MINUTES
PLANNING, DEVELOPMENT & ENVIRONMENTAL QUALITY
COMMITTEE
(Tompkins County Legislature)
REGULAR MEETING
January 7, 2004 2:00
PM Heyman Conference Room
Members Present: Dooley Kiefer, Mike Lane, Peter Penniman, Dan Winch
Members Excused: Kathy Luz Herrera
Staff: Fernando deAragon,
ITCTC; Kate Hackett, TCPD; Joan Jurkowich, TCPD; Ed Marx, Planning Commissioner;
Wendy Skinner, TC Public Information; Kathy Wilsea, TCPD
Guests: Rick Manning,
Northeast Greenways; Craig Schutt, Soil & Water Conservation District
I Administration
A Call to Order
Chair Mike Lane called the meeting to order at 2:02 PM.
B Changes to the Agenda
Dooley asked to include followup to the December discussion on personal watercraft
regulations, which will be added in Announcements. Kathy Wilsea asked
for inclusion of an appointment to the Ag & Farmland Protection Board,
which will be added at the end of the meeting.
C Approval of Minutes
As Dooley did not receive a copy of the draft minutes with her agenda, this was postponed until the next meeting.
D Announcements
Dooley said Cathy Valentino, Supervisor of the Town of Ithaca, has had some
press coverage lately about personal watercraft regulations being developed
in the Town. Dooley expressed concern that Cathy was not at the PDEQ
meeting in December, and is not up-to-date on status. Dooley announced
that Erie County has passed the Neighbor Notification Law. She pointed
out that there was an article January 1st in the Ithaca Journal about hormones
reaching water supplies, and that was one item in the never-published EMC
op-ed article.
Mike said a citizen spoke at the legislature about the Cornell University
incinerator-replacement project for animal waste, and asked for Dooley’s
comments. Dooley said CU has chosen an alternative that reduces waste
to a soupy liquid through exposure to NaOH at high temperature and pressure.
Staff of Ithaca Area Wastewater Treatment Plant has been involved in testing
the feasibility of treating the effluents at the Ithaca Area Wastewater Treatment
Plant, and they are of the opinion the liquid can go through their processes,
but can’t run any final tests yet as there is no actual residue. Dan
is trying to obtain the name of a contact at Cornell for the citizen.
Dooley said the contact is Paul Jennette, the CSM biosafety engineer.
Mike asked if committee members all received a copy of the memo from Jonathan
Wood about jurisdiction of courts for personal watercraft regulations.
Jonathan is of the opinion they can be prosecuted in any jurisdiction, and
to Mike this means we don’t need a County-wide law. He said he expects
it would be similar to traffic cases, and municipalities only receive part
of the fines ($10) for traffic cases, so it would not be a financial plus
for municipalities to gather PWC fines. Dooley said she will be talking
with Cathy Valentino about the PWC regulations, but thought from comments
to the press that Cathy feels the Town of Lansing law is a good place to
start. Dooley recalled that Doug McEver said at Water Resources Council
that the Town of Lansing could amend their law if the municipalities agreed
on more stringent regulations. Peter said he was sorry he missed the
PWC discussion, but he understands the equipment for determining speed and
location has become much more available and affordable in the past few years,
with the laser measuring equipment costing under $50.
II Water Resources Council
E Report on Council Configuration
Mike noted the Legislature tabled WRC appointments at their December 17th
meeting because Frank Proto said the bylaws require appointments for three-year
terms. Kate Hackett had put a chart on the white board that illustrated
membership for WRC under a proposal that was outlined in a memo distributed
by Ed Marx.
Craig Schutt said he has talked with DEC Region 7 staff member Scott Cook,
who is an ex-officio member of WRC, and Lois New of the Albany stormwater
funding staff. Craig expressed concern about not qualifying for funding
if WRC doesn’t reorganize, and Ms. New said that is not an issue. For
Water Quality Coordinating Committees in general, DEC suggests a core group
that includes EMC, Dept. of Health, SWCD, Cooperative Extension and NRCS.
WRC is Tompkins County’s WQCC. WRC will still qualify for water quality
mini grants, and municipalities can still apply for stormwater grants from
the Environmental Protection Fund. State staff are of the opinion that
Tompkins County is doing things right here, and has good participation from
a group with broad interests. She said there is no need to reconfigure
to qualify for funding.
Joan Jurkowich said the issue is not a need to reorganize WRC, but to reorganize
to qualify for stormwater management funding. Craig said the stormwater
money is from the Environmental Protection Fund. Ed said he understood
applications would be stronger if they showed intermunicipal coordination.
The Planning Department can’t staff a different group for each program, and
it would be more effective and efficient to have a group that has multiple
functions. Craig noted the prior configuration with municipal seats
didn’t work due to poor attendance.
Kate reviewed the points of the current proposal for change. WRC would
have an Intermunicipal Coordinating Committee and a Technical Advisory Committee,
which would have equal amounts of authority. ICC would have 11 voting
members, with nine representing municipalities, plus representatives from
the Cornell University Environmental Compliance Office and the Cayuga Lake
Watershed Intermunicipal Organization. The TAC would have 13 members,
with six voting members and seven non-voting members. TAC voting members
would represent: Cooperative Extension, TC Planning Dept., TC Environmental
Health, T C Soil & Water Conservation District, T C Dept. of Public Works,
and a not-for-profit/private water resources professional. TAC non-voting
members would include: DEC, NYS Dept. of Parks, Army Corps of Engineers,
US Fish & Wildlife Service, US Geologic Survey, US Natural Resources
Conservation Service, and Cayuga Lake Watershed Network. Dooley noted
there is no member of EMC; Kate said that could be considered.
ICC would continue the work of the Stormwater Group, and work with the Flood
Hazard Mitigation Program and stream corridor management. The groups
would meet in alternating months, plus two times per year together.
Kate said she thought the personal watercraft recommendations probably would
have been a TAC issue with coordination with ICC. Ed said it is his
opinion that under this organization the Aquifer Study Prioritization would
have flowed better and had municipal input. He said this idea is working
for ITCTC and the Municipal Officials Association’s Planning Coalition.
Craig said when WRC was composed of municipal appointments, many people were
not interested. There are municipalities that look to WRC and the County
for support rather than feeling they can send someone to contribute.
Ed said the bimonthly meeting structure can have good flow, and WRC needs
the municipal component. This proposal might not work, but is a model
for discussion. He said the Comprehensive Plan will recommend intermunicipal
cooperation and coordination, and TCPD is unable to keep adding staff responsibilities
under the current budget.
Dan Winch asked if all proposed seats are represented by current members,
and Kate said that is not the case. Peter asked if current members
will fit into new slots, and Kate said some do not match. Mike said
restructuring can’t be solved today, and he appreciated the presentation
and comments, and welcomes comments from WRC. Regarding the appointments,
Cathy Covert has discussed with Jonathan Wood the need to do three-year appointments,
and he felt that was appropriate under the bylaws. Any seats are subject
to termination under restructuring, and Mike supported making the appointments
today per the bylaws.
III Appointments
F Water Resources Council
Dan made a motion to appoint the slate of WRC as provided at the December
meeting, and Peter seconded it. Passed unanimously.
IV Recreational Trail Development in Tompkins County
G Report
Rick Manning was present to provide information on trail development.
Fernando deAragon was also present to contribute and answer questions about
government funding. Rick provided three handouts: a brochure
“We Need Your Help” for Phase 2 of the Cayuga Waterfront Trail, a brochure
sponsored by the Human Services Coalition entitled “Walk Through History”,
and notes he prepared before today’s meeting. Rick said Phase 1 of
the Cayuga Waterfront Trail is complete in Cass Park, and current efforts
focus on Phase 2, which is extending the trail to the Farmers Market.
Phase 3 will be the extension through Newman Golf Course and Stewart Park.
The Chamber of Commerce is very involved and enthusiastic. A Hike/Bike
Ithaca brochure is being developed, using tourism funds, which will be similar
to the “Walk Through History” one. He said it is easier to find funds
to build a recreation trail than to maintain and manage it, and he expects
an adopt-a-trail system to develop.
Status of the Black Diamond Trail was discussed. Rick worked on the
master plan three years ago, but gaps in property rights-of-way are holding
up completion of the program and adoption of the plan by NYS Parks.
He noted the Catherine Valley Trail is being done by the same consultant.
Sue Poelvoorde of the NYS Parks and Fernando deAragon think IsT funding is
still available. The Catherine Valley Trail had a volunteer attorney
working on rights-of-way, and they got their funding in 1999. The Black
Diamond trail could provide the connection to Buttermilk Falls State Park,
which would cross the inlet and use the “Bridge to Nowhere”. Rick would
like to get a group together to interact with Cornell University. He
feels the area by the inlet, which is used by CU for rowing competitions,
would benefit from seats and signs. CU is building a new rowing sport
facility, and Rick would like CU to be responsible for a trail along the
flood control channel. NYS Parks and the City of Ithaca have interest
in this, but it needs an advocate. Dan suggested contacting Cornell
Plantations, as they have a trail system also.
Rick has worked with the Genesee Transportation Council, which is the MPO
of the Rochester area (9 counties). GTC has inventoried corridors,
assessed them and provided weighting criteria. They only rate enhancement
projects. There is no waterfront component in the study report Rick
passed around, which is a feasibility study on specific obstacles and areas.
He noted GTC allocates 1% of their budget to trails development.
Fernando noted there is a 1876 (?) study of trails in Tompkins County, narrowed
to 6-8 trails countywide. Rick said working with the Chamber of Commerce
means low bureaucracy. C of C staff is dedicated and supports having
the Waterfront trail reach the Visitors Bureau, but an advocate is needed
for the county-wide aspect of the trails system. Rick’s interest is
in the trail development, not creating another agency or conservancy.
He feels CU’s Planning & Regional Development program would be a great
resource. Mike said the idea of creating a not-for-profit agency makes
him wonder if municipal involvement is necessary. Ed said there is
a limit to the State’s ability to use eminent domain. Rick said Seneca
Pure Waters acquired the rights-of-way for the Catherine trail and then gave
them to the State Parks. Joan suggested the State’s limitation might
be due to use of the Environmental Protection Fund. Mike said private
ownership of part of the old railroad right-of-way in Dryden/ Freeville area
caused delay in trail development there. Fernando said there is a City
and Town of Ithaca committee to connect the South Hill trail to Buttermilk
Falls State Park.
Mike asked how we can get a group with larger focus, and Joan responded that,
as well as needing leadership, we still need groups with small focus to accomplish
the segments. Ed agreed with Rick that money is easiest to raise for
construction phases. He said broad planning efforts of rights-of-way
and grantsmanship might become an action step recommended by the Comprehensive
Plan. This could be identified as a major County issue, then evolve
to community presentations and enlistment of partnerships. Mike said
the maintenance issue is huge, especially as the County doesn’t handle parks
and recreation, and some will argue that this should not be pursued at a
time when roads can’t even be cared for adequately. Dan said two years
ago he would have supported this wholeheartedly, but now he agrees with that
argument of why develop trails if we can’t maintain our current infrastructure.
Ed said the County is sometimes approached by municipalities who say they
could maintain certain roads better than the County does. By pursuing
such contacts, we could develop larger partnerships. Some foundations
and individuals need issues identified before they offer support. Dan
agreed that partnerships are possible, and there seem to be lots of new not-for-profit
organizations. He wondered if trails could get some room tax funding,
as this is in part for tourism, but he can’t defend this to his constituents.
Peter said he thinks his constituents would support the trails system, and
he sees lots of benefits for the cost.
Rick said the most current information would be available from Sue Poelvoorde
of State Parks. Fernando said simple trails are easier to maintain,
and are more suitable for rural areas. If land use and right-of-way
issues could get resolved, funding could probably be found and he would go
to bat to obtain it. The waterfront trails can be big tourism boosts.
Dooley reminded members of Ed’s comment that there is no staff time available
to devote to this during the current year. Ed said he looks at this
as part of the Comp Plan, and might develop as priorities change and other
projects diminish. Right now ITCTC is developing a new Long Range Plan
and TCPD staff is working on the Comp Plan, both of which involve public
contact efforts in 2004. It would take time to develop a major presentation
on trails, but it could be identified by the Legislature as an important
issue. Peter said he is interested in trails development, whether it
is through the Legislature, this committee, or another group. Fernando
said it is a good time to contact Sue Poelvoorde. Rick noted the City
of Ithaca and the State don’t always work well together, and perhaps County
interest would get conversation going. Mike asked Ed to arrange a meeting
with Sue Poelvoorde.
Addition to Agenda: Appointment to Ag & Farmland Protection Board
Kathy Wilsea provided copies of a resume recently submitted by TCPD staff
member Crystal Buck for AFPB. This is as designee for the Planning
Commissioner seat. Motion by Dooley to make appointment, seconded by
Dan, and passed 3:0 (Peter on break).
V Planning Department
H Commissioner’s Report
Ed said on 12/22 he spoke with the Ulysses Town Board and Planning Board
at their request. There was discussion of community issues, including
possible changes to zoning and ag protection. At a previous meeting,
Ulysses Supervisor Doug Austic had mentioned that work with the TCPD Circuit
Rider was unsuccessful, yet TCPD was the entity they turned to for help on
the issues currently under discussion. Ed recently attended a meeting
sponsored by the Community Foundation about private funding and philanthropic
support for the Arts in our community. Their general message was that
there is a philanthropic interest in the community and they wish to find
out what people want to support.
VI Adjournment
The meeting was adjourned at 3:33 PM.
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