Minutes
Planning, Development & Environmental Quality Committee
Tompkins County Legislature
Regular Meeting
April 7, 2004     2:30 PM     Heyman Conference Room
Members Present:      Kathy Luz Herrera (chair), Mike Lane, Leslyn McBean-Clairborne, Frank Proto

Members Excused:      Dick Booth

Other Legislators Present:  Dooley Kiefer

Staff:            Kate Hackett, TCPD; Jackie Kippola, T C Administration; Joan Jurkowich, TCPD; Ed Marx, Planning Commissioner; Kathy Wilsea, TCPD

Guests    :        Carol Kamen, STPB; Paul Tatar, STPB; Debbie Teeter, Cooperative Extension; Scott Wiggins, STPB; Andy Zepp, Finger Lakes Land Trust

I    Administration

A    Call to Order – Chair Kathy Luz Herrera called the meeting to order at 2:34 PM.

B    Changes to the Agenda – There were no changes to the agenda.

C    Approval of Minutes – Mike Lane made a motion to approve the draft minutes, which was seconded by Frank Proto.  Changes were suggested by Dooley Kiefer.  Amended minutes were approved by unanimous vote.

D    Announcements – Kathy passed around a notice she received from Rick Manning about walkable communities and the link of the Summit Trail in the Town of Ithaca.

E    Committee Goals – Kathy said she received some comments from Barbara Blanchard about the draft committee goals included in the agenda pack.  Barbara pointed out that IDA/TCAD is not technically an advisory board to the Legislature.  Also, on 4/20 the full Legislature will have a presentation on TCAT which will provide some information on the TCAT goal.  On the burn barrels item, which was carried over from last year, “support” was changed to “review”.  Dooley questioned whether that should be county-wide or state-wide.

In the item about reviewing businesses that received tax abatements, reference to job creation was expanded to read “and retention”.  Frank pointed out we are looking for jobs within the livable wage zone.  Mike said IDA will be on a future agenda for a job creation report.  Leslyn McBean-Clairborne would like a presentation at a future meeting by Michael Stamm and Barbara Blanchard to help with the “define and address inadequate performance” aspect.

Leslyn gave further explanation of the goal that she had proposed, “Examine economic development of waterways”.  She said we don’t use our waterways enough, and they can be used to bring tourists.  The Asian American Association is proposing dragon boat races on the Inlet, and she supports such community functions.

In infrastructure, “Seek” was changed to “Explore” for development of water system for southern part of county. 

II    Ag & Farmland Protection Board

F    AFPB / PAB recommended changes to Ag District 1 – Debbie Teeter was present with information about recommendations for change.  She circulated lists of the parcels that comprise the recommendations, and displayed two sets of maps to clarify the issues.  She said an Agriculture District is a State farmland protection tool.  The “Right to Farm” protects farmers against nuisance lawsuits and municipal ordinances that would unreasonably restrict farming.  Municipal water would be limited to existing hookups.

The common recommendations made by both boards were reviewed for the towns of Ithaca, Dryden, and Lansing.  Debbie noted Tompkins County has a history of honoring owner requests about inclusion in/exclusion from the ag districts.  Removals can only be made in this eight-year review cycle, and Debbie was contacted last week with a new request for removal.  She is trying to find that property owner a tenant farmer.  Debbie said property owners must farm actively in order to get the tax rate.  Discussion at the Planning Advisory Board centered on the area in the Town of Lansing south of Peruville Road and west of Town Line Road. 

At the beginning of the review cycle, Cooperative Extension staff met with the planning boards of the towns in Ag District 1.  Letters were mailed to property owners.  Default of contact letter to owners of farmland would be that the property would remain in the ag district.  Default of the contact letter to owners of residential property would be that the property would be taken out of the ag district.  The area near the intersection of Peruville Road and Town Line Road became a target for examination and comment at the Planning Advisory Board.  AFPB had suggested keeping non-ag property where property owners did not respond in the ag district. 

A PAB member was aware that some of the neighbors in the area under discussion have petitioned for water service, and PAB suggested leaving only the active farmland in the ag district.  Since the PAB meeting, Debbie has been phoning landowners, and has found the area to be in transition.  Some are long term property owners, some are new but interested in farming, and some are sitting and waiting to watch development trends.  Joan Jurkowich said the concern of the PAB was about a possible water district.  If land is vacant, it will not be allowed to tie into a water district.  PAB felt many owners are unaware of their options for water, and removal from the district would benefit those persons.  The ag tax rate is not tied to presence in the ag district.  Mike said presence of the ag district also impacts the right of the municipality to charge owners for water installation. 

Frank pointed out that AFPB recommendations come from a board that is established by State law.  Ed said PAB is also defined by State law and the County Charter.  Frank said if the major concern of PAB is water district options, that needs to be clear in the record.  Ed said the PAB suggestions were based on two aspects:  that the methodology for default on the contact letters was applied differently, and that the area clearly lacked consistency.  Frank said total acreage is part of the concern when the recommendations are examined by NYS for finalization.  Debbie said the percentage of farmland within the ag zone is clearly over 51%, so that is safe.  Removal of the Town of Lansing land in order to follow the recommendation of PAB recognizes the growth in the area and works with the Town of Lansing Comprehensive Plan.  Superior soils are located north of the area under discussion.  Frank said AFPB has not met since PAB suggested changes, but he felt they would support PAB. 

G    Resolution:  To Approve Continuation and Revisions to Agricultural District No. 1 – Frank made a motion to adopt the resolution with AFPB recommendations and revisions of PAB with the proviso that AFPB be informed of these changes, and removal of the Barnard property (request received by Debbie Teeter last week).  Total acreage removed: 1342.26.  Total acreage added:  95.67.  The motion was seconded by Leslyn and passed unanimously.

H    Additional Information on Farmland PDR Grant Administration – Ed Marx pointed out that information was provided with the agenda in the form of a memo from him and a letter from Andy Zepp.  Andy provided some background, saying NYS awarded 16 grants this year totaling $12 million.  In Cortland County, their IDA holds the rights, but that will probably change. In all but one other case, the easement will be held by a nonprofit organization.  NYS Ag & Markets needs to approve terms of the easement, and any changes would involve Ag & Markets, too.  FLLT is currently holding 43 easements, several of which are working farms.

Mike asked for confirmation that the municipality cannot hold this easement.  Ed said the County can.  Mike said he thinks since taxpayer money is used to purchase the rights, they should be held by a municipality with an elected board.  Andy said this is a specialized program that involves staff and skills, both of which are available at the Land Trust.  Mike said it would be OK with him for FLLT to administer the trust.  Andy said holding it and administering it are analogous under NYS law.

Frank asked who selects the terms of the agreement.  Andy said it is done by Ag & Markets, FLLT, and the property owner.  The County could participate, too.  Mike said if the owner begins acting contrary to the easement, it seems a municipality would be in a better position to sue for compliance.  Actions that might occur in violation of the agreement are logging, leasing to a non-ag tenant, and erecting structures.  Mike said he feels a municipality should be able to review an easement in the future for control and enforcement.  Kathy said the Land Trust might be more consistent in their stewardship.  Mike pointed out that could also be construed as less flexible.  Andy said Ag & Markets has flexibility.  The owner can consult and change farm buildings, for example.  In terms of enforcement, FLLT has two law firms that represent them, and $50,000 reserved for legal defense.  They are prepared to enforce violations.  Otherwise, they would be misrepresenting their mission to donors.  There are provisions in their bylaws in the event they cease to exist. 

Ed sought agreement on this issue so a resolution could be drafted for the May PDEQ meeting.  He pointed out that the Land Trust exists for this purpose. The County does not have staff resources to administer this easement, and a municipality might face future staff cuts, too.  Andy said Ag & Markets has final say in future adjustments.  Ed said if we can’t negotiate this to meet the requirements of Ag & Markets there may be a need to rewrite the application, and timing is important right now.  Frank said AFPB discussion did not involve the points raised by Mike.  While the Unique Natural Area on the farm has no legal restriction, it did ratchet up the recognition from the State in the application process.  Andy agreed, saying it appealed to the state review board and helped compete for the funding.  Andy invited contact from committee members so he can answer any questions they have. 

III    Planning Department

I    Comprehensive Plan Update & Schedule for Public Meetings & Open Houses—Joan Jurkowich said the first Open House was held in Danby on 4/5, and staff was pleased with the participation.  Displays are going up throughout the County, and the draft plan will be available on the website in a few weeks.  These meetings in the municipalities are to seek comments and reactions.  In response to a question from Mike, Ed said the Transportation section is being done by ITCTC.  The Transportation segment an be a future PDEQ agenda item.  Fernando deAragon said the ITCTC website has a draft, and a public meeting is coming up.

J    Commissioner’s Report – Ed said staff has conducted Comp Plan meetings with DEC / NYS Parks, who are supportive of our efforts.  They raised issues regarding parks, forests, and water quality.  DEC told him the forests in Tompkins County have the highest use in Region 7.  State Parks are feeling pressure from nearby development.  Staff also met with planners from adjacent counties, who were very enthusiastic.  All of our neighboring counties have commuters who come to Tompkins County jobs, and they shared concerns about adjacent ag lands, transit issues, forest management, and affordable housing.  They voiced an interest in meeting annually.  Ed is working with the NYS Department of Transportation out of Syracuse on a review of functional classes of roads being examined for change to rural major collectors.  The DOT site relocation is moving forward, as the Town of Dryden approved the annexation petition recently.  Next steps include continuing discussions with the City of Ithaca on tax sharing, and drafting a memorandum of understanding.  Ed is attending meetings of the intermunicipal highway group.  He went to the airport meeting held for three Legislative committees last week, and a charge is being drafted for the task force.  On the issue of trails, Maurice Hinchey announced today that the Federal Transportation Bill is providing $1.2 million for Phase II of the Waterfront Trail and $500,000 for the Southhill/Buttermilk trail so the Bridge to Nowhere will connect to the Southhill Trail.  Sherwood Boehlert’s office announced $4 million for the Peruville Road, although actual plans are unclear yet.  Frank asked to be kept informed of any new discussion with DEC and/or State Parks.

K    Aquifer Funding Discussion – Kate Hackett reported that she has been working with USGS and the towns of Caroline and Dryden on contracting and numbers.  Both of these situations would be joint funding agreements with USGS.  The municipalities would contract separately with USGS for aspects not covered by the other agreement.  Tompkins County’s capital program was funded with $50,000 in 2003 and $77,225 in the subsequent 19 years.  The County’s contribution is 35% of the total cost, and the agreement locks in federal funds for 30% of the studies.

Kate passed out spreadsheets.  She noted the towns have requested some of the County funds be dedicated to drilling costs.  This financial help will allow Caroline to accelerate their current study program.  She did not have information about Caroline’s application to Cornell University for additional funds, and that will not affect the agreements she is working on.

The Town and Village of Groton will be the next areas for discussion.  A memorandum of agreement is being developed with USGS for future studies.  This will lock in federal funds, but be contingent upon municipal participation.  The inflation adjustment will be 4.5% per year, but Ed Bugliosi of USGS has told Kate that if this precludes future studies, it would be a point for negotiation.

IV    Ithaca-Tompkins County Transportation Council

L    Resolution:  Affirming ITCTC Recommendation to Increase the ITCTC Staff Director’s Salary – The resolution was moved by Mike and seconded by Leslyn.  Fernando deAragon reported that the Council sets the salary and has a procedure for this salary recommendation.  Adopted by vote of 3:0 (Frank absent at this point).

M    Resolution:  Appropriation of 2004-2005 Budgets for the ITCTC – The resolution was moved by Mike, seconded by Leslyn and passed 4:0.

V    Strategic Tourism Planning Board

Jackie Kippola introduced Carol Kamen, Chair of the Celebrations Grants Committee; Scott Wiggins, STPB Chair; and Paul Tatar, Chair of the Tourism Development Grants Committee.  

N    Resolution:  Award of Tourism Development Grants -- Paul Tatar provided a review of the purpose of the Tourism Development Grants and the current applications.  This type of grant has two priorities:  trying to “put heads in beds” and filling hotels during soft periods of tourism.  This is a reinvestment of tax dollars with the intent to start projects.  Frank commented on the bike event, and suggested that STPB ask the event organizers to provide ideas for minimizing impacts on auto traffic.  Paul said this is similar to the Tour de France, and riders travel with a companion vehicle.  Leslyn asked how Holidays Around the World differs from last year.  Jackie said they were so successful last year they ran out of “passports”. 

Mike asked if the Ithaca Festival can survive without the grant they applied for.  Paul said the committee was confident they will continue to be successful, and they fill few hotel rooms.  He pointed out that the guidelines are specific that this grant series is not here to sustain an event.  The history brochure for the Waterfront Trail was denied because it would be an item for people to pick up on the trail, not something that brings tourists to our area.  The Chamber of Commerce Foundation is a separate entity from the Chamber of Commerce, and Jackie has not-for-profit tax information on file. 

The resolution was moved by Leslyn, seconded by Frank, and passed by vote of 4:0.  There was discussion on changing the grant categories and guidelines, which will be addressed later in the year.

O    Resolution:  Award of Community Celebrations Grants -- Carol Kamen provided background on the applications for this grant round.  One new problem the review committee is encountering is that they are seeing larger projects and feel a need to redefine “community”.  This grant round also left money in the fund, so they will have a fall round, too.  They plan to publicize it outside the City of Ithaca and encourage history and a sense of community.

The resolution was moved by Leslyn, seconded by Frank, and passed by vote of 4:0.  Kathy mentioned the dragon boat races that are being planned by the Asian American community.  Jackie will add their contact to her mailing list.  Leslyn asked if there is a need to add more funds to the fall Celebrations grant round, but Jackie said there probably will be adequate funds because the room tax revenue has been running higher than predicted.

Mike announced that on 4/19 the Dryden Historical Society is providing a history of TC3 at the Village Hall.  Leslyn announced that St. James AME Zion Church will be celebrating their 170th anniversary this year.  Carol Kamen said she is trying to get St. James registered on the Underground Railroad Trail.

P    Appointment -- Jackie said Richard Adie was interviewed as part of the selection process and chosen from the four applicants.  He has background in destination marketing.  Appointment moved by Frank, seconded by Leslyn, and passed by vote of 4:0.

VI    Adjournment

The meeting was adjourned at 4:46 PM.

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