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HomeMy WebLinkAboutTB 2025-09-11 attTB 9-11-25 Page 1 of 9 TOWN OF DRYDEN TOWN BOARD MEETING September 11, 2025 Zoom Hybrid Present: Supervisor Jason Leifer, Cl Daniel Lamb, Cl Leonardo Vargas- Mendez, Cl Christina Dravis Absent: Cl Spring Buck Elected Officials: Bambi L. Avery, Town Clerk Rick Young, Highway/DPW Superintendent Other Town Staff: Amanda Anderson, Bookkeeper Ray Burger, Planning Director *Cassie Byrnes, Secretary to the Supervisor *Indicates attendance via Zoom Supv Leifer opened the meeting at 6:06 p.m. FINANCIALS & HUMAN RESOURCES RESOLUTION #140 - (2025) – APPROVE ABSTRACT #9 Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves Abstract #9, as audited, general vouchers #856 through #954 ($1,144,310.85) and TA vouchers #89 through #95 ($30,059.30), totaling $1,174,370.15, together with the NYSEG bills that have not yet been received. 2nd Cl Lamb Roll Call Vote Cl Vargas-Mendez Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #141 (2025) – APPROVE BUDGET MODIFICATION Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the transfer of $800.00 from B3620.201 Code Enforcement Equipment to B3620.405 Car Maintenance to cover unexpected repairs and maintenance for the 2012 Honda. 2nd Cl Dravis Roll Call Vote Cl Vargas-Mendez Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes PUBLIC HEARING COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM TB 9-11-25 Page 2 of 9 Supv Leifer opened the public hearing at 6:12 pm and read the public hearing notice. The town is applying for these funds on behalf of Hanshaw Village Mobile Home Park to connect the park to the town’s sewer district. The park owner is responsible for improving the infrastructure within the park. There is no cost to the town. There were no questions or comments, and the public hearing was l eft open at 6:16 p.m. HIGHWAY/DPW DEPARTMENT Highway Superintendent Rick Young reported his department has been busy fixing washouts and doing other repairs along the trail and paving and striping of roads. COUNTY UPDATE No report. DISCUSSION/ACTION ITEMS 2024 Town Independent Audit – The board had a presentation last month by the town auditors, have reviewed the audit, and need to accept the audit. Resolution #142 (2025) Acceptance of Audited Financial Report for the Fiscal Year Ended December 31, 2024 Supv Leifer offered the following resolution and asked for its adoption: Whereas, the Town of Dryden entered into a contract for auditing services with Insero & Co, CPAs, LLP, for the purpose of conducting an external audit of the town’s financial records for fiscal year 2024, and Whereas, the audit firm of Insero & Co, CPAs, LLP, has completed its audit of the financial statements of the Town of Dryden for the fiscal year ended December 31, 2024, and has presented the Financial Report to the Town Board, and Whereas, the audit firm has opined the 2024 financial statements contained in the prepared Financial Report present fairly, in all material respects, the financial position and the results of operations of the Town as of, and for, the year presented in the Financial Report, Whereas, the audit team has reviewed the results with the Finance and Personnel Director and presented their findings to the Town Board, Resolved, that the audited Town of Dryden Financial Report, pending any editing changes by the auditors, for the period ended December 31, 2024, is hereby accepted and will be filed in the Town Clerk’s office. 2nd Cl Vargas-Mendez Roll Call Vote Cl Vargas-Mendez Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes TB 9-11-25 Page 3 of 9 Authorize Payment Outside the Abstract – This resolution is necessary so that when the reimbursement request is ready to submit for the MIP grant a check can be cut for the associated fee. Resolution #143 (2025) - Payment Outside of Abstract for MIP Grant Commitment Fee Supv Leifer offered the following resolution and asked for its adoption: Whereas, for the ConnectALL Municipal Infrastructure Program (MIP) grant, Town of Dryden and Caroline Municipal Fiber Broadband project (Project #138,090), the town is required to remit the 1% of the total grant commitment fee and the reimbursement for out -of-pocket expenses as determined by the ConnectAll Office (CAO), Whereas, the commitment fee and expenses need to be submitted with the signed Grant Disbursement Agreement (GDA) when it has been approved by Empire State Development (ESD) Board in September 2025 and the Public Authorities Control Board (PACB) in October 2025, Whereas, to ensure the timely submission of the first reimbursement request for the MIP project, the Town will need to pay these fees before the next month’s abstract approval, Therefore, be it resolved that the Board approves the payment of 1% of the MIP Grant Commitment Fee, split at the ratio of financial benefit of each of the two participating towns in the grant, as well as the GDA stated amount of out of pocket expenses whe n submitting the signed GDA, not to exceed $500.00. 2nd Cl Lamb Roll Call Vote Cl Vargas-Mendez Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes Authorize Final Version of MIP Grant Disbursement Agreement – Once this agreement is signed and submitted the town can apply for its first reimbursement. Resolution #144 (2025) - Authorize the Supervisor to Sign the Final Version of the ConnectAll Office Municipal Infrastructure Program Grant Disbursement Agreement Supv Leifer offered the following resolution and asked for its adoption: Whereas, the Dryden Fiber ConnectALL grant will go before the Empire State Development (ESD) Board on September 18 and be presented at the Public Authorities Control Board (PACB) public hearing on October 15 for final approval, Whereas, once the grant has been approved by ESD and completes the PACB public hearing it can be signed by the Supervisor, Whereas, the Grant Disbursement Agreement (GDA) will be reviewed by Dryden Fiber staff and legal advisors during this process for accuracy, Therefore, be it resolved that the Board authorizes the Supervisor to sign the Grant Disbursement Agreement after state approvals and internal review and when it is available. 2nd Cl Lamb Roll Call Vote Cl Vargas-Mendez Yes TB 9-11-25 Page 4 of 9 Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes Authorize Overlash Agreement with Empire Long Distance Corporation – This is not yet ready for signature. Authorize Network Audit Services Agreement – This agreement with Clarity Connect for $30,000 should be ready for approval and signature next week. The purpose is to help document connections that were not documented when we switched providers. Danella Task Authorization for Dryden Fiber – This authorization is for the Caroline pole permits. Resolution #145 (2025) Approve Danella Task Authorization for Dryden Fiber Supv Leifer offered the following resolution and asked for its adoption: Whereas, Danella Power Services Inc had the lowest bid for billable work for Dryden Fiber pole permits: CAR015_CAOMIP Therefore, be it resolved that the Town Board authorizes the Town Supervisor to sign the task authorizations related to these permits. 2nd Cl Vargas-Mendez Roll Call Vote Cl Vargas-Mendez Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes Approve Notice of Award for Dryden Fiber Caroline Hut Project – This was put out to bid and bids were reviewed by Vantage Point who recommended Cellsite Solutions, LLC. Resolution #146 (2025) - Award Contract for Dryden Fiber Caroline Hut Project Supv Leifer offered the following resolution and asked for its adoption: Whereas, two bids were received for the Dryden Fiber Caroline Hut project and were opened on September 5, 2025 and Whereas, those bids were reviewed and evaluated by Vantage Point Solutions, who provided the town with a recommendation dated September 8, 2025, now therefore, be it Resolved, that this Town Board hereby awards the contract for the Dryden Fiber Caroline Hut Project to Cellsite Solutions, LLC for a total contract value of $148,000 and authorizes the Town Supervisor to sign the contract. 2nd Cl Lamb Roll Call Vote Cl Vargas-Mendez Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes TB 9-11-25 Page 5 of 9 Authorize Municipal Coalition Letter – Supv Leifer explained that NYS DEC is requiring several upgrades be added to the already planned improvement to the Ithaca Wastewater Treatment Plant. The Special Joint Committee is questioning some of them and the methodology used to make this decision. These items could add over 100 million dollars to the planned 1.3-million-dollar project. That increased cost would be spread across the rate payers and be a huge burden on everyone’s part. A letter has been prepared for the owners of the plan to sign and send to DEC. Resolution #147 (2025) - Authorizing Supervisor to sign Municipal Coalition Letter in Opposition to NYSDEC-proposed Ithaca Area Wastewater Treatment Facility Permit Modifications, and in Support of State Investment in Water Quality Mitigations Identified in the “Cayuga Lake Total Maximum Daily Load for Phosphorus” Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTF), located at the south end of Cayuga Lake, is a 13.1 million gallons-per-day-capacity treatment plant owned and operated by the City of Ithaca, the Town of Ithaca and the Town of Dryden; and, WHEREAS, the Town of Dryden is one of the three aforementioned owners; and, WHEREAS, IAWWTF owners are currently engaged in the planning phase of a multi-year capital improvement project (CIP), focusing on the modernization and replacement of aged and failing infrastructure, with out-of-pocket costs divided among owners and passed through to non-owner-users, via independently negotiated agreements based on usage; and, WHEREAS, the New York State Department of Environmental Conservation (NYSDEC) is proposing discharge permit modifications to include limits for ammonia and nitrite, which can be harmful to aquatic life in high concentrations; and, WHEREAS, the aforementioned modifications are being considered solely based on modeling and have not been corroborated by ambient water quality and biological monitoring near the IAWWTF discharge or elsewhere in the southern Cayuga Lake waterbody segment; and, WHEREAS, the membrane bioreactor technology required to meet the proposed permit limit for nitrite would add 100 million dollars to the cost of the original CIP, which would impose an enormous, unsustainable, and unjustifiable financial burden on ratepayers in the stakeholder municipalities for the indefinite future and would achieve limited, if any, environmental benefit; now therefore be it RESOLVED, that the Town Board of the Town of Dryden, having reviewed the attached letter authored on behalf of the six municipal signatories to the 2003 Intermunicipal Wastewater Agreement, supports the positions and recommendations articulated therein, an d authorizes Town Supervisor Jason Leifer to sign in representation of this body. 2nd Cl Lamb Roll Call Vote Cl Vargas-Mendez Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes TB 9-11-25 Page 6 of 9 Designate Certifying Officer – This is a necessary step for the CDBG application for Hanshaw Village MHP. RESOLUTION #148 (2025) – DESIGNATE CERTIFYING OFFICER CDBG APPLICATION FOR HANSHAW VILLAGE Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, the Town of Dryden (hereinafter “Town”) will apply for and anticipates being awarded funds through the PY2025 Community Development Block Grant (CDBG) program from the U.S. Department of Housing and Urban Development (HUD), as administered by the State of New York Office of Homes and Community Renewal (NYSHCR) for a Wastewater Improvement Project; and WHEREAS, the Town Board (hereinafter “Town Board”) as the anticipated recipient of the grant award, is required to designate a Certifying Officer for the purpose of signing required documents pertaining to the anticipated grant; and NOW, THEREFORE, BE IT RESOLVED that the Town Board does hereby designate Mr. Ray Burger, Director of Planning, as the Town’s Certifying Officer for the purpose of signing required documents pertaining to the anticipated grant award. 2nd Cl Lamb Roll Call Vote Cl Vargas-Mendez Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes Fair Housing Plan and Officer – This resolution adopts a modernized version of our 1997 fair housing plan and designates a fair housing officer. RESOLUTION #149 (2025) - ADOPTING A FAIR HOUSING PLAN AND DESIGNATING A FAIR HOUSING OFFICER Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, the Town of Dryden is applying for funding from the New York State Office of Homes and Community Renewal (OCR) for a Community Development Block Grant (CDBG) pursuant to Title I of the Housing and Community Development Act of 1974 as amended, for the Hanshaw Village MPH Sewer Project, and WHEREAS, the Town is required to adopt a Fair Housing Plan in order to uphold its commitment to affirmatively further fair housing and meet its federal obligation to engage in fair housing planning WHEREAS, the Town is required to designate a Fair Housing Officer who will be responsible for assisting individuals in securing the suitable housing accommodations of their choice and to eliminate impediments that lead to discrimination in housing TB 9-11-25 Page 7 of 9 NOW, THEREFORE, BE IT RESOLVED, The Town of Dryden Town Board hereby adopts the attached Fair Housing Plan and appoints Gina Cassidy as the Fair Housing Officer for the Town of Dryden. 2nd Cl Vargas-Mendez Roll Call Vote Cl Vargas-Mendez Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes Supv Leifer closed the public hearing on the CDBG application at 6:34 p.m. No comments have been received to date but can still be accepted prior to the application deadline of September 19. Speed Limit Request on Hunt Hill Road – Residents of Hunt Hill Road are requesting a lower speed limit on that road (currently 55 mph), suggesting 45 mph or lower. The road is heavily used by pedestrians, bicyclists, families with children in strollers and residents walking with pets. The road has sharp curves, steep elevation changes, minimal or no shoulder, limited visibility and wildlife frequently crosses it. Density has increased from about 10 homes 20 years ago to over 50 homes currently. RESOLUTION #150 (2025) – REQUEST LOWER SPEED LIMIT ON HUNT HILL ROAD Supv Leifer offered the following resolution and asked for its adoption: Whereas, Hunt Hill Road in the Town of Dryden has become more densely populated and more heavily travelled over the years, yet retains a speed limit of 55 miles per hour, and Whereas, the Town Board has received a petition from residents requesting a reduction in the speed limit on Hunt Hill Road to help protect residents, pedestrians, bicylists and families with children and pets using the roadway, and Whereas, the Town Board is concerned with the safety of pedestrians and cyclists as well as residents of Hunt Hill Road and the travelling public, now, therefore be it RESOLVED, that the Dryden Town Board hereby requests that the speed limit on Hunt Hill Road in the Town of Dryden be reduced to 40-45 mph and requests that NYS Department of Transportation conduct a study of the area to determine whether such a reduction in speed limit is warranted, and it is further RESOLVED, that this board will pass the petition received on to Tompkins County Highway and the NYS Department of Transportation and request that the traffic mitigations and safety measures are considered. 2nd Cl Lamb Roll Call Vote Cl Vargas-Mendez Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes Volunteer Board Applications – Two applications have been received for positions on volunteer boards. TB 9-11-25 Page 8 of 9 RESOLUTION #151 (2025) - APPOINT PLANNING BOARD ALTERNATE Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Pat Brenna as an alternate member to the Planning Board for a term that expires December 31, 2025. 2nd Cl Lamb Roll Call Vote Cl Vargas-Mendez Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #152 (2025) – APPOINT CLIMATE ACTION COMMITTEE MEMBER Cl Dravis offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Hanna Emmelhainz to the Climate Action Committee. 2nd Cl Vargas-Mendez Roll Call Vote Cl Vargas-Mendez Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes Budget Meetings – The following dates were selected for budget meetings: October 7, 9 and 14 at 6:00 p.m. At the October 9 meeting, discussion with the fire departments will follow approval of the abstract. Mark Bell presented the call report for Neptune Hose. They had 47 calls for the month of August. Some calls look low on personnel, but in other instances trucks went out fully loaded and things are going relatively well. They are l ooking forward to a positive budget cycle. They have decided to do a rehab vs replacement for the heavy rescue vehicle that is due to be replaced. They are hoping it will last another ten years, then they will replace it with a rescue pumper. Unless something comes in for the 2150 Dryden Road and 1400 Dryden Road public hearings, they will be closed next week. At 6:54 p.m. the board moved into executive session to discuss with counsel a current matter of litigation. They moved back to regular session at 7:19 p.m. Supv Leifer explained after discussing the litigation matter that Mike Perenihec, who is currently working with Coughlin & Gerhart and is representing the town on some matters, said he will be leaving them and joining Nathan VanWhy. The board discussed staying with M Perenihec for code enforcement matters as well as general municipal law matters along with Nathan VanWhy. Supv Leifer said he expects that the town will be notified of Perenihec’s move from Coughlin & Gerhart next week. RESOLUTION #153 – RETAIN PNV LAW FOR LEGAL REPRESENTATION Supv Leifer offered the following resolution and asked for its adoption: TB 9-11-25 Page 9 of 9 RESOLVED, that this Town Board will move all its municipal representation to NDV Law, PLLC effective September 15, 2025. 2nd Cl Lamb Roll Call Vote Cl Vargas-Mendez Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes There being no further business, the meeting was adjourned at 7:21 p.m. Respectfully submitted, Bambi L. Avery Town Clerk DRAFT Intermunicipal Wastewater Agreement Partners c/o Rod Howe, Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 DATE Via US Mail, and Email as available Carol Lamb-Lafay Acting Deputy Commissioner Water Resources NYSDEC 625 Broadway, 4th Floor Albany, NY 12233 Dear Acting Deputy Commissioner Lamb-Lafay, We write collectively as the elected leadership of the six municipal signatories to the 2003 Intermunicipal Wastewater Agreement, who are either owners of, or wastewater contributors to, the Ithaca Area Wastewater Treatment Facility (IAWWTF). Having been authorized by our respective legislative bodies to do so, we hereunder state our strong opposition to the SPDES permit modifications proposed by NYSDEC on the grounds that the assumed violations they are designed to mitigate have not been proven to exist, as required by the TMDL process outlined in NYSDEC technical guidance, and that the unprecedented costs associated with compliance would be financially burdensome to our ratepayers while yielding little to no environmental benefit. We encourage the Department to focus the State’s limited resources on mitigating the proven phosphorus and sediment- related impairments that have been apparent for decades but that continue to persist. Background The Ithaca Area Wastewater Treatment Facility (IAWWTF) located at the south end of Cayuga Lake is a 13.1 million gallons-per-day (MGD) capacity treatment plant owned and operated by the City of Ithaca, the Town of Ithaca and the Town of Dryden. The facility also receives sewer flow indirectly from the Village of Cayuga Heights, the Village of Lansing, and the Town of Lansing. DRAFT IAWWTF owners are currently developing a long-term capital improvement project (CIP). As originally envisioned, owners expected to retain conventional biological treatment, while focusing on modernization and replacement of aged and failing infrastructure. The preliminary estimate of costs related to capital improvements ranged from 60 and 100 million dollars, depending on the chosen design. Costs will be divided among owners, based on predetermined share, with a portion offset by anticipated water quality improvement grants. Some of the costs will eventually be proportionally passed through to non-owner users via independently negotiated agreements. Proposed Permit Modifications and Costs Without any corroborative ambient water quality sampling, biological sampling, evaluation of point and non-point sources, or scientific analysis of the assimilative capacity of the receiving water, NYSDEC is now proposing to add SPDES permit limitations for ammonia and nitrite, based on limited effluent data and devised using numerical standards that are designed to ensure the “protection of aquatic life.” However, the membrane bioreactor technology required to meet the proposed permit limits would add 100 million dollars to the project cost, which would have an enormous, unsustainable, and unjustifiable impact on ratepayers in the stakeholder municipalities for decades to come. NYSDEC Technical Guidance Requires a Wholistic Pollution Control Approach The technical guidance document cited by permit writers to underpin the Water Quality Based Effluent Limitations (WQBEL) for nitrite and ammonia (“TOGS 1.3.1”) specifies that WQBEL permit limits must be devised in conjunction with a TMDL process similar to the one that was recently completed for phosphorous. By any plain reading, that process must quantify the sources of ammonia and nitrite in the south segment of the lake (an approximately 1.4 square-mile area south of McKinney’s Point) and determine the segment’s ability to assimilate the substances proposed for limitation. Only then could an alleged violation be confirmed or disproven, sources identified, and mitigation strategies appropriately weighted. The aforementioned TMDL for ammonia and nitrite has not been undertaken, nor contemplated, by NYSDEC, and any analysis that relies on additional segmentation of the lake runs counter to the Department’s own guidance for waterbody segmentation. The “Consolidated Assessment and Listing Methodology,” published in 2023, provides a regulatory framework for waterbody segmentation. It specifically states that “Some very large lakes, like Lake Champlain and the Finger Lakes are segmented in multiple assessment units based on classification.” NYSDEC does not propose a change in “classification” in the waters surrounding the mixing zone. Instead it proposes a tiny new waterbody segment immediately surrounding DRAFT the zone, and appears to be contending that the TMDL process was followed for the newly created zone. Similarly, the “reasonable potential analysis” relied upon by NYSDEC in its SPDES Permit Fact Sheet to indicate that statistical modeling is potentially predictive of a violation, is itself part of the TMDL process, not a substitute for one. TOGS 1.3.1 plainly states that “The TMDL process… provides the basis for a "reasonable potential" analysis; that is, does the proposed discharge of a pollutant have the reasonable potential to cause or contribute to an excursion of water quality standards. If the answer is "yes", the TMDL process is then used to determine the WQBELs for all sources of that pollutant to assure compliance with water quality standards.” On a macro level, NYSDEC specifically dismissed nitrogen (nitrate) as a primary cause of impairment in Cayuga Lake as recently as 2024 in its TMDL for phosphorus, and did not make any recommendations regarding ammonia or nitrite. Coming to a statistically-based conclusion that anything short of complete nitrification at a wastewater treatment plant equals a water quality standards violation does not demonstrate that an applicable narrative best-use-based standards violation exists. As mentioned, the proposed permit limits are being devised with the objective of “the protection of aquatic life.” However, there has been no corroborative biological monitoring nor anecdotal evidence to suggest that organisms are under stress outside the mixing zone (which, itself, has not been delineated). To the contrary, available data indicates that annual inventories at the Cayuga Inlet fish ladder have not decreased in population or size, and angler surveys show extremely high satisfaction with fishing in the lake. In addition, synoptic dissolved oxygen sampling at four south-segment locations analyzed over the past 15 years by Community Science Institute reveals that levels in the south lake are quite high (approaching 9 mg/l) and consistent throughout the segment, displaying no localized variation or decline at the point-source discharge monitoring locations, generally indicating an overall healthy environment for aquatic life. The assumptions underpinning the Department’s proposed modifications are particularly concerning because they are purely theoretical and based on hypothetical variables such as a dilution ratio and mixing zone dimensions that not only cannot be traced to their mathematical origins, but have likely not been revisited since IAWWTF was rerated from 10 MGD to 13.1 MGD. It is not clear how NYSDEC would spatialize a new waterbody segment surrounding a mixing zone without first delineating the shape or boundaries of the zone through any quantifiable scientific processes. Past Research Supports Retaining Conventional Treatment Technology IAWWTF owners commissioned a comprehensive study in the mid-80’s to determine whether its then-redesigned discharge would result in harmful levels of ammonia outside DRAFT the mixing zone. The study, conducted by Environmental Scientist, Liz Moran, concluded that, “The analysis demonstrates that even under ‘worst case’ conditions, the concentrations of un-ionized ammonia in the south end of the lake will not create toxic conditions for fish outside of an acceptable mixing zone. Therefore, the new lake outfall of the upgraded and rebuilt Ithaca Area Wastewater Treatment Facility is not creating unacceptable water quality conditions." Subsequent to the study, the plant was rerated from 10 MGD to 13.1 MGD. It is likely that current mixing zone and dilution assumptions have not been adjusted to account for the increase in maximum allowable flow. However, with the exception of phosphorus (which has been greatly reduced), IAWWTF effluent parameters are similar to those that existed during Ms. Moran’s study period. Therefore, it is reasonable to conclude that her general findings are worth investigating today. Conclusion IAWWTF owners and users wholly support efforts to maintain and improve water quality in Cayuga Lake. To that end, IAWWTF owners voluntarily invested in tertiary phosphorus treatment in 2003, long before the TMDL for phosphorus was developed, and area municipalities continue to collaborate to utilize vital wastewater infrastructure in an efficient, regional approach. We urge the Department to avoid high cost-benefit-ratio regulatory practices that would inadvertently disincentivize regional wastewater management and encourage the proliferation of septic systems and sprawl development. Municipalities and ratepayers encourage the efficient use of resources to advance the goals of the TMDL for Phosphorus in Cayuga Lake, including the establishment of riparian buffers, streambank stabilization, and greater investment in agricultural best management practices. Given the enormous cost and questionable environmental benefit of the potential permit modification, stakeholders will continue to advocate for the prioritization of solving the problems that were quantified and published by NYSDEC following decades of research, and oppose the diversion of finite assets to address issues that have either not been identified, not been confirmed, or were dismissed outright as non-problematic during the development of the phosphorus TMDL. We urge NYSDEC to abide by its most comprehensive regulatory procedures, which were created to ensure implementation of, and compliance with, state and federal environmental law. NYSDEC must determine whether the IAWWTF discharge is causing or contributing to water-quality standards violations related to ammonia and nitrite by following its own TMDL process. A permit modification with a price tag of 100 million dollars, based solely on theoretical modeling in the absence of field corroboration, mandated while known impairments continue to go unaddressed, is environmentally questionable and financially DRAFT prejudicial, particularly to the many disadvantaged and underserved communities reliant on IAWWTF. We look forward to collaborating on thorough, sensible solutions that balance evidence- based regulatory practices with real-world financial realities and implementation constraints. Respectfully, _________________________Date:________ Robert Cantelmo, Mayor City of Ithaca _________________________ Date:________ Rod Howe, Supervisor Town of Ithaca _________________________ Date:________ Jason Leifer, Supervisor Town of Dryden _________________________ Date:________ Linda Woodard, Mayor Village of Cayuga Heights _________________________ Date:________ Ronny Hardaway, Mayor Village of Lansing _________________________ Date:________ Ruth Groff, Supervisor Town of Lansing Cc; Amanda Lefton, Commissioner, NYSDEC Anthony Luisi, Deputy Commissioner and General Counsel, NYSDEC Dereth Glance, Director, NYSDEC Region 7 Monica Moss, Section Chief, North Section, NYSDEC Thomas Vigneault, Water Resources Specialist, NYSDEC Region 7 The Honorable Anna Kelles, Assemblymember, 125th Assembly District The Honorable Lea Web, New York State Senator, 52nd Senate District The Honorable Kathy Hochul, Governor of New York State 1 FAIR HOUSING PLAN TOWN OF DRYDEN, NEW YORK I. Policy Statement It shall be the policy and commitment of the Town of Dryden to ensure that fair and equal housing opportunities are granted to all persons, in all housing opportunities and development activities funded by the Town, regardless of race, color, religion, gender, sexual orientation, marital status, lawful source of income, familial status, national origin, ancestry, age or mental or physical disability. This shall be done through a program of education, an analysis of impediments, and designation of a Fair Housing Office and development of a procedure for complaints of discrimination. This plan will incorporate the directives of state and federal laws and executive orders, including, but not limited to: a. Title VI of the Civil Rights Act of 1964 b. The Fair Housing Act -Title VIII of the Civil Rights Action of 1968, as amended c. Executive Order 11063, as amended by Executive Order 12259 d. Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended e. Section 109 of Title I of the Housing and Community Development Act of 1974, as amended f. Section 3 of the Housing and Community Development Act of 1968, as amended g. Sections 503 and 504 of the Rehabilitation Act of 1973, as amended h. The Americans with Disabilities Act of 1990 i. The Age Discrimination Act of 1975, as amended j. Executive Order 11246 (as amended by Executive Orders 12375 and 12086) Equal Opportunity Under HUD contracts and HUD-assisted Construction Contracts k. Executive Order 12892, Leadership and Coordination of Fair Housing The Town of Dryden commits to providing and promoting racial and economic integration in any housing development or financially supported with federal funding and will take affirmative steps to reach beneficiaries from all racial and ethnic groups as well as the physically or mentally handicapped and families with children and to reach a broad range of income eligible beneficiaries for appropriate and applicable housing opportunities. II. Selection of Fair Housing Officer In accordance with Title VIII, Civil Rights Act of 1968, as amended, the Fair Housing Officer below has been designated to handle fair housing complaints and activities: _____________________ 93 E Main Street Dryden, NY 13053 The Fair Housing Officer is responsible for the intake and processing of all housing complaints as well as implementation of the Fair Housing Plan activities and actions. While not expected to be an "expert" in Fair Housing Laws, at a minimum, the officer will be familiar with the complaint process and federal and state laws, which address Fair Housing. Records which show the date, time, nature of complaint and 2 decisions made in the complaint process(es) will be fully documented. A separate file will maintain a record of all housing discrimination complaint and follow-up actions. III. Complaint Process Housing discrimination complaint forms such as Forms 903 and HUG903A (Spanish version) from HUD, as well as a summary of actions which constitute housing discrimination, and instructions for completing and filing housing discrimination complaints will be made available to citizens at Town Hall, 310 Town Center Road, Painted Post, NY 14870. The Fair Housing Officer will reasonably assist the complainant in submitting the complaint to the appropriate body by providing assistance in explaining the form and/or contacting the appropriate office and allowing the use of Town phones for communication. The individual(s) filing the complaint will then be advised of the option of filing directly with the Department of Housing and Urban Development (HUD), or the Equal Employment Opportunity Commission or with all agencies simultaneously. The Fair Housing Officer will keep a record of the progress on the number of complaints filed, actions taken, and the statue of each complaint. IV. Implementation and Action Steps The Town of Dryden will adopt annually the Fair Housing Policy Statement and Resolution as an indication of its commitment to Fair Housing. The Town of Dryden shall periodically prepare, solicit and provide public service announcements for in order to provide knowledgeable and information about Fair Housing. The Town of Dryden will display Fair Housing posters identifying the Town's Fair Housing Officer, title, address and phone number in prominent locations. In addition, fair housing information will be distributed outside of traditional municipal locations including local realtors and banks. All advertising of residential real estate owned by the Town of Dryden for sale, rent or financing will contain the Fair Housing logo, equal opportunity slogan as a means of educating the home seeking public that the property is available to all persons regardless of race, color, religion, sex, mental or physical disability, sexual orientation, familial status, marital status, national origin, age, ancestry, or lawful source of income. All bid advertisements by Town sponsored programs must include the phrase "Equal Opportunity/Affirmative Action Employer." The type of logo, statement or slogan will depend on the type of media being used (visual or auditory). All logos/statements must appear at the end of the advertisement. V. Amendments The Town Board shall amend and revise this Plan as required to keep current with state/federal affirmative action and equal opportunity policies and procedures and local actions and activities to further the purposes of this Plan.