MINUTES
PLANNING COMMITTEE
(Tompkins County Legislature)
MARCH 5, 2003 - 2 P.M.
HEYMAN CONFERENCE ROOM


Members Present: Kathy Luz Herrera, Dooley Kiefer, Mike Lane, Peter Penniman
Member Excused: Dan Winch
Staff Present:  Joan Jurkowich, TCPD
Jackie Kippola, Administration
Ed Marx, Commissioner, TCPD
Kathy Wilsea, Secretary, TCPD

Other BOR Members Present: Nancy Schuler, George Totman

Guests:  Carol Chock, STPB
Alan Cohen, City of Ithaca
Richard Driscoll, CAP
Carol Kamen, STPB
Doug McDonald, City of Ithaca
Kevin McLaughlin, National Dev. Council
Stephen Nicholson, Environmental Mgmnt. Council
David Sprague, CAP
Michael Stamm, IDA
Stu Stein, STPB
Bob Steinkamp, Eagle Broadcasting

 
I Committee Administration

A Call to Order

Chair Mike Lane called the meeting to order at 2:04 PM.  Dan Winch was excused from today’s meeting.

B Agenda Changes

There were no changes to the agenda.

C Approval of Minutes

- PDEQ of 2/5/2003 – Motion was made by Peter to accept the minutes, seconded by Kathy Herrera.  Dooley submitted a change and the minutes were accepted by vote of 4:0.
- Economic & Workforce Development of 12/12/2002 – Motion by Kathy, seconded by Peter.  One correction was submitted by Dooley and the minutes were accepted by vote of 4:0
- EWC of 1/21/2003 – Motion was made by Dooley, seconded by Kathy.  Accepted by vote of 4:0.  It was noted that WFD was abbreviation for Workforce Development Board.

D Announcements

There were no announcements.

E Appointment of Liaison to Economic Development Revolving Loan Oversight Committee

Dooley will serve in this voting seat, with Mike as alternate.

II Strategic Tourism Planning Board

F Resolution:  Funding of Tourism Development Grants

Carol Chock was introduced by Jackie Kippola.  Carol represents culture on the board.  She said it is a pleasure to serve on STPB, and she is impressed with their work.  There were 19 applications for this grant round, totaling $100,545, and the committee recommended funding 13 of them, totaling $32,140.  Carol reviewed the projects on the list distributed with the agenda.

Applications denied:  Light in Winter was invited to apply for a type 2 grant, as they sought 5 times the maximum amount for this program.  CAP’s application to enhance advertising for Artists’ Markets and the City of Ithaca Shade Tree Advisory Committee’s application for Great Trees of Ithaca Brochure and Self-Guided Walking Tour would not attract out-of-town visitors.  Icarus Theatre Ensemble was not eligible.

Kathy asked why the Farmers Market application was denied, noting this year is their 30th anniversary.  Carol said they sought money for their brochure, which was an old design.  Other factors:  there is no specific timing for special events, and this attracts no overnight visitors.  Dooley asked about the last item, CNY Unity Basketball Classic & Community Festival.  Jackie said it targets 18- to 24-year-old boys, and “unity” referred to range of race and class.  Carol said it is scheduled in an already busy weekend, and would not encourage overnight visitors because competitors are local and regional.

Motion by Peter to adopt the resolution, seconded by Kathy.  Peter asked if there will be a second round of grants this year, and Carol said they were unsure.  They have over $7,000 left.  Resolution adopted by vote of 4:0.

G Resolution:  Funding of Community Celebrations Grants

Carol Kamen was present to discuss the recommendations.  There were eleven applications, and the grants recommended by the Community Celebrations Grants committee total $9,535.  There will be no second round this year.  She noted the newly revised application form proved useful.  Events must be free and open to the public, and municipal sponsorship is necessary.  Grant for Music in the Park was higher than the original application, which was incorrectly written and then revised.  Kathy asked if the applicant for the Earth Day 2003 event was contacted to try to obtain municipal sponsorship.  Carol Kamen and Jackie Kippola said he was contacted several times.  Mayor Cohen said he could get Common Council sponsorship at tonight’s meeting.  Kathy wanted to get funding for the Earth Day event, and said she was glad the committee gave feedback to the applicant regarding incomplete application.

Kathy made a motion to grant $400 to the Earth Day 2003 event, seconded by Peter.  Mike said he would prefer that it go back to committee review with the sponsorship cleared up.  Carol Chock said the application was considered by the committee to be the weakest and least specific proposal received.  Stu Stein mentioned the grant process entails a contract with the sponsoring municipality, although no leverage component is required.

The resolution was moved by Kathy and seconded by Dooley.  Kathy made a motion to reserve $400 for Earth Day 2003 pending municipal sponsorship.  Dooley mentioned the committee would need to meet again.  Mike noted the application from Trumansburg Fair also was not funded, and Carol Kamen said it was not free and open to the public.  Stu Stein said they receive funding under other programs.  Motion to amend failed with vote of 2:2.

Resolution as presented passed 4:0.

H Resolution:  Approval for Contract for Arts and Culture Tourism Assets Stabilization

Richard Driscoll and David Sprague were present to answer any questions.  Carol Chock gave background on developing this new program.  Other programs are for specific events, while this is for stabilization.  This proposal was developed over a two-year period.  There are three components:  (C) Develop and implement plan for financial and operational stabilization, (B) Create comprehensive arts marketing plan, and (A) Secure the Ticket Center to better meet the challenges of increased performing arts activities/ticket sales.  She noted the Ticket Center has been overwhelmingly successful.  This program seeks to make events part of the economy.  She recommended that others at the meeting visit the website <ithacaevents.com> and said the committee hopes to continue working with the consultant that developed it.  The resolution is based on delaying the implementation of the Ticket Center recommendation, which would cost $42,000.  The Ticket Center expansion would include an automated call distribution center and computerized ticketing.

Kathy said (B) has a specific consultant, and it appears the choice is already made.  Richard Driscoll said CAP as a contractee is not required to do a Request for Proposals, the consultant is willing to do part as in kind services for no charge, and they have been very effective in the launching campaign.  He mentioned that website hits tripled in the first month of the campaign.  STPB is currently recommending (B) and (C).  They approved (A) contingent upon  development of a three-year draft budget.  Peter asked what was the STPB vote when this was acted upon, and Richard said it was 8:1.  Mike Lane pointed out this resolution will use some of the new room tax money.

Motion by Peter to adopt the resolution, seconded by Kathy.  The final Resolved clause was amended to read:  Resolved, That the County Administrator or his designee is authorized to execute an amendment to the Community Arts Partnership contract for $74,250 to carry out two of the tasks (B and C) outlined in the plan.   Jackie Kippola will add an explanation at the end for delay on Objective (A).  Resolution adopted by vote of 4:0.

I Budget Adjustment for CAP

Jackie Kippola said this action moves money out of the line item to Tourism from the A fund for this year.  The resolution passed by this committee and BOR last month addresses next year.  Dooley believes it is preferable for CAP to retain its identity by keeping a separate budget line with zero local share of taxpayer dollars.

Motion by Kathy, seconded by Peter.  Approved by vote of 3:1 (Kiefer).

III T C Industrial Development Agency

Michael Stamm was present to discuss the bond issues.  He said the three projects have been reviewed by IDA, but not approved yet.  IDA approval is the last step in the process.  The two public hearings have been held on the projects in the City, and the Kendal public hearing will be soon.  If passed today, the City resolutions would proceed to the Board of Representatives for their 3/18 meeting, and to IDA for their meeting on 4/4.  The Kendal item would be addressed by IDA after the public hearing and BOR consideration.

J Resolution:  Approval of the Issuance by the Tompkins County IDA of Up To $20,000,000 Civic Facility Revenue Bonds (Community Development Properties, Ithaca, Inc. Project), Series 2003 [Cayuga Green]

Motion by Peter, seconded by Kathy.  Peter questioned if public funds would be obligated to pay for the facility.  He has more concerns about the hotel project than the parking.  He asked what is the extent of the City’s filling in of gaps.  Mayor Cohen said he will provide a copy of the pro forma to Michael Stamm for distribution to committee members.  Funding will be generated by changes to parking rates at all city parking facilities and meters.  There is no reliance on general funds or taxes.  The project will include some rent revenue from housing and retail uses.  A Benefit Assessment District might yield $150,000, but there will be no property tax money involved.  Peter said parking fees are user fees, and he considers them public money, although he is more concerned about public funds in the hotel project than in the parking project.

Dooley asked if bonds will pay for all of the project.  Michael Stamm said part of the project is retail space, and bonds cannot fund that.  Kevin McLaughlin, of National Development Council, said space is set aside for retail, but that could change to parking if no tenants are found.  Series B taxable bonds would be used for the retail space.  Dooley asked if Series B bonds were covered in this resolution.  Michael Stamm said it is worded broadly enough to include them.

Dooley felt it was premature for the project to come to this committee.  IDA should decide if it recommends the project and then come to the County for approval to issue bonds.  Michael Stamm said the County must approve it before IDA can.  The timeframe is very tight to close in April.  Dooley said the SEQR action was reviewed on February 18, and asked if the public hearing was held before the Planning & Development Board meeting.  Mayor Cohen said it was held after.  Noting that the zoning was changed before the SEQR action, Dooley said it is all out of order and she is uncomfortable with the process.  Mayor Cohen said the City committee moved it to the public hearing.  The Common Council has not acted yet.  The rezoning will not affect the height of this parking structure.

Peter said discussion at IDA agreed the projects are closely linked.  Mike Lane said adoption of this resolution by BOR only moves it on to IDA for their consideration.  This is procedure so IDA can act.  Peter was willing to pass the resolution so the entire BOR could discuss the issue.  Resolution adopted by vote of 3:1 (Kiefer).

K Resolution:  Approval of the Issuance by the Tompkins County IDA of Up To $10,000,000 Civic Facility Revenue Bonds (CDP, Cornell, Inc. Project), Series 2003 [hotel]

Michael Stamm said this resolution is for the not-for-profit office space in the hotel/office project location, the portion that will be owned by a newly formed not-for-profit entity and occupied by Cornell staff.  A transcript is available from the public hearing.  Adopting this resolution would allow this matter to go to the BOR on 3/18 and IDA on 4/4.

Motion by Kathy, seconded by Peter.  Kathy asked for a brief summary of the public hearing.  Michael Stamm said there were positive comments regarding having Cornell University offices downtown, and concern from Tom Pine about use of the eminent domain law.  Some issues raised at the public hearing have already been addressed.  Ed Marx asked if the 20,000 square foot conference center is to be included as it is referenced in the resolution but the feasibility study did not appear to support its development.  Michael Stamm said he assumed it would be downsized.  The feasibility study did not justify a publicly supported conference center, but it may be developed privately.  Kevin McLaughlin said the conference center could be part of the tax exempt bond issue.  Michael Stamm said they wish to retain flexibility.  Tax exempt bonds can only be used for construction of the not-for-profit section of the building.  The space would still pay property taxes.  Nancy Schuler asked if any of the space would be used for teaching.  Michael Stamm said no, it is for CU offices, including the development department.

Kathy voiced support for the project.  Peter said he supports this and is excited about the overall project, but is still concerned about the hotel having a negative economic impact.  He dislikes using tax abatements and public funding for parking.  Michael Stamm said it is important to have all the information for the IDA meeting on 4/4.  Mayor Cohen asked Peter to be more specific.  Peter wanted to examine the cost of the parking portion of Cayuga Green, and see parking revenue broken down by source.  Mayor Cohen said some are assumptions, and may not be as specific as Peter wants.  Mike Lane suggested setting up a meeting with Peter, and Michael Stamm suggested that information from that meeting be provided to all IDA members.  Mayor Cohen said the City can also provide information on the hotel.  The hotel is needed in order to have this office project, as they are integrally linked.  The feasibility studies for the hotel were not specific about taking room business from other hotels, but did show weekends when Ithaca hotels can’t meet demand and people rent rooms in Cortland and Elmira for Ithaca events.  This hotel would compete with the Statler, Marriott, and possibly Holiday Inn, but not cheaper accommodations.  Whether or not copies of the feasibility studies are available to IDA members is up to the entities that commissioned the studies.

Peter said it gets to the root of the density policy to have this discussion because what we’re really talking about is giving tax abatements to a project within a district or letting it happen outside the district where we would be getting the full tax revenue.  He is having trouble with the public funds.  Mayor Cohen reiterated that the office part cannot be separated from the hotel project.  He will make sure Mr. Chiazza and Mr. Majeroni are prepared to discuss this at the IDA meeting.

Dooley asked why “(or will be)” is in the fourth Whereas clause.  Michael Stamm said that retains flexibility for bond counsel.  Dooley asked about the unspecified acreage in the third Whereas clause, and Michael Stamm estimated it is about .5 acre.  The exact acreage will be inserted before the resolution is acted on by the BOR.  Dooley mentioned that on page 2, IDA proceeded to hold the public hearing before the City’s SEQR work was completed.  She said that is the wrong order.  On the second page, the first whole Whereas clause indicates that the BOR will hold a public hearing considering the issuance of the bonds and the nature and location of the facility.  This says to her that the Board and this committee are supposed to be considering not just this one section, but the nature of the project itself.  She found it confusing, since they state the hotel and office space are separate entities, but share space.  Michael Stamm said this action is in line with the purpose of the IDA, and bringing this resolution to PDEQ is part of the checks and balances of their relationship with the BOR.  Dooley commented that IDA is acting outside their original “industrial development” area and has been dealing with commercial and retail development, and this may be an unwise shift.  She asked who holds the bonds, and Michael Stamm said the purchasers.

Mayor Cohen said the physical structure will have office space on the bottom, with hotel space on the top, and they will have separate entrances.  This is different from the financial structure.  This portion of the financing is tax exempt because of the tenant being Cornell University.  While the projects are integrated, the financing can be separate.

Ed Marx asked if the structure of the hotel financing package will be ready before IDA votes on this bond issue.  Michael Stamm said it is still not clear about bank financing.  Sometimes banks won’t proceed until bonds are approved.  Ed noted IDA is still not informed regarding the identity of the hotel operator.

The resolution passed by a vote of 3:1 (Kiefer).

L Resolution:  Approval of the Issuance by the Tompkins County IDA of Up To $20,000,000 Continuing Care Retirement Community Revenue Bonds (Kendal at Ithaca, Inc. Project), Series 2003

Michael Stamm noted this is a refinance effort.  The public hearing is not scheduled yet, so this will go to BOR and IDA after the other two bond actions.  The public hearing must precede the BOR action.

Peter moved the resolution, and Dooley seconded.  Kathy suggested mentioning the savings in an explanation at the end of the resolution, which will be approximately $218,000 in the first year.  Dooley suggested adding “Refinancing” to the title.  Dooley mentioned she hopes the IDA policy re SEQR is clarified soon.  The Type II-20 is from County Attorney Jonathan Wood and bond counsel, and although that designation is appropriate for refinancing, she disagrees with the automatic use for the other projects.

The resolution passed by a vote of 4:0.

Michael Stamm quickly reviewed the Tompkins County Area Development report on activities that was distributed with the agenda.  TCAD has had no new contact from the Holiday Inn since they discussed the need for a feasibility study.  The governor withdrew his plan for local governments to pay part of the Empire Zone benefits.  Dooley asked what the DaVinci Project was, as mentioned in the report.  Michael Stamm said it began in Syracuse for employers to attract high end managers and engineers into the region.  Kathy asked if anyone has left Axiohm yet.  Michael speculated some would leave soon.

Michael Stamm passed out the Economic Development Strategy 2002 Progress Report.  This committee will discuss the document with Martha Armstrong at a future meeting.

Steve Nicholson had to leave, but wanted to distribute some materials to committee members for discussion of committee goals.  He handed out information about burn barrels and the need for banning them.  He also handed out results of a survey Environmental Management Council members did to rank issues.

VI Appointments

S Appointments: Strategic Tourism Planning Board
Soil & Water Conservation District

Mike Lane wanted to address this because Kathy would need to leave at 4:00.  Both appointments were moved by Dooley and seconded by Kathy.  Approved by vote of 4:0 were Dan Carey to SWCD and Jamie Grady to STPB.

IV Planning Department

M Resolution:  Decrease in Hours of Position – Planning Department

Motion by Peter to adopt the resolution, seconded by Dooley.  Dooley asked if there was an effort to make everyone’s hours 35 per week, and Ed said no.  This staff person wishes to work 35 hours per week, and leaving the job title at 40 hours per week affects the full years in service for retirement.  Joan Jurkowich said that was the principal reason for the change.  Dooley requested that the job title be placed in the resolution name.

Resolution adopted by vote of 4:0.

N Resolution:  Authorizing Multi-Year Planning Technical Assistance Agreements

Moved by Kathy, seconded by Dooley.  Ed said the first Whereas clause has a commitment on the part of the County to provide services to its constituents.  This contract plan was part of the Planning Department’s 3-year budget scenario, as submitted last year.  Staff wants to aggressively pursue contracts at this time.  Dooley said she supports this, but questioned wording in the second Resolved clause.  Ed said they were trying to express the municipal cost share.  Joan said there are four factors: taxable assessed value, population, population change, and an even fee across the board.  Ed said they were trying to include intent, but not define a formula.  They also wanted to be able to tweak it in order to reach agreements with different municipalities.  They are trying to get income to cover 50% of cost of a staff position.  Payment by municipalities guarantees level of services, not actual quantity.  Dooley would like that Resolved clause to be clearer.

Dooley also questioned the final Resolved, about having the County Administrator execute contracts, since in other parts of County government such as Solid Waste or Health it is the department or division head who does them.  Ed and Joan said this is the normal process for TCPD contracts.  Peter asked if the BOR had to cut staff, could the contracts still be maintained.  Ed said there comes a point where they need to decide whether to cut or squeeze programs.  Departments have already been squeezed to bare bones.  He would like this evaluated now, before we go out and sell it.  This is a longrange approach, it’s important and sensible, and offers services to other governments.

Mike asked what TCPD could do without if there is a need for cuts.  Ed said there might be a  rationale for looking at this program.  Tim Joseph has been promoting the concept that those who control programs should fund them.

Kathy said she thought this resolution supporting multi-year technical assistance was good.  Discussion last year seemed to have fears about the Vital Communities Initiative, and competing municipal interests.  This provides a foundation to form bonds with municipalities.  Mike said the BOR is seldom able to make such a decision of commitment.  The department might still end up with a cut.  Joan said TCPD doesn’t want to develop agreements with municipalities that won’t hold up.  Dooley felt it was well worded except the resolved clause she previously mentioned.

Ed said the next-to-last Resolved has a kind of escape clause, in mentioning three-year contracts.  Offering planning services is good for the entire county, and we should be doing this.  Dooley agreed.

Peter said towns are getting sales tax increases.  He suggested approaching the Municipal Officials Association about getting sales tax revenues for this.  Ed said it was possible for BOR and TCPD to approach this jointly.  He would like BOR to discuss and pass this resolution before staff discusses it with municipalities.  Joan noted that if the resolution did not pass, it would not end the program.  It would continue under current parameters.  Ed said it would require the department to rethink the three-year budget plan.

The resolution was withdrawn for future discussion.

O Resolution:  Approval of Bylaws of the Tompkins County Planning Advisory Board

Motion by Dooley, seconded by Peter, and passed 4:0.

Kathy left at 4:07 PM.

P Commissioner’s Report

Comprehensive Plan – Ed Marx distributed an Issues List that is being reviewed by the Planning Advisory Board.  He invited members to let him or Joan know if they think of anything that is missing.  Dooley suggested adding cable TV as a utility example.

SEQR Procedures – The IDA subcommittee met and talked about types of issues faced by IDA regarding SEQR.  One example of an odd situation was the Downtown Development Project, where IDA was not identified as an involved agency by the City, and so was not in the SEQR process.  When the IDA SEQR policy is set, he will bring the County policy back to this committee.

Work Program – This was passed out and will be discussed at a future meeting.

V Committee Goals

Mike asked committee members if they thought this group needs to meet twice a month.  Peter and Dooley both would prefer to meet one time a month for three hours.  Mike suggested a special meeting for discussion of the TCPD Work Program and committee goals.  Kathy Wilsea will check with Kathy Herrera and Dan Winch about their availability on March 17.

VII Adjournment

The meeting was adjourned at 4:15 PM.
 
 

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