James J. Office of the Mayor Mayor January 5, 2017 Mr. Scott Sufficool, Interim Director VIA CERTIFIED MAIL E-MAIL BIA Midwest Regional Of?ce Scott.sufficool@bia. gov Norman Pointe II 5600 West American Blvd, Suite 500 Bloomington, MN 55437 Dear Mr. Suf?cool: The purpose of this correspondence is to provide you with the City of Green Bay?s response to the Consultation for Land Into Trust Application letters received by the City from the Oneida Nation of Wisconsin (?Oneida?) dated November 22, 2016. The letters were received by the City on December 7, 2016, and provide that any comments received within 30 days upon receipt of the letters will be considered. Accordingly, the City?s deadline to provide these comments is January 6, 2017. These comments are made in reference to the residential property located at all of the following addresses: 3095 Cactus Avenue 3097 Ferndale Drive 2690 Cormier Road 1314 Baumgart Road 2590 Indian Hill Drive 2725 West Point Road 1399 Sand Hill Drive 3070 Cactus Avenue Each of these properties is located in the City of Green Bay, Brown County (collectively hereinafter referred to as ?the Properties?). Pursuant to your request, the City provides the following information: 1. The annual amount of property taxes currently levied on each property. In 2016, the improvements and land for the Properties were assessed as follows: Property Address Land Value Improved Total Value Gross Taxes City?s Value Portion 100 North-Jefferso-n Street a. Room 200 Green Bay. WI 54301-5026 1:7 920.448.3005 a Fox9202148.3081 Mr. Scott Suf?cool January 5,2017 Page 2 3095 CactusAve. $38,100.00 $98,600.00 $136,700.00 $1,209.27 2690C0rmleer. $33,800.00 $94,700.00 $128,500.00 $3,102.80 $1,136.73 25901ndianHillDr. $75,700.00 $89,300.00 $165,000.00 $3,984.00 $1,459.62 l399SandHillDr. $34,600.00 $101,300.00 $135,900.00 $3,281.40 $1,202.19 3097FerndaleDr. $32,900.00 $105,800.00 $138,700.00_ $3,349.10 $1,226.96 l314Baumgarth. $28,600.00 $82,800.00 $111,400.00 $2,689.90 $985.46 2725 WestPointh. $31,200.00 $83,600.00 $114,800.00 $2,771.90 $1,015.54 3070CactusAve. $32,600.00 $91,000.00 $123,600.00 $2,984.30 $1,093.39 The City receives a portion of the real estate taxes collected. For all of the Properties, the amount the City would realize is approximately $9,329.16 for the 2016 tax year. 2. The impact on the political subdivisions resulting from the removal of the land from the tax rolls. Removal of these Properties from the tax rolls has a severe impact on the City?s tax revenue. While each individual property has a negligible impact on the City?s operations, when considered as a whole, the result is devastating. There are well over 150 properties located within the City of Green Bay that are currently held in trust, and which represent millions upon millions of dollars in assessed values removed from the tax rolls. These additional eight (8) properties further reduce the City?s tax base by approximately $1,054,600.00. Because the City does not have a sales tax, the City?s primary source of revenue is from the property tax levy. Each property that is removed from the tax rolls redistributes the burden for the City?s operations to the rest of the City?s tax payers, even though these properties continue to bene?t from the City?s operations. This inequitable tax burden among Green Bay residents has been divisive to our community, as has the unworkable checkerboard of jurisdictional boundaries placing properties into trust creates. The City?s operating expenses are not reduced when the property is removed from the tax rolls, as the City remains responsible for providing numerous public services to all property within its jurisdictional bounds regardless of ownership or tax exempt status. While many communities choose to adopt a service agreement to lessen the burden caused by removing properties from the tax rolls, none currently exists between the City and the Oneida Tribe. The parties had previously been operating under a Service Agreement adopted in 2009, but found that the agreement was unworkable and elected to terminate in April 2016. No new service agreement has been entered into since that time and no negotiations regarding a new agreement have taken place. Accordingly, the City is without any means of reducing the negative impact caused by removing these properties from the tax roll, or for ensuring that residents who own taxable property do not have to pay more than their fair share of the City?s costs of operation to offset the revenue reduction caused by neighboring properties being taken off the tax roll. Mr. Scott Sufficool January 5, 2017 Page 3 3. Any special assessments, and amounts thereof, which are currently assessed against the property. The following are the only special assessments and charges currently levied against the Properties, to the City?s knowledge: Property Address Spec. Ass/Charge Spec. Ass/Charge 2 Total 3095 Cactus Ave. $355.72 $436.87 $792.59 (delinquent water) (delinquent sewer) 2690 Cormier Rd. $0 $0 $0 2590 Indian Hill Dr. $0 $0 $0 1399 Sand Hill Dr. $79.91 $84.29 $164.20 (delinquent water) (delinquent sewer) 3097 Ferndale Dr. $0 $0 $0 1314 Baumgart Rd. $354.00 $354.07 $708.07 (delinquent water) (delinquent sewer) 2725 West Point Rd. $0 $0 $0 3070 Cactus Ave. $0 $0 $0 4. Any governmental services which are currently provided to the property by your jurisdiction. The City currently provides all standard public works services to each of the Properties, including solid waste collection, recycling collection, seasonal yard waste removal, snow removal, street maintenance and repair, water service, and sewer service. In addition, residents are entitled to use and bene?t from all City services, regardless of taxation status. This includes public parks and recreational facilities, law enforcement, community policing, fire, inspections, and neighborhood services to name a few. 5. If subject to zoning, how the property is currently zoned, and potential con?icts of land use, if any, which may arise. All of the Properties are currently zoned R-1. While there is no incompatible zoning, there is great potential for land use con?icts. One of the primary reasons the City chose to terminate the 2009 Service Agreement was the dif?culty in ensuring consistent land use applications between neighbors. The City?s jurisdiction to ensure that properties adhere to zoning restrictions has been severely limited, and even under the 2009 Service Agreement, there was no consistent way of ensuring all parties in a single neighborhood, or even on a single street, were adhering to zoning restrictions. A piecemeal application of zoning restrictions results in disjointed neighborhoods and disgruntled neighbors. This type of discord is counterproductive to ensuring a cohesive community in the residential neighborhoods at issue here. Mr. Scott Suf?cool January 5,2017 Page 4 Based on all of the foregoing, the City opposes the application to place each of these Properties into Trust. While the City respects the Tribe?s sovereignty, until a workable solution to these concerns is implemented, removing these properties from the tax rolls simply acts to erode the good will and communal spirit of these neighborhoods. This hurts both the Tribe and the City. Thank you for your attention to this matter. Please do not hesitate to contact me if you have any additional questions or concerns. Tillatown.USA James J. Schmitt Mayor Of?ce of the Mayor August 18, 2017 Ms. Tammie Poitra, (Acting) Regional Director VIA CERTIFIED MAIL E-MAIL BIA Midwest Regional Of?ce Tammie.Poitra@bia. gov Norman Pointe II 5600 West American Blvd, Suite 500 Bloomington, MN 55437 Dear Ms. Poitra: The purpose of this correspondence is to provide you with the City of Green Bay?s response to the nine (9) Consultation for Land Into Trust Application letters received by the City from the Oneida Nation of Wisconsin (?Oneida?) dated June 20, 2017. As an additional matter, the letters were received by the City on July 14, 2017, and provide that any comments received within 30 days upon receipt of the letters will be considered. Accordingly, the City?s deadline to provide these comments was August 14, 2017. Due to summer scheduling and other dif?culties in obtaining the information requested, the City is requesting a four-day extension of time to submit these comments. The City?s comments herein are made in reference to all nine (9) properties located at the following addresses: 3075 Cactus Avenue 2190 South Point Road 1936 Everbreeze Road 3064 Femdale Drive 2833 West Mason Street 3011 West Point Road 1965-1967 Belmont Drive 820 Green Ridge Drive 1700 Kalahari Drive Each of these properties is located in the City of Green Bay, Brown County (collectively hereinafter referred to as ?the Properties?). Pursuant to your request, the City provides the following information: No??lettarsofi 57199:- a 13% ?2591?, 3C GTe?ia?vj?l'54561455?6' W-greeasavwlgov_ Ms. Tammie Poitra August 18, 2017 Page 2 1. The annual amount of property taxes currently levied on each property. In 2016, the improvements and land for the Properties were assessed as follows: Property Address Land Value Improved Total Value Gross City?s Value Taxes Portion 3075 Cactus Ave. $34,200 $91,900 $126,100 $3,044.80 $1,115.50 1936 Everbreeze Rd. $32,100 $101,700 $133,800 $3,230.60 $1,183.62 2833 West Mason St. $53,400 $53,400 $1,289.50 $472.38 1965-1967 Belmont Dr. $28,800 $146,900 $175,700 $4,242.40 $1,554.27 1700 Kalahari Dr. $41,000 $127,200 $168,200 $4,061.28 $1,487.92 2190 South Point Rd. $76,200 $92,500 $168,700 $4,073.30 $1,492.35 3064 Ferndale Dr. $34,100 $118,100 $152,200 $3,675.00 $1,346.39 3011 West Point Rd. $30,300 $117,400 $147,700 $3,566.30 $1,306.58 820 Green Ridge Dr. $42,300 $105,200 $147,500 $3,561.40 $1,304.81 The City receives a portion of the real estate taxes collected. For all of the Properties, the amount the City would realize is approximately $1 1,263 .81 for the 2016 tax year. 2. The impact on the political subdivisions resulting from the removal of the land from the tax rolls. Removal of these Properties from the tax rolls has a severe impact on the City?s tax revenue. While each individual property has a negligible impact on the City?s operations, when considered as a whole, the result is devastating. There are well over 150 properties located within the City of Green Bay that are currently held in trust, and which represent millions upon millions of dollars in assessed values removed ?om the tax rolls. These additional nine (9) properties further reduce the City?s tax base by approximately $1,273,300.00. Because the City does not have a sales tax, the City?s primary source of revenue is from the property tax levy. Each property that is removed from the tax rolls redistributes the burden for the City?s operations to the rest of the City?s tax payers, even though these properties continue to bene?t from the City?s Operations. This inequitable tax burden among Green Bay residents has been divisive to our community, as has the unworkable checkerboard of jurisdictional boundaries placing properties into trust creates. The City?s operating expenses are not reduced when the property is removed from the tax rolls, as the City remains responsible for providing numerous public services to all property within its jurisdictional bounds regardless of ownership or tax exempt status. While many communities choose to adopt a service agreement to lessen the burden caused by removing properties from the tax rolls, none currently exists between the City and the Oneida Tribe. The parties had previously been operating under a Service Agreement adopted in 2009, but found that the agreement was unworkable and elected to terminate in April 2016. One of the reasons Ms. Tammie Poitra August 18, 2017 Page 3 negotiations for the service agreement failed is because the Tribe would not agree to remove Section 9, which prohibited the City from opposing the Tribe?s trust applications. No new service agreement has been entered into since that time. In addition, the Tribe never responded to the City?s request to meet to continue negotiations, and passed a motion to ?accept the Tribal Member?s request to place a moratorium on executing new City of Green Bay Service Agreement as information.? Accordingly, the City is without any means of reducing the negative impact caused by removing these properties from the tax roll, or for ensuring that residents who own taxable property do not have to pay more than their fair share of the City?s costs of operation to offset the revenue reduction caused by neighboring properties being taken off the tax roll. 3. Any special assessments, and amounts thereof, which are currently assessed against the property. The following are the only special assessments and charges currently levied against the Properties, to the City?s knowledge, and re?ect principal balance only: Property Address Spec. Ass./ Charge 1 Spec. Ass/Charge 2 Total 3075 C_actus Ave. $0 $0 $0 1936 Everbreeze Rd. $0 $0 $0 2833 West Mason St. $2,772.00 (Deferred $2,640.00 (Deferred $5,412.00 Sanitary Sewer) Storm Sewer) 1965-1967 Belmont Dr, $0 $0 $0 1700 Kalahari Dr. $0 $0 $0 2190 South Point Rd. $0 $0 $0 3064 Ferndale Dr. $0 $0 $0 3011 West Point Rd. $0 $0 $0 820 Green Ridge Dr. $0 $0 $0 4. Any governmental services which are currently provided to the property by your jurisdiction. The City currently provides all standard public works services to each of the Properties, including solid waste collection, recycling collection, seasonal yard waste removal, snow removal, street maintenance and repair, water service, and sewer service. In addition, residents are entitled to use and bene?t from all City services, regardless of taxation status. This includes public parks and recreational facilities, law enforcement, community policing, ?re, inspections, and neighborhood services to name a few. Ms. Tammie Poitra August 18, 2017 Page 4 It is also important to note the potential jurisdictional con?icts which will arise by taking these properties into trust, such as con?icts related to ?re protection services g. alarm permits) and law enforcement services as the agreement is outdated and contains inconsistencies. 5. If subject to zoning, how the property is currently zoned, and potential con?icts of land use, if any, which may arise. All of the Properties are currently zoned Low Density Residential with the exception of the property located at 2190 South Point Road, which is currently zoned Low Density Residential Conservancy (C). In addition, the property located at 1965-1967 Belmont Dr. is a two-family dwelling considered legal nonconforming under the City?s current ordinance, and the property located at 2833 West Mason St. is a vacant parcel and is shown as future commercial based on the City?s Comprehensive Plan. While there is no incompatible zoning, there is great potential for land use con?icts. One of the primary reasons the City chose to terminate the 2009 Service Agreement was the dif?culty in ensuring consistent land use applications between neighbors. The City?s jurisdiction to ensure that properties adhere to zoning restrictions has been severely limited, and even under the 2009 Service Agreement, there was no consistent way of ensuring all parties in a single neighborhood, or even on a single street, were adhering to zoning restrictions. A piecemeal application of zoning restrictions results in disjointed neighborhoods and disgruntled neighbors. This type of discord is counterproductive to ensuring a cohesive community in the residential neighborhoods at issue here. Furthermore, taking the land into trust creates potential con?icts related to the City?s building code, public nuisance ordinance, erosion control ordinance, and similar ordinances intended to protect the public health and welfare. Finally, the City reserves its right to raise constitutional arguments in the event that this matter is eventually appealed to federal court. Based on all of the foregoing, the City opposes the application to place each of these Properties into Trust. While the City respects the Tribe?s sovereignty, until a workable solution to these concerns is implemented, removing these properties ?om the tax rolls simply acts to erode the good will and communal spirit of these neighborhoods. This hurts both the Tribe and the City. Thank you for your attention to this matter. Please do not hesitate to contact me if you have any additional I - . or concerns.