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HomeMy WebLinkAbout2007-08-22 - TB TOWN OF ULYSSES SPECIAL TOWN BOARD MEETING AUGUST 22 , 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 ; Town Attorney Mariette Geldenhuys . Others Present : Shern Hart; Geoffrey Hart, Tammy Morse, and Heather Hartwell . Supervisor Austic called the working session to order at 7 PM to discuss the advantages or disadvantages and impacts to the Town of Ulysses on the annexation application of William Auble . Mr. Ellis moved, seconded by Ms . Marino the following : BE IT RESOLVED that the Town Board of the Town of Ulysses discuss annexation. Mr. Austic aye Ms . Tyler aye Mr. Ellis aye Ms . Marino aye Adopted. Ms . Geldenhuys has prepared and distributed an outline draft "Resolution, Findings and Order of Town Board Approving/Denying Petition for Annexation" that she said would be good to help structure discussion and keep some order to the meeting. The Board discussed and submitted findings to question #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 : * the following are the findings that came out of the Board ' s discussion — for full comments the tapes are available for review. a. Municipal services Police protection - if annexed Village would service and be cost to Village No disadvantage to Town Advantage to residents Fire Protection - Advantage to Town pay slightly less for fire contract — tax down Disadvantage to Village loose fire contract revenue — taxes up Disadvantage to residents — with annexation no WD#5 would loose enhanced fire protection with more hydrants Health Regulations - no advantage or disadvantage to either Town or Village Water Service - Residents have water service which will remain No annexation would give residents enhanced water service with higher pressure with WD#5 With annexation a lower water rate, but no guarantee would be passed on to residents . Owner would profit Future water rate could be higher with Village infrastructure repairs with bonding WD#5 rate could be lower Village would loose water revenue up to or around $26,000 Sewer Service - No disadvantage to Town • Special Town Board Meeting 2 August 22 , 2007 Village would loose revenue up to or around $? With annexation a lower sewer rate, but no guarantee would be passed on to residents . Owner would profit Public Utilities - No advantage or disadvantage — service would remain the same Public education - No advantage or disadvantage — service would remain the same Effect on tax revenues Sales Tax - Disadvantage to Town of a decrease in sales tax revenue of 5 . 5 % because of loss of 265 residents (tax based on population) a loss of $ 31 , 791 (based on these years ' figures) Revenue Sharing - Disadvantage to Town — loss of 265 residents would be a loss of $ 1920 Real property tax - No advantage Town would still collect town tax The projection could possibly be more property tax for town IF the property were to be developed. At this point there would be NO development until the Village found a second source of water because the Health Department will not allow any water extensions at this time . The property can be developed if it remained in Town because it is zoned at this time Commercial . Village gains Village tax Residents would have to pay Village tax Unity of purpose and facilities to constitute a community Extent of contiguity between Village and Territory Not much change Extent of contiguity between lands remaining in Town in the event of annexation Six Town parcels would be surrounded by Village No detriment for services except for the physical non- connectedness Highway maintenance would have to be contracted by the Village from the Town by an intermunicipal agreement * * At this point of the meeting Mr. Ellis introduced his written statement which the Board discussed. As a matter of the common good of all the Town : It is most advantageous to the Town to have within it an orderly development of housing and commerce . In keeping with plans developed by the Tompkins County Planning Department and good planning strategy as I know it. This core of housing and commercial development should be in the Village of Trumansburg . Ceding the Auble lands to the Village revitalizes the Village by providing development space much less physically encumbered than space now available . As a matter of formalizing patterns that already exist: The Village is in the best position to provide services to the Auble MHP . The Village already provides : The fire protection service Water and sewer In 39% of cases, the first police officer on the scene As a matter of economic advantage: Concentrating housing and economic services makes those services most economical to provide . Adding the Auble acres to the Village is a clear move in that direction. Further, it overcomes the lack of any similar opportunity in the Town's current Special Town Board Meeting 3 August 22 , 2007 planning thereby reducing the current trend and pressure toward " spot zoning" and arbitrary commercial sitting. Ms . Tyler quoted from Ms . Geldenhuy' s memo referencing active services . It was mentioned that the water services to the trailer park are maintained by Mr. Auble because he installed the line and not the Village. Disposition of property — the two roads that are currently Town roads (Meadowview Dr. and Parkside Dr. ) would become property of the Village Other Factors 39 . 5 acres now zoned Town commercial property would go into the Village therefore the Town would lose commercial property The trailer park would be lost to the Village leaving the Town without a large mobile home park. The only other mobile home park is on RT 96 (Washington Heights) which is very limited with a possible 4 sites . Town would have to find a space with services . Land in a State and County Ag districts allow farming and the Village does not allow agriculture within the Village and all of the land in the Trailer Park Parcel is in an Ag Zone . If annexed into the Village something would have to change. However the Ag districts could be re-evaluated. The loss of $4 . 5 million dollars, no interest funding for Water District #5 , which essentially is a grant of over $3 million dollars . The loss of the Winner Grant of $ 35 , 000 for the advancement of Water District #5 . The emergency source for the Village is gone by annexation and loss of WD#5 . The Board discussed the loss of Water District #5 and the weight to give it for their findings and no agreement was reached. Ms . Tyler said with the annexation the Village may find a way to build a sidewalk for the residents of the TRA development because the Village is in the business of building sidewalks . Mr. Austic felt that it would not be an advantage to either the Town or the Village because it would be a cost. Ms . Tyler said that it is a possible advantage to those people living in that area. Ms . Marino said it is an advantage to the Village if potentially the Town and the Village were to work together to make an interconnected sidewalk network that connects the whole Village and that could be a reasonable possibility based on the State interest on certain projects ; enhance connecting all the units that would allow people to walk into all the services in the Village ; down the road if a grant was received to fill in the rest. Ms . Tyler said that it has been said at meetings that the developers would have no place to go in the Village commercial property unless they wanted to go into one of the historic structures so this would give them an objective as per the Town ' s Comprehensive Plan of 1999 , which talks about strengthening the current commercial district in Trumansburg. This would have the affect of providing land so you could get a diversity of businesses that would not fit into those historic structures . Special Town Board Meeting 4 August 22 , 2007 Mr. Austic said you can look at that another way whether it is in the Town or the Village he has heard it would not strengthen the core of the Village because business at that end of the Town would distract from the Village. It is not contiguous to the core of the Village. The vacant land to be annexed has been zoned commercial for about 20 years and has not been developed because of lack of cooperation with the Village for water and sewer. Ms . Marino emailed her statement that she read into the record as follows : Auble Annexation request discussion of positive and negative aspects : Town Board Special meeting August 22 , 2007 R. Marino notes 8/30/07 note to M Geldenhuys and Marcia — I did not raise all of these things at the meeting: these were the notes I had made in preparation for the meeting (cleaned up into full sentences) . I didn 't mark which I did raise in the discussion: I believe it was most all of them. I. Town of Ulysses Positive impacts of annexation of the proposed parcels : • Financial o Annexation to the Village and 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 . The availability of Village services could promote opportunities for high density residential development to fulfill identified needs in the Town (and Village) such as affordable housing for low income families or senior citizens desiring to remain in the community. (hard to separate the Town and Village on this) o A strong and vibrant Village core is something that is recognized as valuable to the Town and desirable to maintain (Comp Plan Objectives : Support and Strengthen Trumansburg ' s existing commercial base, Encourage development that efficiently utilizing existing municipal services) . The annexation would allow expansion of the Village core, potentially making the Town a more attractive place to live and visit, increasing both property values and income to local businesses . o Slightly less road maintenance (small savings) for the two roads in the T- Burg Country Estates • Land Use o Walk ability can be increased, as the T-Burg Country Estates is willing to build a sidewalk; annexation to the Village will allow that sidewalk to be built, where they have an infrastructure for maintaining sidewalks and a commitment to enhancing the walk ability of the community. A sidewalk to RT 96 from TCE could provide a link toward an Intermunicipal sidewalk project that would connect all the way from the North end of the Town (Village) to the grocery stores and pharmacy in the Town at the S end of the Village, allowing walking access to many businesses and services . The State is very interested in Intermunicipal projects and I think one such as this would be ideal for a grant application, and would enhance the Town and Village both in terms of economics, aesthetics, and safety, and further promote use of mass transportation. • Promoting Intermunicipal cooperation — Intermunicipal cooperation has become very desirable from the State perspective, and there are many funding opportunities available to promote such projects . The Village has strongly (indicated by 4 - 1 vote) decided that it is in the best overall public interest and in the best interest of the Village long term to annex this property; the Town and Village working cooperatively on a vision for growth at the North gateway to the Town benefits all Town residents by opening up possibilities for funding for joint Special Town Board Meeting 5 August 22 , 2007 Intermunicipal projects . One example is the sidewalk project above. Other examples would be combining shared municipal services for efficiency and cost savings to taxpayers. Many Ulysses residents have expressed a desire for better cooperation between the Town and Village governments. Negative impacts on Town • Loss of County sales tax revenue due to decrease in Town population and increase in Village population . While this is a true loss of dollars the Town would potentially have to spend, I don ' t believe it would have the degree or immediacy of negative effect that the Supervisor outlined in his recent memo . The Town would lose roughly 5 . 5 % of the sales tax revenue we are currently entitled to , but this would not directly translate to a 5 . 5 % increase in real property taxes to maintain the 2008 budget at 2007 levels . The TB very carefully considered and decided as a policy not to use more than a maximum of 90% of the projected County sales tax available to the Town as revenues supporting budget appropriations . [I advocated for a policy that used even less than 90%, and for not requesting all of the money from the County; the Supervisor chose to request the full amount] . The other — 10% of the sales tax that would come to the town would go into reserve accounts ; the Board has specifically discussed looking into establishing one such account for "tax relief ' in future budget years . So, the Town didn ' t commit to use 10% of the projected revenue, hence I don ' t see a tax increase required to maintain the budget at last year ' s level . Also, at the Supervisor ' s advice, the 2007 budget included some larger than usual appropriations to reserve funds for future expenditures such as highway equipment. These levels do not have to be kept the same in future years, and in fact Board discussions recognized future such reserve appropriations might not be sustainable at those levels . Also , since the Board didn ' t commit 100% of the sales tax as revenues, we will have —'30K in excess this year, if the sales tax revenue projections play out as outlined, to include into consideration in the 2008 budget. [I think it is important to evaluate the Town ' s current policy on using most of the available County sales tax allocation as revenue in the budget, given this analysis of how a loss of population might affect tax rate stability. ] • Loss of 0% financing offer for the proposed WD5 . This is undoubtedly a negative impact on those residents of the Town that are in the proposed district and need municipal water. It is would not necessarily be viewed as a negative impact on those residents who do not need water and oppose the district because of its cost . There is a loss of enhanced fire protection to residents in the area of the proposed WD5 that would be provided by WD5 . I believe after listening to the Village Board discussions last night, and the recent DOH meeting that there are other feasible and possibly even preferable options for providing municipal water to residents in need in this part of Ulysses and meet the DOH mandate to the Village for a second source, that could be developed in cooperation with the Village of Trumansburg rather than conflict with it, and that State funding will be available (changes in evaluation system for rural municipalities referred to at DOH meeting by INYS DOH representative) . I also believe that it is quite plausible that the Town as a whole will benefit from an Intermunicipal effort to explore and develop other options for a Village second source, in conjunction with the recent Village water study indicating that their well has a large surplus of water. This could provide the opportunity for a water supply company in Trumansburg that could meet the needs of the Town residents in the north end of Ulysses, such as those identified by water district 5 , while leaving enough water available from Bolton Point to supply a water district to meet known needs in the southern part of the Town. This would not be possible with the water supply constraints from the Town of Ithaca and water district 5 . Special Town Board Meeting 6 August 22 , 2007 • Creation of 3 — 5 parcels of land in the Town that are surrounded by the Village . This is of concern with regard to the unity of purpose criteria. However, I don ' t see that there will be any change in services available to these parcels currently, with regard to road maintenance, school districting, or police or fire protection, and so don ' t see this as a strong negative impact . Annexation of the surrounding land would likely make it easy for these parcels to be annexed into the Village the future should the owners choose to request it, and gain municipal services . As Trustee Hrubos stated at the Village annexation hearing and vote, this part of the town already is perceived as a unified with the Village by most that come to Trumansburg. The annexation won' t change the surrounding land use with regard to the MHP parcel , and the eventual land use on the open parcel will be equally or possibly more constrained and unified in land use with the isolated residential Town parcels as it would be if the property remained in the Town, depending on the zoning the Village puts in place (currently it is zoned Business in the Town) . • Concern of Town (outside the Village) residents about possible land use for the parcels if the property is annexed with the current Village zoning — see resident objections bullet under Village; it is my understanding from answers to my questions at the Village annexation hearing and vote meeting that a zoning amendment is required at the time the land is annexed, to address the zoning of the particular parcels . The Village Board majority felt strongly they could do a good job of getting appropriate zoning in place, using a variety of tools including a moratorium . Positive to the Village • Same as town financial with regard to tax base (Village is part of the Town) ; economic development opportunity at the entrance to the Village • According to the analysis done by trustee Hart, while the Village will lose a net of 26,000 for the next 3 years, the increase in sales tax revenue will eventually negate the loss in water and sewer revenues (8 year break even, if no development of the open parcel) and the Village will gain financially in the long run . • Village has more control over the land use at the northern gateway to the Village (pending completion of the Comp Plan and zoning revision), and this would provide for better continuity of land use, in accordance with the 20 year vision for the Village being developed in the Comp Plan; this was cited by the Chair of the Village Comprehensive Plan committee and others as a reason in favor of the annexation at the joint public meeting in June . • Provides for a site for mobile homes as per the Village mobile home park law, one is not now currently available. • Enhances walk ability in the Village (this extends to a Town benefit as stated previously) Negatives to Village • Resident objections, in large part due to mistrust of the landowner and concern for lack of zoning currently in place to regulate development of the open parcel — the Village trustees feel strongly that they have tools to ensure that no highly undesirable development will occur while the Comp Plan and zoning revisions are being finished; one example was a moratorium (it was noted that there is a forced moratorium by the DOH until the second source issue is resolved) . Also , the Village attorney clarified that that the Village will need to amend the zoning law as part of the annexation procedure, to deal with the parcels . This provides opportunity for public input and discussion through the required procedures . • Short term loss of revenue due to reduction in water and sewer income • Loss of 0% financing and the water district 5 project, and so loss of WD5 as an available option for a second source to meet the DOH mandate; the Village stated Special Town Board Meeting 7 August 22 , 2007 in their findings on the annexation decision there are other viable options for meeting this requirement, and overall found as part of their affirmative annexation decision that the long term benefits of annexing the property outweigh the loss of this option. • A sidewalk in the TCE will provide extra safety and promote use of public transportation. This sidewalk provides the start towards a continuous connection for residents of the annexed parcels to walk to Village businesses and services . Positives to residents of the parcels requested for annexation : • Enhanced police response (they are not required to be called in to respond via the mutual aid procedure, but can be dispatched directly) and protection due to Village taking over primary responsibility for the calls ; this results in increased safety, may increase property values . • Possible reduction in monthly expenses, due to savings to the property owner from lower water and sewer rates (no guarantee this will be transferred to the residents by the property owner) . Negatives to the residents • Fire protection would be enhanced by water district 5 ; note that this does not mean there is no , or inadequate fire protection currently — the Village Fire Dept that the Town contracts with for fire protection has a pumper truck; the Village Fire commissioner went through this at the Village annexation discussion. Mr. Ellis moved, seconded by Ms . Tyler to amend the motion to discuss annexation to enter the following resolution into the record of tonight ' s proceedings for the purpose of discussion at the next Town Board meeting : Resolution to Put Aside the WD#5 Proposal and to Proceed with Planning for a Water District that is Equitable, Economically Solid, and Necessary for the Town 1 ) Whereas the Town Board has extensively evaluated the value and impact of the proposed Water District #5 (WD #5) project as described in the November 2005 draft engineering report presented to the Town Board by Barton and Loguidice , including 1 ) considerable dialogue with the Village through the Joint Water Committee, 2) a recent engineering study examining concerns and shortcomings related to the provision of a second source of water to the Village of Trumansburg, and 3) an effort to accurately assess the financial and other impacts of the proposed project upon current and future subscribers to other water services in the Town, 2) And these efforts have answered many questions and revealed some benefits, but also have revealed numerous flaws and divisive characteristics of the proposed district, including aspects that pose significant risk to the long term stability of costs to the residents in the proposed WD#5 , 3 ) Whereas the scope of WD #5 as currently proposed is a substantial expansion of water district 5 as originally envisioned by the Town of Ulysses and the Village of Trumansburg in their 2003 agreement, and 4) Whereas the Trustees of the Village of Trumansburg voted unanimously in October 2006 to not support the proposed WD #5 , and further, requested that the Town of Ulysses not proceed with the currently proposed project, and 5) The Town has not worked out a solution and a memorandum of understanding with the Village of Trumansburg outlining a plan to resolve the significant and long-term financial impact of WD#5 on residents of the Town outside the proposed district (Village of Trumansburg) . 6) Whereas the Ulysses Town Board never adopted a resolution in support of application to the New York State Drinking Water Revolving Fund for financing of the proposed WD#5 project, or endorsed the draft engineering report sent to the Environmental Facilities Corporation as part of the Town of Ulysses application for financing, and Special Town Board Meeting 8 August 22 , 2007 7) The project did not come out of a comprehensive assessment and planning process for town- wide water needs and infrastructure, and the potential development impact of the proposed district has not been evaluated, 8) And whereas there is a clear limitation on the quantity of water that can be provided to the Town of Ulysses from Bolton Point through the Town of Ithaca infrastructure without costly future improvements, and there has been no comparative analysis to date of whether WD#5 is most necessary and best use of this finite water supply resource to address unmet municipal water needs and public health concerns in Ulysses, 9) Be it now resolved that the Town of Ulysses will immediately notify the Environmental Facilities Corporation, Senator Winner's office, and all other affected parties that it will not proceed with the steps necessary to complete an application packet for financing and to continue with currently proposed Water District #5 project. 10) Be it further resolved that the Town will begin work on a comprehensive assessment of water needs and concerns in all parts of the Town of Ulysses, to be used in conjunction with the Town of Ulysses Comprehensive plan to best design water infrastructure projects that meet the important needs of Ulysses residents, including those in the currently proposed WD5 . Such assessment will use the information and studies done to date, and will be developed with the continued engagement of the Village of Trumansburg, the NY State Parks and other municipalities as willing, and with clear public communication and opportunities for input at all steps in the process . 11 ) Further, the Town Board resolves to immediately begin the process of engaging professional services to explore mechanisms beyond special improvement district formation to identify households with severe water problems anywhere in the Town and attempt to identify assistance toward solutions. Mr. Austic nay Ms . Tyler aye Mr. Ellis aye Ms . Marino aye Adopted . Ms . Marino suggests that the meeting scheduled originally for August 27 still go forward for the discussion of the resolution brought forward by Mr. Ellis along with the meeting scheduled for August 30th for the annexation vote . Ms . Marino moved, seconded by Mr. Ellis to schedule a meeting for August 27th and August 30th at 7 PM . Mr. Austic aye Ms . Tyler aye Mr. Ellis aye Ms . Marino aye Adopted. Ms . Geldenhuys said that one possibility is that she can compare findings under the headings that include all the findings and facts that the Board brought up tonight in one document and then the Board can add or delete some. There will be some in there that only some of the Board members will consider to be factors . This she will have to the Board before the meeting. Mr. Austic asked if the Board would like to take a straw vote of how the Board felt on annexation. The Board was in agreement that because the full Board was not in attendance they would not do a straw vote; Ms . Geldenhuys agreed. Ms . Tyler would like to introduce another factor which is the personality and past track record of Mr. Auble. Ms . Tyler was concerned about that because she feels that it was Special Town Board Meeting 9 August 22 , 2007 brought up so many times at the different meetings but feels that findings can not be based on the personality of the owner of the property. Ms . Geldenhuys said that it is suppose to be objective findings based on the best interest of the Town and Village residents and the overall best interest. Mr. Austic said that Mr. Auble is the one to gain the most with annexation . Ms . Marino said that if you view it as an individual gain that is true but she does not believe that is how the Village was viewing it . Ms . Geldenhuys said that this Board needs to be the best interest for the Village, the Town, the residents in assessing the overall best interest if that happens to be a benefit or a detriment that is the consequence but that is not the basis of the decision. Ms . Geldenhuys said that there is no right or wrong answer to any of these things ; it is a matter of using your judgment and discretion and seriously considering weighing the facts . Ms . Geldenhuys will follow up with what has been said at this meeting and present the findings to the best of her ability. Mr. Austic asked if he heard a motion for adjournment . Ms . Marino said before that she would like some clarification on what is happening with the zoning revisions . Ms . Marino said she understands that the Board needs to address Ag and Markets comments . Mr. Austic said that the Board has now presented the revised Zoning Law to the Planning Board to look at. (The Planning Board had requested this . ) Ms . Marino said that the Board already had a final draft document and had held a public hearing on that document, which the Planning Board did not attend. Mr. Austic feels that there may be a few other issues in the law that needs to be addressed . Ms . Marino asked if the Board was going to schedule a time to address that or will it be done at the September Regular Board meeting. The Board discussed the need procedure . The Board decided to have the Zoning Law discussion placed on the agenda for the September Regular Town Board meeting. Hearing no further business Mr. Ellis moved, seconded by Mr. Austic to adjourn the meeting. Unanimously approved . Meeting adjourned at 9 : 05 PM . Respectfully Submitted, Marsha L. Georgia Ulysses Town Clerk I 1