Other Legislator Present:  Dooley Kiefer

Staff:  Katie Borgella, T C Planning Dept.
  Heather Filiberto, TCPD
  Chrys Gardener, Cooperative Extension
  Kate Hackett, TCPD
  Joan Jurkowich, TCPD
  Jackie Kippola, T C Administration
  Ed Marx, Planning Commissioner
  Monika Roth, Cooperative Extension
  Wendy Skinner, T C Public Information
  Kathy Wilsea, TCPD

Guests : Todd Schmit, Water Resources Council
  Andrew Tutino, Ithaca Journal
  Scott Wiggins, Strategic Tourism Planning Board
  Andy Zepp, Finger Lakes Land Trust

I Administration

A Call to Order – Chair Kathy Luz Herrera called the meeting to order at 2:32 PM.

B Changes to the Agenda – Mike Lane asked to include a resolution recommending Empire Zones in all counties.

C Approval of 3/30/2004 and 4/7/2004 Minutes – Both sets of minutes moved by Dick and seconded by Leslyn.  Dooley Kiefer suggested correcting the spelling of Larry Baum’s name in the guest list of the 3/30 minutes.  Leslyn corrected the anniversary of AME Zion Church from 150th to 170th  in the 4/7 minutes.  Passed unanimously.

D Consideration of request from Dooley Kiefer to amend the 3/3/2004 Minutes – It was unanimously agreed to append the written request to the previously-approved minutes.  Frank Proto requested that the record simply reflect motions and actions, per Roberts’ Rules of Order.  He suggested changing the type of record usual for this Committee to “Summary of Meeting.”  Administrative Policy for minutes was attached to the agenda.

E Appointment to Forest Practice Board – The Appointment of James H. Wilkins III to the Industrial Representative seat for two years was moved by Frank, seconded by Leslyn, and passed unanimously.

F Announcements – Kathy Wilsea announced the training dates that have been scheduled for the Natural Resources Inventory on the internet.  Dates are 5/11 at 7 PM, 5/19 at 10 AM, and 6/3 at 2 PM.

II Strategic Tourism Planning Board

G Beautification Grants Update – Chrys Gardener passed out a revised list of grant applications and oversight committee recommendations.  She said the grants were limited to rural sites this year, and the sites are widespread.  She noted the one application that was not recommended for funding:  the Tutelo Park in the Town of Ithaca lacks high visibility, and the proposed planting location at the rear of the park would eventually be obstructed by trees planned near the front of the park.

All project applicants were required to provide letters of support.  There will be a smaller round in the fall to finish spending the remaining funds, and applications will also be limited to rural areas.  This program was designed for rural areas because the City of Ithaca got $15,000 for beautification of The Commons.

Discussion followed on the application for a memorial planting around North Point Pavilion at Taughannock Falls State Park.  Chrys said this is a small part of a large project, and the family will arrange long-term care.  The review committee wondered if this is a gray area.  The project will happen even if this application is not funded.  All beautification grant projects post a metal plaque, 8 ½” x 11”, stating the project was funded in part by the program.  Scott Wiggins noted this is the first time such an agreement for a memorial has been reached with a state park.

Mike moved to approve the grants, which was seconded by Leslyn.  Leslyn then moved to separate the memorial grant, seconded by Mike.  Vote was 4:1 (Frank) to separate the issue.  Vote to approve all but separated memorial item was 5:0.  Motion was made by Mike to approve the grant for the memorial garden, seconded by Dick and passed 4:1 (Leslyn).

Frank asked Chrys if there was hope for enforcement of littering laws.  Chrys said the Sheriff feels he doesn’t have adequate manpower, but the City of Ithaca Police Chief is willing to try an education and enforcement campaign in the city.  Chrys is suggesting community service for offenders.

Jackie Kippola and Scott Wiggins asked to address the Committee for STPB.  Scott said STPB wants to purchase a bench for $2,000 on the Cayuga Lake Waterfront Trail, to be placed near the Convention & Visitors Bureau with a plaque dedicating the bench to Bridgette Berry.  They propose using funds from the reserve account.  Mike asked if the goal was to provide a bench or to honor Bridgette.  Scott said the intent is to honor Bridgette.  Frank moved to approve expenditure of $2,000 to purchase a bench in honor of Bridgette Berry.  Leslyn seconded but amended the motion to approve expenditure of $2,000 to purchase a bench for enhancement of the trail and that will also honor Bridgette Berry for her service.

There was discussion on the appropriateness of dedicating the bench to Bridgette.  Scott said STPB has a grant process that would pay for the bench in support of the trails network, but they have no process to honor an individual.  Mike said he didn’t support this, while acknowledging that Bridgette did a good job he feels it’s not appropriate.  Leslyn agreed, saying she adores Bridgette and feels putting a bench on the trail is OK, but disagrees with dedication.  Kathy said she felt she was in a difficult position, as she likes to have the waterfront appreciated and used.  Frank said the guidelines are carefully constructed for the tourism grants, and this is quasi-tax money.  County tax money went to renaming Culligan Drive, Dates Drive, and the Heyman Conference Room.  Leslyn saw his point, in that there is a plaque in the conference room honoring Scott Heyman.  Motions were withdrawn, and a draft resolution was distributed by Jackie Kippola for consideration.

Scott Wiggins announced that Fred Bonn has been selected as the next Director of the Convention & Visitors Bureau, as a replacement for Bridgette.

III Planning Department

H Commissioner’s Report – Ed Marx reported that he has been discussing a technical assistance contract with the Town of Danby, and expects that to be finalized soon.  He attended some study circles held by Sustainable Tompkins, and said some of their points are similar to the County Comprehensive Plan, especially their goals on compact/dense development.

I Comprehensive Plan Update – Presentations and Open Houses continue in the municipalities.  There will be a presentation to the full Legislature on May 18th.  After that there will be discussion at PDEQ, and Ed wondered if members wanted a special meeting.  It was tentatively planned to expand the regular PDEQ meeting of June 2nd to three hours (2 to 5 PM), with the Comp Plan item being first on the agenda.  Also possible is a special meeting prior to the Legislature meeting on June 1st.

J Rollover Request – Ed said $28,300 is needed in 2004 to cover activities budgeted last year that did not occur until this year.  The main use of this sum is for the Comp Plan fiscal impact analysis and printing costs.  Ed said the fiscal impact study is important, and a consultant is being selected.  Leslyn asked about the line for a computer.  Joan said the Intermunicipal All-Hazard Mitigation Plan is an extensive document, and a tracking process is available on a program from the Federal Emergency Management Agency to keep it current.  The Planning Department does not currently have equipment that is capable of running the program.  Another item is printing the Environmental Directory, which is being updated by EMC.

Mike moved to approve $15,000 for use in 2004.  Frank sought clarification that TCPD chooses how it is spent, which Mike confirmed.  Motion seconded by Dick.  There was discussion on process, and Frank said a rollover process is in effect, and if changes need to be made to the process it should be discussed as a policy change for 2005.  Kathy agreed it was unfair to change the rules now.  Committee members have praised TCPD for their work interacting with the public on the Comp Plan vision.  This proposal takes away the means to accomplish the goal.  Mike said Legislators need to start doing things they don’t want to do in terms of the budget.

Joan Jurkowich said the Planning Department tried to be fair and not ask for all of the rollover at once.  Ed said the department has given back rollover in the last two budget discussions.  This request is only for part, and is for items that were already budgeted in 2003.  Leslyn noted the computer was not mentioned previously.  Ed said municipalities are meeting the cash expenses for development of the All-Hazard Mitigation Plan.  This update & monitoring system from FEMA can provide efficient updates.  If not approved for 2004, he will try to get it in the 2005 budget.  The County has not contributed any cash to the plan development.

Regarding the motion to approve $15,000 rollover, vote was 2 (Dick, Mike) :3.  Motion failed.

Frank moved to approve the rollover request.  Seconded by Leslyn.  Leslyn proposed changing it to $25,300, which passed by vote of 4:1 (Mike).

K Resolution:  Approval of Agreement for Agricultural and Farmland Protection Implementation Grant

Ed provided an amended draft resolution, noting the removal of the brackets would cover the full proposal.  Dick moved the amended version of the resolution in its entirety.  Seconded by Leslyn.

Frank reported that the Ag & Farmland Protection Board met last week.  They support having Finger Lakes Land Trust hold the easement.  They conducted discussion about having municipalities hold easements, and agreed that in the future the application process will include approaching the municipality about holding the easement.  AFPB also supported the original application amount.

Mike said he doesn’t support this.  It takes a sovereign right and gives it to a not-for-profit agency.  The easement should be held by the County or municipality.  He said Tompkins County has administered a land program for ten years.  The County could contract for management of the easement.

Frank said we can’t change our obligation now.  Monika Roth agreed, saying it is a term of the grant.  The Town was approached but only wanted to be a pass-through, as Tompkins County is ending up.  The State money has to go to a municipality.  She thought it would be AFPB when she did the application.

Ed said he has reviewed the options since the last meeting of PDEQ.  The three options are:  Finger Lakes Land Trust holds the rights, Tompkins County and FLLT co-hold the rights, or Tompkins County holds the rights.  If the County held them solely, Andy Zepp had told Ed that he felt FLLT would not want a monitoring contract.  Dick wanted clarification that FLLT was interesting in holding or co-holding the rights, and Andy Zepp said that is correct.

Dick amended his motion.  He moved to adopt the new draft resolution in its entirety and add language re co-holding.  Mike said FLLT’s reluctance to co-hold shows their interest in sovereignty over the property.  He warned that joint holding means Tompkins County can’t make changes.  Frank asked if there is future obligation.  Ed said there might be if a member of the public said the easement is not being enforced.  Dick speculated that there might be some liability in case of injury on the property.  Andy Zepp pointed out that NYS Ag & Markets also retains a legal interest.  FLLT feared being caught in the middle, and they feel continuity and clarity are important.

Frank said AFPB was adamant that the County should not hold the easement.  They felt it was okay if the town wants that role.  They prefer that FLLT hold the easement alone.  Frank moved to amend by deleting the proposed amendment re co-holding.  Motion not seconded.  Mike said he would vote for Dick’s motion with the co-holding resolved clause inserted.  Dick reiterated the motion on the floor is the new draft resolution in its entirety with language on co-holding.  The third Whereas clause will include acreage of the farm.  The third Resolved clause reads:  “Resolved, further, that the County Administrator is authorized to enter into an agreement with the Finger Lakes Land Trust for implementation of this project, including co-holding of this easement by Tompkins County.”  Passed by vote of 4:1 (Frank).

L Resolution:  Authorizing Multi-Year Aquifer Study Agreements

Kate Hackett was present for discussion.  She said the resolution should be amended in the eighth Whereas clause so the cost of the Dryden studies becomes $432,024 instead of the $423,699 figure in the draft.  As Dooley Kiefer had not been able to stay for the whole meeting, Kathy Wilsea read her suggested amendment for the first Resolved clause:  . . . “Planning Department is authorized to negotiate multi-year aquifer study agreements that provide partial include partial County funding for the completion of aquifer studies . . .”

Frank moved the amended resolution, and Leslyn seconded it.  Passed unanimously.

IV Environmental Management Council

M Resolution:  Establishing a Renewable Energy Standard for County Electricity Use

Heather Filiberto was present to provide background.  She said the 5% goal came from EMC, and options for implementation include use of windmills and purchasing green tags for a percentage of the County’s power use.  She said costs are coming down, and wind is almost competitive now.  Mike said that was well said and correct, but the Committee needs to know the costs.  Frank said Steve Nicholson’s estimate was around $6,000, but it may be 20 years before wind power is competitive.  Kathy said she wants to provide leadership.  Most of Tompkins County’s quality of life is based on our environment.  This commitment is long range and shows leadership.  She supports it as a goal worth reaching for.  Mike said the resolution could be reworded to make it a goal rather than a commitment.  Committee members concurred that cost information was necessary.  The resolution will be brought to a future meeting.  Mike mentioned the commitments made recently by Tompkins-Cortland Community College to purchase sustainable energy.

Addition to Agenda:  Resolution:  Seeking Expansion of Empire Zones to All Counties -- The resolution passed by the Tompkins County Legislature last year and Resolution No. 69 of the Schoharie County Board of Supervisors were distributed.
 
V Water Resources Council

N 2002-2003 Annual Report & 2004-2005 Workplan – Todd Schmit, new Chairman of the WRC, was present to discuss the documents.  Todd said he also is a member of the Caroline Town Board, and they recently made a commitment to purchase wind power.  The price is currently 1.9 cents per kilowatt hour more than fossil fuel.

Todd reviewed the highlights of the Annual Report, which were prioritization of aquifers for study, providing support for municipalities as the EPA Phase II Stormwater regulations come into effect, and development of the personal watercraft recommendations.  Frank said this is a good group to chair, there are always lots of compliments for Kate’s work, and DEC admires the WRC.  Dick asked what Kate considers to be the priority water resources problems for Tompkins County.  Kate said the State designations would be used.  Most problems culminate in the southern end of Cayuga Lake, which is impaired due to sediment, phosphorus and (new this year) bacteria.

[Leslyn left at 4:30.]

Todd reviewed some of the goals of the Workplan and said the goals are coordinated with specific objectives.

Addition to Agenda:  Resolution:  Seeking Expansion of Empire Zones to All Counties

Mike noted this is the same resolution passed by the County Legislature last year.  Frank said he doesn’t support this, as the effectiveness of Empire Zones is under study.  Dick said all states that have development zones examine their programs periodically.

Mike moved addition of the resolution to the agenda, which was seconded by Dick and passed 3:1 (Frank).

Mike then moved the resolution, which was seconded by Dick and passed 3:0:1 abstention (Frank).

VI Adjournment

The meeting was adjourned at 4:45 PM.