Action Recommendations
The following outlines the recommendations of the Downeast Development Consulting Group based on our analysis of the economy, the resulting future growth projections and potential impacts, our stakeholder consultation and the conclusions we have drawn in the previous section. The recommendations are organized in terms of those directed at New York City in relation to amending elements of the Land Acquisition Program, the State and Federal governments in terms of reacting to the findings of our Report and Delaware County in terms of strengthening its partnership with NYC, planning for the future and mobilizing for further action over the short to medium term.
Amendments to the Land Acquisition Program
Our recommendations regarding amendments to the LAP focus on economic impacts, property values and their inflationary impact as well as associated tax implications.
Economic Impacts
· NYC should allow for the same access and historical usage of Priority 2, 3 & 4 designated lands acquired through the LAP (in fee land acquisition) as New York State land, without permit requirements.
· NYC should expand the pilot boating program to other reservoirs.
· NYC should work to actively promote and increase agricultural, timber and quarrying activities on their lands, revising existing guidelines and regulations if necessary, in instances where such use of the land will not have a significant or non-mitigatible impact upon water quality.
· NYC should require WAC to complete not only a Whole Farm Plan, but a farm business plan prior to entering into an agricultural easement to ensure the long-term viability of an operational agricultural venture.
· NYC should amend the agricultural easement program to operate on a farmland affordability basis (i.e. the farm easement is acquired at market price, less the agricultural value, with the requirement that the property can then only be sold at Ag value to another farmer).
· NYC should allow for permanent utility easements across acquired and eased lands where such utility easement will not impact water quality.
· NYC should focus acquisitions on lands that will provide the highest level of protection to the water supply, avoiding the acquisition of lands where potential impacts can be readily mitigated and prohibit the acquisition of lands within or in close proximity to hamlets and villages.
· Acquisitions in fee or through easements should be subject to local planning board review regarding potential impacts upon local comprehensive and economic development plans.
· NYC should fund a comprehensive economic impact analysis to fully understand the effectiveness of the agriculture easements program, on retaining farms.
Inflationary Impact on Property Values
· NYC should establish as an acquisition criteria, a requirement regarding the minimum duration of ownership (i.e. in order to be eligible for purchase or an agricultural or conservation easement , the land must be owned by the seller for minimum of five years) except transitioning from farmer to farmer.
· NYC and the State should jointly fund affordable housing initiatives in and around villages and hamlets.
Tax Implications
· NYC should fully fund the Tax Consulting Fund at the Catskill Watershed Corporation commensurate to the size of the new land acquisition program.
· Outparcels that are created as a condition of easement acquisition should be subject to local planning board approval to comply with local regulations to ensure the outparcel is buildable.
Recommendations for New York State
· NYSDOH/EPA should grant NYC authorization and a waiver from FAD requirements to enable a suspension of acquisition and easement activity until issues raised in this analysis can be adequately addressed.
· NYS should include the legitimate concerns raised through this analysis in the scoping process of SEQR in regards to NYC’s upcoming Land Acquisition Permit application and require NYC to undertake the recommendations outlined above as mitigation measures under SEQRA.
· NYS should develop an annual reporting program to measure impacts upon the local economy, inflationary impact on land values, tax implications, community character and other items, similar to the monitoring performed regarding the New Jersey Pine Barrens program, to monitor the impacts of the land acquisition program on Delaware County.
· NYS should work with watershed communities to modernize the assessment process and develop new assessment classifications to enable the development of a water quality lands classification for lands acquired under the LAP that will adequately account for their value in protecting the water supply of NYC.
· NYS should prioritize funding for the Delaware County Smart Growth Comprehensive Development Plan, as outlined later in this section.
· NYS should fund affordable housing initiatives in and around the villages and hamlets of Delaware County.
· The Delaware County Action Plan serves as a potential model on how to address existing and future challenges through partnerships. The Delaware County Action Plan (DCAP) should be fully recognized within the FAD.
· The West of Hudson Technical Advisory Group (TAG) is a resource of professional and technical staff that work daily on watershed issues and should be a recognized within the FAD as a technical, planning and programmatic resource to the City on watershed issues.
Recommendations for EPA/NYSDOH
· EPA/NYSDOH should grant NYC a temporary authorization and a waiver from FAD requirements to enable a suspension of acquisition and easement activity until issues raised in this analysis can be adequately addressed.
· EPA/NYSDOH should conduct a scientifically based cost benefit analysis of land acquisition versus watershed protection programs in regards to their impact upon on water quality and the host communities.
Strengthening the Partnership
The Partnership has been impaired by the latest FAD process and the apparent unilateral State decision to greatly expand land acquisition activity over the next ten years. New leadership at the NYCDEP offers the prospect of turning a new page in the relationship and going forward in a more positive, constructive manner. We recommend Delaware County take the following action to exhibit leadership in this critical area and demonstrate their commitment to the Partnership:
· Public acknowledgement, when and where appropriate, of the City’s investment in local infrastructure, small business support via the CWC, good quality employment and career opportunities for current and future residents;
· Re-positioning and marketing of Delaware County as an environmentally sustainable community that also happens to be home to the world’s largest unfiltered water supply;
· On-going communication with NYCDEP to determine areas to expand common interest. The recent negotiations between the CWT, Delaware County and the NYCDEP pertaining to the LAP have fostered an improved working relationship between the partners. Beyond these negotiations the establishment of protocols and or forums to extend ongoing communications on critical issues would serve the interests of all involved parties.
· Identifying opportunities to showcase Delaware County as a global leader in integrating economic development, community planning and growth with environmental stewardship and water quality protection principles.
· Voluntary solutions to problems should be sought that engage critical watershed partners in a process and promote the ultimate buy-in of the solutions generated by the group. Forums at which open dialogue is enabled reduce miscommunication over issues that are often times not as problematic as multiple parties perceive. Concerns over land acquisition program could be resolved in the same manner. Successful process models for consideration include :
· The effort to pilot a boating program on the Cannonsville Reservoir.
· A highly notable process to be emulated is the Stream Corridor Program.
· Bi-lateral inclusion in all aspects of the proposed planning efforts recommended below.
Planning for the Future
Our analysis and projections suggest potential direct and indirect impacts in the future stemming from NYC’s land acquisition activities. Delaware County requires a clear strategy and action plan to ensure senior levels of government are presented with both the impact evidence of this Economic Impact Assessment Report and a broad-based Comprehensive Development Plan outlining an approach to future development within Delaware County that seeks to achieve the MOA’s original objective of ensuring watershed protection and preservation of economic vitality and community well-being.
New York State’s Smart Growth Initiative for revitalizing the Upstate Region should be fully tapped and utilized in the development of such a plan. Other sources of assistance may be the Appalachian Regional Commission, the Southern Tier Regional Development Planning Board, New York City and the Catskill Watershed Corporation. The proposed Delaware County Smart Growth Comprehensive Development Plan would consist of the following key components:
Land Use Plan
· Building collaboration with regard to the integration and utilization of County Land Use Planning instruments by NYCDEP in implementing their watershed protection programs to avoid conflicts with officially adopted plans.
· Compilation of all current Town-level Land Use Plans into a County Land Use Master Plan;
· Identification of all land uses and designations important to Delaware County’s continued “economic vitality” such as the recently revised Hamlet Designations, Agricultural Lands, Forestry and Mining Land Use classifications as well as Tourism and Recreation Resources;
· Identification and designation of all lands vital to the preservation of water quality based on relevant science regardless of current ownership; and,
· Identification and designation of all lands suitable for future residential and commercial/industrial development within the revised Hamlet Designation Areas as well as other available land resources outside the watershed boundary, regardless of current ownership.
Economic Development Strategies
· Engage watershed partners in the development of a Sector Strategy focused on key areas of the economy such as Natural Resources, Tourism, Manufacturing and Small Business which are grounded in the above-noted Land Use Plan;
· Partner with NYC in the development of a People Development Strategy including initiatives to enhance and stabilize the current workforce and grow the County’s population base through increased in-migration or immigration and youth retention and attraction activities;
· Identification of lands for future business park development in tandem with the above land use planning component and the creation of a Business Parks Development Plan based on eco-industrial and “green” economy concepts (i.e. high-quality, campus-like environments employing environmentally sustainable development principles and new building standards such as LEED certified facilities) to re-position the County’s development efforts in a manner that turns its existing infrastructure, clean environment and stringent watershed regulations to its advantage; and,
· Utilization and expansion of the County’s current Business Retention and Expansion program to identify specific growth opportunities within the existing economic base.
Community Development
· Engage watershed partners in Creating a Community Development Plan focused on addressing and improving the range of social issues both County Officials and residents has raised over the course of the assignment;
· Complete detailed assessments of County Population, Affordable Housing, Education and School Enrolment, Health and Seniors Issues, Social Services and Volunteerism to identify key areas of concern and develop goals and action items to stabilize and improve these elements of community life.
Stakeholder and Community Consultation
· The development of the Delaware County Smart Growth Comprehensive Development Plan should engage as wide a segment of the local population and key organizational stakeholders as possible. Consultation activities and benchmarks should be applied as an important component of the planning process to encourage strong buy-in and support at multiple levels throughout the County and beyond. Ultimately, the broader community must own and support the Plan.
· Completion of a Community Survey of residents to further explore socio-economic issues, validate or challenge findings of the Impact Study and identify the issues which are most relevant to include in the County’s intervention in the pending Scoping exercise the NYSDEC will undertake in response to New York City’s application for a new Land Acquisition Permit in 2010. The survey should be completed in advance of the Smart Growth Plan and its results used to inform the terms of reference developed to guide the Plan’s development in addition to being utilized in the planning activity itself.
Organizing for Action
Delaware County must organize for action. The consultation activities undertaken as part of the project clearly indicate a broad base of stakeholder and community support for the County’s efforts to address the New York City relationship generally and the expanded Land Acquisition Program in particular.
The opportunity exists to mobilize this support through the development of the Smart Growth Plan. While considerable effort and resources have been applied to “reacting” to New York City and the activities of their Department of Environmental Protection, the consultation activities, research, projections and potential impacts compiled in the course of the Report set the stage to engage a range of organizations and individuals throughout Delaware County. We recommend the following to initiate this process:
· Formation of a Smart Growth Task Team delegated with the responsibility of developing the Comprehensive Development Plan that includes representation from Delaware County Departments, the Delaware County Chamber of Commerce, SUNYS Delhi, Cornell Extension, Delaware County Soil and Water Conservation District, Watershed Agricultural Council, Catskill Watershed Corporation, Delaware Tourism, NYC DEP, Health and Education stakeholders as well as other sector organizations as appropriate. Establish the Team Mandate to complete the Comprehensive Plan not focus on the land acquisition issue specifically;
· Undertake a Public Relations Campaign to communicate the results of the Economic Impact Assessment Report and launch the wider Smart Growth planning process aimed at local residents, organizations, the business community and government officials and elected representatives at the local, City, State and Federal levels.
In addition to organizing to undertake the recommended planning activities, Delaware County must prepare for the Scoping exercise required under the SEQRA Act that NYSDEC must undertake in response to NYC’s land acquisition program permit in 2010. The following is recommended to ensure this is achieved within the available time frame:
· Presentation of the Report’s conclusions and recommendations to the NYS Department of Health, NYS DEC, the USEPA, NYCDEP and other relevant parties upon its completion and acceptance by the Board of Supervisors;
· Completion of the Smart Growth Plan by December 31, 2009. This is critical as the designation of lands for future residential, commercial and natural resource development must be formally designated within the Plan in advance of the scoping action under SEQRA;
· Formal notification should be given to the NYSDEC that Delaware County considers the Land Acquisition Program a Type I Action under SEQRA. Given that the Act’s definition of “Environment” includes resources of agricultural and historic significance, changes in demographics and community character, DEC is required to request an Environmental Impact Statement (EIS) from the New York City DEP in which these additional aspects of the “Environment” must also be addressed. The EIS, by its definition, requires the City to address these other environmental factors and identify measures to mitigate any impacts; and,
· Commence a process of negotiations with NYCDEP to define acceptable mitigation measures well in advance of their application to NYSDEC for the new permit.