MINUTES
PLANNING, DEVELOPMENT & ENVIRONMENTAL QUALITY COMMITTEE
(Tompkins County Legislature)
REGULAR MEETING
December 3, 2003        2:00 PM        Heyman Conference Room
Members Present:    Kathy Luz Herrera, Dooley Kiefer, Mike Lane, Peter Penniman, Dan Winch

Staff Present:        Heather Filiberto, TCPD; Debbie Giordano, Director, Workforce Development; Kate Hackett, TCPD; Joan Jurkowich, TCPD
Ed Marx, Commissioner, TCPD; Peter Meskill, Sheriff ; Monika Roth, Coop. Ext.; Debbie Teeter, Coop. Ext.; Joe Vitale, Undersheriff; Kathy Wilsea, Secretary, TCPD

Other Legislators Present:  Frank Proto, Nancy Schuler

Guests:        Martha Armstrong, TCAD; Doug Austic, Supervisor, Town of Ulysses; Doug McDonald, City of Ithaca; Terrance McGuinness, City of Ithaca resident; Mary Shelley, Water Resources Council; Bob Steinkamp, Eagle Broadcasting; Andrew Tutino, Ithaca Journal

I    Committee Administration

A    Call to Order
Chair Mike Lane called the meeting to order at 2:03 PM.

B    Agenda Changes
A resolution will be presented by Debbie Giordano for Tompkins Workforce New York.

C    Approval of Minutes
Dan Winch made a motion to approve the draft minutes of 10/29/2003, which was seconded by Kathy Luz Herrera.  Dooley Kiefer suggested inserting Steve Nicholson’s prepared statement and the text of the Op-Ed article under discussion.  With these and other changes, the minutes were approved unanimously.

Dooley made a motion to approve the draft minutes of 11/5/2003, which was seconded by Dan and passed unanimously without changes.

D    Announcements
Dooley announced that she has received follow-up information from Jean McPheeters of the Chamber of Commerce.  The tourism survey referred to during the November 5th meeting was based on 176 responses, which was 30% of the total 593 surveys distributed.  30% is considered a very high response rate.

Addition to Agenda:  Tompkins Workforce New York
Resolution:  Authorization to Enter Into a One-Year Lease Agreement for the Workforce Development Board

Copies of the resolution were distributed.  Debbie Giordano was present to provide information and answer questions.  Debbie said the Center Ithaca space is being re-allocated.  This move also puts board offices for Debbie and Jennifer Luu adjacent to Tompkins County Area Development.  This was already in the 2004 budget, so does not require a budget adjustment.  Cost of rent and estimated utilities is equivalent to the space being vacated.  Motion was made by Peter Penniman and seconded by Dooley to adopt the resolution.  Passed unanimously.  An explanation will be added to mention that no budget adjustment is needed.

Debbie also passed out copies of the November staff report.  Tompkins Workforce New York recently graduated 100% of a class of nine members from the customer sales & service training center.  One of the graduates will become the manager of the new Race Office Equipment store on the Commons.  The National Retail Federation attended and asked for Tompkins Workforce NY staff to attend a meeting in New Jersey on Monday.  NRF has offered funding to sustain some of the training operations.  Kathy Luz Herrera said she heard Connie Sowards is helping to train at the jail, and thought this would be a good way to publicize an alternatives piece.  She requested a report to this committee.  Debbie said that is a verbal agreement so far, for training of jail population.  The money is a grant through the Dryden School District.

II    Water Resources Council

E    Council Organization
Ed Marx said stormwater management is a large component of current water concerns, due in part to the EPA Phase 2 stormwater regulations.  NYS Department of Environmental Conservation is encouraging affected municipalities to collaborate in the implementation of these regulations.  Ed wants to explore ways to meet DEC guidance without creating something new.  DEC says Tompkins County will not qualify for state-level funding without meeting the stipulation of intermunicipal collaboration.  Kate Hackett said this requires 100% representation of municipalities affected by the stormwater regulations.  Dooley suggested the Stormwater Group could be a committee of WRC with one WRC member on it.  Kate said it would be necessary for them to be voting members on WRC, rather than a committee whose recommendations might not be passed by WRC.  The Cayuga Lake Watershed Intermunicipal Organization cannot cover this function, as all of the municipalities that need to meet the stormwater regulations are in Tompkins County.  Ed pointed out that having a water resources group with municipal representation will be beneficial as we proceed with the aquifer studies.

Discussion followed about the former WRC composition of municipal representatives, which had poor attendance, and options for reorganization.  Ed expressed an interest in meeting this requirement without expanding the number of advisory boards TCPD supports.  Ed said another possibility would be to fold the Stormwater Group into the EMC, which is a municipal-based organization.

Planning Department staff will bring reorganization ideas to the committee at future meetings.    

III    Appointments

F    Appointments
Following comments about how to make appointments in light of the previous WRC discussion, Dan made a motion to appoint the Water Resources Council slate for six months pending reorganization of the body.  Seconded by Kathy and passed 4:1 (Dooley).

Dan moved to approve the appointments to Planning Advisory Board, Strategic Tourism Planning Board, Agriculture & Farmland Protection Board, and Soil & Water Conservation District.  Seconded by Peter and passed 5:0.

Peter moved to approve the EMC slate, which was seconded by Kathy and passed 5:0.

IV    Industrial Development Agency

G    Update on Abatement Standards and Density Policies
Martha Armstrong distributed a chart to provide additional information to the materials that were with the agenda.  She said the new chart shows abatement for all the years over a fifteen-year period.  Mike said discussion at IDA meetings has been about neighboring Empire Zones affecting our opportunities with developers and businesses.  Businesses are being wooed by neighboring counties, both for new business and for moves.  Martha said neighboring counties are offering better abatements.  On the new chart, the figures left of the vertical line show current standards, and options are on the right.  The chart is for fifteen years because that is the term of Empire Zone benefits.  New options are heavily weighted (most generous) for the first few years, when a company needs help.  Kathy said even if Tompkins County doesn’t try to compete with all the aspects of Empire Zones, she sees advantages of the alternatives, especially if we are being pressed by applicants to meet offers they get from our neighbors.  These can be terrific boosts for start-ups or expansions.

Mike said he expects IDA action at their meeting Friday, 12/5.  Martha said IDA process is to vote, send notification to all taxing authorities, and then finalize it the next month.  Kathy asked for a chart of recent non-standard agreements that have been made.

Dooley asked if there is a standard policy deviation.  Martha said the “current pilot” list is the one that starts with 50% abatement at the top.  So this section at the bottom of the page lists the criteria examined when considering non-standard abatements.  Kathy said deviations can be good, as they show efforts to appeal to good employers.  Martha noted that the number of deviations being granted led to examination of the standards.  Peter said changes could be to the standard, or to establish criteria for standard levels of deviation.  In response to Dooley’s question of where did “typical” numbers come from, Martha said they came from a Chamber of Commerce survey, and she will check with Mike Stamm.  

Dooley disliked having any year with 100% tax abatement, saying that seemed extreme.  Mike said the largest number of IDA members are interested in the second column, with 90% at the top.  He feels companies should pay something the first year.  Dooley commented that maybe having a standard step per year is easier for Assessment to handle.

Doug McDonald was present to review the memo on density policy that was included with the agenda.  He said there are two main issues that emerged in the first few years of the policy: 1) whether to include furniture and fixtures as well as the structure, and 2) realizing that maximizing the zoning height is not always best.  

Some clarifications that have been made to IDA on the essence of proposed changes are:
- the density policy only applies to capital programs that increase assessment, and abatements only apply to the increases in assessment;
- projects require a written report from the City of Ithaca Department of Planning regarding how the project meets the present IDA policies and goals;
- investment and reinvestment is encouraged for historic buildings;
- except for historic structures, projects less than two stories (memo says three, but should be two) or 30 feet would not be eligible for tax abatement; and
- IDA has option to make exceptions.
Doug noted the City Building Department helps identify qualified exceptions.  Dooley said she thinks sprawl can be vertical, too, and she dislikes making buildings the maximum height allowable.  Doug said the Council is still working out stepped height limits.  Mike said comments can be directed to IDA members.

V    Agriculture & Farmland Protection Board

H    Review of Draft Bylaws
Monika Roth and Debbie Teeter were present for this discussion.  Monika said AFPB is still considering voting by proxy, mail, phone or fax, and that will be discussed at their 12/4 meeting.  Dooley pointed out that the County Attorney has raised questions about proxy voting not complying with the open meetings law, and he should be consulted.  Monika briefly reviewed the changes, which she said were mostly language.  They are looking at term limits, and expect to allow two terms of four years.  Dooley asked if they had cause to invoke the attendance policy, and recommended sticking to it.  She submitted some other suggestions to Monika and Debbie for use of the word “bylaws” rather than “policies” in the document, defining a quorum as six members, requiring committees to keep minutes, and requiring advance notice to members when there will be a vote on bylaws amendment.

I    Report on Recommended Changes to Ag District 1
Monika pointed out on a map the properties that were mentioned in the agenda handout as proposed removals from the Ag District.  Most of them are residential properties, and are only being removed because municipalities or owners specifically asked for removal.  Ed Marx noted that the Planning Advisory Board will be reviewing the recommendations at their next meeting, as part of the defined process of the review.  One purpose of an Ag District is notification to people moving to bordering properties of what it means to live near farms.  We need to keep that function in mind as changes are proposed.  This protects farmers from adjacent land use conflict, too.  Monika said they will examine the proposed removals that are surrounded by ag land.  Debbie pointed out that the green areas on the map are Ag District, not necessarily active agriculture usage.  

Monika said Cooperative Extension staff has met with all municipal planning boards.  Districts need 50% active ag land to retain an Ag District.  The public hearing will be 12/16, which is an opportunity for the public to react and request addition or removal of properties.  A resolution establishing the changes will come to the Planning Committee early next year.

VI    Planning Department

J    Resolution:  Authorizing Public Hearings for Housing, Public Facilities, and Microenterprise Applications for the Small Cities Community Development Block Grant Program for Program Year 2004 Funding
The resolution was moved by Peter, seconded by Dan.  Heather Filiberto attended to provide information about CDBG programs.  She said since 1993, Tompkins County has received over $10,000,000 in housing grants.  This resolution is a formality needed in order to apply for grants.  Adopted by vote of 4:0 (Herrera on break).

K    Commissioner’s Report
Ed Marx said the draft information on the Comprehensive Plan will be presented to the Planning Advisory Board next week, where they will discuss the draft policies.  Staff is finalizing the office space needs for the Space Needs & Location Committee.  Consultants Milone & MacBroom made a presentation on 12/1 of their study and recommendations for the Flood Hazard Mitigation Program.  Tetra Tech has been hired to develop the all-hazard mitigation report for the County and municipal partners.  Thomas Associates is the local partner of Tetra Tech.  Ed said he is going to the Town of Newfield tonight to meet with the Town Board and community members who are interested in doing comprehensive planning there.

L    Resolution:  Authorizing Appointment of Deputy County Administrator
Resolution was moved by Dan and seconded by Kathy.  In response to a comment from Dooley, Ed said the resolution intentionally does not create a percentage of time split for the joint position.  While it should be 50/50, duties are melding and it would be artificial to assign times.  He keeps records and his input will be part of the review process next year.  Dan felt it was preferable not to define it, and said it should be left fluid and flexible.  Peter said the goal is to keep the work of TCPD maintained, and he didn’t think defining a time split contributed to that.  Kathy recalled that Dooley has raised this concern previously, but she prefers the flexibility of leaving it undefined.  She said it will be addressed if TCPD suffers by the job share.

Dooley made a motion to amend the resolution and define the time split as 50/50.  Seconded by Mike for discussion purposes, and failed by vote of 1 (Dooley):4.  Mike, as author of the resolution, added to the 3rd Resolved clause, so it reads in part “that after one year the Government Operations and Planning, Development and Environmental Quality committees (or their successors) each review this action with the County Administrator and Commissioner of Planning . . .”  

Ed said he and Steve Whicher have agreed to examination of the situation next year.  Resolution adopted by vote of 4:1 (Dooley).

VII    Review of WRC Recommendations Regarding the Use of Recreational Watercraft on Cayuga Lake

M    Discussion
Mike Lane welcomed visitors, and those present introduced themselves.  Kate Hackett provided some background on the priority recommendations, which are to regulate speed within zones from the lakeshore, and limit the hours of operation.  Additional recommendations in the full report include reduction of noise generated by marine craft users, lobby at the state level to promote phase out of two-stroke marine engines, require all operators of motorized watercraft to complete a boater safety course, lobby at the state level for higher standards for anti-fouling paint used on marine craft, and maintain funding to the Sheriff’s Department to enable enforcement of NYS navigation law and any future local recommendations.  Frank Proto provided information on the WRC work to produce this document, noting the Town of Lansing has passed an ordinance.  The WRC recommends County action if municipal ordinances are not enacted by May, 2004.  [Peter Penniman left at 3:55.]  Mike said he sees two main issues, those of enforcement and whether or not the municipalities will all act on their own.

Ulysses Supervisor Doug Austic said four of the municipalities (Towns of Ulysses, Lansing and Ithaca, and City of Ithaca) have worked together, and the Town of Ulysses Board is considering the same restrictions enacted by the Town of Lansing.  He pointed out that Cathy Valentino, Supervisor of the Town of Ithaca, is waiting to work on this when her new Town Board convenes in January.  He said the Town of Ulysses would be unable to enforce the regulations, and would rely on the State Park Police and Sheriff to do enforcement.

Sheriff Peter Meskill said one law would be easier to enforce, or five identical laws for the municipalities involved.  They would expect some jurisdictional problems, and tickets issued could be to County Court or be similar to current traffic violations and be directed to municipal courts.  His department has limited resources, and only commits a maximum of 40 hours of deputy time per week to patrolling the lake from May through September.  Citizens and legislators need to be aware that having a deputy serve on the lake means less road patrol.  He also faces difficulty with staffing during a time when people take vacations.  Joe Vitale, Undersheriff, said the municipalities offer a bit of flexibility regarding jurisdictional lines for prosecution, but current navigation law applies uniformly.  That flexibility would be limited if the laws differ by municipality.  Sheriff Meskill said equipment would be needed to measure distances from shore, but if other lakes have such laws there must be ways to enforce them.  He said he would contact the Warren County Sheriff.

Frank Proto asked Doug Austic if the five municipalities are still getting together.  Doug said yes, and they have discussed uniformity.  He feels the Town of Ulysses is very close to passing the same restrictions as the Town of Lansing.  Sheriff Meskill asked if there is a definition of personal watercraft, and Kate Hackett said it is defined in the recommendations.  Dan Winch said, for the Sheriff to be effective, we need Global Positioning Systems and linear distance measurement equipment, including recording capabilities.  Frank Proto suggested contacting the Coast Guard for information.  Sheriff Meskill said his department will research equipment.

Mary Shelley raised concerns about the Town of Lansing law having a 10 MPH speed limit only within 250 feet of the shore.  She feels that is inadequate and the distance should be 500 feet.  It allows operators under age 16 to operate within 300 feet of a supervising adult, which she considers inadequate as the adult can’t always be seen or heard.  She also felt the hours of operation were not restrictive enough if they allow use beginning at 8 AM.

Kathy Luz Herrera said she respected the WRC for making contact with a personal watercraft owner, and pointed out that this is a tourism issue, also.  Terrance McGuinness said, as a PWC owner, he feels current NYS laws are not being enforced.  He understands the intent of the WRC recommendations, but if new regulations are not enforced, there are no benefits from them.  He feels the County should put pressure on NYS to require water safety courses for all watercraft users.  Currently boat operators are not required to take safety courses.  The training focuses on safety and discusses speed.

Kate Hackett pointed out that one recommendation was a direct result of Terrance McGuinness’ involvement with the committee.  WRC tried to reflect on all sides of the issues.  Kate said she had a discussion with an attorney at the NYS Department of State, who pointed out that amendment to navigation law would control the whole lake, regardless of its inclusion in the canal system.  Doug Austic asked if personal watercraft have speedometers.  Terrence McGuinness said they do, and he thanked WRC for contacting him and allowing him to contribute.  

Kathy Wilsea said Mary Shelly provided the Planning office with copies of petitions signed by area citizens who support speed limits in zones near the lakeshore.  The petitions contain over a thousand signatures, and copies were provided because the petition is not specifically directed to County legislators.  Frank Proto suggested having information on the recommendations go to the Municipal Officials Association.  Dooley pointed out that group has no representation from the City of Ithaca.  Doug Austic said having information presented to MOA is possible, although he is only Chair through the end of 2003.

Mike said it looks like our homework is for Sheriff Meskill to research equipment, the County Attorney provide comments on enforcement and court involvement, and Doug Austic arrange to have this topic on the agenda for MOA.  Ed Marx suggested getting early comment from the municipal attorneys, too.

VIII    Adjournment
The meeting was adjourned at 4:30 p.m.

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