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HomeMy WebLinkAbout07-12-18 EMC Agenda PacketThe EMC is a citizen board that advises the County Legislature on matters relating to the environment and does not necessarily express the views of the Tompkins County Legislature. TOMPKINS COUNTY ENVIRONMENTAL MANAGEMENT COUNCIL 121 East Court Street Ithaca, New York 14850 Telephone (607) 274-5560 http://www.tompkinscountyny.gov/emc AGENDA July 12, 2018  Tompkins County Old Jail Conference Room (121 E.Court)  4:00 P.M. 1. Call to Order 4:00 2. Privilege of the Floor 3. Changes to the Agenda/Approval of the Minutes (June 14, 2018) 4:05 4. NYS Energy Transformation Framework 4:10 – Jerry Acton, Systems Engineer Physicians, Scientists, and Engineers for Healthy Energy 5. Committee Reports 4:45 a. Climate Adaptation b. Environmental Review c. Unique Natural Areas d. Waste Reduction e. Water Resources Council Liaison f. Executive 6. Staff Report 5:00 7. Resolution Accepting the Climate Adaptation Committee Report 5:05 8. By-laws Revision Discussion 5:15 9. Municipal Reports and Member Announcements 5:25 10. Adjournment 5:30 Next Meeting Date: September 13, 2018 Reminder to Members: If you are unable to attend, please contact Kristin McCarthy, Administrative Assistant, via email at kmmccarthy@tompkins-co.org or phone at 607-274-5560. TOMPKINS COUNTY ENVIRONMENTAL MANAGEMENT COUNCIL 121 East Court Street Ithaca, New York 14850 Telephone (607) 274-5560 http://www.tompkinscountyny.gov/emc EMC Draft Minutes 1 June 14, 2018 4:00 p.m. 2 Tompkins County Old Jail Conference Room, 125 E. Court St, Ithaca, NY 3 4 Attendance 5 Member Seat Member Seat Steve Bissen P Town of Dryden Regi Teasley P At-Large Maureen Bolton P Town of Enfield Amanda Champion P Legislative Liaison Cait Darfler P Town of Ulysses John Dennis P Village of Lansing Susan Allen-Gil E Associate Member Brian Eden P Village of Cayuga Heights Karen Edelstein A Associate Member Pegi Ficken E Town of Groton Bill Evans A Associate Member Michelle Henry P Town of Newfield Anna Kelles A Associate Member Anne Klingensmith P Town of Danby Dooley Kiefer E Associate Member James Knighton E At-Large Dan Klein P Associate Member Vladimir Micic P Town of Ithaca Jose Lozano E Associate Member Steve Nicholson E Town of Caroline Osamu Tsuda P Associate Member Susan Riley P At-Large David Weinstein A Associate Member Tom Shelley P City of Ithaca Robert Wesley A Associate Member Genny Shipley E At-Large Roger Yonkin A Associate Member Don Smith E At-Large Scott Doyle P EMC Coordinator Ron Szymanski E Village of Freeville Kristin McCarthy P County Staff Guests – Joe Wilson, Anne Koreman, Martin Hatch 6 Call to Order – Chair Brian Eden called the meeting to order at 4:03 p.m. 7 Privilege of the Floor – Anne Koreman, who represents District 5 on the Tompkins County 8 Legislature, inquired whether the Council would discuss the possible construction of a large-9 scale solar farm atop the coal ash landfill at Cayuga Power in Lansing. Brian said yes, during 10 the Environmental Review Committee report. 11 Agenda Review/Changes – None 12 Approval of the Minutes – A motion was made by Tom Shelley, seconded by Maureen Bolton, 13 to approve the May 10, 2018, minutes. Motion carried. 14 Update: County Habitat Connectivity Strategy – Scott Doyle 15 • Scott provided background information on the strategy and the study that served as its 16 basis. Cornell City and Regional Planning graduate student work helped refine national 17 models of habitat connectivity to clarify locally appropriate key habitat corridors. 18 • The strategy also identifies key undeveloped areas that should be protected from 19 fragmentation and prescribes broad strategies and policies to improve connectivity. 20 • Steve Bissen and John Dennis asked if strategy focuses only on terrestrial connectivity. 21 Scott replied that it was consciously designed for primarily land-based connectivity. 22 • Michelle Henry asked if study looks at flyways/migrations. Scott said that for now it takes a 23 broader approach. Plan is to knuckle down a bit, by species, in the next phase. 24 • Brian noted that this project dovetails nicely with the UNA Committee’s work. 25 Committee Reports 26 27 Climate Adaptation: Brian Eden 28 • Committee wants to finalize flooding report by next month. Get comments to them soon. 29 • Next step would be to introduce a resolution to declare it an EMC document that may be 30 shared with other municipalities. 31 • To foster discussion, informal or formal meetings of municipalities in specific watersheds 32 could facilitate cooperation and collaboration in reducing flooding impacts. 33 • Committee discussed creating a repository of flooding information. 34 Environmental Review: Brian Eden 35  Comments on regulations that would expedite the closing of the last two 36 coal-fired power plants in NYS are due in July. 37  Cargill’s motion to dismiss CLEAN’s Article 78 lawsuit on the proposed 38 Shaft #4 construction was denied. 39  Comments on the remediation of the Morse Industrial/Emerson brownfield 40 site are due June 18th. 41  County Legislature accepted NYS funding (Septic Tank Rebate Program) 42 for some residents to replace aging septic systems. 43  Cargill’s on site waste water treatment system was approved last week. 44  Brian shared a factsheet on NYSDEC’s Household Cleansing Product 45 Information Disclosure Program. 46 • Committee is concerned with the Cayuga Power Plant’s plan to construct part of its solar 47 array over the coal ash landfill. It could hinder clean-up efforts and CPP has sufficient 48 available property to site it on non-contaminated land. 49 • Anne Koreman encouraged everyone to attend the June 21st Facilities and Infrastructure 50 Committee meeting to comment on the plans for the solar project. 51 Unique Natural Areas: Brian Eden 52 • Committee working on proposal for the County to fund the review of the final batch of 37 53 UNA sites. They will submit it to Planning and Sustainability Department by end of June. 54 • Members reviewed a proposed construction adjacent to the Fir Tree Swamp UNA on Groton 55 Road in Dryden. Two mobile homes with a shared septic system are being considered for 56 construction very close to the wetland. 57 • A replacement well will be constructed on a UNA site on Hillview Road adjacent to the old 58 County landfill in Danby. A Wetlands General Permit has been submitted to the NYSDEC. 59 An environmental assessment was conducted by Barton & Loguidice. The project should not 60 have any adverse environmental impacts. 61 62 Waste Reduction: Tom Shelley 63 • Hope to present legislation to ban single-use plastic bags to PDEQ, followed by a resolution 64 to the full Legislature, before year’s end. 65 • Ithaca College students, under the direction of Susan Allen-Gil, are creating a one-page fact 66 sheet. Committee will share with EMC when it’s finished. 67 WRC Michelle Henry 68 • Seventy participants have signed up so for the Cayuga Lake HABs Harriers volunteer corps. 69 Next HABs Harriers training is June 21st at Canoga Volunteer Fire Department. 70 • The NYSDEC’s 12 HABs Action Plans are awaiting Governor Cuomo’s approval. 71 • Cynthia Brock is the new WRC chair. Darby Kiley, now on the staff of the County Planning 72 and Sustainability Department, is taking over Joan Jurkowich’s government seat and role. 73 • Angel Hinickle presented the SPDES MS4 Permit Annual Report. 74 • Council approved ad hoc committee’s comments on NYSDEC’s Notice of Proposed SPDES 75 Permit for Discharges of Winery, Brewery, and Hard Cidery Wastewater to Groundwater. 76 • Council formed a Water Withdrawals Committee. 77 • Workshop on roadside ditching tentatively scheduled for the fall. 78 Executive: Brian Eden 79 • Brian passed around the Teacher-Friendly Guide to Climate Change, published by PRI. 80 • 2017 EMC Annual Report was published. Brian presented report to PDEQ. 81 • SmallGrid is constructing solar-powered zero emissions modular homes in Geneva. 82 • Taking suggestions for future meeting presentations. No meeting in August. 83 Education and Outreach: Susan Riley 84 Committee needs a topic for fall outreach event. Brian suggested a program featuring the work 85 of the Climate Adaptation Committee. 86 Staff Report – Scott Doyle 87 • Submit 2019 budget requests by June 29. 88 • County Forest Land timber harvest for land in Newfield is being proposed. 89 • Planning and Sustainability Department finalized the 2018 Work Program. 90 • New 2018 Ithaca Tompkins County bike maps were distributed. 91 Bylaws Revision Discussion 92 Email comments to Brian. Members will vote on draft bylaws at the July meeting. 93 Freese Road Bridge Replacement Project 94 Members and guests shared their thoughts on proposed replacement of the single-lane Freese 95 Road Bridge in Varna with a two-lane structure. 96 Cayuga Lake HABs Plan Update 97 See the Water Resources Council liaison report above. 98 Annual NYSDEC Update Meeting – Maureen Bolton 99 Maureen summarized discussions from the DEC’s annual update meeting. 100 Municipal Reports and Member Announcements 101 • Drafting deer management policy is high on the City of Ithaca’s to-do list. City commented 102 on the Town of Ithaca’s deer management plan. 103 • Village of Trumansburg Planning Board is doing the SEQR portion of the public hearing for 104 the proposed Hamilton Square affordable housing project. 105 106 Chair Brian Eden adjourned the meeting at 5:33 p.m. 107 Tompkins County Environmental Management Council Flood Survey 1 | Page EMC Climate Adaptation Committee Flood Hazard and Risk Survey 5/30/2018 Tompkins County Environmental Management Council Flood Survey 2 | Page Abstract: We performed a case study of elected officials and professionals actively engaged in flood risk mitigation within Tompkins County, NY US, a community dealing with moderate flooding, to gage how much variance exists among perceptions of local flooding risk. Results of this case study indicated disagreement among individuals as to which socio-economic losses constitute a flood, disagreement on anticipated community needs, and some disagreement on community perceptions on climate adaptation. In aggregate, the knowledge base of the Tompkins County flood practitioners provided a well-defined picture of community vulnerability and perceptions. Encouraging interdisciplinary flood mitigation work could reduce risk, and potentially better support climate adaptation within flood risk mitigation. We concluded with several recommendations that would move Tompkins County towards establishing a method of collecting and archiving hydrologically important information on flooding events, as well as encouraging interdisciplinary work Tompkins County Environmental Management Council Flood Survey 3 | Page 1. Introduction and Background Tompkins County has documented cases of riverine flooding over the past 30 years from Fall Creek (M. Thorne, city engineer, personal communication, 2015). Anecdotal discussions and interviews by EMC members with community leaders suggests that flooding issues extend beyond our documented cases, with some locations within Tompkins County potentially affected by flooding every year. Hydrologic boundaries often cross socio-political boundaries. Negative flood risk is all too often translated to communities which do not directly benefit from urban development in upstream municipalities. Further, many low-lying areas of Tompkins County are facing elevated flooding risks with limited resources to study these problems directly. The overarching goal of the EMC Climate Adaptation Committee was to collect information necessary for beginning a riverine flood hazard and risk analysis at the County level. The first goal of our Committee in 2017 was to create a central database of historical flooding events to develop a more complete picture of flooding across Tompkins County. Knowledge of flooding hazards and risks in Tompkins County is currently spread across working groups in government, advocacy, education, research, and private industry as well as long-term residents. Ongoing flood mitigation efforts within Tompkins County have been focused on several well-known flooding problems. Realizing opportunities to design for multiple flooding problems at once first requires that all problem locations are well documented prior to hazard mitigation design. The second goal of our committee’s work was to document the flooding perceptions of community leaders in order to understand the degree of disparity in expectations. Mitigation efforts aim to reduce the current frequency or magnitude of flooding to some level deemed acceptable. Through 2017 the Committee conducted informal discussions with community leaders and flooding experts within Tompkins County. The first informal conclusion was that there was no strong universal definition of flooding, which could translate into poorly defined design goals. These preliminary discussions also suggested that there is a broad range of perceptions as to whether or not flooding is a problem, and a broad range of expectations with respect to what is an acceptable levels of flooding. Some individuals expressed a need for flooding to be halted completely, whereas others saw flooding as a natural occurrence with no required mitigation measures. Finally, the Northeast US is likely to experience some climate variability in the future, necessitating a discussion of how flood mitigation practices should incorporate climate adaptation practices. Recent research suggests that there is large uncertainty in future flooding due to intensifying rain, changes in snow-melt dynamics, and potentially increasing drought conditions during summer. Simplistic analysis and decisions can become difficult in the face of highly uncertain problems, sometimes leading to inaction. The third goal of our effort was to better understand the level of knowledge and prior beliefs of community leaders with respect to climate change and the need to incorporate climate adaptation into the design of flood mitigation practices. 2. Survey Design Informal interviews were conducted by the EMC subcommittee on climate adaptation with ten flooding professionals from January 2017 through August 2017 to understand what beliefs were commonly held by flood risk mitigation practitioners and which issues were of most concern. Common themes included: understanding where flooding occurred frequently within the county, understanding what socio-economic losses constituted a flood, concern about shifting flooding risk under climate change, potential Tompkins County Environmental Management Council Flood Survey 4 | Page disagreement around the design goals of a county-wide flood mitigation project, and community perceptions of climate-flood linkages. A questionnaire was distributed to community members who engage directly with flooding through development of policy and legislation, science and engineering, education, community outreach, and advocacy. Candidate participants were identified by the Tompkins County Environmental Management Council (EMC), the citizen advisory board to Tompkins County. A review of the final survey was performed by the Cornell University Institutional Review Board and found to have no ethical implications related to human participation. 3. Results 3.1 Survey Response Rate The survey was distributed to 89 elected officials and professionals, of which 48 responded (response rate of 54%). Individuals were asked to self-sort into one of six possible disciplines: community planning (n=8), education and outreach (n=7), local government leadership (n=8), policy (n=7), advocacy (n=9), and Engineering, Science and Research (ESR, n = 11). We first asked flooding professionals whether they believed they had a good understanding of flood risk mitigation, to which 53% indicated they had a strong grasp of the subject, 42% knew of a professional who could inform them, and 5% were not knowledgeable on the subject. 3.2 Community Leader Definition of Flooding Exploratory interviews with community leaders suggested that there were 13 socioeconomic losses that individuals commonly used to define a past flooding event (Table 2). The survey presented these 13 possible flooding losses and asked flooding practitioners to define which types of loss constituted a flood. Professionals also had the option to write in their own preferred definition. Table 1 – Results of which socioeconomic losses were considered a flooding event Type Description of Flood Number of Responses 1 Loss of life 29 2 Damage to private structures 32 3 Displacement of people 34 4 Damage to vehicles 30 5 Damage to public property 34 6 Inundation of public roads 34 7 Flow over private property 21 8 Backed up culverts 25 9 Loss of streamside vegetation 29 10 Stream flow out of channel banks 31 11 Substantial erosion in the stream channel 24 12 Minor erosion in the stream channel 4 13 Any flow greater than baseflow 11 14 Write-in definition 4 Tompkins County Environmental Management Council Flood Survey 5 | Page No single type of reported flood was held common to all individuals surveyed (Table 1). The belief that negative flood consequences related to minor erosion in the stream channel and flow above baseflow constituted a flood was only held by a few respondents. Individuals in planning, government, and advocacy were more likely to hold a broad definition of flooding, whereas individuals in outreach, policy, and ESR tended to hold narrower definition of flooding (Figure 1). Approximately 50% of ESR responses opted to use a write in definition based on numeric description of flood frequency. For example “any flow exceeding a 100yr or greater storm recurrence interval.” Figure 1 – Socio-economic losses that defined flooding events by discipline (Table 2 subset by discipline). Values in parenthesis indicate the number of respondents who did not offer an answer. 3.3 Spatial Distribution of Socio-Economic Flood Losses Anecdotal reports of flooding were compiled to provide a spatial estimate of commonly flooded locations within Tompkins County (Figure 2). Anecdotal flood reports by community members demonstrate that flooding is a county-wide issue with the greatest flooding centered on the most densely populated areas. The reported locations of flooding cover substantially more locations in addition to the flooded areas established by the FEMA 100-yr floodplain map (FEMA 2018), particularly along smaller tributaries. Tompkins County Environmental Management Council Flood Survey 6 | Page Figure 2 – Spatial distribution of survey reported flooding within Tompkins County (filled circles) and FEMA 100-yr flood plain (dark blue) NWS flood stage on Fall Creek in Ithaca is estimated to be exceeded with a 9-year recurrence interval. Reported dates of flooding events (Table 2) suggest that for much of Tompkins County, professionals have collected information on negative socio-economic consequences from events that are hydrologically more frequently than the 9-year Fall Creek baseline. Tompkins County Environmental Management Council Flood Survey 7 | Page Table 2 – Reported historical flooding events. Rainfall totals are the maximum daily precipitation (NCDC, 2018). Return periods are determined from NOAA Atlas 14 (NOAA, 2018). Date Rainfall (cm/day) Return Period (yrs) Weather Type 4/18/1905 1.2 < 1 - 6/3/1905 4.3 < 1 - 6/17/1905 4.6 < 1 - 7/3/1905 4.8 < 1 - 7/8/1935 20.0 > 1000 Local convective rain 11/3/1954 4.0 < 1 Hurricane Hazel 6/23/1972 9.0 10 Hurricane Agnes 10/28/1981 12.9 25 Local convective rain 1/19/1996 4.7 < 1 Rain on snow 9/8/2011 11.3 25 Tropical Storm Lee 4/3/2005 5.7 2 Rain on snow 1/11/2014 0.0 < 1 Ice jam release 6/14/2015 10.4 10 Local convective rain 7/1/2017 0.9 < 1 Local convective rain 1/12/2018 2.4 < 1 Ice jam release Weather types assigned to each reported historical flooding event indicate that flooding has been induced by local extreme convective precipitation, tropical moisture derived precipitation, extratropical rain-on- snow / snowmelt, and release of ice-jams. Weather types for events prior to 1930 were not identified due to inconsistency among available sources. 3.4 Perceptions of Current and Desired Flood Frequency Estimates of current flood frequency for Tompkins County varied slightly by discipline, however, most estimates were below the baseline flood frequency established for Fall Creek of the 9-yr event. The desired reduction in flood frequency varied considerably by discipline. The median ESR, community planning, and outreach response suggests that the expected flood frequency after mitigation efforts should be slightly higher than current flooding hazard (Figure 3). The median responses from governmental employees working on legislation and policy desired flood frequency to be reduced to the 100-yr event, suggesting a high level of disagreement between disciplines on anticipated outcomes of flood hazard mitigation. Tompkins County Environmental Management Council Flood Survey 8 | Page Figure 3 – Estimated a) current flood loss frequency and b) expected flood frequency resulting from flood hazard mitigation efforts There was strong consistency in the perception of current flooding risks (Figure 1), though the spatial distribution of affected locations was highly individual (Figure 2). This result suggests that individuals within Tompkins County have a consistent understanding of the frequency of these socio-economic losses; however, there may not be a strong social network for communication of risks as knowledge was spatially constrained by discipline. 3.5 Perceptions of Climate-Flood Relationship Anticipation of the need to incorporate climate adaptation into flood risk planning, as well as anxiety around “community perceptions” and “public opposition to planning for climate change” were common themes that emerged during the 2017 informal interviews. Professionals and elected officials were asked which direction they anticipated future flooding risk within Tompkins County would move. The majority of individuals, 30, believed that flooding risk would increase, and 13 responded that they were not sure. Table 3 – Perceptions of future riverine flooding risk within Tompkins County by flooding practitioners Not Sure Less Risk Same Risk More Risk Community planning 0 0 0 8 Education and outreach 1 0 1 5 Local government leadership 2 0 1 5 Policy development 3 0 0 2 Public advocacy 3 0 0 6 ESR 4 0 3 4 Total 13 0 5 30 Surveyed professionals were asked if they perceived a community desire to implement climate adaptation practices in flood mitigation planning. The result here was less clear, with 16 responding they were not sure, 7 probably not, 15 probably yes, and 6 definitely yes. There was some disagreement among disciplines on public preference for climate adaptation with ESR and public advocacy perceiving less interest, and outreach and government perceiving more interest (Table 4). Tompkins County Environmental Management Council Flood Survey 9 | Page Table 4 – Perceptions of community desire to implement climate adaptation planning in flood risk mitigation Note Sure Definitely Not Probably Not Probably Yes Definitely Yes Community planning 2 0 1 5 2 Education and outreach 1 0 0 4 0 Local government leadership 1 0 1 4 1 Policy development 5 0 0 0 1 Public advocacy 2 0 2 1 0 ESR 5 0 3 1 2 Total 16 0 7 15 6 We next asked professionals and elected officials to report their perceptions of the level of climate science knowledge of residents of Tompkins County. Results were divided with 14 responding that they were not sure, 16 believing that residents had basic knowledge, and 10 believe strong knowledge. Results were not substantially different among the disciplines (Table 5). Table 5 – Perceptions of general community knowledge level of climate science and adaptation Not Sure Little Knowledge Basic Knowledge Strong Understanding Community planning 1 0 3 5 Education and outreach 1 0 3 1 Local government leadership 1 2 2 2 Policy development 5 0 1 0 Public advocacy 1 1 2 1 ESR 5 0 5 1 Total 14 3 16 10 3.6 Optional Write-In Responses At the conclusion of the survey professionals were given the option to provide any additional information or thoughts on the topic beyond the survey responses provided. We summarize here the results of these submissions. Though we do not aim to interpret these results, they can offer important insights beyond what was captured in the survey questions. Five professionals supplied optional comments in which they said that they had little knowledge of community perceptions and expressed difficulty in answering these particular questions, with one professional suggesting that community perception was perhaps too broad to accurately define by one single answer. Three responses suggested that they had a good understanding of community perceptions through involvement with county government and expressed that there was a willingness among the Tompkins County public to involve climate adaptation practices in flood risk mitigation. Four responses attributed recent flooding events to improper control of existing flood mitigation infrastructure by local, state, and federal government. One response listed the ecological benefits of flooding, and suggested that rather than seek mitigation opportunities to control floods, we seek to adapt human behavior. Tompkins County Environmental Management Council Flood Survey 10 | Page 4. Recommendations 4.1 Develop a Central Repository for Flooding Records: This survey demonstrates that there is no central database of flooding records for Tompkins County. Rather records, and important data, are divided across many organizations and individuals. Tompkins County EMC can potentially serve as this central database. 4.2 Develop Collection System for Reports of Recent Floods: Tompkins County should develop a reporting program where local flooding may be reported via phone or web. Collection of data nearest to the even in question will help to reduce loss of information through memory, and to help demonstrate the broader impact of flooding within the county. 4.3 Update the Tompkins County Hazard Mitigation Plan: The current plan contains few records of historical floods. This survey collected additional pertinent information that should be considered in future hazard mitigation planning efforts. 4.4 Develop an Outreach Program: There is no universal definition of flooding, flooding hazards do vary by location, and individuals have different preferences for flood hazard mitigation. Prior to flood hazard and risk reduction plans, there should be a discussion of these inherent differences among stakeholders who are working on this problem. Often these differences go undiscussed or unnoticed in the planning process, leading to difficulties and unexpected outcomes throughout the planning and design process. This survey presents results that should be understood and discussed at the outset of flood hazard mitigation projects within Tompkins County. 4.5 Host a Conference on Local Flooding Perceptions: The results of this survey indicate that professionals working on flooding with Tompkins County believe that they have a strong grasp of the subject, yet the survey responses indicated high levels of disagreement with respect to how we define a flooding event, where flooding is occurring, how often it is occurring, and what minimum level of protection should be provided. A discourse among decision makers of Tompkins County would help flooding practitioners recognize these differences, and hopefully provide a path towards more interdisciplinary work moving forward. 4.6 Inter-governmental / Agency Work: The EMC encourages the county to take up work that engages the towns and villages directly with respect to flooding hazard and risk mitigation. DRAFT UPDATED BY-LAWS of the TOMPKINS COUNTY ENVIRONMENTAL MANAGEMENT COUNCIL Article I. NAME The name of this organization shall be the Tompkins County Environmental Management Council. ”Environmental Management Council” may also be referred to as “EMC” [and in these Bylaws as “Council”]. This organization is established by the Tompkins County Board of Representatives with Resolution No. 103 in 1971 (Article 19 Conservation Law).This was accomplished pursuant to Article I of the New York State Constitution [and Article 47 of the NYS Environmental Conservation Law. This Resolution was amended by Resolution no. 476 of 1990. The EMC was restructured by Resolution No. 295 of 1999. The EMC shall adopt By-laws and rules and procedures governing its operations, and shall file a copy thereof with the County Legislature. It shall keep accurate record[s] of its meetings and activities and shall submit reports as provided hereinafter. All meetings of the EMC shall be open to the public in accord with the NYS Open Meetings Law. Article II. PURPOSE The purpose of this organization shall be to preserve and improve the quality of the natural and human- made/human-modified environment within Tompkins County for the present and future inhabitants of Tompkins County [and] in the face of population growth, urbanization, and technological change with their accompanying demands and effects on natural resources. To this end the EMC shall identify problems, propose priorities, and coordinate activities in the development and management of our natural resources; provide a public forum for education, discussion, and resolution of relevant problems and issues; foster unified understanding and action on environmental problems among local governments and among public and private agencies and organizations. The EMC shall advise the County Legislature on matters affecting the preservation, development, and use of the natural resources and conditions of the County insofar as they have a bearing on environmental quality and, in the case of human activities and developments, with regard to any threats posed to environmental quality, so as to enhance the long-range status and] value of the environment to/for the people of the County. It is recognized that the natural environment has intrinsic value; that humans are dependent on it for survival; and that the natural and functional beauty of our surroundings condition the quality of our life experience. The only way to preserve, protect, and improve this natural environment is with the full and informed cooperation and participation of all local governments in the County and New York State working in concert with each other. Article III. POWERS and DUTIES. The powers and duties of the EMC shall be to: a) Interact regularly with the appropriate County Legislative Committee. b) Advise the County Legislature through the appropriate Legislative Committee, on matters affecting the preservation, development, and use of the natural resources and conditions of the County insofar as they have a bearing on environmental quality and, in the case of human activities and developments, with regard to any threats posed to environmental quality, so as to enhance the long-range value of the environment to the people of the County. c) Develop and conduct a program of public information in the County which shall be designed to foster increased understanding of the nature of environmental problems and issues and their solutions. d) Develop and recommend a program to improve the coordination and effectiveness of public and private projects and activities in the County and State in accord with the purposes of this resolution, working in cooperation with local CAC/CBs and local planning boards, insofar as such agencies have been established, and with other public and .private agencies, focusing particularly on those matters relating to environmental quality which require intergovernmental action. e) Conduct, with appropriate coordination with existing or prospective work of a similar nature performed within the County, studies, surveys, and inventories in accord with the general purposes of this resolution, including but not limited to surveys and studies for identification of those open spaces, natural areas, marshlands, swamps, and other wetlands and other natural and scenic features which are of a local, County or regional significance and for which records shall be maintained, and make recommendations to the appropriate Board Committee for the appropriate preservation and use of such areas and features. f) Recommend to the appropriate Legislative Committee plans and programs for environmental improvement for inclusion in the County master plans, including but not limited to the recommendations in the report and plan as required. g) When authorized by further resolution of the County Legislature the EMC may accept by gift, grant, devise, bequest, or otherwise, property both real and personal in the name of the County, as may be necessary to conserve and otherwise properly utilize open spaces and other land and water resources within the boundaries of the County. Such real property may be accepted in fee for land and water rights, or as any lesser interest, development right, easement, including conservation easement, covenant, or other contractual right including conveyance with limitation or revisions. Article IV. MEMBERSHIP and TERMS The County Legislature shall appoint all voting members of the EMC who shall serve at the pleasure of the County Legislature. The total number of voting members on the EMC shall be at least twenty-one (21) but no more than twenty-eight (28). Each appointee shall serve a two-year term, with initial terms staggered so that roughly one-half of all seats shall expire on the last day of one year, and one-half shall expire on the last day of the following year. Staggering of appointments began with the appointment[s] of 2000. Section 1. Classes of members A. Regular members. Regular members are those appointed by the County Legislature. Municipal members. Each city (1), town (9), and village (6) governing body in the County shall appoint one EMC member. If the municipality has established a Conservation Advisory Council (CAC) or Conservation Board (CB) that municipality may recommend a member of its CAC/CB for appointment. If the municipality does not have a CAC or CB or does not have a member of that body wishing to serve on the EMC, the governing body may appoint a resident from its municipality interested in serving on the EMC. This municipal representative shall serve a two-year term, and is expected to attend the local municipality’s regular meetings, bring information of environmental activities or concern back to the EMC, and provide the local municipality at least quarterly with a report of EMC activities. Each municipality will be given three months (September 1 – December 1) to recommend a person to be appointed to the EMC by the County Legislature. If the municipality does not give a formal recommendation (a resolution of the local government body) by December 1, then the municipality forfeits it seat on the EMC for the first year of that two-year term, and the County Legislature may appoint an at-large member to fill that seat for one calendar year. If a municipal seat is vacated during a municipal appointee’s term, than the municipality will again have three (3) months to make a recommendation to fill that vacancy, and, if no recommendation is made, the County Legislature may appoint an at-large member to fill that seat for the remainder of the term. At-large members. The County Legislature shall appoint at least five (5) at-large members to ensure a broad-based representation of environmental expertise and interests within the county. All at-large members shall be residents of the County who have expressed interest in the improvement and preservation of environmental quality in the County. The EMC may make recommendations for these appointments, and may maintain a list of persons interested in such appointments. Non-voting liaisons. A representative from the County’s Environmental Health Division, from the Soil and Water Conservation District, from the Water Resources Council, and from the appropriate Committee of the County Legislature may serve as liaisons and non-voting members of the EMC. Attendance. When a Regular Member fails to attend three consecutive regular meetings, unless such absence is for good cause and is excused by the Chair or other presiding officer thereof, the office may be deemed vacant by action of the appointing authority for the purposes of the nomination and appointment of a successor. B. Associate members. Associate members are those appointed by either the EMC Chair or a Committee Chair to serve on a committee or to act as a liaison to other boards or organizations or to bring useful expertise or experience to the EMC. All of those persons interested in being an Associate Member must fill out the standard application form and have it filed with the Legislature Clerk. Section 2. Application procedure. The Application form to serve on a County advisory board such as the EMC is available from the County Legislature Clerk. The application will be reviewed by the appropriate committee of the County Legislature before being considered for action and acted on by the Legislature. Article V. OFFICERS The officers of the organization shall be a Chair and three Vice Chairs. No member shall hold more than one office at a time. Section 1. Selection, powers, and duties. A Nominating Committee, chaired by a [voting] member of Council and consisting of not fewer than three (3) voting members, a majority of whom shall not be members of the Executive Committee, shall be appointed by the Chair. The Nominating Committee shall report to Council on nominees for positions. Nominations may also be made from the floor. Vacancies occurring during the year in any of the elective positions shall be filled by action of the Executive Committee, subject to approval by Council. Chair. The EMC members shall elect from among themselves a Chair subject to confirmation by the County Legislature. A vote to recommend a Chair to the Legislature shall be held at the last Council meeting of the calendar year. The Chair serves as the official representative and chief administrator of the EMC. The Chair shall: preside at all general meetings of the EMC and at all meetings of the Executive Committee; call special meetings of the Council or Executive Committee, or cancel a scheduled meetings if deemed necessary; appoint members of committees, subject to majority approval of members of the Council; appoint members to represent Council to other public bodies, subject to majority approval of members of the Council; serve as Council’s primary liaison to the County Legislature. Three Vice Chairs. Vice Chairs shall be elected annually at the Organizational Meeting by the Council from among the voting members, each for a term of one year. The duties of the Vice Chairs shall be agreed among themselves and the Chair and shall be to: 1) Serve as Chair pro tem in the absence of the Chair of, in the event of a vacancy, until the Legislature confirms a new Chair; 2) Serve as Council Parliamentarian; 3) Coordinate the preparation of the Annual Work Program, the Annual Report, and the State of the Environment Report; 4) Monitor the Council’s finances and report semiannually; 5) Assist in the preparation and submission of the annual budget; and 6) Attend meetings of the County Legislature when necessary, present Resolutions to the Legislature when appropriate, and follow up on actions affecting the Legislature. Article VI. COUNCIL MEETINGS Annual Organizational meeting. An Organizational meeting shall be held in January of each calendar year; the date for this meeting will have been set at the last meeting of the previous calendar year. Schedule of meetings. At the annual Organizational meeting a regular schedule of meetings for the year shall be agreed upon. Conduct of meetings. In the conduct of meetings and the transaction of Council business, the presiding officer shall follow Robert’s Rules of Order and common sense. In the event of a conflict between Robert’s Rules of Order and these By-laws, these By-laws shall take precedence. All meetings are to be conducted in accord with the NYS Open Meetings Law. Quorum. A quorum for the transaction of business shall consist of a majority of the seated voting members of the Council; similarly for Executive Committee meetings. Proxy voting shall not be permitted. Action. Action by the Council, except for By-laws amendments, shall be by majority vote of the seated voting members of Council; proxy voting shall not be permitted. Agenda. A written agenda for each regular Council meeting shall be provided to members at least two days prior to each regular meeting. Resolutions. A Resolution detailing the reasoning behind and action following from that reasoning shall be a useful way for Council to take action Record of meeting. An assigned staff member from the County Department of Planning and Sustainability shall produce draft Minutes of each Council meeting, which Minutes must be acted on by Council to become official. VII. ORGANIZATIONAL STRUCTURE A. The Executive Committee shall be composed of the Chairperson and three Vice Chairpersons. A quorum for the transaction of business shall consist of a majority of the seated voting members for meetings of the Executive Committee. All members of the Executive Committee shall serve a term of one year. The duties of the Executive Committee are to: l. Perform a project review function by evaluating new issues as they arise, and recommending to the Council issues which warrant Council attention; 2. Prepare the agenda for general meetings; 3. Monitor the progress of committee work by receiving regular reports from all committees; 4. Review the Council's budget at least semiannually; 5. Prepare and submit the annual budget to the Council for its approval before submission through the Commissioner of the Department of Planning and Sustainability to the Tompkins County Legislature; 6. Act on behalf of the Council in administrative matters in those circumstances in which the Council has specifically authorized the Executive Committee, by resolution duly adopted, to act, exercise discretion, release reports, expend funds in a manner consistent with County Policy up to an amount authorized by the Council, or otherwise implement business on the Council's behalf; 7. Approve the recruitment and participation of student interns and other temporary assistants in the Council's work; and 8. Perform such other executive functions as may be needed to further the interests of the Council. B. Committees shall be established by Council vote on an as needed basis. Committees will be temporary in nature. Each committee shall consist of a committee chairperson, elected from among the voting members of the committee, and at least one additional voting member appointed by the Council Chairperson. Each committee may utilize the services and assistance of ex officio members of the Council or associate members for technical assistance. The term of committee members shall be one year or until the assigned task is completed. All committees shall be responsible to the Executive Committee and shall make reports of their activities, future plans, and from time to time as shall be required, to the Council. The duties of each committee are to: 1. Become knowledgeable of matters affecting the subject area of the committee; bring such matters which are of particular concern to the attention of the Executive Committee; 2. Report to the Council a summary of the State of the Environment in the subject area of the committee and assist the Vice Chairpersons in the preparation of the Annual Work Program and the Annual Report; 3. Consult with the Council Chairperson in the appointment of associate members to committees within its subject area; C. To establish a committee or to add additional tasks, the following criteria must be met: 1. There must be two EMC members who are committed to seeing the project through to completion. 2. The project must not take time or energy away from the existing priorities (in other words, additional time must be promised for the new project). 3. Additional person power needed must be recruited in the form of affiliated participants, not regular EMC members. 4. New projects must be approved by the EMC and may be dissolved by the EMC at any time. 5. Final results, recommendations, actions, etc. of the project must be approved by the full EMC. VIII. POLICIES AND PROCEDURES Policies and procedures for the operation of the Council, not otherwise covered by these By-laws and within the discretion of the Council, shall be established by action of the Council and may be modified from time to time. IX. ADOPTION AND AMENDMENTS These By-laws shall be adopted or amended as follows: by motion carried with a majority vote of the seated voting members at any regularly scheduled meeting of the Council. The approved motion must be voted on again at a the next scheduled regular meeting at which time the motion shall be approved by a two-thirds vote of the seated voting members and thereafter filed with the County Legislature.