MINUTES
PLANNING, DEVELOPMENT, AND ENVIRONMENTAL QUALITY COMMITTEE
(Tompkins County Legislature)
MAY 7, 2003 - 2 P.M.
HEYMAN CONFERENCE ROOM
Members Present:    Kathy Luz Herrera, Dooley Kiefer, Mike Lane, Peter Penniman, Dan Winch

Staff Present:        Katie Borgella, TCPD; Joan Jurkowich, TCPD; Ed Marx, Commissioner, TCPD; Heather McDaniel, TCPD; Monika Roth, Coop. Ext.; Debbie Teeter, Coop. Ext.; Jackie Thomas, T C Admin.; Kathy Wilsea, Secretary, TCPD

Other Legislator Present:  Martha Robertson

Guests:        Theresa Alt, T C Living Wage Coalition; Martha Armstrong, TCAD; Abigail Losh, Eagle Broadcasting; Steve Nicholson, EMC
            Bob Steinkamp, Eagle Broadcasting

I    Committee Administration

A    Call to Order

Chair Mike Lane called the meeting to order at 2:10 PM.

B    Agenda Changes

A discussion on budget rollover for the Planning Department will be added to the beginning of the agenda.  Dooley requested discussion about the old City dump / Benderson Development building site, and that will be added after item VII.

C    Approval of Minutes

Motion by Kathy to approve the minutes, seconded by Dan. 

Changes were submitted by Dooley and Kathy.  Page 2, second full paragraph:  “Dooley asked if her assumption that as Light in Winter program goes forward any First Night celebration recedes is correct.” replaces “Dooley said she presumed the development of the Light in Winter program would mean arrangement for a First Night celebration would cease.”  Page 4, end of top paragraph:  “Dooley said there is a timetable of cost estimates Dooley said cost estimates can be used by a municipality to develop a timetable and accrue the needed funds over some number of years.”  The beginning of the next paragraph has this addition:  “The Planning, Information and Education section indicated that a sewer lines map is being completed.  Joan said a water lines map already exists.  TCPD does not have maps of other utilities (cable TV, electricity, gas pipelines), although the utility providers might have that and choose not to share it.  Ed said security concerns are one issue about releasing this kind of information into the public domain.  Peter said having such information available might help with rural economic development.  Mike asked what LUNR maps are, and Joan said that is land use and natural resources.  Dan said he had problems understanding the acronyms throughout the Work Program.”  Page 7, final TCAD paragraph:  “Martha invited committee members and other representatives to contact her with any questions about the ED Strategy.  She said the next step is a 4/21 meeting, the first meeting of the 5-person steering committee.  Dooley asked if there are any representatives from the local alternatives/Hours economy.  Martha said that is likely to happen if we have focus groups again.”  Page 7, First paragraph in item N:  “Barbara Blanchard said the ITCTC Policy Committee will ask the Government Operations Committee to look at this process, as examination of “red circle” position salaries involves unequal scrutiny and causes unnecessary delays.”  Page 8, “Kathy said this is a City land use issue, but the site is in her district.  Kathy has been participating in this process as a neighborhood resident.”

The minutes were approved by unanimous vote.

D    Announcements

Mike said he met with Carl Fener and Pete Meyers; the Living Wage Coalition is pursuing a resolution from the City of Ithaca on their principles.  A similar resolution will also come to this committee.  Theresa Alt said they want to start looking at ideas from the public and invited people to bring them ideas.

Addition to Agenda – TCPD Budget Rollover

Ed Marx said the Planning Department is not asking to use any 2002 rollover this year.  He provided copies of the summary in case committee members did not have theirs with them.  Mike said he didn’t know if the Budget and Capital Committee was recommending changes.  Dooley felt the committee should be familiar with the source of rollover funds.  Ed said detailed information was provided in the categories.  Some came from vacancies, postponed actions, grants, and unanticipated revenue.  Dooley felt details should be provided on money from previous years.  Mike asked if it was more than anticipated, and Joan Jurkowich said it was a little more.  Ed said the Department made a concerted effort to save.  Dooley asked if “Available from 2002” and “Available from 2001” add up to the surplus from 2002.  Joan said it includes the “other” category, and standard categories were used.  Some rollover was used from previous years, and they did not distinguish the original source.  Dooley said she thought the Budget and Capital Committee wants source information.  Peter said his approach is that previous rollover had harsh scrutiny, and some was taken away.  He felt that type of scrutiny can wait until the full budget process.  Mike concurred, unless the B&C develops a policy sooner.  He noted there is no current request to use rollover.  Peter felt B&C should develop an overall policy. 

Kathy wanted to know what happened previously.  Mike said there usually was a request to use it, which would be examined.  Kathy felt it was OK to approve for 2004.  She said the Planning Department played by the rules in the budget process and should have some security.  Peter said what was “usually done” was inconsistent.  The Legislature could disqualify the rollover, or look at specific requests.  He said this department generates rollover, so can their budget be reduced?  Mike thought that was difficult to decide at this point.

Dan asked what is the goal of today’s discussion.  The rollover is certified.  He saw no reason to discuss where it came from.  He asked if there was a plan for it.  Mike said the committee can approve or disapprove this rollover for use by TCPD, or hold it in abeyance.  If we don’t act, it doesn’t go away, it just means it hasn’t been authorized.  Ed said the current year has uncertainty, and it’s premature to discuss this so early in the year.  He perceives a need for the funds in the future without knowing the specifics.  He and Joan will be prepared to discuss that further during the budget process.

Martha Robertson said the Health & Human Services Committee reviewed a request this morning.  They discussed it, and wanted to know what the numbers represented, but didn’t take other action.  Steve Whicher and Jackie Thomas are providing more information.  She went on to ask about the status of the federal grant for the Vital Communities Initiative.  Joan said they anticipated getting that grant, but it is on hold at the federal level.  That is not a factor in the rollover.

Kathy said she saw today’s discussion as just getting familiar at this point.  Mike agreed it is not a time for other action, unless someone wanted to make a motion to turn the money over to the general fund, which he did not advocate.   Dooley said she anticipates surplus in TCPD again.  Joan made committee members aware that the previous rollover ($132,000) was anticipated for use in 2004-2005-2006 to cover the Department’s three-year transition plan.

II    County Policy on SEQR

E    Review of Final Draft

Ed said a lot of time has been spent reviewing the County’s policy on the State Environmental Quality Review Act and gathering comments.  He was ready to ask the Committee to approve the draft at this point.  The Environmental Management Council, County Attorney, and others have commented.  Dooley asked about the comments from EMC, and Ed said they were perfectly comfortable with this version.  Peter made a motion to approve the draft, which was seconded by Dooley in order to open it up for discussion.

Dooley questioned the opening language, and Ed said all County administrative policies are being reviewed, so they will be reviewed for format consistency.  His concern was if the substance is ready to go.  Ed noted that opening language was not questioned in previous drafts. 

Dooley pointed out that on page 1, item 3, it said the Industrial Development Agency will follow their own adopted procedures.  IDA doesn’t have any yet.  She felt is should mention use of County procedures until IDA adopts their own.  Ed said the County can’t determine IDA policy, which has been a subject of discussion with the County Attorney.  Jonathan Wood has stated it is inappropriate to put in such language.  Dooley wanted “until such time as” language added. 

Dooley wanted to drop the last sentence regarding which agency will be lead if IDA and County are the only involved agencies.  She suggested language be inserted that the IDA could make use of the Planning Department expertise.  She also wanted IDA and County Legislature listed as involved agencies in projects that require IDA bonding.  Ed said IDA will probably have procedures by the time this takes effect, as they are very close.  Martha Armstrong agreed that they are reviewing a draft and expect to act in July. 

Dooley said EMC’s Environmental Review Committee looked at thresholds and had recommendations.  Language should be parallel in IDA and County policies.  Ed said the County Attorney suggested this language about IDA having their own procedures.  IDA is always subject to NYS law.  Martha Armstrong said IDA counsel recommended adoption as a guideline, as the law keeps changing.  Katie Borgella said he seemed to change his comments later, and was comfortable with IDA adopting a policy, as long as there is language which allows them to act differently in special circumstances.  Mike said whether IDA calls it guidelines or policy doesn’t matter to him.  IDA being the lead agency is rare.  The municipalities are usually lead agencies.

Dooley had suggestions about reordering paragraphs titled Type II Actions, Unlisted Actions and Environmental Assessment Forms.  Ed said he had no problem with those suggestions.  Regarding page 4, Dooley wanted legislators to be notified if a project is in their district.  This will be part of the PAR (Project Approval Request Form), but she wanted it inserted because PAR is not final.  Dan felt she was moving out of policy to procedures, but Dooley said they are mixed together.  Katie said it could be added to Section 9, Referral of Unlisted and Type I Actions.  Dooley also commented if SEQR action is not required, no legislators would be notified.  Ed said that the SEQR policy does not address how we generally do business as a county.  SEQR procedure is not a mechanism for notifying legislators about the activities of County departments.  Dooley felt if a project had significant impact, the program committees and Legislature should get project information.  Ed asked how that differs from providing information about projects in districts to legislators.  Dooley felt notice could go to all legislators.  This alerts them about projects.  Kathy felt this method obstructs the intent of this policy.  Dooley said she was proposing it as an idea, and did not have an implementation plan.

Dooley interpreted the draft policy as saying the Draft Environmental Impact Statement should come from the sponsoring agency, and the Planning Department would therefore never oversee an EIS.  Ed said it is the responsibility of the sponsoring agency.  Dooley said  “Refer to Planning Department” means the Planning Department would never be responsible to originate.  Others didn’t feel TCPD’s review role precluded drafting an EIS.  Mike said although TCPD is not a responsible agency, they would help write an EIS if needed.  Ed said some EIS preparations require outside expertise.  Martha Armstrong suggested adding “and/or other appropriate agencies”.  Ed said it’s important for the Planning Department to review EIS documents; that role shouldn’t be given up.

Dooley felt “preparing and issuing” was preferable to “making” a findings statement.  SEQR law says we “may” hold a public hearing for an EIS, but Dooley would like County policy to state we “shall” hold a public hearing, noting we very rarely have EISs.  Ed preferred to maintain flexibility.  The Planning Department is committed to extensively reviewing draft and final EIS documents.  Dooley preferred to guarantee a public hearing.  Mike asked other members if they wanted the document to guarantee a public hearing, and Kathy, Peter and Dan said no.  Mike said he agreed with them and it will be left as the state statute governs public hearings.

In review, the policy was revised to include: 1) notification of the legislator representing the district in which the project is locates, 2) change wording from “making” a Findings Statement to “preparing and issuing”, and 3) reordering three paragraphs.  Vote was 4:1 (Kiefer) to approve the draft.

III    Neighbor Notification Law

F    Implementation Update

Monika Roth was present from Cooperative Extension to provide an update.  She said the stakeholders group met on 4/11.  She felt the cool weather this spring contributes to low interest in lawn care activities.  The commercial spraying industry has been addressed with a meeting and some mailouts.  The garden center retailers have also been addressed with a meeting and mail.  She noted that Don Ellis of Weights & Measures has been visiting retailers to check for signs.  They had two meetings for the public.  Cooperative Extension has begun to get some phone calls on the subject.  The public is confused about the differences between their obligation when they spray their own lawn and what happens when they hire a commercial sprayer.

Monika said they feel there is a need for more media coverage and information in the garden centers.  The Health Department has also developed a handout that answers frequently asked questions.   The brochure developed at Cooperative Extension focuses on the consumer.  She felt these brochures are easier for the public to understand than the DEC information format.  She said she needs to keep sending out information that weed & feed products contain pesticides.  She will be following up with landscapers to check on their pesticide usage.  She thought many switched to exempt materials.  Several have commented to her that they are not spraying anymore.  Retailers have been good about posting information, and call if they have questions.  “Good Growing” had a little blurb on the radio, but Monika didn’t think it gave adequate information.  The Cooperative Extension Grow Line volunteers have been trained.  The Health Department is not getting a large volume of calls.  She is keeping track of her hours for implementation of this law.

Dan asked if the radio segment was misinformation or missing information.  Monika said it was too brief, not incorrect.  Martha Robertson asked if sprayers need to post lawn signs, too.  Monika said yes, that signage law for commercial sprayers was in effect before Tompkins County adopted NNL.

Monika asked if Cooperative Extension could be reimbursed.  Mike said legislators expected costs for the Health Department and Cooperative Extension. Dooley said these weeks are crucial in yard care, and she wondered if Monika could get an intern or temporary staff.  Monika said it is a difficult time to get student help, and Don Ellis is doing a good job working with the retailers.  Dooley expressed concern about uninformed staff at the garden centers.  Monika said she has offered to provide training, but staff changes quickly this time of year.  Peter felt it would be better to release information a small amount at a time in different methods, and then build on it.  Martha Robertson asked if there would be information at the plant sale at Ithaca High School on 5/17.  Monika is doing an exhibit.  She noted yard signs are available at the Agway stores.  Information is also available at garden centers that are just over the county line.

IV    Agriculture & Farmland Protection Board

G    Results of Farmer Survey

Monika said the Ag & Farmland Protection Board work plan and agenda have been set.  40% of Debbie Teeter’s time is paid by the County, and the balance is from grant money.  Their work plan has three aspects:  policies, education, and economic development.

Debbie worked on the Farmer Survey, and the number-one response was about taxes.  Farmers already receive an ag-value assessment for property taxes, but fire-district taxes need to be resolved with each fire district.  Not all fire districts currently exempt ag land.  There are about five farms interested in the State program for Purchase of Development Rights.  Review begins of the agriculture districts in June, with #1 on the east side of the County being first.  The AFPB is reviewing a notice of intent (NOI) for a project planned within an ag district.  The NOI was recently submitted by the Town of Ulysses about their water district. 

AFPB is trying to get an idea of what area farmers want them to pursue.  Debbie distributed copies of the survey, and a separate sheet on the results.  A current edition of Agri-Facts was also given out, and Debbie noted it will be updated after the ag district revisions are done.  A draft pamphlet entitled “Living in the Country” is being developed in response to the survey, and that is intended to provide information for residents about what it means to live in an ag district.  The survey went out to some special-interest farmers with small properties, and to names provided by Assessment.  The top three responses to the survey were reduction of taxes, public understanding of agriculture, and grants & government programs.  Assistance will be available for grant application processes and information will be provided about what funds are available.  Peter asked if the surveys provided a list of topics to choose from.  Monika said an AFPB subcommittee developed the list of things they felt AFPB could address, and there was also a place to submit other ideas. 

Mike said one of PDEQ’s committee goals is to scrutinize a board, and they had talked about AFPB.  This would include attending meetings, discussing effectiveness, and reviewing bylaws.  Monika said AFPB is excited about what will be happening in the next five years.  They want to send a message that there is a level of stability in agriculture right now.  A low number of survey respondents mentioned intention to sell their property or stop farming.  Agriculture here has been pretty stable for about ten years.  Kathy said she was glad to see the range of comments and the diversity of farming operations in the county.  There seem to be nice opportunities for expansion.

Martha Robertson said Don Barber was seeking information on how the Economic Development Stratey will address agriculture.  AFPB also hopes to see more energy and interest at TCAD regarding agriculture.  Monika said they will be meeting with Don next week.  Dooley asked if farmers need help with business plans.  Debbie said there is a range of abilities and interests in business planning.  In the survey results, 22 expressed interest so that did not place in the top ten responses.  Monika said topics on the survey also included ways for Cooperative Extension to provide assistance.  Technical assistance from Coop Ext was a factor on a separate survey insert.

V    Cayuga Lake Scenic Byway

H    Resolution:  Acceptance of a Scenic Byways Grant From the New York State Department of Transportation to Implement the Cayuga Lake Scenic Byway Corridor Management Plan

The resolution was moved by Kathy, seconded by Dooley.  Joan said this grant was applied for almost a year ago by the members of Cayuga Lake Scenic Byway.  The group is now incorporated as a not-for-profit, has a board of directors and chair, but no bank account or staff.  They requested Tompkins County provide sponsorship, make payment, and receive reimbursement. 

Dan said he would like information on the corporation composition.  Joan said it consists of agencies in Cayuga, Seneca and Tompkins Counties.  Fernando deAragon is the chair.  It includes the wine trail, the watershed network, planning departments, tourism businesses, hotels, and restaurants.  She will provide information on the board of directors.  Tompkins County will provide sponsorship and have its name on the grant.  There is some responsibility to be sure regulations are being followed.  Dan asked if the corporation had an address.  Joan said they do not have any staff yet.  The Cayuga Lake Watershed Network is provided as a contact point for mail and phone calls. 

Kathy said she supports the resolution as an economic development and tourism piece, and asked about the “corridor management plan”.  Joan said it was a mile-by-mile evaluation that was done as part of the designation application process.  Mike said this took years to develop, and the goal was to qualify for grants such as this one from DOT. 

The resolution was adopted by vote of 5:0.

VI    Planning Department

I    Comprehensive Plan

Ed said the Planning Advisory Board met this morning and chose not to change any of the elements.  They did make one change to the Statement of Purpose.  There was discussion about conflicts between adjacent municipalities on zoning.  They stayed with the previous selection process on energy and cell towers.  State lands will probably be addressed in the Open Space element.  Motion was made by Kathy to approve this status and authorize the Planning Department to proceed with the process, seconded by Peter.  Approved by vote of 5:0.

J    Economic Development Revolving Loan Fund

Heather McDaniel provided a handout that summarized loans and job development.  Federal Housing and Urban Development Community Development Block Grant funds were loaned to businesses in the County and their repayments capitalize this revolving loan fund.  The loan fund will receive about $92,000 per year in repayments through 2008, then some loans will be paid off.  Tompkins County received a one-time payment on the Axiohm I loan.  Mike asked if the jobs are also gone from our community, and Heather said she assumed so.

Dan asked if there is follow-up on the jobs created.  Heather said companies report to TCPD annually, and usually meet their job creation target in three to five years.  Dan asked if they ever create more jobs than targeted.  Heather said yes, Specialty Testing and IMR created more.  Jamex did not create the number expected, but almost met their target.  Dan said he would like a report on job creation that provides credit to TCPD for this program.  He would like to see it publicized.  Ed suggested providing a summary in future press releases about new grant rounds or loan awards.  Mike agreed that this success should have some publicity.  Ed said Heather is doing a nice job with this program.  She provided some reorganization, publicizes it well and keeps it organized.  Dooley asked if companies only keep track of job creation until their goal is met.  Heather said, beginning with the F&T loan, the reporting time will be longer.  Reporting to TCPD is part of the agreement, and the reorganized agreement will gather more information.

Dan felt it was important to show results from the grants.  Peter agreed, and said he would like an annual report with these data.  He is not concerned about whether the business is keeping jobs that were targeted, as that is difficult to track.  Ed said TCPD will examine the job creation records.

Martha Robertson asked about the interest rate, which Heather said was 3% on the last two loans.  Martha asked if Axiohm defaulted, but Heather clarified that was part of a bankruptcy proceeding.  Joan said the County has been criticized for not taking enough risk on these projects.  Heather said Jamex is a good example.  They abandoned their original project that was outlined in the grant application, changed their focus and are doing well.  The loan helped them in the long run.

K    Commissioner’s Report

Ed handed out a membership chart for Planning Advisory Board and a sheet on the Municipal Officials Association Planning Coalition work plan.  He said the PAB was just restructured and changed as part of the County Charter review.  Primarily they are working on the Comprehensive Plan.  Ed said he was looking for suggestions to fill the vacancies at PAB.  The current group participates, discusses, and is coalescing into an effective board.  He feels they are functioning well.  He noted he has had problems filling the infrastructure/utilities seat.  Joan said when PAB was given an exercise, 90% of them put time and thought into it outside of meetings.  For the MOA Planning Coalition work report, Ed noted that this is their draft, and item #1 is input on the County Comprehensive Plan.  Some other items relate to the County also.  He and Joan have met with this group three or four times for discussion of the CompPlan, and they are enthusiastic about it.  He has also floated some other ideas with them, like the concept of long-term municipal assistance contracts and limiting the scope of GML-239 reviews.  He sees a benefit of the fact that this group was organized by the municipalities.  He is hearing good things about both PAB and MOA PC.  The City sends a participant to the CompPlan meetings and that person has been staying for other discussions, too.  Martha Robertson said the Planning Coalition was discussed at a MOA dinner recently.  MOA members were complimentary about Ed and Joan’s participation and the CompPlan process.

Ed provided a map of the Downtown Development area.  He pointed out the areas south of the Public Library and southeast of Mental Health.  The City has approached the County about having the County allow development of these properties in conjunction with the Cayuga Green project and share the cost of proposed improvements.  Ed will also be taking this information to the Facilities & Infrastructure Committee for discussion.  He and Arel Lemaro do not recommend having the County help fund the changes proposed to the area south of the library, being referred to as a “plaza”, or the creek walk along the Mental Health Building.  Ed said the County could grant an easement and allow the City to do the work in these two areas.  Dan and Peter agreed with that idea.  Mike said there is a dangerous pedestrian situation by the library bumpout on the south side.  Ed said Dan Cogan and Doug McDonald presented this information to him, and discussion will continue at Facilities & Infrastructure committee.  Ed also noted that the alternate parking / shuttle program is in effect.

Regarding the DOT relocation, the County has an option on the preferred site and the annexation petition is proceeding.  Regarding staffing, Crystal Buck will begin at TCPD next week in the Planner position.  She is graduating from Cornell University’s City and Regional Planning program this week.

[Dan left at 4:12 p.m.]

Additions to Agenda:

Martha Armstrong announced that TCAD’s annual meeting will be at the Museum of the Earth on May 28th at 8:30 a.m.  She asked if there were any questions on their monthly report of activities.  Dooley asked if IDA’s discussion is completed on density policy.  Martha said they met last week, and she expects several more meetings.  Dooley said she would like to attend.  Dooley asked if PDEQ will receive an update on sewer negotiations.  Martha said Cathy Valentino recently provided an update to the coordinating committee, and Cathy is optimistic about reaching a final agreement.  Dooley wants this committee to have an update on that.  Ed said he was looking forward to participating in the SEQR review on the sewer agreement. Martha said the SEQR is incomplete without the municipal negotiated agreement.

Dooley reported that Benderson is proceeding with construction in Ithaca’s southwest area and removed part of the cover from the old City dump and this has concealed old barrels and miscellaneous construction debris.  DEC visited the site this morning.  She passed around photos taken by Walter Hang.  She said there are no plans to clean up the site, and it will probably just be paved over.  The barrels in the photos at the edge of the mobile home park were found a few years ago.  She has some information available for review on chemicals previously found at the site.  Mike asked if she was just making PDEQ aware of this.  Dooley said yes.  It is a wet area and could affect water resources since it drains to Cayuga Lake.  Martha Armstrong said the City provided an Environmental Impact Statement, and Joan said TCPD provided a review of that.  Dooley said the site won’t be capped.  Ed said DEC reviews for certain conditions.  Sometimes DEC considers development as reasonable reuse of a site.  Dooley said DEC could have better future interest than they are expressing.  Ed said ultimately, it is DEC’s jurisdiction.

VIII    Adjournment

The meeting was adjourned at 4:19 PM.

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