Planning & Economic Development Committee Minutes 09/16/15. Minutes. Planning & Economic Development Committee

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1 Minutes Planning & Economic Development Committee Wednesday, September 16, 2015, 6:00 p.m. Gerace Office Building, Mayville, NY Members Present: Borrello, Chagnon, Ahlstrom, Niebel, Heenan Others: Gould, Tampio, McCoy, Gooch, Smith, Hemmer, Himelein, Abdella Chairman Borrello called the meeting to order at 6:00 p.m. Approval of Minutes (08/19/15) MOVED by Legislator Heenan, SECONDED by Legislator Chagnon Privilege of the Floor There was no one to speak. Local Law Intro 2-15-A Local Law Prohibiting the Sale of Personal Cosmetic Products Containing Microbeads in Chautauqua County Chairman Borrello: You actually have a second version or a print 2 on your desks. This is incorporating a few changes that were made. I would like to consider this as a replacement for the current Law. Is that correct Steve? Do you want to step up and tell us how we go about replacing that? Mr. Abdella: I had been approached by George with a couple of questions and concerns and so he did have me produce what we are calling a print 2 this afternoon. That really accomplishes two things. One is we had noticed that the Local Law and this was based on Erie County s Law seemed to interchange in one place the use of the words personal cosmetic products verses personal care products and after some back and forth s it was decided that personal care products was just a preferable term. So, that is the term used throughout the Local Law now and there is no reference to cosmetic products. So, the definition is the same it is just using personal care product throughout instead of these interchanged references to personal cosmetic product. The second item was a suggested change to the enforcement penalties and which originally were stipulating a $2,500 per day penalty for a first violation and then $5,000 per day for a second and succeeding violations. George had suggested to reducing that to $1,000 for the first violation and then $2,500 for subsequent violations. Those are really the two changes. 1

2 Chairman Borrello: I will just add that after talking with some colleagues and fellow Legislators and others that there would be more of an appetite for being a little more business friendly for those folks that may have certainly been ignorant of the Law so to speak and we want to make sure we are not doing anything that could be potentially damaging particularly to a small business. So, the $1,000 first penalty or up to $1,000 I might add is seemingly more appropriate. Also we are in discussions with County Clerk Barmore and the idea of a warning letter would be probably most appropriate for a first offense. Again, we are not looking to cause any financial distress to any businesses and we are certainly not looking to turn this into revenue generating we truly want people to just eliminate them from their shelves as the purpose of the Law is. So, that is just to clarify that. So, then how do we go as far as this amendment and what the proper procedure is? I realize it does change because this Local Law was mailed and how can we at least address this here and should we address both as far as the discussion? Mr. Abdella: Because it is a Local Law, then it can really only be amended on the floor of the Legislature and under the usual rules it would then have to sit for another month however if the County Executive issues a letter of necessity to take it up under emergency consideration then the amended version could still be considered at the meeting next week with a two-thirds vote. Chairman Borrello: So, we would then discuss it and amend it and then there would be a declaration at the meeting by the County Executive if we so choose to with two-thirds vote to vote on it that night? Mr. Abdella: Yes. Chairman Borrello: Thank you and are there any questions for Steve on the language? Okay we can move into the discussion then. Legislator Niebel: Mr. Chairman, just one question to Steve or to you regarding the effective date, this Local Law shall become effective 180 days after the filing with the Secretary of the State. Assuming this is passed next Wednesday and then it is filed with the Secretary of the State and Steve then 6 months from then is May or June of next year. I am just wondering if we can have either 180 days after the filing with the Secretary of the State or July 1 st whichever is later. I am thinking like July 1 st would be a date certain where the 6 months could be an odd date or whatever. My thinking there is that if it is a date certain like July 1 st then the public and environmentalist and public officials and everybody even the business people and manufacturers would know that it is the date that they have to eliminate the microbeads. That is just a thought. Chairman Borrello: Is there anyone else on that particular topic? Just mu opinion is that we are matching as close as possible to the Erie County Law which has already passed so their 6 month clock is already ticking. So, I would like to get it as soon as possible. Legislator Niebel: Okay, but their deadline George or when they are effective is December 31 st or January 1 st of 2016 isn t it? 2

3 Chairman Borrello: No, it is 6 months. It is 180 days like ours is. In that sense it is the same and we will just be a month and a half roughly I am guessing later if this were to pass. Legislator Niebel: I am just thinking that if we had a date certain like July 1 st and I am just taking that as an example then everyone would know that it is the date that this goes into effect. I mean we don t have to have 180 days after the filing with the Secretary of the State so we? We can change that a little bit can t we? Mr. Abdella: Yes. Legislator Niebel: I mean I just throw that out as a suggestion. Chairman Borrello: I mean I would like to stick with the 6 months but I am open to the idea if it is 6 months or it says hypothetically October 1 st but really 6 months would be closer than July 1 st. It would actually be November 1 st excuse me it would be like May 1 st. But, if you want to put a date certain on there and what you are saying I understand and this is the date or here is the date. Legislator Niebel: That is the date that we can publicize and that is the date that everybody will be on board with and that is the target date that we shoot for. I mean where 6 months after could be May 24 th or June 23 rd or whatever it is. It is just a thought or just a suggestion. Chairman Borrello: Does anyone else have any comments on that or any thoughts on that? Again, I like the parity with Erie County so I would prefer to stay with 6 months but I understand what you are saying but I would prefer we stay with the 6 months and I don t how anybody else feels on the committee and certainly that will end up on the floor as well. Does anyone else want to comment on this law? I will just add that myself personally this is something that I have been working on for quite a while and I am happy that we are considering this and moving it forward. I am concerned mostly about the small businesses here in Chautauqua County that are affected by the impression and the public opinion that perhaps because these microbeads the water and the fish in our lakes would not be safe. So, I think this will move in the right direction as quickly as possible letting people know that we understand the sense of urgency here and that we are taking steps to correct that and hopefully this will be something that will be taken up in the State and they have already passed it in the Assembly and the details need to be worked out in the Senate. I am told that it is underway for the next session and I hope that they do that as quickly as possible. This is important not only for the environment and for public safety but also for the businesses in Chautauqua County that rely on the safety of the fish coming out of our lakes. Legislator Chagnon: Mr. Chairman, I would like to commend you for bringing this issue forward and for so deliberately pursuing a reasonable approach to this. Your efforts to protect the environment and particularly our aquatic environment is something that we shall take pride in. Chairman Borrello: Thank you and I appreciate that. 3

4 Legislator Niebel: Mr. Chairman, I was very impressed with the professor from Fredonia State that came and addressed the Legislature and gave the presentation that she did. I will be supporting this Resolution although I would prefer to see some sort of date certain but regardless I think it is important. The thing that stood out as far as I was concerned was that a lot of the Microbead density is right off from Hanover of Erie County and Chautauqua County. So, I think that this is definitely a step in the right direction and I will be supporting this Resolution here this evening and thank you for taking the initiative on this. Legislator Ahlstrom: Mr. Borrello, could we have for the Legislature Meeting on Wednesday or beforehand the effective date of Erie County s? Chairman Borrello: Sure. Legislator Ahlstrom: We can have a discussion on adding a date to it but maybe like you said if we want to mirror it. Is there any limit Steve and does it have to be or it has to be at least 30 days I would guess but is there any limit on how close we can have an effective date? Mr. Abdella: Not really with this one and I think to the extent even if you match Erie County s you will be out some months. I think you will be okay. Chairman Borrello: Kathy, can you check tomorrow to see if they can give you an effective date that would be helpful. Clerk Tampio: They received notice from the Department of State that it has been filed. Chairman Borrello: That is a good suggestion thank you. So, we are going to vote on this not amended just to be clear and then we will address the amendments at the Legislature. If there is nothing else, all those in favor please say aye. Proposed Resolution-Authorize Acceptance of New York State Environmental Conservation Funding for Dredging of Recreational Channels in Barcelona Harbor Dunkirk Harbor and Cattaraugus Creek and to Support an Invasive Species Management Program in the Chautauqua Lake Watershed Mr. McCoy: This Resolution is simply about a great opportunity to bring some money in from New York State to support several very important projects to Chautauqua County. I am hopeful that it will be approved this evening. Chairman Borrello: If you could just give a little background on the meeting that we had yesterday with all of the stake holders which are Westfield, Town of Hanover and Dunkirk just to bring everyone up to speed on the reason why we have this Resolution and kind of the ducks we are putting in a row on this would be very helpful. 4

5 Mr. McCoy: It is kind of a long story and it has evolved over a number of years. Essentially Senator Young has been able to provide some funding for dredging and also evasive species and management in Chautauqua Lake. With that being said, there is an initial commitment of $75,000 to the Town of Hanover and then it was followed by subsequent commitments of $100,000 to the Town of Westfield and the City of Dunkirk an additional $75,000 to the Town of Hanover. Chairman Borrello: Also, we do have an amendment based on the fact that just to be clear the $75,000 that was originally awarded to the Town of Hanover in the 2013 cycle or 2014 cycle I believe it was so that money we thought originally was going to go direct to Hanover but at the request of Senator Young they want this to now also be administered through the County. So, there is a change in showing an increase of $75,000 but that is actually money that was already from the State allocated for this project and it is just merely now being I guess lumped in with the other money and being passed through the County or administered through the County. So, there is a whereas here and everyone has a copy of it and then the amendment to the fifth whereas and the third resolved as outlined in the handout that everyone has. We will go ahead and make that amendment. MOVED to amend by Legislator Chagnon, SECONDED by Legislator Niebel Chairman Borrello: So, we have amended the Resolution to include that and now we will go ahead and vote on it or is there any discussion on the Resolution as amended? All those in favor say aye. Proposed Resolution-Petitioning the Commissioner of the New York State Department of Agriculture and Markets to Extend Review Dates for Chautauqua County Agricultural Districts No s 7 & 10 Chairman Borrello: So, there were some questions from the media actually on the agricultural district and if you could kind of give us a rundown of what the changes are and how it will be impacted. Mr. Gooch: This is part of a larger plan to consolidate the districts but to do so in an orderly fashion we have to take this step first which allows us to move the anniversary date which is when we have to review them by which was set in some cases 30 years ago. We will be on an every other year cycle so that way planning staff and Cornell Cooperative Extension staff won t be tasked with doing 9 of these throughout the course of the year. It will allow us to do it in a much more organized fashion and come into compliance quicker if we were to not take this step of moving the anniversary date. Chairman Borrello: Are there any questions on this? All those in favor say aye. 5

6 Other Chairman Borrello: We have something before us for the sewer agency Pierre if you just want to kind of review that with us. Legislator Chagnon: Well, it appears from all of the correspondence that was flying around the last day or two that this Resolution was originally prefiled with Public Facilities and it appears that it is more appropriately should have been prefiled with Planning & Economic Development. So, the suggestion was that we consider that Resolution here this evening I believe or at least that was the last position that was taken. Chairman Borrello: I think the late breaking news on that might be that it can still be signed through and we don t necessarily have to vote on it here in this committee. Mr. Abdella: I mean you are free to vote on it if you wish to bring it up under other. Otherwise Legislators could just sign it and that would also get it to the full prefile. Chairman Borrello: What is your pleasure? Legislator Ahlstrom: I would prefer that if there is a Legislator here tonight that wants to sign it that they sign it and bring it to the Legislature. I really don t think it is fair to us as a committee to be discussing a Resolution that we are going to see for the first time and we have no basis of the history of it when there has already been a committee right or wrong that had that had that discussion. The end result can still be the same if it gets signed through it will come up next Wednesday night and we will have our chance when we get the prefile to see that it is on it and ask the questions that we want. I think that is a cleaner way of doing it than us voting on it without having it assigned here through the normal process. Legislator Chagnon: It will also be considered tomorrow morning at Audit & Control. Chairman Borrello: It is already on our agenda for Audit & Control. Legislator Chagnon: So, would that be sufficient Steve for Audit & Control if it passes to bring it forward? Mr. Abdella: Yes. Legislator Chagnon: So, Keith would you prefer a Legislator sign it forward? Legislator Ahlstrom: I think a Legislator needs but if it is voted on tomorrow and passed it doesn t matter. Mr. Abdella: It was developed as the practice if a committee passes it then all of those who voted aye end up signing it and that is how you get your signatures. 6

7 Legislator Ahlstrom: I would sign it tonight here in favor of it just to make sure and you are on Audit & Control and you can sign it tomorrow but if it were me I would sign it just to make sure that it is there. Legislator Chagnon: I will sign it tonight then. Chairman Borrello: Is there anything else under other that we need to discuss? Mr. McCoy: I just want to add that there was a prior amendment to the language for the source of the funds. Chairman Borrello: Do we have that written down so that we can address that amendment tomorrow morning? Mr. McCoy: I actually do and I can give you a copy if you would like. Chairman Borrello: If you are not going to be here tomorrow I will bring it with me tomorrow. Mr. McCoy: It was originally written where it was a surplus from the 2% and actually it was previously unallocated revenue which is a slight difference. But, it is found money actually. Chairman Borrello: Great. Is there anything else under other? MOVED to adjourn by Legislator Heenan, SECONDED by Legislator Ahlstrom The meeting was adjourned at 6:24 p.m. Respectfully Submitted and Transcribed, Becky Cady, Committee Secretary 7