Members Present: Dooley Kiefer, Peter Penniman, Frank Proto, Nancy Schuler
Member Excused: Martha Robertson

Staff Present:  Katie Borgella, TCPD
Kate Hackett, TCPD
Joan Jurkowich, TCPD
Tom Mank, TCPD
Ed Marx, Commissioner, TCPD
Heather McDaniel, TCPD
Kathy Wilsea, Secretary, TCPD
Bruce Wilson, Asst. T C Attorney
Jonathan Wood, T C Attorney
Nancy Zahler, Director, T C Youth Bureau

Other BOR Members Present: Kathy Luz Herrera

Guests:  Susan Bloxsom, Consultant
Craig Schutt, S&WCD
Matthew Slaughter, CU Student
Madison Wright, RC&D

I Committee Administration

A Call to Order

Chair Dooley Kiefer called the meeting to order at 2:05 PM.

B Agenda Changes

There were no changes to the agenda.

C Approval of Minutes

Change in Section II, Item F, end of paragraph one:  . . .Planning Department organizational review, which will involve restructuring programs, budgeting, and filling staff vacancies.

Change in Section II, Item I:  inserted resolution replaced with amended version as passed by BOR.

Amended minutes accepted by consensus.

D Chair’s Announcements

Members should expect to see coverage in the Ithaca Journal about the Cornell University College of Veterinary Medicine alternatives to incineration proposals.  Soon afterwards, the draft Environmental Impact Statement will become available for a public comment period.

Mike Lane is liaison to TC3.  He recently provided Dooley with a summary of the recnet Board meeting and a large envelope full of information.  This is available to other committee members for review.

Steve Nicholson attended the Cities for Climate Protection conference in Seattle.  Dooley expects he will report at the next BOR meeting.  Also, Gwen Fay will give the greenhouse gas emissions inventory presentation at that meeting.

Regarding the aquifer study, there will be a meeting 2/25 with USGS, Town of Caroline, and Town of Dryden concerning their plans.  Frank added that Mike Lane, Martha Robertson, and George Totman have also been invited.  Information from this meeting will be used by the WRC Aquifer Committee.  Dooley commented that the WRC Aquifer Committee feels there is not enough information available to proceed with prioritization.

Coreorgonel, a historic American Indian site on Route 13 near Route 13A, will be discussed this year.  Information is attached to the draft Committee Goals handout.  Katie Borgella said the County owns a parcel that abuts that site, and requested that she be informed as soon as possible about the committee’s plans so the County might consider adding it to the list that goes to auction; last year it was removed from the unpaid tax foreclosure list that goes to auction.  Peter said he met with Mac Larsen last year at the Coreorgonel site and at that time there was a purchase offer on the old Waldorf School, which might affect the availability of Coreorgonel in its entirety.  Dooley noted that Historic Ithaca is no longer looking at that site for its Recycled Elements warehouse.

II Environmental Management Council

E Report/Update

Tom Mank said the last EMC meeting was mainly devoted to the Pesticide Neighbor Notification Law and a presentation by Jason Brown of New York Public Interest Research Group.  EMC may make a recommendation later this year about having Tompkins County opt in to the local law.

Nancy noted the Albany County letter that was handed out at the meeting.  Tom said Albany County had passed the local law with a one-year sunset provision, but now support continuing with the opt-in portion.

Since the EMC meeting, five members have walked the parcel under review for the airport obstruction clearance project, so information on that is forthcoming.

Tom said EMC committees are currently reviewing four documents:  DEC Environmental Justice Advisory Group Plan, NYS Energy Plan, Finger Lakes National Forest Land & Resource Management Plan, and the Region 7 Draft Recreation Plan.

Tom said EMC has appointed seven liaisons and elected vice chairs.  They currently have six membership vacancies:  City of Ithaca, Village of Dryden, Village of Groton, and three At-Large.  Three municipal seats are awaiting appointment letters, and the Town of Ithaca has appointed Don Wier to finish the term of Bill Lesser, who is on sabbatical.

Susan Brock went to Owego recently to make a presentation.  Tioga County is considering forming an EMC.

Frank noted that the Planning Committee does not receive recommendations or comments from the Environmental Review Committee (ERC).  Dooley said deadlines are frequently too tight.  There is authorization by EMC for ERC to provide comment, identifying themselves as a committee of the EMC.  Frank said an equestrian group is expressing concerns about restrictions in the draft Recreation Plan.  They will be referred to Steve Uzmann, chair of the ERC.

F Distribution and Explanation of County Attorney’s Recommendations on Oil/Gas Drilling on County Land

Jonathan Wood and Bruce Wilson were present from the County Attorney’s Office.  Jonathan handed out a draft resolution re seismic testing in Newfield and explained the testing procedure, which includes drilling 3” diameter borings, 5’ deep and 110’ apart, inserting a small (1 lb.) charge, and detonating them all at once.  Jonathan said he spoke with Steve Uzmann, who expressed an interest in visiting the site.  Steve considers this type of testing the least invasive.  Jonathan said for the Newfield site, there are 9 landowners:  7 individuals who have signed leases, Tompkins County, and New York State.

Frank said this is for testing, but are landowners anticipating our permission to drill?  Jonathan said the testing needs to include the County site because the parcel is in the middle of the area under consideration.  Frank speculated that the surface drilling could be conducted on neighboring property and asked if there was any urgency.  Dooley noted that the County Attorney’s Office is getting the calls from the public.

Resolution:  Authorizing the County Administrator to Enter into an Agreement Permitting Phillips Production Company to Conduct Seismic Testing on County Lands Located in the Town of Newfield on Chaffee Creek Road (Tax Parcel No. 24.-1-15)

Dooley proposed changes in the third Whereas clause:  “allow” rather than “encourage”, and strike “and adding to County revenues”.

Amended resolution moved by Frank, seconded by Nancy, passed 4:0.

RESOLUTION NO. 39 - AUTHORIZING THE COUNTY ADMINISTRATOR TO ENTER
     INTO AN AGREEMENT PERMITTING PHILLIPS PRODUCTION
     COMPANY TO CONDUCT ONE-TIME SEISMIC TESTING ON
     COUNTY LANDS LOCATED IN THE TOWN OF NEWFIELD ON
     CHAFFEE CREEK ROAD (TAX PARCEL NO. 24.-1-15)

  WHEREAS, the County has been approached by Phillips Production Company for permission to conduct one time seismic testing on land owned by the County located in the Town of Newfield, bordering Chaffee Creek Road, being Tax Parcel No. 24-1-15, and
 WHEREAS, said lands are reforestry lands, being 100.46 acres, which pursuant to County Law §219 may be developed for oil or gas retrieval, and
WHEREAS, the County wishes to allow energy development while also protecting the environment, now therefore be it
 RESOLVED, on recommendation of the Planning Committee, That the County Administrator is authorized to negotiate and enter into an Agreement authorizing Phillips Production Company to conduct seismic testing on County land in the Town of Newfield bordering Chaffee Creek Road, being Tax Parcel No. 24-1-15.
SEQR ACTION:  TYPE II-18
 

Regarding the draft recommendation and lease template, for the most part the attorneys agreed with EMC recommendations.  Bruce used the lease NYS uses as a starting point.  The Hillview Road site is partly in Spencer, outside of Tompkins County.  On page one of the cover memo there is an error, they seek subsurface rights, then Phillips can drill within 660 feet.  Phillips would also need permission of DEC for drilling and DEC re the landfill, so the issue of drilling on that parcel of County land is subject to two reviews.  Jonathan speculated that they would not receive approval from DEC on the landfill issue.

Frank said even at hundreds of feet below the surface, the landfill should not be disturbed.  It is not a lined landfill.   Nancy concurred.  Dooley said she expects to go into this level of detail at the March meeting.  Peter said it is his understanding that a lease would be in effect if the surface drilling was at another site, but oil/gas was being removed from below our property.

Dooley asked for explanation of “unitization”.  Bruce Wilson said the formula was captured from New York State leases regarding measurement of land/payment ratio.  Jonathan said fuel could be removed from underground even in the absence of a lease.  Under NYS law the drillers are required to provide some payment, even if you don’t have a lease.  Peter asked if a lease could address the compensation but still restrict drilling on our land.  Jonathan said that is correct.  Phillips has an interest in an agreement at the Hillview site because then they could drill within 660 feet of the property boundary.

Jonathan said there is no reason not to have surface drilling on the Newfield site.  EMC recommended only subsurface drilling.  Our property is not superior, and there is no reason to prefer drilling on neighboring property.

Dooley noted that Katie Borgella had been involved in the leasing proposals on County land, and Katie agreed to review the documents.  Copies will also be provided for ERC.  Further discussion will occur at the March Planning Committee meeting.

III Planning Department

G Waterfront Revitalization Update

Joan Jurkowich said work on the LWRP has been conducted by Tom Niederkorn, Rick Manning, and staff members Katie Borgella, Tom Mank and herself.  Adoption of the Plan could provide access to funds.  Seven organizations (City of Ithaca, T. Ithaca, T. Lansing, T. Ulysses, V. Lansing, V. Cayuga Heights, and Tompkins Co.) contributed to development of the Plan, which was funded by a Dept. of State grant to the City of Ithaca, and they then contracted it out to TCPD, who hired the consultants.

The final draft document will be presented to involved municipalities and the public, and on March 16th there will be a public meeting at 10 AM at the Women’s Community Building.  Then they will ask for adoption by the six municipalities, the BOR, and New York State agencies.  If that process is successful, it then becomes State policy.  It provides that state projects be consistent with the Plan, plus eligibility to apply for grants.

The Plan contains an inventory of natural, historic and scenic resources; land use and land ownership in the waterfront area; zoning; public utilities; and recreation resources and facilities.  The Plan began with public meetings and input, and has six priorities:  lakefront access, trail development, park enhancement, noise control and boating regulations, dredging, and redevelopment of the City of Ithaca waterfront properties.  There are two County-related issues:  DOT site redevelopment, which will be worked out after DOT moves and the site goes to the County.  Also, the Open Space Preservation Fund to acquire land for public access to Cayuga Lake.

Feedback from committee members is requested by March 20 to Joan, Tom Mank, Tom Niederkorn, or Rick Manning. Dooley asked members to please spend time examining the areas in the draft that apply to the two county-related projects.  She also requested that the county-related projects be identified when the draft is provided to other BOR members.

Tom Niederkorn said this has a complex adoption process, and it is an all-or-nothing situation.  The Town of Lansing agreed to be lead agency for the SEQR purposes.

Nancy Schuler said the Recreation Facilities Subcommittee of Health and Human Services Committee spoke about some issues in the draft, and she asked how they dovetail.  Joan said some ideas have been mentioned, but there are no specific recommendations about the golf course.  Section 2 lists ideas received by the committee.  Sections 4 and 5 are projects and recommendations.

Nancy Zahler said the Recreation Subcommittee has been reviewing many aspects of facilities – ownership, use, etc.  Joan noted the plan had a committee structure that included municipalities and businesses.  Nancy Zahler said the question has been raised about the County contributing more recreation funds, especially to Cass Park.  Joan said they did not address ownership or maintenance, but did recommend a master plan for Cass Park.

Nancy Schuler said the timelines of this plan and the Recreation Subcommittee don’t jibe.  Tom Niederkorn said there shouldn’t be a contradiction between this plan and the actions of the Recreation Subcommittee in terms of ideas.  The original Waterfront Revitalization committee spoke about securing lakefront parcels for public access.  Peter said these issues include many of the same people and interests.  Efforts need to be made to coordinate revitalization and recreation.

Joan said this document requires future projects be “consistent” with these recommendations once the document is adopted.  Frank asked how future changes can be addressed.  Joan said it is not easy to amend; actual changes would need to go to the state level, which is why this plan is not written with specific language.

Kathy Luz Herrera asked what “lead agency” meant.  Joan said it is for the SEQR review.  The Town of Lansing has the most shoreline and undeveloped land, but all of the involved municipalities are equal partners.  This designation is for the Environmental Review only.

Frank asked what dates the committee should be watching for.  Joan said they are currently going through the municipal presentations and other official steps.  They hope to submit it to the State in June.

Dooley was glad the study had been done of possible addition public access sites.  She said she disliked the term “moderate boat traffic” mentioned.  She feels the south end of the lake has higher use and may be near its carrying capacity.  She mentioned understanding of inability to itemize dredging issues.  Joan said the dredging issue is very complex.  No dredging disposal site was identified, and that was one delay in presenting this final draft document.  Nancy said she hoped they were interacting with the Sheriff on the boat regulations, and Joan said they are.

H Vital Communities Initiative Principles

Ed Marx said a meeting is being planned to explain VCI principles to the new members of the BOR and any other interested members.  Joan said 35 presentations have been made to municipalities and community groups, and three more are scheduled.  The display has also been out in the community.  Response has been good.  One set of revisions has been done to the principles, and they expect some more minor changes.  The principles were developed through the stakeholder workshops and the steering committee.  VCI has received more support than Joan expected.

Joan said we can’t answer the question, “How are we going to do it?” yet.  The Department hopes to develop a toolbox to help implement the principles.  The County does not have a regulatory capacity, but does have a leadership role.

Peter said he only experienced positive feedback.  He wondered if we can get written support from municipalities before we proceed.  The County doesn’t have land regulatory authority, so it is important to get support of all BOR.  Joan felt the County can have an impact on the future and should step forward.

Dooley asked if municipal adoption had been sought.  Joan said they did not seek it.  They wanted to have BOR adoption first, then try to incorporate VCI into County actions.

Ed said on 3/26 he will discuss this when he goes to the Municipal Officials Association meeting.  He agrees that the County should lead.  The principles are a basis for a comprehensive plan.  He would be reluctant to wait to adopt the principles until all municipalities edit and agree on one document.

Dooley asked if principles reflect input from municipalities.  Ed said wording of the resolution needs to include purpose and intent.  Joan said the stance should be, “This is what we’re working toward, won’t you join us?”  Nancy expressed interest in getting feedback from Ed after the Municipal Officials meeting.  Katie Borgella said the VCI team values committee member input and ideas for proceeding in getting a resolution passed.  They can seek letters of support and are willing to provide speakers for the April BOR meeting.

Peter said he would be willing to ask the municipalities he represents to adopt resolutions of support.  Kate Hackett said they will want to know two things -- what the County action will be, and what are municipalities encouraged to do with the principles.  Copies of the PowerPoint slides were distributed, and she noted this is a summary of the presentation material.

Dooley had comments from herself and from Leslyn McBean, which she shared. In the first paragraph of the Introduction, “Efforts are underway”, by whom?  Third line, “Through this initiative we can build”, who is we?  Principle 1, third bullet, it would be good to mention historic and cultural preservation.  Principle 2, reduce amount of government owned / tax exempt parcels.  Does everyone know what “infill” means?  Principle 3, bullet 2 – somehow holding landlords accountable, end veiled discrimination.  Single room occupancy is not one of your housing options.

Joan said all comments are being collated and submitted to the Steering Committee.  Nancy said they should seek a balance of specific and general wording.  Frank said laws are in effect about some items, but beautification laws are unenforceable.  Some other issues are the responsibility of the Health Dept.  Dooley said this highlights and supports existing laws.

Continuing comments:  on Principle 5, second bullet – “Encourage new farming operations” without regard to size.  Principle 6, first bullet – “through vertical growth where appropriate” with neighborhood support.  Principle 7, first bullet re bicycles – with adequate lighting and help call boxes.  Second bullet re biking-to-bus service – include bike shelters.  And a general comment about transportation options – Easily renewable bus/transportation cards, government subsidies to reduce emissions, environmentally friendly vehicles.  Nancy commented that she would love to see a train return to the community.

Joan mentioned again that Planning Department staff will have a meeting for new BOR members.  Frank asked if they would contact other municipalities who have not had the VCI presentation.  When the presentations were made it was probably the towns’ first exposure to VCI, so now would be a good time to contact these groups again and ask for feedback.  Joan said they tried to contact each municipality at least two times, and plan to contact the groups who had presentations for feedback.  Nancy suggested that Wendy Skinner be notified of their efforts, which are commendable.

I Resolution:  Authorizing Submittal of 2002 Small Cities Community Development Block Grant Program Application to Continue the Tompkins County Homeownership Program (VI)

Moved by Nancy, seconded by Peter.  Dooley asked how information mentioned in first Whereas clause was gathered.  Katie Borgella said formal requirements are met primarily through a public hearing.  There was a pre-application published in the Ithaca Journal on a recent Friday.  On Monday BHTC received twelve calls from people who wanted to apply.  Joan said need is also exhibited by a continued waiting list for the program.  Ed said applicant workshops have no vacancies remaining for this month and next month.

Passed 4:0.

RESOLUTION NO. ____  -AUTHORIZING SUBMITTAL OF 2002 SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION TO CONTINUE THE TOMPKINS COUNTY HOMEOWNERSHIP PROGRAM (VI)

 WHEREAS, Tompkins County has completed a process of investigation in its community to determine community development needs for the current year, and
 WHEREAS, the Small Cities Community Development Block Grant program is an important source of funding to address community development objectives in the County, and
WHEREAS, the Tompkins County Homeownership Program has been funded through five separate CDBG grants since 1993, and has proven to be very successful in meeting an important community development need in the County, now therefore be it
 RESOLVED, on recommendation of the Planning Committee, That Tompkins County is hereby authorized to apply for funding in the 2002 round of Small Cities CDBG funding for the Tompkins County Homeownership Program (VI),
RESOLVED, further, That the County Administrator or his designee be authorized to sign all documents related to the submission of the Small Cities CDBG application and any materials required by the Governor’s Office for Small Cities.
SEQR ACTION:  TYPE II-20

cc: Administration - via Network
 Planning

V Resource Conservation & Development

L Report

Madison Wright was present to provide information about RC&D.  Their mission is to strengthen rural communities through wiser use of resources.  Participation is voluntary.  RC&D adopts projects, but has no monitoring function.  Examples include aiding Candor commercial activity to improve marketing efforts, and helping the College of Forestry develop enough fuel from trees to provide electric power (Willow Biomass Project).  Foresters usually don’t interact with farmers or USDA, so RC&D participated.  RC&D also recently sponsored a conference in Binghamton on agro-forestry.  RC&D also supports the venison donation program, which aided in the donation of over 13 tons of meat to food banks last year.  There is an article in today’s Ithaca Journal about the venison donation program.  As soon as RC&D finds a sponsor for the butchering phase, they will bow out.  Peter suggested auto insurance companies.  In Senator Hoffman’s district, RC&D has helped boost rural tourism.  RC&D also helped implement an intensive grazing program in Rep. Walsh’s district.

Dooley suggested that the Ag & Farmland Protection Board might be another reporting spot, and suggested that Mr. Wright explore their functions.  Frank said RC&D is broader than AFPB.  He speculated there might be some RCD money for waterfront programs.  Mr. Wright said there must be a local initiative to implement a program.  RC&D can react to county inquiries.  They usually respond to local groups who need help, find a sponsor, and get the program going.  In some cases they help research grant opportunities.  There is no ongoing involvement.  Each local council controls its own projects.

Dooley asked if organic food processors could contact RC&D.  Mr. Wright said yes, they can address things not supported by the Cooperative Extension.  These are finite programs.  He provided copies of the 2001 Annual Report, noting some projects listed have been wrapped up already.

Dooley noted the bylaws sound like there is one county representative, and a Soil & Water Conservation District or an at-large appointment.  Frank asked if Ed Marx was familiar with RC&D.  Ed said RC&D usually worked with SWCD and Cooperative Extension in Oswego County.  Frank asked about a ferry or riverboat project being possible.  Mr. Wright said the tourism aspect is okay.  Dooley said with this information, it seems appropriate for him to report to the Planning Committee, but she encouraged him to visit the Ag & Farmland Protection Board.

Craig Schutt said he and Mr. Wright attended the national RC&D conference and found it very interesting and informative.  Over the past several years, RC&D has gotten larger percentages of  appropriation increases than USDA has received.

IV Soil & Water Conservation District

K Report

Craig Schutt handed out the 2002 Annual Plan and outline of activities.  Page one of the activities listed grant monies that have been applied for.  Page two provided information on the Envirothon, current projects, earned income programs, staff training, RC&D national conference, and status on reimbursement from the state through the Environmental Protection Fund.

Nancy asked what the Envirothon is.  Craig said it is a competition that tests the knowledge of teams of high school students.  The topics are wildlife, aquatics, forestry, soils and current issues.  Last year our team placed fourth in the state.

Craig said the Solid Waste Division has been extremely helpful and supportive of the Agriculture Pesticide Clean Sweep days.  Peter asked what the hydroseeder was.  Craig said it is equipment that was purchased last year with FL-LOWPA funds, and it is used to spray a mixture of water, mulch and seeds (and sometimes fertilizer) onto large areas that do not have vegetation.  The equipment is available for municipalities, groups or individuals to borrow.

Dooley asked if Craig received information from EMC regarding listing of an invasive species on the seedling list of items for sale.  He did not recall any contact, and Dooley will follow up on this.

VII Water Resources Council

N Water Quality Strategy

Frank said the Water Quality Strategy is being developed.  Prioritizing aquifers is an issue in the Strategy.  The Strategy will be submitted to the Planning Committee in March, then to the BOR.

VIII Appointments

O Water Resources Council

Slate as submitted by Water Resources Council was moved by Frank, seconded by Peter.

Dooley asked if this included recommendations from the Municipal Officials Association.  Kate Hackett and Frank said the nominating committee did not have any response from contacts with the Municipal Officials.  Dooley said she spoke recently with Doug Austic, Chair of the Municipal Officials Associations, who said they will act on this at their March meeting.  She  would prefer to wait until then.  Kate and Frank reiterated that MO had several opportunities to suggest applicants.  MO will not meet in February, and Frank objected to the delay.

Motion by Nancy to separate the slate, and vote on appointments of Steve Colt, Roxy Johnston, Martha Armstrong, Dave Bouldin, Craig Schutt and Molly Adams.  Seconded by Peter.  Passed 4:0.

Motion by Peter to postpone appointments to Municipal Government seats, seconded by Nancy.  Yes 3 (Dooley, Peter, Nancy): No 1 (Frank).

Kate noted that WRC still needs a liaison from the BOR.

IX Adjournment

The meeting was adjourned at 4:35 PM.