Minutes
Planning, Development & Environmental Quality Committee
Tompkins County Legislature
Regular Meeting
December 1, 2004 2:30 PM
Heyman Conference Room
Members Present:
Kathy Luz Herrera (Chair), Dick Booth, Mike Lane,
Leslyn McBean-Clairborne, Frank Proto
Other Legislator Present: Dan Winch
Staff: John Andersson,
T C Environmental Health; Katie Borgella, T C Planning; Alice Cole, T C Health;
Heather Filiberto, TCPD; Kate Hackett, TCPD; Joan Jurkowich, TCPD; Jackie
Kippola, T C Administration; Ed Marx, Planning Commissioner; Wendy Skinner,
Public Information; Kathy Wilsea, TCPD
Visitors: Sharon Anderson, Cayuga Lake
Watershed Network; Martha Armstrong, T C Area Development; Jean McPheeters,
Chamber of Commerce; Steve Nicholson, Chair, Environmental Management Council;
Bob Steinkamp, Eagle Broadcasting; Andrew Tutino, Ithaca Journal
I Administration
A Call to Order – Chair Kathy Luz Herrera called the meeting
to order at 2:32 PM. Also present were Frank Proto and Mike Lane.
B Changes to the Agenda – Kathy Wilsea distributed copies
of three new applications for advisory board appointments. Agenda items
will be taken out of order. Mike Lane arrived at 2:34 PM. Dick
Booth arrived at 2:36 PM.
II Strategic Tourism Planning Board
G Resolution: Funding of Community Celebrations Grant
Resolution was moved by Frank, seconded by Mike. Jackie Kippola briefly
reviewed the applications and recommendations. The drug court graduation
didn’t seem to match the program guidelines, so the STPB did not recommend
funding. The Newfield item will be funded in 2005. Resolution
passed by unanimous vote. Attached.
I Committee Administration (continued)
D Special Meeting on STPB Tourism Capital Grants – Martha
Armstrong said she expects two capital program grant applications, one for
the Farmers Market winter enclosure, and one for the construction phase of
the Wine Center. A special meeting was scheduled for 12/21, 15 minutes
before the Legislature meeting.
E Preview of Liaison Appointments for 2005 – Kathy suggested
members who will remain on PDEQ and seek specific liaison appointments inform
Cathy Covert of their interest.
III Chamber of Commerce
H Update on Building Expansion – Jean McPheeters said the
Chamber is exploring options for adding to the building. The building
is 16 years old and is in a Town of Ithaca special land use district.
She has hired an architect to explore ideas and will check with the Town
about restrictions. She thinks possible funding can come from gifts
and room tax income. The number of employees was limited to ten because
the property previously was in a residential zone. She does not expect
the project to trigger a SEQR review.
IV Environmental Management Council
I EMC Resolution 2-2004: Recommending that the Tompkins
County Legislature amend the Sanitary Code to prohibit open burning of household
solid waste – Update and Discussion
Steve Nicholson, Chair of EMC, was present for discussion. He distributed
a copy of a joint resolution passed November 11th by commissioners and administrators
of state-level environmental agencies in the North East states. This
is so new that DEC staff is not fully informed about implementation.
Although the EMC resolution suggests amending the Sanitary Code, another
option for prohibiting open burning would be enacting a Local Law.
DEC, NY Attorney General and the American Lung Association have much literature,
and he passed around a small selection. St. Lawrence County has an
award-winning education program that was implemented two years ago.
In the last ten years, continued research and improved detection have raised
awareness of the health problems associated with open burning. Dioxin
is getting into food sources and water resources. NYS law already bans
burning in villages, cities, and towns with over 20,000 population.
Total bans on burning of household solid waste are in effect in eight states
and four New York counties (Broome, Herkimer, Monroe, and Oneida).
Broome receives very few complaints about burning.
Frank said the current Sanitary Code prevents open burning of many types
of trash, and he will get copies to PDEQ members of information he received
from John Andersson. The Board of Health has tabled discussion to gather
more information. EMC’s idea includes Health Department enforcement.
Frank is concerned that a total ban is overkill, as the Board of Health and
the Health Department take adequate action when they receive complaints.
If the Legislature proceeds with a total ban, they need to be prepared to
fund a position at the Health Dept.
Dan Winch spoke in support of the EMC resolution. He has been familiar
with the topic for ten years, and offered to co-sponsor efforts of the EMC
to get a ban into place. Banning open burning continuously passes in
the NYS Assembly, but the Senate doesn’t bring it to the floor. People
who are sensitive to smoke and chemicals can tell what is being burned, and
much household waste has a plastic component now. Packaging frequently
contains plastic to preserve the product, and some people even burn disposable
diapers. Creation of Tompkins County’s landfills has led to a fine
solid waste program, and Dan feels the County should take this opportunity
to stop a lot of burning.
Mike asked how the EMC resolution differs from the current Sanitary Code.
John Andersson said the Code prohibits certain items, but allows paper and
wood products to be burned. Inspections usually yield comments about
“by mistake”, and “don’t usually do this”. It is also difficult to
enforce burning of trash in fireplaces. It would be easier to enforce
a full ban than the select list. Ed Marx said the Oswego County EMC
investigated this, too. They found it to be a very serious problem
that also leads to water pollution. People don’t complain because they
feel it is fruitless. Frank said he has reported neighbors burning
illegally, and has told his constituents they can contact him, but has received
no calls. Rather than have a countywide ban, he would prefer neighbors
contact the offenders first. He wondered about ways to check pollution
levels and suggested follow-up contact with persons who have filed complaints.
Leslyn had to leave, but voiced support for a ban. (Leslyn left at
3:20 PM.)
Mike asked if rural residents burn because of economic issues or convenience.
Steve Nicholson said he thinks the attitude is that they have always done
it, and they feel they don’t need any more laws. He feels it is a quality
of life issue. Incinerators operate efficiently, much better than individual
burn barrels. Ed said the efficiency of incinerators has to do with
high temperatures, which destroy dioxins. Dick would like to see a
draft ordinance, comparisons with the current Code, and an estimate of the
extent of the problem. Dick felt a ban would be a reasonable step if
danger to the public is documented. Kathy suggested keeping this as
a committee goal for 2005 and having Jonathan Wood examine a draft ordinance.
Alice Cole said, like the Neighbor Notification Law, the front end of the
movement is education. Other than providing information, NNL doesn’t
have a large impact on the Health Department. Kathy said an education
program could have a big impact.
Committee members want to review draft legislation, comparisons with the current Code, and more detailed research.
V Planning Department
J Resolution: Authorization to Loan Monies to Ithaca
Produce, Inc. from the Economic Development Revolving Loan Fund
Heather Filiberto pointed out that background information was provided in
the note at the end of the resolution. This is an equipment loan for
seven years at 3% interest. Moved by Dick, seconded by Frank.
Frank asked how job creation is tracked and reported. Heather said
loan recipients need to report job growth for three years or until they meet
their target. Residence location of employees has never been tracked,
but the presence of the business benefits the community. She can provide
a summary of the job growth reports for PDEQ. Resolution passed 4:0.
Attached.
K Resolution: Authorization to Add a Microenterprise
Business Representative to the Economic Development Loan Oversight Committee
Resolution moved by Dick, seconded by Frank. The microenterprise loan
program was created this year. Since no loans have been executed yet,
there are no current or previous recipients to consider for this seat.
Resolution passed 4:0. Attached.
L Comprehensive Plan Update – Ed Marx reported that the
Final Draft was distributed to municipalities and agencies. Official
notice of the 12/7 public hearing was mailed. Staff will make a presentation
to the Legislature. Ed distributed copies of the resolution of support
passed by the Planning Advisory Board. The Fiscal Impact Analysis has
been more difficult than originally expected. The overall impact is
considered to be neutral to positive at this point. The quantity of
tax exempt properties is not expected to change, but the analysis took into
account how growth affects the tax base.
M Resolution: Making a Negative Declaration of Environmental
Significance in Relation to Resolution No. ____ of 2004
Moved by Mike, seconded by Dick and passed 4:0. Attached.
N Resolution: Adoption of the Tompkins County Comprehensive Plan
The resolution was amended. Amended version moved by Mike, seconded
by Dick, and passed 3:0:1 (Frank abstained). Attached.
VI Committee Goals
O “Discuss Cayuga Lake as a resource, in terms of access,
water quality, economic impact, etc.” – Sharon Anderson, Steward of the Cayuga
Lake Watershed Network, was present for this discussion. She distributed
copies of CLWN’s paper publication, “Issues in the Cayuga Lake Watershed”,
and their CD, “Protecting the Cayuga Lake Watershed, A Citizen’s Guide to
Management Concepts and Local Efforts”. She quickly provided a broad
background on the rich water resources in the North East and how they contribute
to our economic viability and drinking water. The Cayuga Lake Intermunicipal
Organization produced a Restoration and Protection Plan that identified the
primary issues associated with the lake as: drinking water, recreation &
aesthetics, open space, viable economy, and public access to the lake.
Threats include sediment, phosphorous, pesticides & fertilizers, organic
compounds, heavy metals, pathogens, and exotic organisms. Threats come
from ag practices, centralized wastewater treatment plants, development practices,
septic systems, road bank erosion, stormwater runoff, and streambank erosion.
Access is currently available to the public at State parks, City parks, and
some Town parks. The development of the Waterfront Trail helps provide
access, too. NYS DEC has included the southern end of Cayuga Lake in
the 303(d) list of impaired water bodies due to presence of phosphorous and
sediment, while continuing to collect data on possible bacterial contamination.
Water Chestnuts are an invasive species that deplete oxygen and grow in masses,
thus decreasing fish population. Sharon has received one report of
Water Chestnuts in the north end of Cayuga Lake, which she is trying to verify.
CLWN has four current priorities: fisheries, agriculture, stormwater,
and the 303(d) status of the southern end of the lake. Cooperative
Extension works with area farmers. There is a current grant proposal
to identify pathogens in the south end of the lake. CLWN is in its
third year of conducting a drinking water education program in cooperation
with the Health Department, and continues to work with other organizations.
She brought one specific question for PDEQ members: would they support
a septic system ordinance for locations by water?
Frank reminded PDEQ members that Tompkins County has an active Water Resources
Council that works with Sharon. Their recommendations come through
PDEQ. Dick agreed with Sharon that it is important to move on septic
systems. He liked the maps in the Issues publication and said they
are useful to teach that everyone lives in a watershed. Agriculture
use is now about 33% of the land, but used to be more. He would be
interested in examining how much of the watershed is inactive ag land, what
is now populated, and what is now impervious surfaces. He feels we
are better off than 50 years ago, in part because we have more trees.
Sharon agreed, but said there also are more impervious surfaces. Ed
Marx pointed out an action item in the Comprehensive Plan addressing “individual
waste water treatment”. Mike asked if it is time to license or check
credentials of contractors who do septic testing, which is no longer a Health
Department function. Sharon said Cayuga County has gone to a licensing
system.
I Committee Administration (continued)
C Approval of Minutes from 11/3/2004 – The minutes were moved by Dick, seconded by Frank and passed 4:0.
F Advisory Board Appointments
The slate for reappointments to the Strategic Tourism Planning Board (Ballard,
Reis, Stein, Tatar, Wiggins, Chock & Stewart) was moved by Frank, seconded
by Dick and passed 4:0.
The slate for reappointments and new appointments to the Environmental Management
Council (Christianson, Lamb, Edelstein, Engman, Uzmann, Epstein, Doyle &
Whitmore) was moved by Mike, seconded by Dick and passed 4:0. Mike
requested that Reba Taylor be informed that the Village of Dryden seat has
been converted to At-Large for a year.
The slate for reappointments and new appointments to the Water Resources
Council (Schutt, Marino, Schmit, Wiggins, Johnston, Karig, Kiley & Schipanski)
was moved by Dick and seconded by Frank for discussion purposes. Procedure
for WRC was review of all application by a Nominating Committee and presentation
of a slate for vote by the membership. Frank moved to amend the slate
by removing Karig, because he does not represent a recreation organization.
There was no second. Vote on the original full slate was 3:1 (Frank).
The slate for reappointments to the Planning Advisory Board (Engman, Herrick,
Krall, Whitham & Wilcox) was moved by Dick, seconded by Mike and passed
4:0.
IV Adjournment – The meeting was adjourned at 4:41 PM.
RESOLUTION NO. - FUNDING OF COMMUNITY CELEBRATIONS GRANTS
WHEREAS, Tompkins County has a grant program for community
celebrations using funds drawn entirely from Room Occupancy Tax, and
WHEREAS, Tompkins County has requested and reviewed grant
applications for recommendation to the Tompkins County Legislature through
the Planning, Development and Environmental Quality Committee with the advice
of the Strategic Tourism Planning Board, now therefore be it
RESOLVED, on recommendation of the Planning, Development
and Environmental Quality Committee, That the following grants are approved:
Town of Newfield - Newfield Old Home Days 2005 $ 1,100
Town of Enfield- Enfield Historical Plaque & Brochure $ 700
Village of Groton- Groton Pizza Fun Day 2005 $ 1,025
City of Ithaca - 100-Year Anniversary of IHS Orchestra $ 1,000
Village of Groton - Native Recognition Award $ 770
TOTAL $ 4,595
RESOLVED, further, That the County Administrator or designee
shall be authorized to sign any documents related to the aforementioned projects.
SEQR ACTION: TYPE II-20
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RESOLUTION NO. - AUTHORIZATION TO LOAN MONIES
TO ITHACA PRODUCE, INC. FROM THE ECONOMIC DEVELOPMENT REVOLVING LOAN FUND
WHEREAS, the Tompkins County Economic Development Revolving
Loan Fund provides loans to businesses at below-market interest rates to
facilitate project implementation, and
WHEREAS, these loans are made using repaid United States
Department of Housing and Urban Development Small Cities Community Development
Block Grant funds which are targeted for economic development activities
to benefit low and moderate income persons, and
WHEREAS, the Tompkins County Economic Development Revolving
Loan Fund Oversight Committee reviewed a full application for funding assistance
for the Ithaca Produce New Warehouse Construction Project in the Town of
Dryden, and
WHEREAS, the Oversight Committee has fully assessed the ability
of Ithaca Produce to make timely payments on monies loaned from the Revolving
Loan Fund, and
WHEREAS, the Tompkins County Economic Development Revolving Loan Fund
Oversight Committee has recommended that Economic Development Revolving Loan
Funds be used for equipment acquisition related to the Ithaca Produce New
Warehouse Construction Project, and
WHEREAS, the project will enhance the local economy by providing jobs and expanding goods and services, and
WHEREAS, enhancement of the local economy is supported
by the Interim Vital Communities Development and Preservation Principles,
and
WHEREAS, the Town of Dryden made a negative determination
of environmental significance and granted a building permit in relation to
the proposed project, now therefore be it
RESOLVED, on recommendation of the Planning, Development,
and Environmental Quality Committee, That the County is hereby authorized
to sign a Loan and Development Agreement with Ithaca Produce, Inc.,
RESOLVED, further, That the County Administrator be authorized
to sign all documents related to this loan, and that the County Finance Director
be authorized to adjust the budget in the following manner:
REVENUES
8693.44700 Repaid Econ. Dev. Loans $160,000
EXPENSES
8693.54400 Program Expense $160,000
SEQR ACTION: TYPE II-25
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Note: Ithaca Produce, Inc. (IPI) was started in 1962 as a family
owned and operated business. The company has operated out of its current
location in the Town of Dryden since 1989. Since its inception the
company has evolved from a produce wholesaler to a full-service food distributor.
Along with a full line of fresh fruits and vegetables, the company delivers
fresh milk and other dairy products, fresh and frozen meats, fresh and dry
spices, paper products and cleaning supplies.
The company’s customer base includes 750 accounts and is concentrated among
universities, restaurants, caterers and public schools. Over the past
two years, management expanded its sales territory to include all of New
York State. Previously, the company served a 250-mile radius from its
Dryden headquarters. As an additional means of generating revenue,
the company has started backhauling deliveries when its trucks are returning
to its headquarters. By doing this, IPI is not simply backhauling product
for its own use, but additionally generating revenue by hauling freight for
other companies as well. This service is attractive to smaller growers
as an opportunity to expand their market areas.
As a result of the growth that IPI has experienced over the past several
years, this facility is now operating at full capacity. The current
facility also does not have adequate space to implement needed upgrades to
its food safety controls that would allow the company to properly cool products
in storage and staging areas to meet increasing health a safety standards.
The new building located on Johnson Road in Dryden will be a 20,000 square
foot pre-engineered structure with total project costs estimated at $1.7
million. Other sources of assistance include a second mortgage from New York
State Business Development Corporation, and equipment loans from the Broome
County IDA and Tompkins County Area Development. The $160,000 loan proceeds
from the county will support new refrigeration equipment and installation.
Ithaca Produce also received tax abatements from the IDA.
As a condition of the loan from the County, Ithaca Produce will create twenty
one full-time and/or full-time equivalent positions within 36 months of project
start date. At least sixteen of the jobs created will be filled by low and
moderate income persons.
RESOLUTION NO. - AUTHORIZATION TO ADD A MICROENTERPRISE
BUSINESS REPRESENTATIVE SEAT TO THE ECONOMIC DEVELOPMENT LOAN OVERSIGHT COMMITTEE
WHEREAS, The Tompkins County Economic Development Revolving
Loan Fund Oversight Committee was established by Resolution No. 293 of 1999
to recommend redistribution of repaid Economic Development Grant funds from
the United States Department of Housing and Urban Development, and
WHEREAS, The Oversight Committee consists of the following Legislature-appointed members:
Bank Representative
Previous Recipient
Tompkins County Business Advisor (TCAD)
Board of Representatives (Appropriate Committee Chair)
Commissioner of Planning
Small Business Owner
Tompkins County finance Director
Tompkins County Attorney, and
WHEREAS, Resolution No. 173 of 2004 authorized an additional
activity to include microenterprise training, technical assistance and micro-lending
to businesses with five or fewer employees, now therefore be it
RESOLVED, on recommendation of the Planning, Development,
and Environmental Quality Committee, That the Oversight Committee membership
is expanded to include a seat for a Microenterprise Business Representative.
SEQR ACTION: TYPE II-20
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RESOLUTION NO. MAKING
A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO RESOLUTION
NO. OF 2004
WHEREAS, in Resolution No. of 2004, the Tompkins County
Legislature would adopt the Tompkins County Comprehensive Plan to guide County
program development and decision-making, and
WHEREAS, the Tompkins County Legislature has reviewed and accepted as adequate
an Environmental Assessment Form with respect to that action, now therefore
be it
RESOLVED, on recommendation of the Planning, Development and Environmental
Quality Committee, That Resolution No. ___ of 2004 is a Type I action,
RESOLVED, further, That the Tompkins County Legislature determines that the
Tompkins County Comprehensive Plan will not have a significant effect on
the environment,
RESOLVED, further, That the Tompkins County Legislature hereby makes a negative
declaration of environmental significance in regard to Resolution No. ___
of 2004.
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RESOLUTION NO. - Adoption of the Tompkins County Comprehensive Plan
WHEREAS, in 2002, the Tompkins County Board of Representatives adopted interim
Vital Communities Development and Preservation Principles based on a community-defined
vision of future growth and development in Tompkins County, and
WHEREAS, the interim Vital Communities Development and Preservation Principles
were recognized as being interim until a County Comprehensive Plan was adopted
by the County Legislature, and
WHEREAS, the Tompkins County Planning Department, with guidance, advice,
and recommendation from the Tompkins County Planning Advisory Board, has
developed a Tompkins County Comprehensive Plan that addresses regional and
intermunicipal issues that affect the daily lives of Tompkins County residents,
such as housing, transportation, jobs, the environment, and neighborhoods
and communities, and
WHEREAS, the County has, through its Department of Planning, engaged in an
extensive outreach effort to solicit public input and determine public support
for the Comprehensive Plan’s Principles, Policies, and Action Items as a
means for guiding growth and development in Tompkins County in ways that
enhance our quality of life, while providing for a stronger local economy,
and
WHEREAS, the Draft Comprehensive Plan was presented for feedback and comments
at 14 open houses and public meetings in all municipalities in the county
and 17 community groups and advisory board meetings, including business associations,
community associations, and civic organizations, and
WHEREAS, a display educating the public about the Draft Comprehensive Plan
and its Principles, Policies, and Action Items was exhibited at numerous
libraries, senior centers, community halls, and other public gathering places,
and
WHEREAS, an over-arching principle of the Tompkins County Comprehensive Plan
is that Tompkins County will work proactively with towns, villages, the City
of Ithaca, and state and federal agencies to cooperatively address regional
issues, and
WHEREAS, New York State law clearly places land use authority in the hands of its towns, villages, and cities, and
WHEREAS, New York State also specifically recognizes that intermunicipal
planning is needed to cooperatively address regional issues and encourages
the development of county comprehensive plans to address development and
preservation issues that transcend local political boundaries, and
WHEREAS, the Tompkins County Comprehensive Plan provides a strategic framework
for addressing issues of concern to the County, now therefore be it
RESOLVED, That the Tompkins County Comprehensive Plan is intended to be used
to guide County program development and decision-making,
RESOLVED, further, That the Tompkins County Comprehensive Plan should be
used in association with other factors, such as fiscal impacts, service delivery
needs, and environmental impacts, to guide decision-making by the County,
RESOLVED, further, That, when there is a perceived conflict between sections
of the Plan, the Tompkins County Legislature intends that the Tompkins County
Comprehensive Plan’s Principles, Policies, and Action Items be used as a
whole to evaluate the impacts of various actions,
RESOLVED, further, That, the Principles contained in the Tompkins County
Comprehensive Plan now supercede the previously adopted interim Vital Communities
Development and Preservation Principles,
RESOLVED, further, That, on recommendation of the Planning, Development and
Environmental Quality Committee, the Tompkins County Comprehensive Plan is
adopted,
RESOLVED, further, That the Plan can be amended from time to time and that
the Plan shall be reviewed, at a minimum, every five years.
SEQR ACTION: Type I-1
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