Minutes
Planning, Development & Environmental Quality Committee
Tompkins County Legislature
Regular Meeting
February 2, 2005    2:30 PM     Heyman Conference Room
Members Present:  Kathy Luz Herrera (Chair), Barbara Blanchard, Mike Lane, Frank Proto, Nancy Schuler

Other Legislators Present:  Dooley Kiefer, Dan Winch

Staff:            Heather Filiberto, T C Planning Dept., Kate Hackett, TCPD, Joan Jurkowich, TCPD, Ed Marx, Planning Commissioner, Kathy Wilsea,                        TCPD

Visitors:        Jim Adams (Cornell University), Matt Bishop, Bert Bland (CU), John Dennis (Environmental Management Council), Fay Gougakis
Simeon Moss (CU), Michael Stamm (T C Area Development), Debbie Teeter (Cooperative Extension), Andrew Tutino (Ithaca Journal), Steve Uzmann (EMC)
           
I    Administration

A    Call to Order – Chair Kathy Luz Herrera called the meeting to order at 2:32 PM.  Members Nancy Schuler and Frank Proto were also present.

B    Changes to the Agenda – As members were informed after the agenda went out, speakers from Cornell University and the Environmental Management Council will have opportunities to present information on the Lake Source Cooling resolution (item K).

C    Approval of Minutes – Frank Proto moved the minutes of 12/21 and 12/1, seconded by Nancy Schuler and passed 3:0.  [Barbara Blanchard arrived at 2:33 PM.]

D    Announcements – Fay Gougakis spoke as a concerned citizen opposed to the request of Cornell University to reduce the number of Lake Source Cooling monitoring sites in conjunction with their SPDES permit from the NYS Department of Environmental Conservation.  She encouraged PDEQ to consider adding to their resolution a paragraph from the Town of Ithaca’s letter to DEC that short-term thermal evaluations should be undertaken.  [Mike Lane arrived at 2:35 PM.]

II    Ithaca-Tompkins County Transportation Council

E    Resolution:  Acceptance of Hosting Agreement Between Tompkins County and the State of New York for the Ithaca-Tompkins County Transportation Council
Fernando deAragon was present, and he explained that this hosting agreement needs to be renewed periodically.  There are no changes to the contract, which Jackie Kippola is finalizing.  Carl Ford, Region 3 Director of the NYS Department of Transportation, has replaced Jon Edinger on the ITCTC Board of Directors.  Resolution moved by Frank, seconded by Nancy and adopted by unanimous vote.

III    Ag & Farmland Protection Board

F    Resolution:  Scheduling a Public Hearing for Additions to Agricultural Districts No. 1 (East Side of Cayuga Lake) and No. 2 (West Side of Cayuga Lake)
Resolution moved by Nancy, seconded by Frank.  Debbie Teeter said committee members will receive information on specific requests prior to the PDEQ 3/2 meeting.  The Planning Advisory Board asked Debbie to double check with municipal supervisors/mayors and planning board chairs to ensure these Ag District designations would not conflict with municipal zoning.  This policy allowing annual requests for additions is new this year, so it is the first time staff has gone through the process.  Mike Lane said he had passed out to legislators some copies of an article from the Cortland Standard on the need for policies on Purchase of Development Rights.  He provided copies for Ed Marx and Debbie.  Resolution passed by unanimous vote.

IV     Tompkins County Area Development

G    Resolution:  Seeking Expansion of Empire Zones to All Counties
Michael Stamm reported that TCAD still seeks an Empire Zone for Tompkins County.  Although the program has some flaws, it can provide quality employment opportunities.  Michael recently met with our three State senators, who are supportive of the resolution.  The Industrial Development Agency currently delivers mostly local incentives.

The resolution was moved by Barbara and seconded by Nancy.  Nancy asked if there are any negative aspects of the Empire Zone program.  Michael said the current program sunsets 3/31/2005, and he is not quite sure what the new parameters will be.  Frank requested a spreadsheet showing status of IDA benefits.  Michael will provide information for the PDEQ March meeting and be on the agenda for discussion.    The last Resolved clause of the resolution was amended to include Senator Michael Nozolio and chairs of the relevant Assembly and Senate committees.  Passed by vote of 4:1 (Proto).  Frank expressed his dislike of property tax abatements, and said Tompkins County already has an extensive amount of tax exempt property.  He also wants to learn how many workers in IDA-funded companies are not Tompkins County residents.

VIII    Committee Administration

P    Appointments -- Kathy Wilsea provided committee members with copies of the application of Gary Stewart for EMC.  An at-large seat was vacated when an EMC member moved out of state, and the EMC Executive Committee recommended that Mr. Stewart be appointed.  Nancy questioned the length of residency of the Water Resources Council applicant, but said his work history shows he is returning to Tompkins County.  Frank said he has suggested to the Government Operations Committee that a minimum residency be specified, and that applicants list local affiliations.  Appointments (Crispell to AFPB, Johnson to Fish & Wildlife Management, Rachun to STPB, Garwood to WRC  & Stewart to EMC) moved by Barbara, seconded by Frank and passed by unanimous vote.

V    Water Resources Council

H    Update on Nomination Process/Membership Issues – Kate Hackett said WRC has discussed comments received from PDEQ.  The Nominating Committee will make sure all members are aware of deadlines and have a chance to review all applications.

I    Update on Virgil Creek Aquifer Study – Kate said a test well in this study has located a robust water supply that produces about four times the water coming from the Village of Dryden well.  Also, a confined aquifer has been identified in the town of Caroline study.  In other WRC business, they worked with the Stormwater Group to examine sample stormwater control ordinances and distributed information to affected municipalities about minimum requirements and possible enhancements.  These municipalities will need to adopt stormwater control ordinances by 2008:  Town of Lansing (passed); villages of Lansing and Cayuga Heights; towns of Ithaca, Dryden, Caroline, Newfield and Ulysses; and the City of Ithaca.  WRC hopes municipalities will work from the same baseline and develop similar ordinances.  The Wetlands Committee submitted a grant application to the Environmental Protection Agency to examine wetlands and identify regulations that could be implemented in Tompkins County.

VI    Environmental Management Council

J    Update – Heather Filiberto said the EMC had their organizational meeting and established six committees for 2005.  Some of their goals are: 
Open Burning - to work toward a county-wide ban on open burning of household waste;
Unique Natural Areas - to develop protocols for changes to the inventory;
Website - to provide information on the internet about EMC;
Environmental Review - SEQR reviews and the County’s Public Safety Communication System project;
Education - for update of the Environmental Directory, information at Earth Day, and consumer education on the Neighbor Notification Law; and
Energy - for the milestones of the Cities for Climate Protection program, and sample wind tower ordinance. 

Heather said the EMC would welcome inquiries from the Legislature on any issues.  Open Burning was a topic at the Health & Human Services meeting this morning.  They passed a motion to have the Board of Health examine the open burning issue and report back to them.

K    Resolution:  Requesting the New York State Department of Environmental Conservation Continue the Requirements of the Current Lake Source Cooling Monitoring Plan for the Duration of the Existing SPDES Permit (3/1/2008)
Heather pointed out that background information was provided to PDEQ members prior to today’s meeting.  Cornell University staff present today include Jim Adams, Director of Utilities and Energy Management, and Bert Bland, Director of the Environmental Compliance Office.  Mr. Adams gave a PowerPoint presentation on Lake Source Cooling, which draws cold lake water from a depth of 250 feet, uses it in a heat exchange system, and discharges it to the southern end of the lake.  The resulting chilled water that provides cooling to campus buildings is in a separate line.  LSC saves on energy costs, uses no refrigerants, and produces fewer greenhouse gasses than conventional air conditioning.  Tests are conducted by staff for phosphorus, chlorophyll a, and clarity.  Test sites are accessed by boat. 

Mike Lane asked if this is a cost cutting issue.  Mr. Adams said annual cost for testing is about $50,000 plus staff time.  It is not an expense issue, but they consider it a waste of resources.  CU would prefer to partner around the lake on water issues.  The SPDES permit requires a minimum of two test sites.  A monitoring plan is in place to qualify for the SPDES permit.  Kate Hackett asked about phosphorus testing, and Mr. Adams said total phosphorus consists of bound and soluble phosphorus, but it is soluble phosphorus that is available to organisms in the lake.  LSC’s total phosphorus is 15 mg/liter, and 6 mg of that is soluble.  In contrast, the sewage treatment plan produces 500 mg/liter, 400 mg of which is soluble.  Kate mentioned that some phosphorus is also delivered by tributaries.  Matt Bishop asked about temperature testing, and is it compared site-to-site or averaged for all sites.  Bert Bland said they use averages, per recommendations from a scientific advisory council and consultant.  Matt said using averaging reduces the ability to spot variances. 

Steve Uzmann, chair of the EMC Environmental Review Committee, said he has been a fan of LSC and sees environmental benefits and savings.  However, it takes ten years to recirculate phosphorus to the bottom of the lake.  Fewer testing sites won’t register spikes.  Steve reviewed the history, as written into the Whereas clauses of the resolution.  ERC feels three years testing is only a good beginning, and testing should continue.  John Dennis, also an EMC member, said DEC should define criteria that would require moving the outflow pipe further out into the lake.  Good data is required in order to make this decision. 

Barbara asked if this discussion will need to be held again at the expiration of the SPDES permit.  Steve said that is a different process, and is defined by DEC.  Mr. Adams reiterated current data shows monitoring is not necessary.  Mr. Bland said the water being discharged into the southern end of the lake is improving water quality, and he doesn’t foresee any need to move the outflow pipe.

Resolution was moved by Frank, seconded by Nancy.  The second Whereas clause was changed to read:  “Cornell University’s Lake Source Cooling facility draws cold water from the deep waters of Cayuga Lake and, after passing it through a heat-exchange process, returns the warmer water to the shallow, south end of the Lake”.  Kathy Luz Herrera pointed out to fellow Legislators that she is a CU employee, but no one felt this issue constitutes a conflict of interest.  Kathy said Ithaca High School is also cooled by LSC.  She has confidence that CU has the ability to make this system work.  Ed Marx mentioned that the new County Comprehensive Plan encourages establishing a water quality monitoring plan for Cayuga Lake.  CU voices an interest in putting resources to better use.  We need to identify what monitoring is important to the whole lake.  Kate Hackett announced the Water Resources Council will have a panel discussion at their 3/21 meeting, with Bert Bland, Cliff Kraft (CU Dept. Natural Resources), Steve Eidt (DEC), and Dave Bouldin (CU Professor Emeritus, Crop & Soil Sciences).  Ed Marx suggested that DEC might make their decision prior to the beginning of the monitoring season.  Heather Filiberto said EMC also has some long-term concerns, but was trying to focus this resolution on CU’s request for change.   Amended resolution adopted by unanimous vote.   

VII    Planning Department

L    Resolution:  Authorizing a Public Hearing to Discuss Submitting an Application for the Small Cities Community Development Block Grant Program for Program Year 2005 Funding to Continue the Tompkins County Homeownership Program

M    Resolution:  Authorizing Submittal of 2005 Small Cities Community Development Block Grant Program Application to Continue the Tompkins County Homeownership Program (VII)
Resolutions L and M moved by Nancy, seconded by Barbara, and passed by unanimous vote.  [Barbara left at 4:30 PM.]

N    2005 Work Program – Copies of the draft Work Program were distributed.  Ed Marx pointed out it follows the format of the Comp Plan, and complimented Joan Jurkowich on doing a nice job putting it together.  Joan reviewed the format and said discussion will occur at the PDEQ meeting 3/2.

O    Commissioner’s Report – Ed reported that Tom Mank resigned to take a position at a new MPO in Kingston, NY.  Rollover funds were allowed to help cover half of a work position for municipal contracts (the former Circuit Rider program), but that effort has not received enough municipal support.  Therefore, the vacancy created by Tom’s resignation will probably not be filled.  A letter went out to municipal officials offering to partner with municipalities for Quality Communities grant applications.  Ed is aware of two responses so far.

VIII    Committee Administration (continued)  

Q    Committee Liaison Appointments & Goals – Preliminary liaison appointments were discussed.  Kathy will contact legislators who are not on PDEQ about continuing in some assignments.  2004 goals were briefly reviewed.  2005 wording for burn barrels:  “Examine issues of open burning of household waste”.  Mike would also like to bring the annexation process resolution to the committee again.  Liaisons and Goals will be on the March agenda.

IX    Adjournment – the meeting was adjourned at 4:40 PM  

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