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HomeMy WebLinkAbout2003-12- 10T13 12 -10 -03 TOWN OF DRYDEN TOWN BOARD MEETING December 10, 2003 Present: Supv Mark Varvayanis, Cl Charles Hatfield, Cl Stephen Stelick, Jr., Cl Christopher Michaels, Cl Deborah Grantham Elected Officials: Bambi L. Hollenbeck, Town Clerk Jack F3ush, Highway Superintendent Other Town Staff: Kristin Strickland, Deputy Clerk Henry Slater, Zoning Officer Mahlon R. Perkins, Town Attorney Debbie Gross, Environmental Planner Supv Varvayanis called the meeting to order at 7:05 p.m. CITIZENS PRIVILEGE Terri Allen of Dryden Ambulance, Inc. presented the monthly report. There were 96 calls for the month of November, bringing the year to date total to 1,017. $412.47 was collected for 2002 transports ($47,025.14 year to date). $27,903.90 has been collected for 2003 transports ($174,313.52 year to date). For 2003 transports there is an outstanding balance of $13,488.00. COUNTY BRIEFING Mike Lane reported the County has passed the budget and hopes that neat year's will � not be such a difficult process. He said it was always tough when members of a board are in y transition. He said there is nothing more honorable a. person can do than serve in local government, whether it is as an elected official, an employee or someone who serves on a board � or agency. The lime that: you serve in local government is appreciated by the electorate. He said he thinks Deb and Mark and Charlie have done a terrific service to the people of the Town of Dryden and beyond, and he w =ants to thank all three of them and wishes that in the future they will still be involved. COUNCIL PRIVILEGE Cl Hatfield, as a board member and resident: of the Town, thanked Supv Varvayanis and Cl Grantham for their time and effort put into serving the Town of Dryden. Cl Grantham thanked Cl Hatfield. Cl Stelick thanked Cl Hatfield for his time served and said that he was very helpful when Cl Stelick started as a board member. He said that Cl Grantham's service to the Town had been outstanding and he appreciates the time they spent together because she taught him a lot. He told Supv Varvayanis he has learned a lot from him, and while they haven't always agreed on things, he appreciates the time spent together, that he has really been schooled on a couple of things and appreciates the effort and time spent. Supv Varvayanis thanked Cl Grantham and Cl Hatfield for their time spent serving the Town.. Cl Grantham said that the Town of Caroline put some money into their budget for 2004 for contracting for environmental services. They are talking to the County and to the Cayuga Lake Watershed Intermunicipal Organization and are interested in talking to the Town of Dryden about contracting for some of Debbie Gross's tame. This would help the Town's budget. Cl Grantham said that the projects Caroline has in mind would make sense for D Gross to work on, such as their aquifer study, possible comprehensive plan development, development Page 1 of 13 M 12 -1Or03 anti implementatiorn of the County All- Hazard Mitigation Plan, and the Phase H Storinwater Planning and Implementation_ These things would dovetail which what is already being done I the Town of Drydsn. This is something the next board would have to act on_ but C1 Grantham would Like to tape a sense of this board back 110 Todd Schmitt. of Caroline_ The board agreed this would be something to investigate. HIGHWAY DEPARTMENT Highway Supt Jack Such told Cl Grandi am that there is nu doubt in his Mi d that she is very dedicated axed believes in what she is doing and in spite ofwb ;A some people way have said irk the past, he thinks the Highway Superintendent has worked very well with this Town Board and 990/0 of the time they didn't have any diDarences. He appreciates what she has done for the Tawas and what she has done to help him with what he is trying to do wiO-L the Highway Department in moving it forward. J Bush told Supv Varvayariis that in spite of some differences they 1) 2we had, he thixxks the Supervisor has done a good job for the Town of Diyden, that he is fiscally rer>pansible and has tried to do what he thought was right for the town, and that he appreciates the support received. To Cl Hal field, J Bush said he appreciates the support he has received, and that he is glad that C1 Hatfield will he able to spend more time with his family because he has clone his share for the Town and done it well. The board has received a memo from J Bush describing a defensive driving course he would like highway employees to participate M_ The course will be held at 0-m Dryden [pillage Flap and maximum expense to the Tour will be $510900_ C1 RESOLUTION V168 - APPROVE DEFENSIVE DRIVING COURSE 1 Hatfield offered the following resolution and asked foT its adoption: RESOLVE, DA that this Town Board hereby authorizes the expense of up to $510.00 to cover the cost of highvtray employees participa#un in a defensive drivix19 course_ 1i Cl Stelick Roll Call Vote Cl Hatfield Yes Cl Stelick Yes upv Vaivayarlis Yes Cl Michaels Yes C1 Grantham Yes With respect to the fly -over to be done for Bunt Hill Road and Genung Road, J Bush said that has been completed and the board needs to decide whether to proceed with the mapping. D Putnam said the board had authorized $6,000 last March for the fly -over and ground contrul_ The fly -aver has been completed., ground control will be done shortly and the mapping will be produced after the hoard has authorized the additional $16,500 to complete the project, RESOLUTION 4169 - AUTHORIZING EXPENSE FOR MAPPING FOR HUNT HILL AND GENUNG ROADS Cl Grantham offered the followixig resolution and asked for its adoption: RESOLVE, D, that this Tow-r3 Board hereby approves the expenditure of up to $15,600 to complete the mapping for Hunt Hill and Genung Roads— na Cl Michaels Roll Gall Dote Cl Hatfield Yes Page 2 of 13 TB 12 -111-03 Cl Stclick Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes RECREATION DEPARTMENT Jennifer Glaab presented the Board with her monthly report. There will be caroling in the Village of Dryden on December 19 and in the Village of Freeville on December 20. This is free and open to the public. Turnout for the orienteering meet on November 16 was loxv, probably due in part to poor weather. They will try again in a warmer month and will advertise more. In -house basketball will end on Saturday (program had 105 participants) and travel basketball will begin the end of the month. Registrations are currently being accepted for that together with wrestling and volleyball. Indoor soccer will be co- sponsored with the Dryden Soccer Club (grades k -12) and will start. in January. There is also an adult soccer program available to residents that runs year round. J Glaab presented the board with a survey form that has been approved by the Recreation Commission. She would like to distribute this to different: groups in the Town and perhaps put it as an insert in The Shopper. It seeks input from the community on what kind of classes and workshops they would like to see provided by the Recreation Department in 2004. Financial report Nvas distributed to board members. J Glaab said she has worked on the Town's web site with Kevin Ezell and B Hollenbeck. She hopes to have it up some time in January. ATTORNEY Last week the board discussed appropriating a sum of money to prepare a Map, Plan and Report for a new water district and sewer district to be formed off Royal Road. Atty Perkins has provided the board with draft resolutions to appropriate $1,750 for each proposed district. The understanding with TG Millers is that if these resolutions pass and the 30 days go by and no petition for a permissive referendum is filed, that they will first do a feasibility study to determine if there is enough interest to proceed with the full Map, Plan and Report. The costs will not exceed the $1,750 each after the feasibility study is done and there is determined to be enough interest. The procedure is to adopt the resolutions, publish and post a notice of adoption and wait 30 days for it to become effective. RESOLUTION # 170 - RESOLUTION APPROPRIATING FUNDS FOR PREPARATION OF GENERAL MAP, PLAN AND REPORT FOR PROVIDING FACILITIES, IMPROVEMENTS AND SERVICES IN A PROPOSED WATER DISTRICT IN THE TOWN Cl Michaels offered the following resolution and asked for its adoption: WHEREAS, the Town Board of the Town of Dryden (the "Town") proposes to establish a water district in the following described portion of the Town: that area which comprises parcels abutting Royal Road, but is not necessarily limited by such parcel boundaries; and WHEREAS, the Town Board proposes to acquire, construct and install a water supply and distribution system in the proposed water district. ® NOW, THEREFORE, BE IT RESOLVED, subject to permissive referendum, that. the sum of One Thousand Seven Hundred Fifty Dollars ($1,750.00) is hereby appropriated to pay the Page 3 of 13 TB 12 -10 -03 ® cost of preparing a general map, plan and report for providing water system facilities, improvements and services in the above described portion of the Town, and be it FURTHER, RESOLVED, that T.G. Miller, P.C. Engineers and Surveyors are hereby authorized and directed to prepare such map, plan and report within the limits of the amount appropriated therefor, and upon completion thereof to file the same in the office of the Town Clerk. This resolution is subject to permissive referendum as provided in Town Law Section 209 -b, in the manner provided in Article 7 of the Town Law, 2nd Cl Stelick Roll Call Vote Cl Hatfield Yes Cl Stelick Yes Supv Varvayatnis Yes C1 Michaels Yes Cl Grantham Yes RESOLUTION Ii 170 - RESOLUTION APPROPRIATING FUNDS FOR PREPARATION OF GENERAL MAP, PLAN AND REPORT FOR PROVIDING FACILITIES, IMPROVEMENTS AND SERVICES IN A PROPOSED SEWER DISTRICT IN THE TOWN Cl Michaels offered the following resolution and asked for its adoption: WHEREAS, the Town board sewer district in the following dcscr parcels abutting Royal Road, but is WHEREAS, the Town Board in the proposed sever district, of the Town of Dryden (the "Town ") proposes to establish a ibed portion of the Town: that area which comprises not necessarily limited by such parcel boundaries; and proposes to acquire, construct and install a sewer system NORM, THEREFORE, BF: IT RESOLVED, subject, to permissive referendum, that the sum of One Thousand Seven Hundred Fifty Dollars ($1,750.00) is hereby appropriated to pay the cost of preparing a general map, plan and report for providing sewer system facilities, improvements and services in the above described portion of the Town, and be it FURTHER, RESOLVED, that T.G. Miller, P.C. Engineers and Surveyors are hereby authorized and directed to prepare such map, plan and report within the limits of the amount appropriated therefor, and upon completion thereof to file the same in the office of the Town Clerk. This resolution is subject to permissive referendum as provided in Town Law Section 209 -b, in the manner provided in Article 7 of the Town Law. 2nd C1 Stelick Roll Call Vote Cl Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes Cl Michaels Yes C1 Grantham Yes Atty Perkins said that in November the board had discussed redrafting the proposed local law which would redesignate the Town of Dryden Conservation Advisory Council as a Conservation Board. The discussion was triggered by a request: from the CAC that the Page 4 of 13 TB 12 -10 -03 previously discussed local law be revised to provide for their review and input principally in Type I SEQR actions. Those are actions which are likely to have one or more potential adverse environmental impacts. The proposal has been redrafted and it provides that the referral is discretionary rather than mandatory. This retains to the referring board (ZBA, Planning Board, Site Plan Review Board or Town Board) the discretion on whether particular things will be referred to the Conservation Board. It also expands the class of actions that might be referred to the CAC to include unlisted actions which have the potential for having one or more significant environmental impacts which might require a positive declaration of environmental significance. Atty Perkins said arguments can be made both ways about: whether or not the referral should be mandatory. He is recommending that it be done on a discretionary basis that you can determine in each particular instance whether the input of the Conservation Board would be helpful, and allows the board to set the time frame in which a report would have to come back to the board. It seems to give the maximum amount of flexibility to the referring boards. Cl Grantham said that would mean an applicant would have to come with a complete application to the board that would be hearing it, the board would have to look at it and then ,say they want to send it to the Conservation Board, so it would be adding steps to the process. Atty Perkins said there is included a paragraph that says developers and /or applicants are strongly encouraged to present their proposals to the Conservation Board for review and comment prior to formally submitting their application. 'There is no fee to submit proposals to the Conservation Board. Atty Perkins said from an administrative point of view when a potential Type I action or significant project comes to the Zoning Office the applicant will need to be made aware that this is what they should be doing so they can themselves shorten the time frame for the review. Cl Grantham said that would be a review of an application that is not necessarily complete. Atty Perkins said that is correct and there is no intent that any time limit be extended; deciding to review an application to the Conservation Board adds no length of time to review process. If the applicant talks to the Conservation Board early on about the project and outline it in significant enough terms, it will save time in the long run. Cl Grantham said that would make for better project application before it comes for review, but it seems like there should be fixed criteria for which projects go for review by the Conservation Board so it can be a complete application when it goes to the CB. Atty Perkins said there are different actions which have time limits; a complete application needs to be acted on in a specific period of time. Atty Perkins said a determination needs to be made first if the project is subject to SEQR and secondly if it is a Type I action. The reviewing board needs to determine if it is something that needs to be referred. Cl Grantham said a concern this Fall when the matter was initially discussed was that this could interfere with timelines under zoning and SEQR, and if there could be a list of things that trigger review by the Conservation Board before it comes to the Town Board it would save time. Supv Varvayanis said he thought the concept was that if they were going to receive unofficial review and are working together, by the time there is an official application the Conservation Board is already on top of the matter and can complete its review quickly. Atty Perkins said the concept is to have a better project and that by encouraging them and pointing out to the applicant they will be subject to Conservation Board review, and ask the applicant to do it early and save time and effort in the long run. Cl Michaels suggested the law could be written to say that if an applicant submits a project for Conservation Board review, the Conservation Board shall submit a written report within a certain number of days so it can be submitted with the application to the review board. Atty Perkins said they would have to specify whether the report pertains to the original project or the project with any revisions made pursuant to suggestions by the CB. Atty Perkins said the simplest way to solve any time frame problem is for the referring board to tell the ® Conservation Board when they need the report from them, rather than try to build times into the local law. Pagc 5 of 13 TB 12411 -03 Debbie Gross said that she had sent the proposed local law to the Conservation Advisory Council members. She has spoken with four of them, and the Chair is out of town. The ones she spoke with seem to be comfortable with it and would like to move forward. They did have some question about whether it should be a discretionary process or specifically mandatory for a SEQ12 Type I project. Cl Michaels said he would like the input of the CAC with respect to SHQR Type I projects, and he likes the flexibility that Atty Perkins referred to. He is concerned about: changes being made and then not reviewed again by the CAC before the project is presented to the board. Cl Grantham said the report on the comments that the CB reviewed can go with the application, and the board can see the reasoning for any changes, and send it back to the CB if necessary. Cl Grantham said one of the problems with the SEQR Type I projects is the twenty day review period and that may not work well with meeting schedule~. It was noted that the CAC has said they could amend their meeting schedule as necessary. Atty Perkins said you are not talking about very many of those projects a year, and the more critical help is where a positive declaration has been made, and the important thing is the referral to the CB of draft environmental impact statements or part threes of environmental assessment forms that would be most helpful. He said the reviewing board would probably not need the help of the CB in making the initial determination. Cl Michaels said he agrees, and the concern he has is with the time frames and he would like to hear from the CAC on adding a time frame to reviews done by them on an advisory basis. Cl Grantham said if the CB had the application a few weeks before their monthly meeting so they had time to review it, they could make their comments the night of their meeting with the applicant. Cl Michaels and Cl Stelick said they would like to hear from the CAC on the local law as ® proposed. Cl Michaels said he likes that it is flexible in terms of what is mandatory. He would like to sce some more substance to the voluntary review process. Supv Varvayanis said that it seems after a positive declaration by the Town Board there should be a mandatory review by the CB. Cl Grantham said it seems foolish not to take their help; if a body like that doesn't have real work to do, it will erode away. They are interested in the work and in making a significant and substantive contribution. She would give them serious responsibility. Supv Varvayanis said they need to understand that even if it is a mandatory review, the way the governing board reacts is still its decision. They have no decision - making powers. The board «611 wait: for comment from the CAC. On motion of Cl Stelick, seconded by Cl Michaels, and unanimously carried, the board adiourned to executive session at 8:10 p.m., to discuss the proposed acquisition of real property (publicity of which could substantially affect the value thereof), and collective bargaining negotiations. Board came back to regular session at 9:15 p.m. RESOLUTION # 172 - HIRE NORTHEAST APPRAISALS Cl Michaels offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorizes the Supervisor to hire North East Appraisals to appraise a certain piece of real property, the cost of such appraisal not: to exceed $3,000. 2^d Cl Stelick Roll Call Vote Cl Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes Cl Michaels Yes Page 6 of 13 T13 12-10-03 Cl Grantham Yes RESOLUTION # 173 - AUTHORIZE UNION CONTRACT Cl Michaels offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the Supervisor to sign the collective bargaining agreement proposed by the Teamsters Union with the following modifications: In paragraph 11.41, second line, the words "at least" be deleted; in paragraph 13.1. the proposed addition identified as 13.1 shall be deleted in its entirety. The original language shall be reinserted with the addition of a 13.1 in front of that original language. (13.2 through 13.4 as proposed by the Union will stay in the agreement.) In paragraph 18.1 the following sentience shall be added after the word "shoes" in the third lane: "All employees shall be required to wear safety shoes." 2nd Cl Stelick Roll Call Vote Cl Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes Cl Michaels Yes C1 Grantham Yes RESOLUTION # 174 - APPROVE ABSTRACT # 112 Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves Abstract # 112, as audited, vouchers # 1027 through 1101, totaling $369,073.35. 2nd Cl Hatfield Roll Call Vote Cl Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes Cl Grantham said she will formally resign from the Cayuga Lake Watershed Intermunicipal Organization January first and would like the board to appoint Debbie Gross as its representative. She would like the Town to maintain active membership in that organization because you accrue benefits in terms of getting funding and it is important in the Phase 11 Stormwater work. Cl Grantham encouraged the Board to work with the Genessee Finger Lakes Regional Planning Board on a watershed local laws project. They would work with the Town to develop local laws to meet the Phase Il Stormwater requirements for sediment and erosion control. The local laws will have to be adopted and there will be no cost to the Town for the assistance provided by this group. They would like some assurance from the Town that is going to participate and adopt the local laws that are developed. They need to work with elected officials to make sure the local laws are useful and appropriate for the Town of Dryden. The project needs to be done by June. The board agrees this is important and would like their assistance, and Cl Grantham «ill let them know. Debbie Gross will be their main contact. initially. Page 7 of 13 TB 12 -10003 0 RFSOLUTICH # 175 - "PROVE MINUTES Cl Harlield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the following minutes as amended; May 7, 2003, June 4, 2003, .June 11, 2003, .July 2, 2003 , July 9, 2003, August 6. 2003, August 13, 2003, September 3, 2003, September 10, 2003, September 17, 2003, September 29, 2 003 , Octobez 1, 2003, October 8, 2003, November 5. 2003, and November 12, 2003. 210 Cl Michaels Roll Call Vote Cl Hatfield Yes Cl Stelick Yes Supv Varvay'aDis Abstained Cl Michaels Yes Gl Grantham Yes Atty Perkins said the County Commissioner of Planning scut to the Chair of the Planning Hoard a. proposed intergovernmental agreement which would exempt certain actions from hawing to be referred to the County Planning Department under Gencial Municipal Law §239(m) and § 39(n). He has looked it over and it probably only applies to one particular thing that the Planr3 ink, Board Might be involved in, because our Planning Board does nqt deal with variances, site plan review or special permits- 13e said that with corrections in some of the citations, there is ox0y one thing that applies to the Planning Board. There are similar contracts for the Zoning Board of Appeals and the Town Board, and it should be clear in each agreement what kinds of things each particular board has juri sdiction over. Ol Grantham said she didn't think it would affect the review process in any significant way, but may cumulatively save the County some work. Atty Perkias said this would not significantly cut doqLan on the referrals to the County because it is such a limited exception list that it will not cut down on their work a great deal. The Supervisor will sign on behalf of the Tawas Board and the Planning Board and Zoning Board of Appeals will make their own agreements (allowed by statute ). RESOLUTION #176 - AUTHORIZE AGREEMENT WITH TOMPKINS COUNTY PLANNING Cl Michaels offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the Tawas Supervisor to sign an Agreement with Tompkins County Planning regarding §239 reviews for the Town Board, subject 1'a approval by the Town Al'tarney- 2nd Cl Grantham Roll Call Vote Cl Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes Atty Ferkins has reviewed a contract presented by the Tompkins County SPCA. It is in large part similar to past contracts with some changes. It expands the hours the shelter wilt be open (no %v Monday through Sunday) - Formerly the SPCA was required to respond for requests for service behveeu 8:00 arm, and 5:00 p.m. Monday through Friday and that will now be 9:00 a.tn- to 5.00 p -m. Monday through Friday and have added 9 :00 a_rn- to 4:00 p -ui- on Saturday- Emergency coverage will still be 24 hours a day, 7 days a wreck. The amount of the contract is 17,559.96 for one year, the same amount as last year. The requirement that they subunit a Paige 8 of 13 TB 12 -10-03 voucher monthly was omitted from the contract: and if the Town does not have their report the SPCA does not get paid, and Atty Perkins would like that language in the contract. The Board agrees. RESOLUTION #177 - AUTHORIZE CONTRACT WITH SPCA C1 Stelick offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves a one year contract with the Tompkins County SPCA substantially as presented with the additional provision that a monthly voucher must be submitted, and payment may be withheld if the SPCA's monthly report is not received, and the Town Supervisor is authorized to sign the same, after the contract has been approved by the Town. Attorney, 2nd Cl Hatfield Roll Call Vote Cl Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes The Board would like to amend the water rate schedule for Bolton Point. Atty Perkins said no public hearing is required and it is an exempt action under SEAR. The Board has received the proposed agreement and reviewed it. Each copy was signed by each board member. Atty Perkins said the other things he had for the board's consideration both pertain to the intermunicipal waste water collection project and the diversion of flows from the Village of Cayuga Heights plant to the Ithaca Area Wastewater Treatment: Plant. This was an unlisted action, but deemed to have potentially significant environmental impacts and a draft EIS was prepared. The final EIS was prepared and DEC as the lead agency and thc_y have made their findings. Preliminary to approving the Intermunicipal Wastewater Agreement, the board will have to make findings. Copies of suggested findings were distributed last week. A proposed resolution adopting the SEAR findings was distributed and reviewed by the board. These are based on the draft environmental impact: statement, written and oral comments received at the public hearings, and the responses to those comments. Whether or the agreement is approved tonight or in the future, the board first has to comply with SEQR. Adopting the findings does not bind the board to a particular course of action with respect to the agreement. RESOLUTION #178 - ITHACA AREA MUNICIPAL WASTEWATER COLLECTION IMPROVEMENT PROJECT ADOPTION OF SEQRA FINDINGS STATEMENT Cl Michaels offered the following resolution and asked for its adoption: WHEREAS: 1. This action is the Consideration of Approval of the Statement of Findings for the Ithaca Area Municipal Wastewater Collection Improvement Project ( "Project "). This Project involves the construction of new public sewer lines and pump stations in the Town of Lansing; the construction of a new sewer transmission main in the Town of Lansing and Villages of Lansing and Cayuga Heights; the construction of flow diversions to interconnect the service areas for the Village of Cayuga Heights Wastewater Treatment Plant and the Ithaca Area Wastewater Treatment Plant; and an Intermunicipal Wastewater Agreement that coordinates Page 9 of 1 3 `I'B 12-10=03 operations between these two Treatment Plants: expands their service areas, and makes their service areas coterminous: and _ Actions That are curreTitly before the Town Board of the Town of Dryden or are expected to come before the Town Board include. approval of the Intermunicipal Wastewater Agreement * approval of the construction of flaw diversions to interconnect the t%vo Treatment Plants' service areas, 3, This is an Unlisted ,fiction for which the New York State Department of Environmental Conservation has been designated to act as Lcad Agency in enivironmentai review; and 4, The Town Board of the Tawas of Dryden is an involved Agency with regard to the approvals Yes listed in paragraph 2 above, and 5_ The New York St;Ae Department of Environmental Conservation, acting as Dead Agency in environmental review for the 'F"roject and pursuant 110 Article 8 of the .Environmental csnn+ation Law and 6 NYCRLR Part 617 has: lj made a positive determination of environmental si nzifcaaice: and overseen the preparation, completion and acceptance of a Draft Environmental Impact tal;errxent and a Final Environmental Impact SWJ.ement; and 3) issued its awn Findings Statement with regard to said Project; and 6_ Pursuant to Article 8 of Ike Environmental Conservation Law and 6 NYC RR fart 617, the Town board of the Town of Dryden is required to issue its awn Kndings Statement with regard to the Project; and 7, The Town Ooard of the Town of Dryden, at its regular meeting on December 10, 2003, has reviewed a draft Findings Statement, comments received from members of the public regarding the proposed Project and its potential impacts on the enviTunment, and the Draft and Final Environmental Impact Statements, NOW, THEREFORE, BE IT RESOLVED: That the Town Board of the Town of Dryden dues hereby adopt the attached Findings Statement for the Finial Environmental Impact Statement for the proposed Ithaca Area Municipal Wastewater Collection Improvement Pr(}ject_ 21Lt1 Cl Hatfi.old Roll Call Vote Cl Hatfield Yes Cl SteLick Yes upv Varvayanis Yes 1Ificha.els Yes Cl Grantham Yes Atty Perkins said the other thing he hark for the Innard to cun�der was the lntermuniripal Wastewater Agreement which has changed as recently as this afternoon. That cha nge ,rag om ding language in paragraph J to make it clear that the local share of the capital project shall be allocated aang the ugprs of the facility, not necessarily just ust the owners, upv Varvayanis said there was a meeting between the City of Ithaca and the Town of Ithaca last Friday and a bit of a falling a u L Supv Vasvayanis met with Cathy Valentino, John Barnery, Mary Ru ssell and Dan Walker yesterday and went over some of the changes the Town would like to seAm and they are not too Inure what the City is going to do, but the city is scheduled to vote on December 17. This Town Board is meeting on the 18i" with the Village of Page 10 of 13 TB 12 -10 -03 ® Dryden, and the Town of Ithaca is also meeting on the 181h. Supv Varvayanis suggested the board not take any action until we know what., if anything, the City does on the 17th. One of the things the City wants to do is put in a penalty clause if payments are late. Supv Varvayanis said that was fine as long it was for payments that were agreed were due, the budget was never approved in 2002 or 2003. He told them he would like to see interest for money that was improperly expended because they have charged the SJS for bond payments for City debt: and such in the past: (and then refunded the money later). Cl Michaels suggested the board approve the agreement as it stands so that as they are considering it they know they have an agreement in hand, ready to be signed. Atty Perkins pointed out that under §198 of the Town Law this agreement: has to be made by the Town Board and the signature parts will have to be revised. The agreement: can be approved without authorizing anyone to sign it. RESOLUTION #179 - APPROVE INTERMUNICIPAL WASTE WATER AGREEMENT Cl Michaels offered the following resolution and asked for its adoption: RESOLVED, that this Town board does hereby approve Ithaca. Area Wastewater Agreement as amended December 10, 2003, and sent: to the Town of Dryden at 3:25 p.m. by Susan Brock. 2nd Cl Stelick Roll Call Vote Cl Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes Supv Varvayanis said he would like to pass a resolution raising the rage for water charged by Bolton Point to Town of Dryden customers to $2.95 per thousand gallons. (Bolton Point's portion is $2.04 per thousand and the Town's portion is $.91 per thousand.) This would mean a muumum charge of $29.50 for the Town's residential customers. The last time the rate was increased was in 1996. RESOLUTION # 180 - INCREASE WATER RATE Supv Varvayanis offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby increases its water rate to $4.91 per thousand gallons, combined with Bolton Point's rate making a total of 2.95 per thousand gallons, a minimum charge of $29.50 per quarter. 2nd Cl Stelick Roll Call Vote ZONING OFFICER Cl Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes 1��gc 1 1 of 13 TB 12 -10-03 Board members have the monthly report. Kevin Ezell thanked Cl Hatfield, Supv Varvayanis and Cl Grantham for their support through the years and said he hoped to see them still in involved in 'Town matters. K Ezell said he would like to get two additional "seats" for the Imate program used in the zoning office so the program can be up and running January 1. They will no longer be using the old data base and there will be access by the two Zoning Officers and the Town Clerk's Office. There is money in the budget for this and the board agrees it should be done. COUNTY BRIEFING (cunt.) Martha Robertson said with respect the budget: the legislature is assembling lists and ideas for reorganization and concern and relationships between Towns and the County. The Transportation Council is going through a process of reclassification of roads throughout the county and evaluating whether the roads are designated appropriately. Pete Messmer is working with Fernando de'Aragon to come up with suggestions for any changes and a. more efficient plan for maintaining roads. With respect to County funding toward aquifer studies, M Robertson said the matching funding from that County for municipalities that are undergoing the aquifer studies has always been meant to support the municipalities that: are planning to use the information from the study in their land use plan. She wants to be sure the new board is aware of that. M Robertson said she wanted to echo the comments about Deb, Mark & Charlie. She said elections are about differences and what she has seen most the past two years is about how this board has worked together and that was a major reason a lot of things moved forward in the town and as a taxpayer and citizen she thanked them for their service. Supv Varvayanis added his thanks to Martha Robertson. ENVIRONMENTAL PLANNER D Gross said she will be reporting to the board monthly to update them on her activities. She mentioned there will be funding coming in from the Tompkins County Health Department and Soil & Water Conservation District for the aquifer study. There is funding available from FLOPA, $5,000 for two years, and the Supervisor will need to sign an agreement. The first of the public meetings on the comprehensive plan was held on the December 9 and there were over fifty people in attendance. D Gross reported there was a lot of public comment and some concerns about density levels. There have been 200 hits on the comprehensive plan on the web site. Cl Michaels asked for a summary of the comments from the public and D Gross said she is compiling that. Future reports of the environmental planner will include of summary of current activities, the watershed local laws project, and the steps in the Phase 11 Stormwater regulations. The first annual report is due in June and the town will need to show the things expected to be done in the Notice of Intent were accomplished. Also included in the monthly report should be progress reports on the master plan and any reviews of applications. D Gross said she had been attending meetings of a county -wide stormwater group, and said that group would be very helpful. Cl Grantham said the stormwater group would not only be helpful, but is basically required under the Phase 1I regulations and NOI, and no further funding would be available if we didn't collaborate. Page 12 of 13 TB 1 2 -10-03 DISCI]SSI[)N With respect to the fre c�}ntra.cts, the departments would like to see a proposed contract before tYie first of the year, ) Michaels said the sl' ixdng point for next year "s contract would be this year's contract. Allty Perkins will provide CI Michaels with a document to forward to the departments, With respect to the sewer contract, the board will be meeting again on December 18 with the Village board, and urffi hold a special meeting at the Town Hall following that to discuss Che wwer contract, Dn motion made, seconded and umMirnously carried, the meeEng was adjourned at 10:20 p,m, Respectfully *ubrnitted, Bambi L. Hollenbeck Token Clerk Page 1.3 of l3 Ithaca Area Municipal Wastewater Collection Improvement Project State Environmental Quality Review Act STATEMENT OF FINDINGS ADOPTED December 10, 2003 1. Introduction This is the Town of Dryden's Findings Statement for the Ithaca Area Municipal Wastewater Collection Improvement Project ( "the Project") in Tompkins County, New York. The Town of Dryden is an involved agency for this Project. A Findings Statement sets forth the basis for an Agency's decision on an action, in this case the funding and construction of sewer lines and pump stations in the Town of Lansing; the ftunding and construction of transmission mains in the Town of Lansing and Villages of Lansing and CaSuiga Heights; the funding and construction of two flow diversions :in the Village of Cayuga Heights and Town of Ithaca; and approval of an Intermunicipal Wastewater Agrleeinent, which includes new coterminous service areas for the Village of Cayuga Heights ® Wastewater Treatment Plant and the Ithaca Area Wastewater Treatment Plant and expands existing service areas in the (owns of Lansing, Dryden and Ithaca. The State Environmental Quality Review Act ( SEQRA) requires that the Lead Agency and each Involved Agency make Findings with respect to an Action. The New York State Department of Environmental Conservation (DEC) is the Lead Agency for this Action. Involved Agencies include the Project Sponsors, which are the City of Ithaca, the Villages of Lansing and Cayuga Heights and the Towns of Ithaca, Dryden and Lansing. This Findings Statement contains a brief description of: the Action, a description of the SEQRA process, a discussion of significant :impacts and mitigation measures, and a certification required by the SEQRA regulations. The discussion of impacts and mitigation measures makes up the bulk of these Findings. The discussion is organised by topic or area of the environment, as were the Envi.r,onnnental Impact Statement 03IS) documents. In making Findings it is .important to note that an Agency need not .Find that the Action w-i.]l result in no environmental impacts. Rather, SEQRA requires that agencies engage in a balancing process whereby envixonanental concerns are weighed against social, economic and other essential. considerations. These Findings set ® forth the basis of the Town of Dryden's decision, and set forth conditions where appropriate. IL 2. Description of the Action The Project involves the consLruction of approximately 26 linear miles of public collector sewers (both gravity and vacuum sewers) in the Town of Lansing, as well as the construction of three pump stations to convey sewage from topog.raphi,c low points and 21 and 4 -inch gravity transmission pipes to convey the sewage to the Village of Cayuga Heights Wastewater Treatment Plant (V H TP), The Pra3ect further involves intemonnection of the VCHWTP service area and the Ithaca Area Wastewater Treatment Plant (IA1A5VTP) service area to allow for the diversion of up to 1.3 million gallons per day (MGD ) (aver the 20m year planning period ) of sewage from the VGHWTP to the IAWWTP to utilize the existing permitted capacity at the 1AVVWTP_ Much of this diversion will be. from the northeast portion of the Town of Ithaca that is currently sowed by the VCHWTP, and the Town of Ithaca will utilize existing ,excess capacity it already owns in . the IAWWIT. The Project also involves expanding the sewer service area in the Town of Lansing and the Town of Dryden, although no new sewers are proposed in Dryden at this time. Three small areas in the corners of the Town of Ithaca will also be added to the sewer service area_ The Project will make existing wastewater treatment capacity available to se)bve the Village of Lansing_ Finally, the Project also i- avolves the approval of an Intermu- nicipal Wastewater A reenient by the six municipal sponsors. Among other things, this Agxeenient creates a new coterillinous se ex service area for the VCHWTP and IA WTP and expands the sewer service area into new parts of the Towns of Lansing, Dryden and Ithaca_ The EIS further analyzes the potential. environmental Impacts of a conceptual future plain involving the construction of approximately 38 miles of collector sewers and seven pump stations in the Town of l,ansi�g_ It is anticipated that these improvements would be owned and ma.i.ntained by the municipality 'fn which tliey are located, It is emphfflslzed . that sewers associated with the conceptual fixture plan are not currently proposed and fun din ;; has Neither beer sought nor provided far theM, However, to the extent that the potential environmental impacts of the conceptual future plan can be assessed, the EIS does so -in order to assess impacts *om the proposed and conceptual projects together, and to determine what the boundaries should be for the VC1m1WTPm IAW WTP service area. 'if the conceptual s ewers are ever proposed. in the futui;e, their impacts will be evaluated th rough a future environmental. .review process, . Procedure On August 18, 1999, the Project Sponsors requested that DEC serve as the Lead Agency for this Project, NoL62, of the DEC's intejat to serve a,s f_Jeaa Age n cy was circulated to interested and involved agencies by letter dated September 29, .1999_ No objections were mused with respect to the DEC's serving as Lead Agency, and on l ovembeir 1, 1999 the DEC became Lead Agency for the SBQ A review. A. draft Scojpi.ng Document was prepa4ed seffii -ig fortii the issues to be 0) addressed in the Draft Environmental Impact Statement Q EIS) . 011 September 6, 2001 DEC held a public meeting at which comments on the draft Scoping Document were received. l{rom August 27, 2001 to September 21, 2001 DEC also accepted written comments on the draft Scopin g Document, 0n June 4., 2002 the DEC adopted a Enal Scoping Document for the Project. On June 20, 2003 the DEC accepted the DEIS as complete and issued it for public comment_ DEC, held a public bearing on the DEIS on July 31, 2003, The DEC accepted comments on the DEIS until August 11, 2003. The Find Environmental 'Impact Statement ('EIS) was accepted by DEC on November 13, 2003, 4. Project Need and Benefits • The DEIS and FEIS documents contain an extensive discussion of Project need. The Project is needed in order to eliminate ground and surface water pollution currently caused by inadequate on -site .sewage disposal systems and to protect public health. The proposed Project will eliminate a number, of sewage discharges and provide a higher, level. of .sewage treatment than presently occurs within the area proposed to be serviced. More specifically, the proposed bonefits axe as follows. • Currently, inadequate onnsite septic systerns axe in use within the proposed Town of Lansing SeJbvice .Mea. For example, the Tompkins County Health Department has identifi.r;d limitations or inadequacies with systerrrs in the Ladoga Park area (including 30 systems that axe inundated by Cayuga Lake timing high water), the mall. neax the intersection of Atwater Road and Route 34, the tavera at the corner of Drake Road and Route 34 and at the Lansing Central School DistxIct. The Health Department has conducted several surveys of drinking water wells and septic, systems in the Town of Lansing and found high .rates of well contamination and septic system .Failure, Eliniination of these inadequate septic SyStems will improve .round trod surface water quality, reduce the rile to drinking water supplies, and benefit public health_ Currently, individual SPDES discharge pei�mi,ts are held by i.esi.dea -itial, commercial, industrial. and uistitutional (,acihtie.s that fall within the proposed Town of Lansing Service Area. These include the Lax }sl�ig Central _.F�x'e Station, Colonial Cleaners, Hunter. Apartments, Lakewatch Inn, I otw 'Fork State .O ice of Children & Famidy ,Services facilities, arUL].1, inc., ondsedge Apaitinents 7'.rax� sonic ySt e. Ms and UPS. Elimlliation of the individual sewage discharges at these Cacihties will improve the water quality of surface raters because, for example, with the exception of the New York State Office of Children & ]l'a.mily Services facilities, the systems for, which these permits 'have been issued do not nicorporate phosphorus removal- 3 • The Project will meet the need fox ad&6.ona]. publ.i.c sewago capacity in the Town of Lansing. • The Project wi1J. occur in an area that is already partially developed, thus promoting inhLl rather than conversion of open space and agricultural lands, • The sizing of mains, pump stations and other facilities will provide the opportunity for future expansion of public sewer service withii. the Town of Lansing Planning Area without the need for additional construction, thereby avoiding duplicated construction impacts. f The provision of sewers within the Town of Lansing Service Area and, potentially in the £xlture, the Town of Lansing Planning Area, will allow for controlled growth in the Town of Lansing in accordance with that community's planning policies_ '.rhe .project will eliminate SPDES pe -wait flow exceedances at the CHWTP_ • Tlie Project will provide for more pxYbl c surer ca aCty in the ?tillage of Lansing, • By incorporating the Town of Dryden within the pxoposed future sewer service area, sewer service may in the future be extended to the Town of Dryden _ 5. Alte mative s Alternatives to the Project were thoroughly analyzed duruig the plann ixi g.phases of the Yroject. This analysis was surinnarized and supplemented in the DEIS and FEIS documents_ Other alternatives )vexe also analyzed in the DEIS and FEIS, The analyses f6tind that: • 'Fhe use of vacuum sewers (cumn-ionly topography where slopes are not suitable the entire Town of Lansing Service Ar higher, costs and because the, majonty suitable for conventional gravity sewers. used in areas al' relatively flat for the use of gravity scars) for m was not practical. because of of the ServiceL Area has slopes • The use of sina,l.l diameter variable slope sewers with full-size septic tarsi to capture solids its the Town of Lansing was rejected because this alterna�tave would have higher long•ter�Yi costs )Ant out having any particula.r, envixonmental benefit. 4 • The construction of several small package wastewater treatment plants or neighborhood subsurface areas in the Town of Lansing as alternatives to use of existing municipal plants were rejected because of the higher likelihood of failure from multiple facilities and because of the lower level of wastewater treatment that would likely be achieved. • Alternative wastewater discharge locations such as sub - surface discharge or land application were rejected because of the amount of land required, operational difficulties, cost considerations and the significant transport infrastructure that would be required. • Discharge into a nearby receiving water body instead of Cayuga Lake is not feasible, given the low summer base flows in tributaries to the Lake such as Salmon Creek. and Gulf Creek. • Composting toilets are not considered by the Lead Agency to be a practical regional alternative because of scale considerations, although they are viable for individual use. • The construction of a new municipal wastewater treatment, plant was rejected because it would not meet the goal of providing a regional alternative using existing facilities; it would result in an additional, wastewater treatment facility requiring proper operation, with a resultant higher risk of malfunction and environmental pollution; small municipal plants often have more operational and compliance problems than regional plants; and small municipal plants seldom are "state -of- -the -art" due to an inability to spread higher costs over a small, tax base. While issues related to VCHWT13 and IAA` WTP discharges were outside the EIS's scope, the Lead Agency noted that the regional solution is acceptable because phosphorus loadings discharged into the southern end of Cayuga Lake attributable to Town of Lansing flows would be very small (less than % pound per day initially and less than %+ pound per day in 20 years with tertiary phosphorus treatment). The Lead Agency further noted that overall phosphorus loadings to southern Cayuga .Lake will decrease in the range of 20 to 31 pounds per day on an average annual. basis with the planned phosphorus treatment upgrades at the VCHb'4TP and TAWWTP, even with the added Town of .Lansing flows. • Treatment at an expanded VCHW`I'P is technically feasible, but would be more expensive and has no particular environmental benefits over the preferred alternative. • aeconunissioning of the VClm.*fWTP and treatment of all wastewater at the :I:AWWTP would have the benefit of reducing the number of operating facilities with associated risk of malfunction. However, it is more costly than the preferred alternative and so was rejected. 5 i J * Use of the TTWTP ('or p.rim.axy treatment, followed by transmission of wastewater to the IAWWTP for final treatment was rejected because it would be more costly without having auy parb.cula.r environmental benefits, * Larger and smaller sewer service areas were considered in the Town of Lansing_ The service area chosen best meets the sewage treatment needs of the Town of La_ns ng. * Alternative transmission main pipe sizes were considered. However, the proposed transmission main pipe size ;is the minimum necessary to meet recognized design standards. In addition, a smaller nialn could not be efficiently upgraded or supplemented in the future without significant cost and duplicated construction impacts. • The DEIS contains an assessment of the use: of an alternative transmission mabi xoute that would avoid the Esty's Glen and'McYdnney's Twin Glens Unique Natural Areas RT IAs). Conventional constructioR of the proposed rotate through the UN'As would permanently disturb the vegetation that has been re- e-stablkshed on and along the fomer railroad grade, and a pipe bridge crossing Ty in glens would add an additional man -made feature, to the glen. The alternative transmission route would avoid all disruption to these 'UNAs but waul.d..regwre additional pump stations and woOd have higher ol)exations costs_ With the mitigation identified zu Section 6.7 below, either route is viable and :acceptable_ The Village of Lansing Board and Town of Lansing Board wi.13. reach consensus on which route to schict and on transmission main cost - sharing issxxes. `Y'he FEIS contained an analysis of the use of the Norfolk Southerxt rai_lroa�d right -of -way for the sewer transmission main. The analysis concluded that this x9oute is noi; C. asible .for construction and. cost reasonsr No con7nients were received that would alter the Town of Dryden's conclusion that the proposed Project best meets the objectives of the Project Sp ons ors - i. fiudin s, Basis and Rationale for Decision The 1.ollowing discussion sets forth the Findings, basis and ratzo.nale for the Town oFDryden'9 decision, including .required mitigation meas%ares. 6.1 Top t ua 11 Topography in the RIS Study :Vea "the Study Area ") ranges from approximately 400 :feet above mean sea level to 1100 feet above mean sea level- Topography generally slopes from oast to west towa.r,ds Cayuga Lake. Steep 6 slopes are found along Cayuga 1.0ake and along stream banks. Potential impacts relate to the potential. for erosion and subsequent sedimentation of water bodies during construction, especially on steep slopes. The Town of Dryden finds that mitigation measures shall include the following: a. Adherence to the requirements of a general stormwater permit, and preparation of a Stormwater Pollution Prevention Plan prior to construction. The plan will include erosion control measures designed in accordance with the following documents: • New York State Guidelines for Urban Erosion and Sediment Control (April 1997) • New York State General Permit for Stormwater Runoff Discharges, GP -93 -06 (General Permit) Appendices D, E, and F (Stormwater Pollution Prevention Plan) b. Work will progress in a systematic fashion with the following phases: land clearing, excavation, installation or construction, back6E and restoration. All ground surfaces that will be disturbed during construction will be stabilized and restored. c. Earthwork will be performed with the objective of completing pipe trench excavation and back filling sequentially. After clearing of vegetation from the earthwork areas, topsoil will be removed and stockpiled for reuse. Topsoil stockpiles will also be subject to erosion control measures. 6.2 Geology The Study Area is underlain by sedimentary rocks. Bedrock depths are relatively shallow. Blasting may be required to install sewer lines .in some locations. The Town of :Dryden finds that mitigation measures shall include the :following. a. Ripping shall be the preferred method of removing shallow bed -rock except where the Project :Engineer determines it is not feasible. b. When blasting is found necessary, all blasting operations will adhere to New York State ordinances governing the use of explosives. The State regulations are contained in 12 NYCl3R Part 39 and Industrial Code Rule 53, and include such requirements as licensing of operators; inagazine (explosive storage) certification; and rules :for conducting operations in a safe manner.. Proper program guidelines «Till be established between the State, the Project Engineer, and the blasting contractor prior to undertaking this activity. In addition to obtaining applicable blasting certifications and complying with all blast safety requirements, a blast monitoring pi ograin will be implemented. 7 C, All pertinent safety regulations and standuds shall be applied as required for safety, security and other related details for any blasting deemed necessary. Applicable safety regulations are: • STS Army Corps of Engineers Safety manual EM 384} -1- �; * Code of Federal Regulations A_T.F Title 7; # Institute of Makars of Explosives Safety Ldbrary Publications No_ 2; New York State Industrial Code hole 5 3. d. Storage of @R explosive materials shall be located on the site at a location app-coved by the blasting engineer. Caps or other detonating devices will not be stared with Class A. explosives_ Design of the powder magazine shall be in accordance with the references above. The .security for explosives and blasting mateiials stored on =site will be in accordance with safety regtirireinents of the blasting engineer. e. Delivery and transportation of explosives from the powder rnagaZines to the blast area will be by vehicles specifically designed for this use by the criteria outb.aed in the safety z'equireinents_ Only authorized persons will transport and handle the explosives as designated by the authority of those licensed for this purpose. At all times federal., state, and local orrl,inances u2ll be followed. conceriung the transportation and storar e of explosives_ f. The designated storage site, explosive transporting vehicles, and areas where ex plosives are be.in used shall be cleaz`ly marked and viJJ display the required warning signs. A daily tally of all explosives delivered, used and stored will be inaintai,ned. g. prior to blasting, necessary precautions for the pi`otection of persons and adjoining pxoperty will be established_ Such precautions shall include the followi_ng. • pp.ropriate si6ms iv...dl be ere(;ted i.n the area ofblasting activities, All adjoining 1),roperty owners will be ma -Red notification of the ariticipated blasting se) icdule. • Notification of blasting at the site will be published in newspapers prior to the blasting schedule, 8 • A storm alert monitoring device will be used by the blasting contractor to detect any electrical build -up in the atmosphere at the blast area while using electrical caps. • Special care will be taken with detonating cords and connectors to protect from the impact of falling rocks or other impeding objects. • Vehicles equipped with radio transmitters and portable 2 -way radios will not be permitted within 250 :feet of blasting operations. 6.3 Sails Impacts to soils include the potential for erosion, the generation of dust during construction and the likelihood that high groundwater will be encountered during construction. The Town of Dryden finds that mitigation measures shall include the following. a. The mitigation measures specified in Section 6.1 of these Findings N6.11 mitigate erosion impacts. b. To mitigate the effects of dust during construction, the following measures are required. All paved areas must be swept clean on a daily basis. • :During periods of drought or little rainfall, areas devoid of topsoil will be watered regularly to minimize the amount of dust entering the air. • In periods of extreme rainfall or muddiness, truck washing stations will be established to avoid tracking significant quantities of soil onto area roadways. c. To minimize the effects of high groundwater in areas where trench excavation is required, typical dewatering measures should be utilized to prevent surface water and/ or ground water from entering excavations. l'ypical measures shall include, but are not limited to: • Installation of dewatering systems utilizing wells, well points, or similar methods complete with associated pump equipment, standby power and pumps, valves and associated appurtenances. • Maintain the system to control groundwater and maintain relatively dry conditions to excavate and place fill. on dry subgrades. • Dispose of water removed through the dewatering process in a manner that avoids endangering public health, property, wetlands, UNAs and. 9 portions of work already completed. This will generally involve the use of detention ponds in which sediments may settle prior to discharge. 6.4 Water Resources a. The Project will result in the decommissioning of numerous in- ground sewage disposal systems, including individual and institutional systems. As mentioned above, septic systems in Ladoga Park along the shore of Cayuga Lake regularly flood, resulting in direct sewage discharge 'into Cayuga Lake. Past Tompkins County Health Department (TCHD) surveys show that many septic systems within the Town of Lansing Sewer Study Area were in failure or were expected to fail soon. The TCHD has expressed concerns about the four on -site sand filter systems at the Lansing Central School District (design flow of 35,300 gallons per day) that serve the schools and discharge to surface waters that drain to Salmon Creek and Cayuga Lake. The TCHD has also identified limitations or inadequacies with on -site septic systems in the Ladoga Park area, the mall near the intersection of Atwater Road and Route 34, and the tavern at the corner of Drake Road and Route 34. The TCHD has stated that the soils in much of the Town of Lansing Sewer Study Area are marginal to poor for on -site sewage systems. TCHD records show the Town of Lansing Sewer Study Area has a higher per capita replacement rate than the replacement rates in any of the towns in Tompkins County. The TCHD has also found that a significant number of drinking water wells it tested in the hamlet of Lud.lowville were contaminated with sewage. The Project will also result in the decommissioning of package treatment plants that have individual SPDES permits. These package plants do not generally provide as high a level. of treatment as the VCHWTP and IAWii'TP will provide once their planned phosphorus upgrades are in place, because only one of the package plants provides phosphorus treatment. The Town of Dryden finds the Project will have the significant positive impact of eliminating wastewater discharges to Cayuga Lake, its tributary streanns, and groundwater resources, and of reducing the threat to public health. The elimination of these discharges will improve ground and surface water quality, reduce the risk to drinking water supplies, and benefit public health. Issues related to :tAWWTP and VCHWTP discharges were outside the scope of the EIS because those plants will be operating within their previously established SPDES permit limits. .However, the Town of Dryden recognizes ghat with proposed improvements to these municipal T plants, there will be a large net reduction in phosphorus discharge to the ® southern end of Cayuga Lake from. these plants, even with the addition of flows from currently unsewered areas, including the Town of Lansing. b. There are numerous streams located throughout the Project Area. Sewer lines are proposed to cross streams in 43 locations. None of the streams are classified as protected by the DEC in the crossing locations. It is anticipated that the U.S. Army Corps of Engineers would authorize this Project under Nationwide Permit 12 for utility crossings of wetlands and waters. Linder this Nationwide :Permit, notification (i.e., a Pre - Construction Notification or PCN) will be made if any of the following occur: • There was mechanized land clearing in a forested wetland. • A Section 10 permit is required (i.e., the project crosses a navigable water). • The utility crossing(s) [cumulatively] impact more than 500 linear, feet of waters. ® There are permanent above -grade fills for roads that are more than b00 linear feet in length in waters of the United States. • Any permanent above -grade fills for roads are constructed with impervious surfaces. A DEC Protection of Waters permit under 6 NYCRR Section 608 is regiured. A Stream Disturbance permit is not required because the Project does not impact any streams with classr_fications of C(t) or higher. However, the Project N«ll need a Section 401 Water Quality Certificate, which is also authorized under 6 NYCRR Part 608, specifically Section 608.9. Any applicant for a federal license or permit to conduct any activity that would result in a discharge into a navigable water must obtain a Section 401 Water Quality Certificate. Therefore, Section 401. Water Quality Certificates are required in association with 'US Army Corps of Engineers pernllts, including Nationwide Permits. The DEC has issued blanket, or automatic Section 401 Water Quality Certificates for Nationwide Permit 12 when: • The Project does not involve an Article VII permit under the Public Service Law. 11 • Materials are not sidecast into waters of the United States for more than 30 days. • Materials are not sidecast into any waterbod.y or stream with measurable flow. • When the project involves less than 11;I.Orh an acre of permanent discharges and less than 200 linear feet of stream disturbance [cumulative). Therefore, the need to obtain a blanket versus an individual Section 401 Water Quality Certificate will be dependent upon the length of stream disturbance associated with the utility crossings. The Town of Dryden finds that, in addition to compliance with all necessary federal and state permits and requirements, the following mitigation measures will be implemented to protect streams from adverse impacts, Whenever possible, stream crossings will be constructed during the dry season in order to avoid the potential :for significant floes. Trenched stream crossings will be constructed in the "dry" where the water flow is either flumed or pumped across the work area. This will eliminate the great majority of downstream siltation during the pipeline installation. Hay bales and silt fences wlll be used as.specifled in the erosion control plan to prevent siltation from upslope areas. Whenever possible, excavation will be done from the banks, keeping equipment out of the streambed. In larger streams, the installation may be a two -step procedure. The water flow may be diverted away from the working side by the use of a cofferdam, then reversed to install the remainder of the pipeline across the streams. Trenching may also be done with a rock saw. This method would also be done as a dry crossing. In addition, the following specific mitigation measures are required. • All staging areas for stream crossings will be kept at least :1.00 feet away from the stream. • No refueling, equipment repair or Lubricating 'will be allowed within 100 .feet of a stream unless said stream is located immediately adjacent to a road crossing, with limited access, and therefore requires such activity. • ;Proper spill containment Will be used to .isolate these actiVaties and minimize i;he potential. .for spills in Such instances. 12 • Whenever possible, stream crossings will be avoided at a stream bend, Oin areas of undercut banks, or in areas where the bank is unstable. • In areas where long slopes lead to streams, water bars will be installed. Otherwise, silt fences and/or hay bales will be installed. • The necessary grading and brush clearing of stream banks will take place immediately prior to trenching in order to minimize the exposure of bare soil. • Stream bank and flood plaid stabilization pleasures will be immediately implemented upon completion of construction. • In- stream disturbances will be minimized. • All trenching will be performed in such a way so as to prevent the introduction of sediments into streams. • No flow obstructions will be left in the streambed or channel. • The streambed and banks will be restored as close to the original contours as possible. • If a stream crossing is located within a w et land the crossing will be designed to minimize the length of any right -of -way constructed parallel to a stream course within the wetland. Silt fencing and/or haybales will be used. to insure that siltation is nnimized and retained «Vithin the work area. The bank and trench spoil piles will be isolated. from the wetland by silt fences. Separation of topsoil and subsoil will be necessary during the bank excavation Withui the wetlands. Care will be taken to reestablish the stream channel in the original location and condition. • Any stream banks will be restored. to the original contour and stabilized.. • The conditions at some stream crossings may make trenching difficult and unacceptable from a construction standpoint. In these areas, a directional bore crossing method may be used_ The potential impact from directional boring is the potential of.leakage of the cutting and lubricating fluid. The starting and ending points for the directional bore will. be in uplands. The directional bore work areas will be protected with silt fences in order to contain any surface outflows of the liquid. Fluid flow controls wi.11 be available to quickly seal any ® leakage. Any leakage will be removed from the boring location, and the area restored prior to removal of silt fences. 13 Sewer lines will be located within mapped 100 -year floodplains in several o locations. However., since the lines will be underground, no adverse impacts are anticipated. Sewer lines will come in close proximity to a private water supply cistern at 1203 East Shore Drive and, depending on the exact location of construction routing, a public water supply well point on Burdick Hill Road. To mitigate the potential impact of water contamination from leaking sewer lines, the Town of Dryden finds that lines must be double sleeved within 100 feet of these water supplies. The Town of Dryden further finds that during construction, the location of the East Shore Drive cistern must be marked in the field and all construction activities must be maintained at a safe distance from the cistern to avoid adverse impacts. The safe distance will be determined in the field based on soils characteristics. The conceptual future sewer plan in the Town of Lansing Planning Area also involves the crossing of approximately 50 streams, including one regulated stream. The Town of Dryden finds that mitigation measures identical to those identified above should be considered should this plan be advanced beyond the conceptual stage. 0 6.5 flora and Fauna Correspondence was sent to the State and Federal governments regarding the presence of rare, threatened or endangered species in the DEIS Study Area. The United States Department of the Interior Fish and Wildlife Service (USFWS), indicated that there are no Federally listed or proposed to be listed rare, threatened or endangered species under the jurisdiction of this agency within the EIS Study Areal According to the New York State Department of Environmental Conservation Natural 'Heritage Program, there are several State listed rare, threatened or endangered species within the ETS Study Area. Areas potentially impacted by the .Project are the Estv's Glen and Mc:[iinney's Twin Glens and Lake Cliffs UNAs. The DEC prohibits the precise location of such species :from being made public in order to protect the species. The list of potential species is in the possession of the Project Sponsors. Impacts to rare, threatened and endangered species relate to the disruption of their habitat or the direct destruction of the species themselves. A biological survey of the proposed sewer transmission routes will be performed in the ® locations listed by the DEC prior to construction to ensure no such species will be disturbed. The Town of Dryden finds that with this survey and with the mitigation required by Section 6.7 below, no adverse impacts will occur. 14 6.6 Wetlands ® The proposed Project Nvill not affect any known or mapped State or Federally regulated wetlands. Because small, unmapped wetlands are sometimes .found to exist in the field, the Town of Dryden finds that prior to construction, the proposed construction route will be walked by a wetland scientist to confirm this Finding. Should any wetlands be :found to exist, a mitigation plan shall be developed. The conceptual future sewer plan in the Lansing Planning Area involves the crossing of the Head Corners Wetland, which is Federally regulated and which is also a designated Tompkins County Unique Natural Area. The Town of Dryden finds that an alternate route and other mitigation measures should be investigated during the environmental review that will be done should this plan be advanced beyond. the conceptual stage. The conceptual. future plan also locates a sewer line along Benson Road within 100 feet of DEC wetland WG -14. If this plan is advanced beyond the conceptual stage, construction of this sewer line would require a permit. The `Down of Dryden finds that additional mitigation measures should be considered should this plan be advanced beyond the conceptual. stage. ® 6.7 Unique Natural Areas UNAs are sites with outstanding environmental qualities, as defined by the Tompkins County Environmental iklanagement Council. There are 42 UNAs in the Project Area. Sewer lines will pass through UNAs in seve.ral locations. The Town of Dryden finds that the following specific measures will be implemented to mitigate adverse impacts to UiNAs. a. Impacts to UNA 55, Lower Salmon Creek, relate to the need for construction mitigation of short -term impacts related to installation of the sewer main on the bridge so that it may cross this strewn. Such mitigation measures are cscussed in Finding 6.4. b. Impacts to UNA 63, Shiurger Glen, are anticipated to be minimal, as the proposed sewer line route will avoid the wooded portion of the lower glen. Mitigation measures are therefore those for soil and erosion control discussed in Finding 6.3. c. Impacts to UNAs G/l and 89, the Lake Clift, relate primarily to the need for soil erosion control. Such mitigation measures are discussed in Finding 6.3. 'fn UNA 89, trenchless technology will be used where appropriate to avoid excavation through identified and surveyed vegetative communities that are known to be or identified as rare or endangered. 15 d. Impacts to UNA 901 Esty's Glen, are l_inuted to the potential for ® disturbance of the edge of the UNA :from construction in the road right -of- way. Mitigation measures are those for soil and erosion control discussed in Finding 6.3. e. Impacts to UNA 103, ilrlcKinney's Turin Glens and Lake Cliff's, primarily relate to the potential for disturbance of protected species. In these areas a biological survey of the proposed sewer line route will be constructed prior to construction to ensure that no such species will be disturbed. Trenchless technology Nvill be used where appropriate to avoid excavation through identified and surveyed vegetative communities that are identified as .rare or endangered. f Impacts to UNA 102, the Renwick Slope, are anticipated to be minimal because the route will follow an existing sewer line right -of -way that is mowed and maintained for that purpose. Mitigation measures are those for soil and erosion control discussed in Finding 6.3. g. With respect to UNAs 53 and 54, no significant impacts are anticipated and therefore no mitigation measures are proposed. h. With respect to general construction, the following mitigation measures ® have been identi:(led. • The construction route will be marked in the field and. temporary barriers erected to protect adjoining trees and vegetation. • :all trees over 12" diameter at breast height will be marked.; if possible, the route will be adjusted in the field to avoid the destruction of such trees. • Construction equipment and materials may not be staged within the boundaries of UNAs except where no alternative location exists. i. The EIS contained a discussion of the possible use of the former railroad. eight -of -way, which is on private property, as a recreation trail. Discussions with the impacted landowners show they do not favor creation of a public pedestrian right -of.- -way. Such a trail would not directly mitigate the environmental effects of the proposed transmission main, although it would increase recreational opportunities. The Town of Dryden finds that conversion of private lands for recreational trail purposes is a controversial matter with the affected landowners and the location of any future trail will require more public input and discussion • before the Village of Lansing Board can make a decision. 16 j. Sewer line routes proposed in the conceptual plans for the Lansing Planning Area will undergo additional environmental. review should these plans advance beyond the conceptual stage. In the conceptual. plans, sewer line construction is proposed to occur within several UNAs. Construction would occur along the roadside edges of the Lake Cliffs, the Lucllowville Woods, DEC Wetland WG -14, the D&nnegar Brook Woods and the Lower Salmon Creek UNAs. Since construction would occur along the roadside edge of these areas, no significant disruption or disturbance would be expected, other than short -term disruptions to wildlife from construction associated noise. The Town of Dryden finds no mitigation measures are likely to be necessary should this plan be advanced beyond the conceptual stage, as long as construction is proposed for only roadside edges. UNA 64 is a unit of the Lake Cliffs UNA. The primary potential. impact in this area is the potential for erosion and sedimentation l:rom construction on steep slopes. The Town of Dryden funds that mitigation measures discussed in Finding 6.3 should be considered. for construction in this area should this plan be advanced beyond the conceptual stage.. As previously discussed, UNA 65 is the Dead Corners wetland, a federally regulated wetland. A potential sever line is shown to be constructed directly through this UNA, resulting in the potential for short and long- term habitat disruption and destruction. The Town of Dryden therefore fiinds that an alternative to this route and other mitigation measures should be exlAored should this plan be advanced beyond the conceptual stage. 6.8 Climate and Air Resources The Project will have no direct impact on air resources other than the generation of dust during construction. The Town of Dryden Ends that the mitigation measures for construction dust generation found in Finding 6.3 are required. 6.9 Visual Resources The Project Is not anticipated to have any adverse direct impacts on visual resources because the sewer lines will be underground and because the proposed pump station buildings will be small and unobtrusive. The Town of Dryden therefore finds that no mitigation measures are required. 6.10 Odors Adverse impacts related to odors are limited to those from improperly operated wastewater, pumping stations. Mitigation measures are related to proper operation and venting. If problems persist, the Town of Dryden finds additional 17 mitigation measures such as biofil.ters, carbon .filtration and chemical addition are required. 6.11 Noise The only noise - related impact identified from operations relates to that from emergency generators when in use at the pump stations. These generators will be enclosed and they will be used infrequently (only when electric supply is disrupted or during infrequent testing periods). The Town of Dryden therefore finds that this impact is not considered significant and no mitigation measures are required. Construction equipment and blasting wall generate noi.se during construction. This noise will be generated on a short -term basis and represents a short -term, adverse impact. The Town of Dryden finds that construction equipment shall be properly mauitai.ned in order to minimize this impact to the maximum extent practicable. 6.12 Cultural Resources A Stage 1A Cultural Resources Survey was conducted, for areas proposed for construction. The survey identified the possibility of encountering cultural ® :resources in areas that have not been previously disturbed. The Town of Dryden finds that the Project Sponsors will consult with the New York State Historic Preservation Office (SHPO) as to the extent and nature of any required 1B Field Investigation and will undertake such a survey in accordance with the direction of SHPO. The Town of Dryden further finds the results of any required 113 testing and any mitigation phut must be considered by the Town of Lansing once a prelinrinary' desigm is completed .for the exact sewer routes. 6.13 'Land Use and Zoning The Project will have no direct impacts to land use or zonuig. The Town of Dryden therefore finds that no mitigation measures are required. 6.14 Transportation The Project will have no direct impacts on transportation resources. During construction there will be short -term disruptions of traffic patterns. The Town of Dryden finds that a Maintenance and Protection of 'Traffic Plan shall be developed to mitigate adverse transportation impacts during construction. 6.16 Demo Kra phi cs 1.'he Project will. have no direct impacts on demographics. The Town of Dryden therefore finds that no mitigation measures are required. 18 6.16 Fiscal Impacts The Project will be paid for out of a combination of State Bond Act grants, low interest loans and local matches (which may include bonds). The Town of Dryden finds that no adverse impacts have been identified with respect to Fiscal impacts, and therefore no mitigation measures are required. 6.17 School Districts The Project will have no direct adverse impacts on school districts. The Project will have the positive impact of eliminating on -site wastewater discharges at Lansing Central School District schools. The Town of Dryden finds that no mitigation measures are required as no adverse impacts have been identified. 6.18 Community Services The Project will have no direct impacts on community services. The Town of Dryden therefore finds that no mitigation measures are required. 6.19 Growth Inducing Impacts The EIS contained an extensive analysis of growth that could be induced in the Towns of .Lansing and Dryden and the Village of Lansuig as a result of the Project. The assessment covered three scenarios: Scenario I (growth at emsting rates); Scenario 2 (moderately increased growth); and Scenario 3 (a highly increased rate of gr.owth). The analysis assessed the amount of residential and commercial growth that could occur over a 20 -year period under each scenario and calculated impacts to transportation systems, school districts, community services, employment, municipal budgets and the region from each scenario. The analysis further analyzed impacts to land uses and calculated the amount of vacant and agricultural land that could be converted to developed land under each scenario. Specific findings .from the analysis include: • With one exception, the future residential and commercial growth projections for all Scena.11os are significantly less than the nlaYlrnum amount of development. that could theoretically occur under current zoning. 9.'he one exception is for commercial development in the Village of Lansing, where all remaining commercial square footage will be developed before the end of the 20 -year period under even the lowest growth scenario, Scenario 1 (historic growth rates). 19 • Under Scenarios 2 and 3, the Lansing Central. School District would experience enrollment increases in line with historic trends in this school district. Projected increases for the Ithaca City School District and Dryden Central School District under Scenarios 2 and 3 would reverse a trend of declining enrollment, but the number of students added each year is not significant when compared to existing enrollments and the fact the students would be spread out over all grades. • Impacts on school budgets are relatively small. Growth under Scenario 3 results in annual budget deficits ranging from 0.10% to 1.06 %. The impact would be even smaller under the other scenarios. • Impacts to municipal budgets under Scenario 3 result in deficits of 0.7% in the Village of Lansing, 5.2% in the Town of Dryden, and 7.2% in the Town of Lansing. Deficits are much smaller under Scenario 2. • Under accepted planning standards, adequate numbers of personnel and vehicles exist for firefighting and emergency medical services under all Scenarios. The number of police officers who serve the entire County currently falls short of planning standards, but if the officers in police agencies serving specific municipalities and organizations are factored in, there are more than the recommended numbers of officers. To the extent ® the number of officers serving the entire County falls below planning standards, this is an existing County -wide issue that is not attributable to the Project. The Project will not make this situation worse to the extent public sewers induce growth that simply displaces gn:owth from one location within the Countv to another. • Under accepted planning standards, more than adequate amounts of park acreage are available to residents within the EIS Study Area under all Scenarios. • 'Traffic impacts changed very little when Scenario 1 (existing growth rates) is compared to Scenarios 2 and 3. `.There is very little change in traffic volumes at critical intersections throughout the area examined by the traffic model under all Scenarios. Two intersections are projected to experience significant declines in Level of Service, but such declines are expected even under Scenario 1 and thus are not attributable to the Project. :[n addition, one stop sign- controlled intersection saw a change in Level of Service as a result of the Project. This intersection changed from an A to a P Level of Service. There is very little change .1.11 the overall link volumes in all Scenarios. • Public transportation services are not expected to be significantly impacted because the volume of growth attributable to the Project is relatively small. When considering proposed land use patterns, the WOE relevant municipalities should nonetheless consider, where appropriate, nuxed use development patterns that take advantage of or enhance transit connections. • Significant employment is projected under all Scenarios because of projected commercial development. This increased employment is a positive impact. However, the difference in employment numbers between Scenario 1 (the historical rate of growth) and Scenario 3 is relatively small. • Land projected to be converted to developed status under Scenarios 2 and 3 would result in significantly more land conversion over the 20 -year planning period than has occurred over the past 10 years. This is not a significant impact, given that the planning period is twice as long as the 10 -year benchmark.. • If development in the EIS Study Area were to favor agricultural lands, as opposed to other vacant lands, significant conversion of agricultural lands could result. However, it is extremely unlikely that all development would occur on dust agricultural lands. In addition, the Study Area contains relatively little of the total active agricultural lands within the Towns of Lansing and Dryden. Only 7.4% of the Town of Lansing's 12,073 acres of agricultural lands are in the Study Area; 11.2'/ of the Town of Dryd.en's 9,004 acres of agricultural lands are in the Study urea. To the extent public sewers will promote infiill and development within the Study Area, the significant amount of agricultural land located outside the Study Area may feel. less development pressure. For all of these reasons, the overall impact to agricultural lands in the Study Area municipalities could be adverse but .is not expected to be significant. To the extent the affected municipalities wish to conserve agricultural and open space lands, they can explore mitigation measures through their local planning and zoning processes. Mitigation measures could include l.inuting the scope of uses and densities allowed on agricultural and open space lands, providing for the transfer of development rights, and providing for clustered subdivisions. • Population and commercial growth patterns in the region could be altered, but such .impacts are difficult to quantify because they depend on a myriad of personal and individual business judgments. The levels of population growth under. Scenarios 2 and 3 are not of the scale likely to result in significant new commercial development in the region. The overall regional impact; on agricultural land and open space is small because relatively small amounts of such lands are located ui the EIS • Study Area when compared to that available in the entire region. The Project will. have a positive; regional impact to the extent it will promote irafi.11 development in areas that are already partially developed, thus decreasing development pressures on undeveloped lands outside the Studv Area. The Town of Dryden (kids, based on the above information, that no significant growth- induced impacts will occur under any Scenario. The analysis will nonetheless be useful to the affected communities as a planning tool. The affected communities will be able to use the results of the analysis as they assess future growth in order to determine whether their zoning and planning policies are adequate or require revision. 6.20 Alternatives The Town of Dryden finds, based on the discussion and conclusions in Section 5 above and in this Section 6, that the proposed Project best meets the Sponsor's objectives while minimizing adverse environmental impacts. 6.21 lute rmunicival Wastewater. Aar.eement The Intermuni.cipa.l Wastewater Agreement sets out a framework for flow diversions and for coordination of operations between the VCI CWTP and IAWNV'TP. It also contains proposed new service area boundaries for these two plants. Sufficient permitted capacity exists at the IAWWTP to accommodate the flow diversions described in the EIS. The Town of Dryden finds, based on the discussion and conclusions in Sections 4 and 5 above and in this Section 6, that implementation of the Intermunicipal Wastewater Agreement and of the new service area boundaries are appropriate. With the mitigation identified in these Findings, any remaining environmental. impacts will be acceptable and will be outweighed by the Project's benefits. 7. Certification Fused on the foregoing, the Town of.'Dryden certifies: That it has considered the relevant environmental. impacts, facts and conclusions disclosed in the EIS. That it has weighed and balanced the relevant environmental .impacts with social, economic and other considerations. Chat it has provided a rationale for its actions; specifically, it has weighed and balanced the relevant environmental impacts with social, economic and other considerations; and made a determination that the significant benefits that will result from Proposed Actions outweigh the identified adverse environmental. impacts given the measures that have been imposed by the Town of ;Dryden i_n order to ensure the potentially significant adverse environmental impacts have been mitigated. to the maximum extent practicable. 22 0 That the requirements of'G NYCRR Part 617 have been met. That consistent with social, economic and other essential considerations from among the reasonable alternatives available, the Ithaca Area Municipal Wastewater Collection Improvement Project is the alternative that: avoids or minimizes adverse environmental unpacts to the maximum extent practicable, and that adverse environmental impacts will be avoided or minimized to the maximum extent practicable by incorporating as conditions to the decision those instigative measures that were identified as practicable. 23