I Committee Administration

A Call to Order

Chair Dooley Kiefer called the meeting to order at 2:05 PM.  Discussion from 2:05 to 2:22 regarding the Pesticide Neighbor Notification Law are included in the minutes of the joint meeting of the Planning and Health & Human Services committees.

B Agenda Changes

Item H, Gas/Oil Drilling on County Land, will be addressed in August.

Kate Hackett will join this meeting later to discuss a resolution passed by the Water Resources Council on Monday, 7/15.

Per a note from Karen Fuller, the committee needs to formally appoint Dooley Kiefer as Environmental Management Council liaison to the Water Resources Council.

C Approval of Minutes

With minor changes submitted by Martha Robertson for page 4, the minutes of the 6/20 meeting were accepted by consensus.

D Committee Administration

Kathy Wilsea asked if committee members wanted to continue receiving EMC agendas with Planning Committee agendas.  EMC agendas are distributed to the BOR earlier in the month, and sending them with the agenda for this committee was deemed unnecessary.

E Chair’s Announcements

Dooley announced that the “shot hole” seismic testing for gas exploration is likely to occur in Newfield on Monday or Tuesday.  Peter requested notification of the exact time and place.

The Towns of Dryden and Caroline have signed contracts with USGS for aquifer studies.  Town of Dryden contract will be for a six-year period and the average cost per year is $42,000.  Town of Caroline agreement is for nine years, and Dooley recalled the cost to be $35,000 per year.

There will be a Green Building Fair at the Farmers Market on 7/28.  This will feature local vendors who use alternative energies and environment-friendly products in construction.

Regarding the Ithaca Downtown Partnership, Joan Jurkowich suggests the Planning Committee budget review meeting of 1996 might have comments of use in the minutes.  Copies of prior resolutions were provided by the BOR office.

Martha read an e-mail she received from EMC member Joyce Gerbasi.  Joyce thought the draft gas/oil drilling lease for surface occupancy had left out specifications suggested by EMC banning above ground and underground storage of extracted materials.

III Planning Department

I Commissioner’s Report

GML Review Highlights:  Ed Marx will report monthly on General Municipal Law section 239 reviews performed by TCPD staff.  Recently they were asked to provide comments on Ithaca’s South West Park, where WalMart and Lowes are expected to be located.  TCPD has requested the full 30 days allowed for a review by law, and will respond at the end of the month.  He felt the GEIS was not followed closely.  MPO is helping review the traffic study.

The Town of Ithaca is reviewing their zoning regulations, and staff noted the agriculture and conservation zones look good, but connectivity issues need to be addressed.  Ed said the residential zoning does not promote diversity/affordability.  Some neighborhood commercial areas are surrounded by low-density residential zones, so that is pretty much the status quo.  TCPD will recommend some higher density housing.

For the Village of Trumansburg, staff reviewed a subdivision application and a multi-family dwelling.  Trumansburg has enacted a subdivision moratorium for six months while they review ordinances.  Martha said she hopes they work something out, as she likes the historical aspect of Trumansburg.  Ed said they could do a street pattern study or request public ideas.

TCPD continues to collect information on downtown Ithaca projects.  Tim Joseph has asked Ed to attend all Cayuga Green Client Committee meetings and serve as his alternate.  Peter asked what is role of TCPD in City projects.  Ed said there is a formal review process, since most of the City projects are within 500 feet of a County facility or State highway.  TCPD has met with City staff on Cayuga Green.  TCPD has not yet received the traffic study on Cayuga Green.

Dooley said TCAT wanted the intermodal transportation center on Green Street.  She asked if the Planning Department was asked to aid in that.  Joan said staff was invited to a design workshop a couple years ago with two days notice, but otherwise has not been notified.

Martha had a question about the Town of Ithaca zoning.  She wondered if Judd Falls / East Hill Plaza were in a community/commercial zoning area.  Ed said he believed that was correct.  He did not know the specifics of allowed uses in that zone but could check it for her if she would like.

II Environmental Management Council

G. Resolution No 4-2002 – Resolution Recommending Emissions Reduction Target for County Operations

Steve Nicholson was present to discuss the resolution passed 7/10 by EMC.  They are trying to provide information in the Whereas clauses of their resolutions.  This resolution passed unanimously at EMC.  They feel a 20% reduction by the year 2008 is a very obtainable goal.  The County government produces ½ of 1% of emissions in Tompkins County.  Reduction as outlined in this resolution would provide a good model for the community.  He noted that in August NYSEG bills, there will be an opportunity to elect use of wind power.  In other areas, 2% of energy users have opted to do this, and EMC hopes for more in Tompkins.

Peter Penniman made a motion to pass the EMC resolution on to the BOR.  He is willing to provide edits.  Seconded by Martha.

Dooley wondered if the committee could also discuss having the County choose wind power.  Martha would like information from David Squires on that.

Motion passed 3:0.

Steve Nicholson pointed out that since the library is expected to be closed on weekends for the summer, any unused solar power goes into the state grid with no payment to Tompkins County.  He suggested using the NYSERDA program for “peak shaving”.  The County could discuss peak shaving vs. kilowatt hours with NYSEG.  Dooley asked if there were any ideas on a County staff person to explore this.  Martha felt it would be the County Attorney.  Peter asked if the solar energy can service a neighboring building.  Steve said he was unsure.  We would need to know how much power is produced on weekends.  Dooley will contact Jonathan Wood about requesting credit for the unused solar power.  Peter asked if the BOR has a power committee, and Dooley responded that there was one when MEGA was being established; Joe Lalley used to be on the MEGA board.  She noted Mike Lane had expressed interest in this, too.  Peter is interested in learning more on the issue.

III Planning Department (cont)

Response/Summary – Municipal Planning Forum:  Ed said staff is organizing information from the Forum of 5/29.  One subject mentioned by attendees was the §239 review process.  Staff will provide background on TCPD practice in conducting reviews.  Dooley asked if staff responses will incorporate VCI principles, and Ed said they will be phasing this in.  Also regarding §239 reviews, they hope to limit focus to significant issues by eliminating items that have no county impact, exempting communities from parts of the review process if all board members and staff have training, and/or reducing reviews for communities that have a comprehensive plan in agreement with VCI.  He noted that TCPD staff would still be available for technical assistance.  Dooley asked if this is being proposed because TCPD wished to step back or do communities object to the process?  Ed said it is some of both.  Staff members feel there are other ways they can help more effectively.  §239 reviews also must be submitted at a time in the planning process that doesn’t “fit” well for communities.  Joan added that 90% of the reviews have no comments from staff.  A significant amount of staff time goes into reviewing plans and sending letters.  Ed felt the proposed changes would leave time to focus on large projects.  Within three years, we could develop three levels of agreements:  TCPD review all but the simplest projects because community has limited plans and regulations; TCPD review few because community has good plans and regulations, and some level in between related to education and training of local boards.  Ed said TCPD staff would still see proposed laws and regulations.  He would like to see communities focus on improving their laws and ordinances.  Katie Borgella said there is also some waste of staff time reviewing minor add-ons to existing structures.

Another concern voiced at the Forum was for TCPD to try to make local assistance efforts more useful.  Municipal officials also expressed an interest in having more technical information available to them.  TCPD is trying to get more on the website.  One big issue has been communication towers; now a common concern is parking lots and access to State and County roads.  The Department could also provide County maps that would be useful.

Forum feedback also had a specific comment requesting organization of a group to provide municipal planning perspective for the County comprehensive plan.  Dooley said Cathy Valentino suggested interaction with Municipal Officials Association.  She needs to understand what Cathy was referring to, as initially it was the Planning Federation, then the PAB and the a County comprehensive plan.  She will contact Cathy when Cathy returns from vacation.

Ed said a report on the ideas gathered at the Forum will go to participants and other municipal board members.

Planning Advisory Board Membership:   Ed said he heard the County Charter revisions, including PAB membership, are going to the BOR.  Frank Proto has voiced opposition to EMC being added to the charter, and the three other Republican representatives joined Frank in working against the addition.  At the Board of Representatives meeting, Frank did not mention WRC, but brought up Ag & Farmland Protection Board.  She thought Frank was going to propose language to this committee or Government Operations to add AFPB.  Martha noted AFPB is mandated in state law.  Joan said AFPB membership composition is also defined by state law.  Dooley speculated that AFPB could be added to the Charter and described simply as “pursuant to state law”.  Martha wondered if charter revisions could go through without PAB or EMC, and committees could discuss adding them later.  Ed commented that TCPD provides support for EMC & PAB, whereas they do not provide support for AFPB.  Martha suggested asking Frank to develop language.  Dooley wondered if it would or should delay the public hearing, but Martha felt it would not.

Ed said he was ready to begin filling seats on PAB.  They will serve as the advisory group on the comprehensive plan.  Discussion ensued about possible appointments.  No contacts have been made with any of the persons suggested.  Planning Committee and staff members were urged to submit ideas to Ed, especially for the two At-Large seats, as the group lacks age and race diversity, and their voices are needed.  Dooley suggested filling the associate membership seats with people from the organized citizens’ groups (Citizen’s Planning Alliance, ASAP).

Department of Transportation Relocation:  Ed met with DOT officials in Syracuse yesterday about the relocation project.  The proposal to COMCAP committee next week will be to proceed through a local development corporation.  The National Development Council could help with building the new facility.  They are experienced in developing similar projects, and are willing to do exploratory work with no payment.  Dooley asked what are alternatives.  Ed said IDA or the County.  For the new facility, they would need to purchase the land, design and build the building, implement the infrastructure, and turn it over or lease it to DOT.  Regarding the property in the City, they would need to work with the City and develop an RFP for private proposals.  The County or local development corporation would take title to the inlet property.  Dooley felt the County should take title and lease it out, as she opposes the idea of government turning over such valuable property.

J CCRP Proposal

Ed handed out a memo outlining his funding recommendations.  As explained in the memo, CCRP would have a loan and a grant aspect, with $20,000 per year for each type.  County contributions would decrease over a five-year period for the loan portion of the program and loan paybacks would then support it fully.  The grant portion would continue to be funded by BOR.  Interest rates need more investigation, and program criteria need to be re-examined.  Having two components with equal funding is based on review of prior program applications.  Joan noted that in the last few years the program has received an increasing number of private applications.  Ed said the advisory committee and the Planning Committee have been reluctant to do grants to private businesses.  He speculated that the grant portion could even be skipped.  Right now TCPD has a chance to get some state money for CCRP.  Joan said the grant application is due in mid-August.  It requires matching funds, so if Tompkins County doesn’t do CCRP next year, we might need to withdraw our application or not accept a grant.  Maximum grant in this program is $50,000.  Peter commented that most properties in commercial centers are privately owned, and the reality of their needs is much greater than CCRP can address.  However, he does feel that CCRP is a positive program, and maybe contributions should not decrease but continue to build up a larger revolving loan fund.  He wondered if there was any restriction on the County lending money to municipalities.  Joan said gift/loan issues were examined, and interest rates are subject to examination also.  Ed said the program is up to the BOR, but this is one approach and will show up in the over-target requests.  He asked if staff should proceed with the grant application.  Martha said yes, it might make the BOR consider the program more seriously.  She still feels balance of CCRP and Ithaca Downtown Partnership is important.

K Municipal Technical Assistance Agreement Framework

Ed requested guidance from the committee so he can respond to municipal inquiries for services.  He wondered if a three-year contract should be offered as the current plan or an alternative to other Circuit Rider contracts.  Joan noted that, when fully implemented, this would fund half of a full-time position, and this income is needed to keep staff.  Ed felt it would be difficult to have a municipality sign a Circuit Rider contract, then approach them for more money for a long-term agreement.   The three-year contract would help with staff scheduling and keeping them on track.  It provides a good opportunity to manage the workload.  Joan said without such funding, we might not be able to keep staff.  This would show a three-year projection.  Dooley asked when the proposal becomes public information.  Peter said it is mentioned in the full budget proposal which goes to the BOR this month.  Dooley asked if this information was given to Forum participants.  Joan said it was not mentioned at the Forum.  Ed said the Department seeks a consistent stream of revenues, and this would provide a consistent budget item for municipalities.  Peter said he supports it, but is skeptical about selling it.  Ed said it would be presented as the new system – what we’re doing now.  Martha asked if he could get any informal reaction.  Ed will talk with municipalities that staff is currently working with.

M Progress Report on Aquifer Study Needs Assessment

Kate Hackett provided a handout of information on development of the needs assessment study with USGS.  It was requested that committee members review the information and contact Kate so she can dialogue with USGS.  Needs assessment information will go to committee members next week.

Kate noted that Caroline and Dryden have agreements with USGS.  The Water Resources Council agreed to allocate $2,500 per year for two years to Dryden and Caroline from Finger Lakes-Lake Ontario Watershed Protection Agency (FLLOWPA) money.

Addition to Agenda:  Water Resources Council Resolution:  Resolution Supporting Continued Payment of Tompkins County’s Contribution to the Cayuga Lake Watershed Intermunicipal Organization

Kate said WRC supported this resolution, as Intermunicipal Organization funding is one of the proposed budget cuts for the BOR in 2003.

Peter made a motion for the Committee to edit the resolution and pass it on to the BOR.  Seconded by Martha.  Vote 3:0.

L SEQR Procedures

The draft that Ed had with him needed some refinement, and since there was no time for discussion of this item, recommended changes will be distributed to committee members as soon as possible.
 

IV Adjournment

As Peter needed to leave, the meeting was adjourned at 4:33 PM.