be no effect on Town property tax
revenue, because property in the Village is subject to Town
property tax . There will be an increase in revenue to the Village,
as the property will be subject to Village tax . The property owner
will be obligated to pay Village property tax , which amounts to
approximately $ 5 . 28 per $ 1 ,000 of assessed value, based on
current rates . This may result in increased rents to residents of the
mobile home park. Owners of mobile homes in the park, who pay
property tax on their mobile homes, will also be subject to this
increase .
iii . New York State revenue sharing: This revenue is based on the
population. The Town ' s share is currently $ 7 . 50 per person per
year, or $ 1 , 920 . 00 per year. The Town will lose this revenue due
to the loss of 256 residents if the Territory is annexed by the
Village . The Village will gain revenue from the same source.
c . ; Unity of purpose and facilities to constitute a community
Extent of contiguity between Village and Territory : The Territory
is contiguous to the Village and will not result in unduly irregular
Village boundaries .
ii . Extent of contiguity between lands remaining in Town in the event
of annexation : Six tax parcels in the Town will be surrounded by
Village land and will no longer be contiguous to other land in the
Town. This will result in irregular Town boundaries . In terms of
services , this means that there will have to be Intermunicipal
agreements to cover highway maintenance (including snow
plowing) .
d . Possible future development of the Territory.
i . The Village currently has limited developable land. If the
Territory is annexed, there will be more developable land in the
Village which is less encumbered by space limitations and
limitations on historic buildings in the Village. It would allow for
more diverse businesses to locate in the Village. Strengthening the
commercial district in the Village of Trumansburg is an objective
Special Town Board Meeting 3
August 30, 2007
of the Town ' s Comprehensive Plan of 1999 .
ii . It is a benefit to the community to have the core of housing and
commercial development in the Village . Concentrating such
development makes it more economical to provide services .
iii . Commercial development in the Territory may distract from the
commercial core of the Village, as such development would not be
contiguous to the core commercial development. The vacant part
of the Territory has been zoned commercial for twenty years and
has not been developed due to a lack of Village water and sewer
services .
iv . More concentrated development in the Village reduces the pressure
for spot zoning and arbitrary siting of commercial development in
the Town .
v . The Territory is zoned for commercial development . If it is
annexed to the City, the Town will lose this commercial property.
e . Other factors .
i . The mobile home park would become part of the Village and leave
the Town without a large mobile home park. The only other
mobile home park in the Town is small , with very limited space for
additional sites . The Town would have to find other space with
adequate water and sewer services to locate a mobile home park.
ii . A portion of the Territory is in an Agricultural District, which is
not permitted in a Village . If the Territory is annexed, there will
be a loss of Agricultural District land and the designation will have
to change . The County of Tompkins is in the process of re-
evaluating the Agricultural Districts .
iii . Sidewalks : The Village provides sidewalks and the Town does
not. The Village may extend a sidewalk to serve the residents of
the Trumansburg Country Estates apartment complex on the edge
of the Town adjoining the Village . There is a possibility that the
Village would develop an interconnected system of sidewalks
which would allow residents to walk to services in the Village.
This is a possible advantage to the residents of the apartment
complex and a possible cost to the Village .
f. Assumption of indebtedness and other liabilities and disposition of
property rights in the event of annexation .
The Town and the Village did not execute an agreement pursuant to
General Municipal Law section 707 (2) or 708 (2) relating to the
assumption of indebtedness and other liabilities and disposition of
property rights in the event of annexation . Therefore :
i . Assumption of indebtedness and other liabilities affecting the
Territory will be governed by General Municipal Law section
708 ( 1 ) . Any such indebtedness and any contract or other liabilities,
and interest thereon, shall be a charge upon and paid by the Village
and shall become due and payable by the Village to the Town in
the same proportion to the whole of any such indebtedness or
liability as the full valuation of the taxable real property of the
Territory bears to the full valuation of the taxable real property of
the Town, calculated as of the date of annexation .
Special Town Board Meeting 4
August 30, 2007
ii . Disposition of property in the Territory will be governed by
General Municipal Law section 707( 1 ) . All real or personal
property and rights in real and personal property of any affected
local government or governments or any special or improvement
district in the Territory, all real and personal property and rights in
real and personal property, including, but not limited to, streets,
avenues, roads, highways, bridges , overpasses, underpasses,
culverts, sidewalks, street lighting fixtures, and conduits, pipes,
drains, either above or below the ground surface, and
appurtenances and appurtenant rights in relation thereto, owned by
any of such local governments shall become the property of the
Village as of the date of annexation , but ownership of any real and
personal property or rights in real and personal property of, or
acquired for, special or improvement districts in the Territory shall
remain unaffected .
g. Conclusion . After careful review and evaluation of the above-referenced
findings, the Town hereby determines that the potential benefits of the
proposed annexation do / do not outweigh the potential detriments .
The Board reviewed the findings, made changes and corrections .
Ms . Tyler moved, seconded by Ms . Marino the following resolution :
RESOLUTION, FINDINGS AND ORDER OF TOWN BOARD
APPROVING PETITION FOR ANNEXATION
WHEREAS , a petition ("the Petition") pursuant to General Municipal Law
Article 17 was presented to the Village Board of the Village of Trumansburg, New York
("the Village") and the Town Board of the Town of Ulysses ("the Town") by William J .
Auble ("the, Petitioner") on April 30, 2007, for the annexation of certain territory
currently located in the Town into the Village, said territory being described in the
Petition, a copy of which is annexed hereto as Exhibit A, and consisting of Town of
Ulysses Tax , Parcel Numbers 11 . -2-7 . 1 and 11 . -2 -4 ("the Territory") ; and
WHEREAS , pursuant to ยง 704 of the General Municipal Law, the Town caused
notice of the required joint public hearing on the Petition to be published in the Ithaca
Journal , the official newspaper of the Town, on May 14, 2007 , and notice of the public
hearing was !posted by the Town on May 9 , 2007 ; and
WHEREAS , the Town caused a copy of the notice of joint public hearing to be
mailed to the Petitioner (who is allegedly the sole owner of real property within the
Territory) and all persons residing within the Territory qualified to vote for officers of the
Town , as their names appear upon the register of voters for the last preceding general
election ; and
WHEREAS , the Town caused a copy of the notice of joint public hearing to be
mailed to the Trumansburg Central School District on May 9 , 2007 ; and
WHEREAS , a joint hearing of the Town Board of the Town and the Village
Board of the Village was duly held on said petition for annexation, according to
the requirements of the Municipal Annexation Law, at the Trumansburg High
School Auditorium in the Village on June 4, 2007 , at which time all parties
interested in the matter were heard and all objections presented ; and
WHEREAS , the Village Board of the Village on August 15 , 2007 , as Lead
Agency, issued a negative declaration under Article 8 of the Environmental
Conservation Law and Regulations adopted pursuant thereto by the Department of
Environmental Conservation of the State (collectively, "SEQR") with respect to
the proposed annexation. A copy of the negative declaration is attached hereto as
Exhibit B ; and
Special Town Board Meeting 5
August 30 , 2007
WHEREAS , the Town Board of the Town has duly considered said petition and
the evidence presented at said hearing;
FINDINGS
NOW, THEREFORE, the Town Board of the Town makes the following
findings :
1 . The aforesaid petition for annexation substantially complies in form and
content with General Municipal Law Article 17 .
2 . The proposed annexation of the Territory in the Town to the Village as
described in the aforesaid petition is in the overall public interest in that :
h . Municipal services
is Police protection : The Town of Ulysses does not provide police
service and the annexation will have no effect on the Town .
Residents of the Territory are currently served by the Tompkins
County Sheriff and the New York State Police. The Village Police
assist when requested by the Sheriff' s Department or State Police .
In the event of annexation, the Territory would be served by the
Village Police . This would be an additional expense to the
Village. Annexation will result in an advantage for the residents in
that they will receive enhanced police response and protection
from the Village Police .
ii . Fire protection : Both the Village and Town are served by the
Trumansburg Fire Department . Annexation will result in an
advantage to the Town because its fire protection cost will
decrease by $ 1600 . The Village ' s cost will increase by $ 1600 .
iii . Health regulations : There will be no change as a result of
annexation .
iv . Water service : A portion of the Territory, where the mobile home
park is located, currently receives water service from the Village at
one- and- a-half times the cost paid by Village residents .
Annexation would result in a potential advantage to these
residents, if the owner of the property passes the savings in water
rates on to the residents . The Village would lose the additional
revenue of approximately $25 , 000 because charges for water will
be at regular Village rates .
v. Sewer service : Sewer service in the Territory is currently provided
by the Village at one-and-a-half times the usual rate. In the event
of annexation, the cost would go down, which will be a potential
benefit to the residents if the savings are passed on to them . The
Village will lose the additional revenue of approximately $ 12 , 000
charged to the owner for out-of-Village use. There will be no
effect on the Town .
vi . Public utilities : The Town and Village are served by New York
State Electric & Gas and Trumansburg Telephone Company.
There will be no change .
vii . Public education : The residents of the Territory are in the
Trumansburg Central School District . Annexation will not result
in any change .
Special Town Board Meeting 6
August 30, 2Q07
Effect on tax revenues
i . Sales tax: The Town' s share of County sales tax revenue is based
on the number of residents . There are approximately 256 residents
in the Territory. Based on figures for 2007 , the Town will lose
approximately 5 . 5 % of the County sales tax revenue, which is
estimated to be approximately $ 32 ,000 . The actual change in sales
tax revenues will not be known until after the 2010 census . The
Village will gain commensurate sales tax revenue. There will be
no direct impact on residents .
ii . Real property tax : There will be no effect on Town property tax
revenue, because property in the Village is subject to Town
property tax . There will be an increase in revenue to the Village of
approximately $ 12 ,000 , as the property will be subject to Village
tax . The property owner will be obligated to pay Village property
tax . This may result in increased rents to residents of the mobile
home park. Owners of mobile homes in the park, who pay
property tax on their mobile homes (approximately 25 % of the
units) , will also be subject to this increase.
iii . New York State revenue sharing: This revenue is based on the
population. The Town ' s share is currently $ 7 . 50 per person per
year, or $ 1 ,920 . 00 per year. The Town will lose this revenue due
to the loss of 256 residents if the Territory is annexed by the
Village . The actual Revenue Sharing will not change until after
the 2010 census . The Village will gain revenue from the same
source .
J . Unity of purpose and facilities to constitute a community
i . Extent of contiguity between Village and Territory : The Territory
is contiguous to the Village and will not result in unduly irregular
Village boundaries .
ii . Extent of contiguity between lands remaining in Town in the event
of annexation : Six tax parcels in the Town will be surrounded by
Village land and will no longer be contiguous to other land in the
Town . This will result in irregular Town boundaries . In terms of
services, this means that there will have to be inter-municipal
agreements to cover highway maintenance (including snow
plowing) .
iii . Unity of purpose: Consolidation of services to the Mobile Home
Park by the Village promotes such unity.
k. : Possible future development of the Territory.
i . The Village currently has limited developable land. If the
Territory is annexed, there will be more developable land in the
Village which is less encumbered by space limitations and
limitations on historic buildings in the Village . It would allow for
more diverse businesses to locate in the Village. Strengthening the
commercial district in the Village of Trumansburg is an objective
of the Town ' s Comprehensive Plan of 1999 .
ii . It is a benefit to the community to have the core of housing and
commercial development in the Village. Concentrating such
development makes it more economical to provide services .
Commercial development in the Territory may distract from the
commercial core of the Village, as such development would not be
Special Town Board Meeting 7
August 30, 2007
contiguous to the core commercial development. The vacant part
of the Territory has been zoned commercial for twenty years and
has not been developed due to a lack of Village water and sewer
services .
iv. Annexation to the Village and the availability of Village Services
will potentially make the undeveloped land more attractive to a
diversity of projects that would increase the overall tax base of the
Town .
v . A portion of the Territory is zoned for commercial development.
If it is annexed to the Village there will be less commercially
zoned property in the Town outside the Village .
1 . Other factors .
i . The mobile home park would become part of the Village and leave
the Town without a large mobile home park . The only other
mobile home park in the Town is small, with very limited space for
additional sites . The Town would have to find other space with
adequate water and sewer services to locate a large mobile home
park.
ii . The Village currently does not have a site for mobile homes as
required by a Local Law .
iii . A portion of the Territory, tax parcel 11 . -2 -4 which contains the
mobile home park, is in a State Sanctioned Agricultural District
and agriculture is not permitted in a Village . If the Territory is
annexed, the designation will have to change and there will be a
small loss of agricultural land . The County of Tompkins is in the
process of re- evaluating the Agricultural Districts .
iv . Sidewalks : The Village provides sidewalks and the Town does
not . The Village may extend a sidewalk to serve the residents of
the Trumansburg Country Estates apartment complex on the edge
of the Village adjoining the Town . There is a possibility that the
Village would develop an interconnected system of sidewalks
which would allow residents to walk to services in the Village .
This is a possible advantage to the residents of the apartment
complex and a possible cost to the Village .
v . The Town Board has carefully reviewed and considered public
comments about the proposed annexation and addressed these
comments in the Findings .
vi . The proposed annexation will promote Intermunicipal cooperation
and may open up opportunities for joint funding, efficiencies and
cost savings to tax payers . Many Town residents have expressed a
desire for better cooperation between the Town and Village
governments .
m . Assumption of indebtedness and other liabilities and disposition of
property rights in the event of annexation .
The Town and the Village did not execute an agreement pursuant to
General Municipal Law section 707(2) or 708 (2) relating to the
assumption of indebtedness and other liabilities and disposition of
property rights in the event of annexation . Therefore :
i . Assumption of indebtedness and other liabilities affecting the
Special Town. Board Meeting 8
August 30, 2007
Territory will be governed by General Municipal Law section
708 ( 1 ) . Any such indebtedness and any contract or other liabilities,
and interest thereon, shall be a charge upon and paid by the Village
and shall become due and payable by the . Village to the Town in
the same proportion to the whole of any such indebtedness or
liability as the full valuation of the taxable real property of the
Territory bears to the full valuation of the taxable real property of
the Town, calculated as of the date of annexation.
ii . Disposition of property in the Territory will be governed by
General Municipal Law section 707( 1 ) . All real or personal
property and rights in real and personal property of any affected
local government or governments or any special or improvement
district in the Territory, all real and personal property and rights in
real and personal property, including, but not limited to , streets ,
avenues, roads, highways, bridges, overpasses, underpasses,
culverts, sidewalks, street lighting fixtures, and conduits , pipes,
drains, either above or below the ground surface, and
appurtenances and appurtenant rights in relation thereto, owned by
any of such local governments shall become the property of the
Village as of the date of annexation, but ownership of any real and
personal property or rights in real and personal property of or
acquired for, special or improvement districts in the Territory shall
remain unaffected.
n . Conclusion . After careful review and evaluation of the above-referenced
findings, the Town hereby determines that the potential benefits of the
proposed annexation do outweigh the potential detriments .
RESOLUTIONS
NOW, THEREFORE, BE IT
RESOLVED that Petitioner' s Petition substantially complies in form and content
with Article 17 of the General Municipal Law ; and be it further
RES 0 LVED that the proposed annexation of the Territory is hereby deemed to be
in thei overall public interest ; and be it further
RES o LVED that the proposed annexation of the Territory as described in the
above-referenced Petition is hereby approved by the Town Board.
The question of the adoption of the foregoing resolutions was duly put to a vote,
which resulted as follows :
ORDER
IT IS THEREBY ORDERED that copies of the foregoing findings, resolutions and
determinations set forth therein, all of which are hereby incorporated by reference into
this Order, together with the Petition, notice of public hearing, written objections, if any,
and testimony and minutes of proceedings taken and kept on the hearing, be filed in the
offices of the clerks of the Village and Town as the affected local governments .
The Board discussed the resolution before the vote was called . The following is a partial
summary of the Board member comments, the complete discussion is available on tape at
the Ulysses Town Hall .
Mr. Ellis said that he would like to say thank you to the three other Board members for
all their help because he did not really arrive here tonight particularly decided how to
vote but this discussion has been very useful and reasonable cooperation .
Ms . Marino said that she feels that a yes vote is the overall best interest of the public after
Special Town Board Meeting 9
August 30, 2007
considering the advantages and disadvantages the Board has reviewed, and she feels that
the Village feels very strongly that it is the best interest of the Village after attending the
Village Board meeting where the annexation was discussed and approved. The other
major issue of concern is the sales tax revenue loss of the Town by 5 % or 6% of the
current revenue, however Ms . Marino feels that the Town does not really know how that
will play out in the future, although she feels that most likely it still will be loss of some
size but she thinks that there is a lot of potential for increase property tax money if there
is development . Some kinds of higher density, development needs that are likely to come
out of the Comprehensive Plan survey, such as affordable housing or senior housing
could be met on this parcel with both water and sewer availability.
Mr. Ellis said that regarding development of water and access to grants in the face of
water that it is clear now to Mr. Ellis that the points related to the mobile home park, if it
were in the Town are available if the water district is formed that involves both the Town
and the Village .
Ms . Tyler said that the parcel being annexed could be a real estate tax advantage for the
Town if developed.
Mr. Austic said that he is against the annexation because with the Village of
Trumansburg with their plan or contemplation of drilling a new well or doing these other
things with their water system will be a significant impact to the Village taxpayers and
outside water users to the water rates . Mr. Austic said that the loss of sales tax in the
Town is potentially significant, depending on the amount the Town uses . Mr. Austic
feels that overall the territory as it is now (in the Town) could be developed if there was
cooperation with the Village for water and sewer services .
Mr. Austic called the vote .
Mr. Austic nay
Mr. Ferrentino absent
Ms . Tyler aye
Mr. Ellis aye
Ms . Marino aye
Adopted .
Hearing no further business Mr. Austic moved, seconded by Mr. Ellis to adjourn the
meeting. Unanimously approved, meeting adjourned at 9 : 30 pm .
Respectfully Submitted,
Marsha L . Georgia
Ulysses Town Clerk
MLG : mlg