Planning,
Development & Environmental Quality Committee
Tompkins
County Legislature
Regular
Meeting
October
19, 2006
3:00 PM
Old Jail Conference Room
Other Legislators Present: Dooley Kiefer, Michael Sigler
Staff: Fernando de Aragon, ITCTC; Heather Filiberto, TCPD; Joan Jurkowich, TCPD; Jackie Kippola, T C Administration; Ed Marx, Commissioner of Planning & PW; Julia Mattick, Tompkins Workforce NY; David Squires, T C Comptroller; Steve Whicher, T C Administrator; Kathy Wilsea, TCPD; Jonathan Wood, T C Attorney
Visitors: Noel Desch, Lansing Sewer Committee; Michelle King,
Ithaca Journal; Andy Sciarabba, Lansing Sewer Committee; Bud Shattuck,
Lansing Town Council; Jim Skaley, Varna resident; Stu Stein, Strategic
Tourism Planning Board
1) Call to Order & Agenda Changes– Chair Martha Robertson
called the meeting to order at 3:30 PM with all members present.
Order was changed due to absence of presenters.
9 Committee Administration
a) Approval of Minutes from 9/21 and 10/3 – Both sets moved by
Frank Proto, seconded by Kathy Luz Herrera and passed unanimously with
no changes.
3) Strategic Tourism Planning Board
a) Appointment – Appointment of Jennifer Casillas to the Ithaca
College seat was moved by Frank, seconded by Tyke Randall and passed unanimously.
b) Resolution: Funding of Community Celebrations Grants
-- Stu Stein, Chair of STPB, said applications were sorted and events
that will occur after the spring 2007 grant round were held for next year.
This fall 2006 round is to disburse the balance available in the grant
account. Resolution was moved by Kathy, second by Jim Dennis.
Jackie pointed out that Celebrations grants are for our communities, and
these aren’t necessarily events that will bring visitors from out of town.
On the review chart, “0” in the “Comm. Recommend” column represents an
application that was reviewed and refused in this cycle. Blanks show
up for applications that will be reviewed in the spring. Resolution
passed by unanimous vote. Stu Stein said STPB has gathered their
evaluation surveys (mentioned last month) and will be reviewing them.
2) Ithaca-Tompkins County Transportation Council
a) Park and Ride Update – Fernando deAragon said commuter surveys
for Cornell University and downtown workers were completed and summary
reports prepared. The downtown survey showed similar patterns as
the Cornell report. Principal commuter routes to CU are from the
north and northeast; the third most common commuter route is from
Route 96 and Trumansburg. TCAT has the reports, and CU is using the
data for its TGEIS project that will provide a lot of the analysis and
proposals. Fernando hopes the Route 13 Corridor Study will provide
information for opportunities for improvements. There have been meetings
with TCAT for short term Park and Ride suggestions, trying to find parking
locations that can merge with existing transit service. For example,
they are considering a Park and Ride spot at Pyramid Mall, which already
has service every 15 minutes.
Frank said some commuters use Tioga Transit, and perhaps Tioga Transit
could be contracted for some Park and Ride locations in Tompkins County.
State transit grants are based on mileage as well as number of riders.
Park and Ride has mushroomed due to the price of gas, and we need spots
further out in the county, like at TC3. Jim Skaley asked if CU is
using disincentives to parking on campus, and mentioned that Varna continues
to see increases in traffic volume. The community is concerned about
safety for seniors and children as well as the extra commuters.
Fernando said funding would be needed to implement ideas that come
out of the corridor study. TCAT will be a main partner, and they
are facing some serious limitations on facility size, repairs, and staff
not being adequate for growth. Fernando will contact TCAT and see
if they put anything in the new TIP round. Frank said TCAT will be
holding a strategic planning meeting on October 31.
4) Tompkins County Planning Department
a) Affordable Housing Needs Assessment Update – Heather Filiberto
said she is receiving calls on the study, so there is lots of interest
in the community. Presentations to local communities and coverage
in the press are stirring debate. Mayor Peterson started a task force,
and their meeting this morning included a discussion on the current market.
TCPD has a local assistance contract with the Town of Lansing to revise
their zoning, and Heather hopes that will remove some barriers and promote
housing. There is funding this year for part of the recommended renter
surveys, and TCPD hopes to partner with Cornell on that. TCPD is
juggling priorities to be able to get to the vacant land analysis; Ed pointed
out that a lot of the land in that analysis is in the proposed Lansing
sewer district.
b) Resolution: Authorization to Loan Monies to RPM Ecosystems from the Economic Development Revolving Loan Fund – Resolution moved by Kathy, seconded by Jim. Frank asked about the contribution of TCAD, and Heather said it is from the women/minorities program. Heather pointed out a typo in the memo, and said the interest on the loan will be at 4% (this is not in the resolution). Resolution passed unanimously.
c) Resolution: Authorization to Submit a 2006 Small Cities Community Development Block Grant Program Economic Development Application to Benefit RPM Ecosystems – Resolution moved by Jim, seconded by Tyke. Heather said this would be a CDBG grant to the County, then loaned to RPM at 6%. The recent survey showed the property to be 159 acres. Resolution passed unanimously.
d) Resolution: Support for 2006 Quality Communities Program Grant Application – Resolution moved by Kathy, seconded by Jim. Joan Jurkowich said the project is for Finger Lakes Trails/Planning, and this is a resolution supporting the grant application by Finger Lakes Land Trust. Ed Marx pointed out FLLT mostly has temporary or handshake agreements for access to private lands. This grant will allow a consultant study to assess and address the need to firm up those agreements. He is not sure about the level of public participation, because it addresses existing trails. A map will be provided for the Legislature, and a note will be added to the bottom of the resolution requesting periodic updates to the Legislature. Resolution passed unanimously.
f) Budget Adjustment – moved by Kathy, seconded by Jim and passed unanimously. The Budget Transfer attached to the agenda did not require committee action.
e) Commissioner’s Report – Ed Marx announced there will be a public meeting at the Dryden Fire Department on November 1st at 7:30 PM on the Route 13 Corridor Study. Post cards went out inviting people to the public meetings for the Natural Features Focus Areas from October 24 to November 15. Ed has initiated discussion with the Town of Ulysses, Town of Ithaca and City of Ithaca about conducting a Route 96 corridor study. Traffic has been cited by some as an impediment to new housing development along Route 96.
5) Tompkins Workforce New York
a) Resolution: Authorization to Execute Contract with Tompkins
County Office of Employment and Training to Provide Workforce Investment
Act Title I-B Youth Services – Resolution moved by Tyke, seconded by Kathy.
Julia Mattick said this includes wages for participants and staff, transportation
for participants, and office expenses. Resolution passed unanimously.
b) Budget Adjustment – Moved by Frank, seconded by Kathy and passed unanimously.
6) Committee Goals: Eminent Domain
a) Background – Jonathan Wood said eminent domain allows municipalities
to take private land for public purposes by paying fair market value.
It has two components: the hearings where protests can only comment
on whether the use is for public purposes, and a separate situation where
a landowner can bring action to get more money. The recent Supreme
Court case was about public purpose. A New London, CT lawsuit challenged
whether an economic development project was for public purposes.
Jonathan noted there was a similar challenge in the Buffalo area when Rich
Stadium was proposed for the Bills. The Supreme Court ruled in the
recent CT case that a municipality using eminent domain for economic development
is permissible, even though ultimately the property is going to a private
developer. “Public purpose” has been broadly defined, so long as
it can be shown there is some benefit to the public. Thus, parks
and trails are certainly public purposes, and he sees no real legal issues
with the Waterfront Trail. Some municipalities are surprised by the
power available through eminent domain and citizens are concerned, so some
municipalities have taken actions to impose local limits. Kathy said
she has heard of instances when prior sale of mineral rights has altered
the taking of a property by eminent domain. Jonathan said that differs
by state and NYS DEC permits acquisition by eminent domain although a municipality
might not be able to get all of the mineral rights.
7) Lansing Sewer District
a) Discussion – Martha Robertson asked Jonathan Wood if the proposal
coming from Lansing is legal. Jonathan first pointed out he is a
resident of the proposed district. The issue is whether or not a
county can contribute. He recommended asking the NYS Comptroller
up front if it is okay, because if we proceed without asking we will be
questioned in an audit. The Comptroller might say no because the
sewer district is not on the list of organizations the county can contribute
to, and there are specific rules about who can be charged for the costs
of a sewer district. A loan may be more acceptable than a “gift.”
The parameters of the proposed agreement must be spelled out in the inquiry
to the Comptroller. Jonathan was unable to stay for discussion.
Andy Sciarabba distributed an update on the calculations provided with the agenda. This chart showed cumulative tax impact and cumulative county contribution (subsidy). The County would subsidize a portion of the bonds, then start getting money back in 2022 from additional equivalent dwelling units (EDUs). Figures are based on 100 units per year developed as a constant. Tax rate is also constant in the projections. Properties that are exempt from property taxes still pay sewer district fees. If the project receives no assistance, cost per property would be $850 – 900 per year. They are trying to raise $5 million to reduce costs for residents. Interest rate might be lower than 5% if the State bonds the project. Lansing will grow with or without this, the committee is just trying to make things best for citizens. Growth in the town is now 30-50 units a year. Tompkins County Planning Department and the Town of Lansing have recently executed an agreement for TCPD professional service. Joan Jurkowich pointed out work will be toward implementing the Lansing laws to encourage affordable housing, high density residential growth in the proposed sewer district, and high density growth in the mixed use zone of the southern part of the town. This contract is about fulfilling the Town of Lansing’s intent. There was some review of table 7-2 and attempts to clarify hookup fees based on property size and land use. Efforts were made to keep carrying cost very low for landowners who hold onto vacant land so there would be no real incentive for landowners to develop except market impacts.
Dooley Kiefer asked how the County is supposed to do this, and Andy Sciarabba said the County would get additional tax revenues. Dooley said she thinks it would be a terrible mistake for Tompkins County to do this. Using County money for a loan means that money isn’t available for anything else. Frank asked about the timing of implementation phases. Bud Shattuck said property owners have to hook up within five years or can add up to five more years if their current system is less than five years old, so they would have ten years from the date of their old system’s installation. Frank asked about properties with topography complications and if they could be exempt from hookup. Bud said placement is based on engineers’ studies and recommendations. The Health Department will help with reviews. There is no exemption or waiver provision in the current draft of the plan. Frank asked if the visitors from Lansing have property in the district. Andy said he owns two commercial properties, Noel owns a cottage, and Bud said he lives in the initial district.
Kathy Luz Herrera said she admires the initiative and work involved in this proposal, and wanted to examine the differences between this proposal and an IDA incentive deal. If the County works with the district, which is not a business, there are no guarantees that the EDUs will develop. It ties up County funds that would be used in other programs. Payment has no clawback, and if it did, it probably would be illegal. She can’t see her way through this and can’t support it. Steve Whicher asked if the trunk of the system would go through the Village of Lansing, and Noel said yes, the Village is willing to contribute $300,000. Sundown Farms would be part of the Village’s service area. Andy said part of the projected 100 units per year growth would be from in-commuters who would move into Tompkins County. Even if unit development is slower than 100 per year, it just means a different payback period.
Mike Sigler said he does not reside in the district, and thanked PDEQ for providing dialog on the topic. He thinks it fits in with the County Comprehensive Plan goals and is interested in getting an opinion from the NYS Comptroller. Frank agreed we need some answers from the state. Jim Dennis said there are several factors – can we, should we, what are budget implications, and what would it mean to other municipalities? He would support it if it’s legal because he thinks government needs to keep finding ways to respond to citizens’ needs. Frank asked what the Lansing group will do if the County is unable or unwilling to support this proposal. Andy said they will continue to do presentations and look for more supporters. The Town can form the district. Noel pointed out the information being provided to the public assumes no special contributions. Jim said IDA does public/private partnerships. He sees this as a public/public partnership. Frank pointed out landlords can’t keep rents reasonable and pay these additional fees.
Ed Marx said if PDEQ wants to contact the NYS Comptroller about this, he needs to know what they want presented. Kathy said she can’t support it, anyway. If municipalities want to use County resources, all taxpayers should benefit. Tyke agreed that he can’t support it. Frank said he doesn’t like the precedent, but feels it is worth examining. This is a major policy decision for the County, and he doesn’t think we are ready for NYS review yet. Mike Sigler wants to seek information from the NYS Comptroller. Ed Marx said he would prefer not to pursue it if there is not clear PDEQ support, as it will be complex for NYS Comptroller to review. By vote of 3 (Dennis, Proto, Robertson) to 2 (Herrera, Randall) it was agreed to draft a letter to the Comptroller seeking concept review, and hold a special meeting prior to the Legislature meeting on 11/8 for PDEQ to review the draft letter. Martha specified to the Lansing committee that there is no promise implied by contacting the Comptroller. She warned other Legislators that if we contributed to the Lansing project we should expect to be approached by other municipalities.
8) Agriculture & Farmland Protection Board
a) Resolution: Alternative Fuel Resolution – Moved by Frank
Proto. Martha put this off to November so we can have a fuller discussion.
10) Adjournment – the meeting was adjourned at 6:07 PM.
Respectfully submitted,
Kathy Wilsea, Secretary
Tompkins County Planning Dept.