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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 § 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