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TOWN OF ULYSSES
S.E.Q.R.-WATER DISTRICT No 3
PUBLIC HEARING
8/14/2001
PRESENT: Supervisor Doug Austic, Councilpeople Carolyn Duddleston, Andrew
Hillman, Sue Poelvoorde and Robert Weatherby, Town Attorney Bruce Wilson, and
Town Clerk Marsha Georgia
Proof of Notice being furnished, Supervisor Austic re-opened the adjourned public
hearing of July 31A, 2001 at 7:40 PM. The engineer has addressed the questions and
concerns that were raised at the July 31st public hearing on Part I of the SEQR.
Mr. Austic reviewed Part I - Project Information, of the S.E.Q.R. Full Environmental
Assessment Form, and opened the floor for comments.
Mr. Daniel Higgins asked if the Town has a formal agreement with Bolton Point Water
yet?
Mr. Austic stated at this point the Town is dealing with the City of Ithaca and they have
not gotten a formal agreement with Bolton Point at this time.
Mr. Austic asked if there were any further comment .
Hearing no further comments, Mr. Weatherby moved, seconded by Mrs. Duddleston to
close the public hearing.
Mr. Austic aye
Mrs. Duddleston aye
Mr. Hillman aye
Ms. Poelvoorde aye
Mr. Weatherby aye
The public hearing closed at 7 : 55 PM.
Respectfully submitted,
Marsha L. Georgia
Ulysses Town Clerk
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TOWN OF ULYSSES
PUBLIC HEARING
8/14/2001
PRESENT : Supervisor Doug Austic, Councilpeople Carolyn Duddleston, Andrew
Hillman, Sue Poelvoorde, Robert Weatherby, Town Attorney Bruce Wilson, and Town
Clerk Marsha Georgia.
Supervisor Austic opened the public hearing on the revised Map Plan and Report for
Water District No. 3 at 7 :00 pm.
Supervisor Austic briefly reviewed the Map Plan and Report, with revisions to remove
several Krums Corners Road properties and add several Jacksonville Road properties to
the Water District. Mr. Austic noted that said properties were removed and added,
respectively, after petitions from the two areas were submitted and the Town's engineers
determined that the removals and additions would not alter the per user cost for the
district. The estimated cost for the district remains $3 . 5 million, to be divided out to an
estimated $501 per user household annually.
Supervisor Austic opened the floor for public comments.
Supervisor Austic called on Mr. Roy Coats to comment.
Mr. Coats, of 3237 Wilkins Road, noted that several residents on Wilkins Road have
submitted a petition to the Town Board requesting inclusion in Phase I of the Water
District. Mr. Coats explained that he and his neighbors have water problems identical to
those throughout the Town with the exception of the contamination that exists in
Jacksonville. Mr. Coats stated that most of the residents on Wilkins Road have to bring in
bottled water for drinking, and that the residents very much wish to be included in this
first phase of the water district.
Mr. Austic explained the process by which roads in the Town of Ulysses were selected or
excluded for this initial Water District. Mr. Austic explained that the cost of running lines
along each road was compared to the number of equivalent dwelling units (E.D.U.'s)
times the estimated $501 per year that each E.D.U . could be expected to return to the
Town. The reason Wilkins Road was cut from the water district is the cost of running the
line was higher than the revenue that doing so would have brought in. Mr. Austic re-
noted the fact that the currently proposed district is, essentially, an initial phase to which
other areas of the Town of Ulysses could be connected to in the years to come. Mr.
Austic stated that the concerns and requests of those who wish to be in the district are
important to the Town. Mr. Austic further reminded the assembled that it will be possible
to petition for connection to the water district in the future, but at this present time, the
Town and the engineers needed to come up with something that would be economically
feasible for the Town.
Mr. Coats stated that his concern is that extension of the water district to include his
neighborhood at a later time will be extremely expensive.
Mr. Austic noted that economics would be factored in when petitions are received in the
future. The same processes by which the current proposal was designed to fit what would
be most economically feasible will be applied to the design of future extensions.
Supervisor Austic called on Mary Ellen Lourey to comment.
Ms. Lourey, of 5165 Jacksonville Road, stated that she supports the decision to switch
residents on Krums Corners Road out and residents on Jacksonville Road into the water
district.
Town of Ulysses
Public Hearing
Water District #3 -Map Plan & Report II
8/ 14/2001
Supervisor Austic called on Carl and Laura Butterfield to comment.
Mr. Butterfield, of 5217 Jacksonville Road, stated that he, also, supports the decision to
switch Krums Corners residents out and Jacksonville Road residents in, as was requested
by comment and by petition.
Supervisor Austic called on Cindy Lilly to comment.
Ms. Lilly, of 3471 Krums Corners Road, stated that she lives on Krums Corners Road,
and that she was disappointed about not being included and about the indication in the
newspaper article that all the residents of Krums Corners Road were opposed to inclusion
in the water district. Ms. Lilly stated that she and others along the road would have liked
to be included in the district, and that she hopes to be considered in the future.
Mr. Austic noted that Ms. Lilly's residence was further up the road and was not included
on account of the distance from it to NYS Route 96 and the main water line.
Mr. Austic opened the floor to further comments.
Mrs. Sandra Hill, of 3072 Wilkins Road, stated that she is among the people who signed
the initial petition to be included in the water district and that is seems deceitful to
exclude Wilkins Road from the district.
Mr. Austic explained that if the estimated annual cost per user totals more than $501 , the
project will have to go through the NYS Comptroller's office, a process that will, at best,
slow the process down by several months.
Mr. Austic noted to the audience that, if the current proposal does not go through,
municipal water would not be brought in a timely manner to any of the many residents
who have expressed their desire for this service.
Ms. Peg Coogan asked if there is any up to date knowledge of Exxon Mobil's position on
whether or not the company will provide funding.
Mr. Austic stated that, as of last week, the company had not come to a decision.
Mr. Dan Higgins, of the Ithaca Journal reported that he spoke to a Mr. Barry Woods, with
the Exxon Mobil Corp. , and that Mr. Woods stated no decision has been made. Mr.
Higgins stated that, from his understanding, the corporation is seeking the agreement of
the NYS DEC to sign off of the matter with the donation of a specified amount by the
corporation.
Mr. Fred Bowen, of 3156 Iradell Road, asked where the water tower would be.
Mr. Austic stated that the plan is to construct the tower between Iradell Road and Van
Dorns Corners Road. Mr. Austic reported that a property owner has agreed to allow the
construction, but no final agreement has been reached.
Mr. Bowen asked why the district would not include Iradell Road, since the tower will be
very close to that road.
Mr. Austic explained that hydraulic functioning makes this a difficulty, and reminded the
assembled that roads were included or excluded according to economic feasibility.
Mr. Peter Penniman stated his thanks to the Town Board for ;its work to bring the
proposed water district to its current state.
Mr. Austic noted again, that the current proposal reflects the best the Town can do to
establish a water district.
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Town of Ulysses
Public Hearing
Water District #3 -Map Plan & Report H
8/ 14/2001
Mr. Michael Lunger, of 3017 Dubois Road asked if there is a specified population density
that would make a water district extension feasible.
Mr. Austic stated that it is hard to say for certain because of differing slopes and other
variable factors, but in drafting the current proposed district, sites that were feasible for
inclusion typically were separated by a maximum of five-to-six hundred feet. Mr. Austic
also reminded the audience that the existence of the major infrastructure, including pump
station, water tower and main lines, will make it less costly to add to the district than it
will be to construct it initially.
Mr. Austic asked if there were any other comments.
Mr. Austic asked if the Town Board members wished to comment.
Ms. Poelvoorde reemphasized the fact that the current proposal allows basic
infrastructure to be established, but that other roads can be added potentially as soon as
next year.
Mr. Austic asked if there were any further comments.
Mr. Carman Hill asked about progress on the revised Town Zoning Ordinance, noting
that it is important to have this document in place before the water district is constructed.
Mr. Austic reported that he expects the Ordinance will be completed by December of this
year, and that the Board anticipates the receipt of a draft in the next month.
Mr. Michael Lunger asked what the approval process to extend the water district would
entail.
Mr. Austic reported that the same elements that have gone into the preparation of the
current proposed district would go into an extension.
Mrs. Sandra Hill stated that she thinks the Town was remiss in not giving residents a
clear picture of the procedures that constitute the process of forming a water district.
Mr. Austic noted that the Town did hold several meetings, consisting of informational
meetings and public hearings, and contacting the Town hall could always have accessed
that information.
Mr. Austic asked if there were any further comments.
Hearing no further comments, Mrs. Duddleston moved, seconded by Mr. Hillman to
close the public hearing.
Mr. Austic aye
Mrs. Duddleston aye
Mr. Hillman aye
Ms. Poelvoorde aye
Mr. Weatherby aye
The public hearing closed at 7:35 pm.
Respectfully submitted,
Marsha L. Georgia
Ulysses Town Clerk
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TOWN OF ULYSSES
REGULAR TOWN BOARD MEETING
8/14/2001
PRESENT: Supervisor Doug Austic, Councilpeople Carolyn Duddleston,
Andrew Hillman, Sue Poelvoorde, and Robert Weatherby, Town Attorney Bruce Wilson,
Town Clerk Marsha Georgia, Highway Superintendent James Meeker.
Others Present: Grace Wolf, Free Press Reporter, Richard Coogan, County
Representative Peter Penniman, Dan Higgins, Ithaca Journal, Catherine Stover, and other
Ulysses Residents.
Supervisor Austic called the meeting to order at 7 : 55 pm and led those assembled in the
Pledge of Allegiance to the United States Flag.
Supervisor Austic noted that the Town Board would digress from the agenda to complete
business pertinent to Water District No. 3 first. There were no objections.
Water District No 3
Map, Plan and Report
Mr. Hillman moved, seconded by Ms. Poelvoorde :
WHEREAS, after the Public Hearing of July 31 , 2001 , petitions were received by the
Town of Ulysses requesting that the residents residing on Krums Corners Road be
removed from Water District No. 3 and,
WHEREAS, an additional request was received by the Town of Ulysses to include
residents on Jacksonville Road and,
WHEREAS, the Town of Ulysses requested that Barton & Loguidice, P.C. amend the
Map Plan and Report for Water District No . 3 to reflect the above changes in district
boundaries,
THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ulysses accepts
the amended Map Plan and Report for filing.
Mr. Austic aye
Mrs. Duddleston aye
Mr. Hillman aye
Ms. Poelvoorde aye
Mr. Weatherby aye
Adopted.
Public Notice for S.E.Q.R. and Map, Plan and Report Public Hearings
Mrs. Duddleston moved, seconded by Ms. Poelvoorde, the following:
BE IT RESOLVED that the Town Board of the Town of Ulysses hereby approves the
adequacy of the publication and postings for the public hearings on the amended Map
Plan and Report and the SEQR review for Water District No . 3 .
Mr. Austic aye
Mrs. Duddleston aye
Mr. Hillman aye
Ms. Poelvoorde aye
Mr. Weatherby aye
Adopted.
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Town of Ulysses 2
Regular Town Board Meeting
8/ 14/2001
Part I, S.E.Q.R. Full Environmental Assessment Form
The Town Board reviewed Part I of the State Environmental Quality Review Full
Environmental Assessment Form and answered the questions as follows:
Name of Action: Water District No. 3
Location of Action: Trumansburg Road and others, Town of Ulysses, Town of Ithaca,
Tompkins County
Name of Applicant/Sponsor: Mr. Douglas Austic
Phone Number and Address: (607) 387-5767, 10 Elm Street, Trumansburg, NY 14886
Description of Action: Installation of approximately 9. 2 miles of 8 " , 10" and 12" water
main, 260,000 (approx.) gallon storage tank and booster pump station.
A. Site Description
Physical setting of overall project, both developed and undeveloped areas :
1 . Commercial, residential (suburban), rural (non-farm), and agricultural.
2 . Total acreage of project area: 12 acres.
APPDXIMATE ACREAGE PRESENTLY / AFTER COMPLETION
-Meadow or Brushland: 6 acres 5 . 5 acres
-Forested: 3 acres 3 acres
-Agricultural (includes orchards, cropland, pasture, etc.) :
3 acres 3 acres
-Roads, buildings and other paved surfaces: 0 acres 0. 5 acres
3 .What is predominant soil type (s) on project site?
HuB, OaA, CfB, and LbB
a. Soil drainage : moderately well drained 40 % of the site : poorly drained 60% of the site.
b. If any agricultural land is involved how many acres of soil are classified within soil
group 1 through 4 of the NYS land Classification System? 1 . 5 acres (see 1 NYCRR 370)
4 . Are there bedrock outcroppings on project site? No
a. What is depth to bedrock? 6 feet (approx)
5 . Approximate percentage of proposed project site with slopes: -0- 10% slope: 100%
- 15% or greater slope: 0% .
6. Is project substantially contiguous to, or contain a building, site or district, listed on the
State or the National Registers of Historic Places? No .
7 . Is project substantially contiguous to a site listed on the Register of National Natural
Landmarks? No .
8. What is the depth of the water table (in feet) : 2 feet.
9. Is site located over a primary, principal or sole source aquifer? No .
10. Do hunting, fishing or shell-fishing opportunities presently exist in the project area?
No .
11 . Does project site contain any species of plant or animal life that is identified as
threatened or endangered? No .
12 . Are there any unique or unusual landforms on the project site (including cliffs, dunes
and other geological formations)? No .
13 . Is the project site presently used by the community or neighborhood as an open space
or recreation area? No .
14 . Does the present site include scenic views known to be important to the community?
No .
15 . Streams within or contiguous to project area include : unnamed, intermittent streams,
a. Name of stream and name of river to which it is tributary: Willow Creek, Glenwood
Creek, and Indian Creek.
16. Lakes, ponds, wetland area within or contiguous to project area: PSS1 , Cayuga Lake :
< 1 ,042,000 acres (total lake area) .
17 . Is the site served by existing public utilities? Yes.
-Does sufficient capacity exists to allow connection? Yes.
-Will improvements be necessary to allow connection: No .
18 . Is the site located in an agricultural district certified pursuant to Agriculture and
Markets Law, Article 250-AA, Sections 303 and 304? Yes.
19. Is the site located in or substantially contiguous to a Critical Environmental Area
designated pursuant to Article 8 of the ECL, and 6 NYCRR 64. 7? No .
20 . Has the site ever been used for the disposal of solid or hazardous wastes? No .
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Town of Ulysses 3
Regular Town Board Meeting
8/ 14/2001
B. Project Description
1 . Physical dimensions and scale of project (fill in dimensions as appropriate) :
a. Total contiguous acreage owned or controlled by project sponsor: 12 acres
b. Project acreage to be developed: 12 acres initially, 12 acres ultimately.
c. Project acreage to remain undeveloped: N/A.
d. Length of project, in miles, if appropriate : 9.2 miles.
e. If the project is an expansion, indicates percent of expansion proposed: N/A.
f. Number of off-street parking spaces: existing: N/A: proposed: N/A.
g. Maximum vehicular trips generated per hour (upon completion of project) : N/A.
h. If residential, number and type of housing units : N/A
i. Dimensions (in feet) of largest proposed structure : height: 45 feet; width: 31 feet;
length: N/A.
j. Linear feet of frontage along a public thoroughfare project will occupy is? N/A.
2. How much natural material (rock, earth, etc.) will be removed from the site? 3 . 34
tons/cubic yards.
3 . Will disturbed area be reclaimed? Yes
a. For what purpose is the site being reclaimed? Restoration to near original state.
b. Will topsoil be stockpiled for reclamation? Yes.
c. Will upper topsoil be stockpiled for reclamation? Yes.
4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from
site? . 5 acres.
5 . Will any mature forest (over 100 years old) or other locally important vegetation be
removed by this project? No .
6. If single-phase project : Anticipated period of construction (including demolition) : 4
months
7. If multi-phased: N/A
8. Will blasting occur during construction? No.
9. Number ofjobs generated: during construction: 15 : after project is complete : 0.
10. Number ofjobs eliminated by this project: 0.
11 . Will project require relocation of any projects or facilities? No .
12. Is surface liquid waste disposal involved? No.
13 . Is subsurface liquid waste disposal involved: No .
14. Will surface area of an existing water body increase or decrease by proposal? No .
15. Is project or any portion of project located in a 100-year flood plain? No.
16. Will the project generate solid waste: No.
17. Will the project involve the disposal of solid waste? No .
18. Will project use herbicides or pesticides? No.
19. Will project routinely produce odors (more than one hour per day)? No.
20. Will project produce operating noise exceeding the local ambient noise levels? Yes.
During Construction
21 . Will project result in an increase in energy use : Yes. Electricity for pumping station.
22. If water supply is from wells, indicate pumping capacity in gallons per minute : N/A.
23 . Total anticipated water usage in gallons per day: 60,000 (average daily water
consumption).
24. Does project involve Local, State or Federal funding? Yes, NYS DWSRF.
25 . Approvals Required:
-City, Town, Village Board: Yes, District Approval, Submittal Date: 7/2001
-City, Town, Village Planning Board : No.
-City, Town Zoning Board: No.
-City, County Health Department: Yes, Plan for Water Supply Approval, Submittal Date:
10/2001
-Other Local Agencies: Yes. City and Town of Ithaca, 10/2001
-Other Regional Agencies: No.
-State Agencies: NYSDEC : Yes, Water Supply Approval, 10/2001
-Federal Agencies: No .
C. Zoning and Planning Information
1 . Does proposed action involve a planning or zoning decision: No.
2. What is the zoning classification(s) of the site? Residential, agricultural and
commercial.
3 . What is the maximum potential development of the site if developed as permitted by
the present zoning? N/A
4 . What is the proposed zoning of the site? N/A
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Town of Ulysses 4
Regular Town Board Meeting
8/ 14/2001
5 . What is the maximum potential development of the site if developed as permitted by
the present zoning? N/A
6. Is the proposed action consistent with the recommended uses in adopted local land
use plans? Yes.
7. What are the predominant land uses(s) and zoning classifications within a 1 /4 mile
radius of the proposed action? Residential, Agricultural and Commercial
8 . Is the proposed action compatible with adjoining/surrounding land uses within a 1 /4-
mile? Yes.
9. If the proposed action is the subdivision of land, how many lobs are proposed?: N/A:
One for Tank Site
10 . Will proposed action require any authorization(s) for the formation of sewer or water
districts? Yes.
11 . Will the proposed action create a demand for any community provided services
(recreation, education, and police, fire protection)? No .
12 . Will the proposed action result in the generation of traffic significantly above present
levels? No.
D. Informational Details
See file for additional information about the proposed project. The Town Board did not
note any adverse impacts associated with the proposal.
E. Verification
The Town Board agreed to the following, to be signed by Supenr isor Austic as the
sponsor of the project :
"I (Supervisor Austic) certify that the information provided above is true to the best of
my knowledge.
Having reviewed Part I of the S .E .Q.R. Full E.A.F. for the project as recorded above, Mr.
Weatherby moved, seconded by Ms. Poelvoorde :
BE IT RESOLVED that the Town Board of the Town of Ulysses accepts Part 1 of the
State Environmental Quality Review Full Environmental Assessment Form as presented
above.
Mr. Austic aye
Mrs. Duddleston aye
Mr. Hillman aye
Ms. Poelvoorde aye
Mr. Weatherby aye
Adopted.
Parts II and III of the S.E.Q.R. Full Environment Assessment Form
Ms. Poelvoorde read Part II of the State Environmental Quality Review Full
Environmental Assessment Form for the record. The Town Board answered the questions
as follows:
Impact on Land
1 . Will the proposed action result in a physical change to the project site? Yes
Construction on land where the depth to the water tables is lest; than 3 feet; Small to {
moderate impact; cannot be mitigated by project change.
Change on lands: construction of pump station, building and storage tank; Small to
moderate impact; can not be mitigated by project change.
2. Will there be an effect to any unique or unusual Iandforms found on the site? (ie.
,cliffs, dunes, geological formations, etc.) No .
Impact on Water
3 . Will proposed action affect any water body designated as protected (under Articles 15 ,
24 and 25 of the Environment Conservation Law, ECL)? Yes Construction in a
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Town of Ulysses 5
Regular Town Board Meeting
8/14/2001
designated freshwater or tidal wetland: Small to Moderate Impact : Can be mitigated by
project change
4. Will proposed action affect any non-protected existing or new body of water? No
5 . Will proposed action affect surface or groundwater quality or quantity? No
6. Will proposed action alter drainage flow or patterns, or surface water runoff? No .
Impact on Air
7. Will proposed action affect air quality? No.
Impact on Plants and Animals
8 . Will proposed action affect any threatened or endangered species? No .
9. Will proposed action substantially affect non-threatened or non-endangered species?
No .
Impact on Agricultural Land Resources
10. Will the proposed action affect agricultural land resources? Yes.
The proposed action would sever, cross or limit access to agricultural land (includes
cropland, hayfields, pasture, vineyard, orchard, etc.) ; Small to moderate impact; cannot
be mitigated by project change.
Impact on Aesthetic Resources
11 . Will proposed action affect aesthetic resources? Yes
Tank Construction: Small to moderate impact : Can be mitigated by project change.
Impact on Historic and Archaeological Resources
12. Will proposed action impact any site or structure of historic, pre-historic or
paleontological importance? Yes.
Proposed action will occur in an area designated as sensitive for archaeological sites on
the NYS Site Inventory: Small to moderate impact : Can be mitigated by project change.
Impact on Open Space and Recreation
13 . Will proposed action affect the quantity or quality of existing or future open spaces or
recreational opportunities? No.
Impact on Critical Environmental Area
14. Will proposed action impact the exceptional or unique characteristics of a critical
environmental area (CEA) established pursuant to subdivision 6 NYCRR 617. 14 (gr ?
No.
Impact on Transportation
15 . Will there be an effect to existing transportation systems? No .
Impact on Energy
16. Will proposed action affect the community's sources of fuel or energy supply? No.
Noise and Odor Impacts
17. Will there be objectionable odors, noise or vibration as a result of the proposed
action: Yes.
Proposed action will produce operating noise exceeding the local ambient noise levels for
noise outside of structures; Small to moderate impact; Can not be mitigated by project
change.
Impact on Public Health
• 18. Will proposed action affect public health and safety? No.
Impact on Growth and Character of Community or Neighborhood
19. Will proposed action affect the character of the existing community? Yes
Proposed action will cause a change in the density of land use; small to moderate impact:
Can be mitigated by project change.
20. Is there, or is there likely to be, public controversy related to potential adverse
environmental impacts? No .
Ms. Poelvoorde entered Part III into the record as follows:
Part III- Modified Evaluation of the Importance of Impacts
The Town Board of the Town of Ulysses does not anticipate that the formation and
construction of Water District No. 3 will result in potentially large adverse environmental
impacts to the resources of the Town in the long term, short term or cumulatively. The
Board expects that the Comprehensive Plan and the ensuing update of the Zoning
Ordinance, to implement the goals and objectives of the Comprehensive Plan, will set
forth the direction and scale of future development in the Town that will be in keeping
with the rural agricultural atmosphere. Therefore, the changes that will likely result from
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Town of Ulysses 6
Regular Town Board Meeting
8/ 14/2001
the installation of municipal water in the Town are expected to be moderate and in
keeping with the character of the desired and expected growth.
The following sections explain, for the general public, in more detail the responses to Part
2, Column 1 , Small to Moderate Impact for the features of the Town's environment that
will be impacted by implementation of Water District No . 3 :
1 . Impact on Land
The proposed project involves the installation of underground water mains and above
ground construction of a booster pump building and water tank . Placement of the water
mains will occur primarily in state highway and town road rights of way. The booster
pump building and water tank will occupy currently undeveloped land.
The placement of the booster pump building and water tank will result in the long-term
change from vegetated site to built structures and impervious surfaces. The site required
for these structures are small and are not expected to have a significant or large adverse
environmental impact on the greater area surrounding the sites. Any change in drainage
on the two sites will be mitigated by proper construction and landscaping techniques such
as the use of vegetated swales.
As noted above, the installation of underground water main will occur primarily in
highway right of way. The construction is expected to cross streams and areas that are
seasonally wet. Thus the depth to the water depth will vary along the project. Proper
construction techniques will be used to mitigate impact to water quality during ground
disturbance for placement of the water mains. The area where water main will be placed
will be allowed to return to a vegetated state.
3. Impact on Water
For all construction activities associated with the implementation of Water District #3 ,
proper erosion control measures such as silt fencing will be planed prior to ground
disturbance and be maintained throughout construction to minimize the impact on area
water resources from exposing subsurface soil. Raw soil will be planted and mulched as
soon as possible after construction is complete.
The installation of water main will result in construction through small pockets of
designated or potentially qualifying federally protected freshwater wetlands. Construction
will follow U . S . Army Corps of Engineers and/ or New York State Department of
Environmental Conservation prescribed methods for protecting the integrity of the
wetlands. Surface elevations will be determined prior to the start of construction. Post
construction, final grades will be returned to pre-construction levels.
10. Impact on Agricultural Land Resources
The proposed project will install water mains along existing highway right of way.
Several agricultural parcels exist along the proposed route where the only access to the
parcel is from the highway. Access to the parcels will be limited during the placement of
water main. The impact may be mitigated by the timing of construction and conferring
with the area farmers prior to the start of construction.
11 . Impact on Aesthetic Resources
The construction of the water tank will be the most visible feature of the implementation
of the Water District #3 project . The tank will be in the view shed for many residents of
the Town and travelers along NYS Route 96. The change in the view shed is expected to
be minimal and in keeping with the rural landscape of the Town in that the style of tank
resembles an agricultural silo, a feature that still exists in many areas of the Town's
landscape.
12. Impact on Historic and Archaeological Resources
A letter, dated June 8 , 2001 , was sent to the New York State Office of Parks, Recreation
and Historic Preservation requesting identification of any buildings, sites or districts
listed on the State or National Registers of Historic Places contiguous to the project area.
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Town of Ulysses 7
Regular Town Board Meeting
8/14/2001
Per their recommendation, a Phase IA Archaeological Sensitivity Assessment was
completed. That study recommended that a Phase IB field investigation be performed.
The field-testing will be performed in the near future and prior to the start of
construction.
While the Phase IA study recommended the field testing, it also suggested that cultural
resources in the area will likely be unaffected by this project. However, if the field tests
encounter cultural resources, a Phase II, Site Evaluation will follow to determine the
integrity, limits, structure, function and cultural/historical context of the archaeological
site per the specifications set out in Standards for Cultural Resource Investigations and
the Curation of Archaeological Collections in New York State by the New York
Archaeological Council and adopted by the New York State Office of Parks, Recreation
and Historic Preservation.
17. Noise and Odor Impacts
The proposed project will generate noise above the local ambient levels for noise outside
of structures. The nature of the impact will be short term, occurring only during the
construction phase of the project. Impacts will be mitigated to some extent by the
construction schedule of daytime hours and Monday through Friday workweeks.
19. Impact on Growth and Character of Community or Neighborhood
The single most important reason to implement this project is the positive impact that it
will have on many residents of the Town of Ulysses who have for many years struggled
to have a safe and adequate supply of drinking water. Residents of the hamlet of
Jacksonville have watched their community change from impacts of underground
gasoline spills. Potential new residents drawn to the hamlet for its attractive rural
community lifestyle are wary when they learn of the uncertainty of the quality of drinking
water.
The growth or change in character that may result from the installation of municipal
water will be guided by the Town of Ulysses Comprehensive Plan and the new Zoning
Ordinance, currently under production. Through the planning process for both of the
documents, the residents desire to maintain the rural agricultural atmosphere of the Town
has and will set the direction for future growth of the community. Large-scale
developments are not in keeping with the character of the Town and are not encouraged
by the goals and objectives set forth in the comprehensive plan. Future developments that
may result from the availability of safe and reliable drinking water will thus be in keeping
with the scale of development that presently exists in the Town.
Mr. Hillman moved, seconded by Mrs. Duddleston, the following:
BE IT HEREBY RESOLVED that the Town Board of the Town of Ulysses
accepts Parts II and III of the New York State Environmental Quality Review (S .E. Q.R.)
Full Environmental Assessment Form as presented above.
Mr. Austic aye
Mrs. Duddleston aye
Mr. Hillman aye
Ms. Poelvoorde aye
Mr. Weatherby aye
Adopted.
S.E.Q.R. Negative Declaration: Notice of Determination of Non-Significance
Mrs. Duddleston moved, seconded by Mr. Weatherby, the following:
Whereas, the Town of Ulysses has considered the criteria listed on 6NYCRR 617. 7 (a)-
(c) in relation to the impacts that may be reasonably expected to result from this proposed
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Town of Ulysses 8
Regular Town Board Meeting
8/ 14/2001
project and has determined that it will not have a significant impact on the environment.
In considering reasonable related long-term, short-term and cumulative effects of
potential consequences, the Town of Ulysses Town Board has determined that there will
not be a substantial change in land use or intensity of use or that this project will attract a
large number of people to a place for more than a few days, and,
WHEREAS, the proposed facilities will bring water service to established residential
areas and is not expected to significantly increase residential density, nor is it expected to
significantly decrease agricultural lands due to increased development, and,
WHEREAS, the Town of Ulysses has identified potential areas of archaeological
concern within the project area and has completed a Phase 1A Cultural Resources Survey
as recommended by the NYS Office of Parks, Recreation and Historic Preservation (NYS
OPRHP) and shall complete a Phase IB Cultural Resources Survey in accordance with
the archeologist's and NYS OPRHP's recommendations. The negative declaration not
withstanding, the Town of Ulysses will modify the project plan, if necessary, to ensure
that this project will have no significant impact on cultural resources identified within the
project area, as the NYS OPRHP may require, and,
WHEREAS, the Town has additionally determined that a portion of this project is
contiguous to an agricultural district. This project is limited to sections immediately
adjacent to the roadway; therefore minimal, if any, impact should occur to agricultural
lands. The Town of Ulysses has prepared and filed a preliminary notice of intent with the
New York State Department of Agriculture and Markets, and will file, not withstanding
this negative declaration, a final notice of intent upon district formation,
THEREFORE BE IT RESOLVED that the Town of Ulysses Town Board has
determined that this Notice of Determination of Non- Significance is appropriate and that
this proposed project is not expected to cause significant adverse effect on the
environment.
Mr. Austic aye
Mrs. Duddleston aye
Mr. Hillman aye
Ms. Poelvoorde aye
Mr. Weatherby aye
Adopted.
Confirming Lead Agency Status and Adoption of Negative Declaration
WHEREAS, the Town of Ulysses Town Board is considering formation of the Town of
Ulysses Water District No 3 (The "Project"), and
WHEREAS, the project is considered a "Type I Action" as defined by the State
Environmental Quality Review Act (SEQRA) and the State Environmental Review
Process (SERP) ; and
WHEREAS, Part 1 of a full environmental assessment form ( FEAF) was completed by
the Town Engineers, Barton & Loguidice, P . C. , dated June 11 , 2001 , and submitted to
this Board for its review and consideration, in connection with the project; and
WHEREAS, in accordance with 6 NYCRR Part 617 .6 and SERP, a lead agency must be
established for the purpose of conducting a SEQRA review of this project; and
WHEREAS, at its regular meeting held on the 12th ofJune, 2001 , the Town Board
authorized preparation of the FEAF and declared its intention to assume lead agency
status in this matter for purposes of SEQRA and SERP review processes; and
WHEREAS, notice of such intention was made known to involved agencies, and they
have indicated that they have no objection to the Town Board proceeding to serve as lead
agency in this matter; and
8
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Town of Ulysses 9
Regular Town Board Meeting
8/ 14/2001
WHEREAS, the Town of Ulysses has identified potential areas of archeological concern
within the project area and is actively pursuing archeological cultural resource surveys as
recommended by the New York State Office of Parks, Recreation and Historic
Preservation (NYS OPRHP), and that the Town of Ulysses will, if necessary, modify the
project plans as the NYS OPRHP may require to ensure that the project will have no
significant impact on cultural resources in the project area.
NOW THEREFORE, BE IT RESOLVED AND DETERMINED, that it is confirmed
that this Board shall serve as lead agency in the SEQRA and SERP review process for the
Project; and it is further
RESOLVED AND DETERMINED that this Board hereby adopts the Negative
Declaration annexed hereto for the reasons set forth therein; and it is further
RESOLVED AND DETERMINED, that legal counsel or the Town Engineers are
hereby instructed to publish and circulate the annexed Negative Declaration in
accordance with appropriate laws and regulations, and it is further
RESOLVED, that the Supervisor, together with counsel for the Town and the Town
Engineers are hereby authorized and directed to take all actions, serve all notices and
complete all documents in order to give full force and effect to this determination.
Mr. Austic aye
Mrs. Duddleston aye
Mr. Hillman aye
Ms. Poelvoorde aye
Mr. Weatherby aye
Adopted.
Statement of Water District No 3 's Overall Beneficial Impact on Community
Mr. Hillman moved, seconded by Mr. Weatherby, the following:
BE IT RESOLVED, that the Town Board of the Town of Ulysses has affirmatively
made the following findings:
1 . That all properties within the proposed district are benefited; and,
2. That all benefited properties are within the proposed district; and,
3 . That the proposed district serves a legitimate public purpose for the Town.
Mr. Austic aye
Mrs. Duddleston aye
Mr. Hillman aye
Ms. Poelvoorde aye
Mr. Weatherby aye
Adopted.
Adoption of Water District No. 3
Mr. Austic moved, seconded by Ms. Poelvoorde the following :
WHEREAS, the Town of Ulysses Town Board has been considering formation
of Ulysses Water District No. 3 pursuant to Article 12A of the Town Law; and
WHEREAS, the Board has previously approved the funding of a Map, Plan and
Report and authorized as Town Engineer, Barton & Loguidice, P. C. to prepare same; and
WHEREAS, said Map, Plan and Report was duly accepted for filing and duly
filed with the Town Clerk; and
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To of Ulysses to 2, 1°5
Regular Town Board Meeting
8/14/2001
WHEREAS, the Board duly authorized said engineers to prepare a State
Environmental Review (SEQR) as a Type I action and duly by resolution named the
Town Board as Lead Agency for said environmental review, and duly giving all notices
required by statute _to all interested involved parties pursuant to law; and
WHEREAS-, the Board has accepted for filing
said Part I of the SEQR Full
vironmental Assessment Form (EAF) review and same was duly flied with the Town
En
Clerk; and
WHEREAS, a public hearing was duly called and held
a u o before th To_ Bd b d on
July 31 , 2001 after first posting and publishing pursuant to se
findings and all public comment was heard as to the Map, Plan and Report and SEQR
review; and authorized based on public
WHEREAS, thereafter, the Town Board duly the
&���' �� � inspection; and
Clerk and open public
the Town Board duly called a second public hearing relative to said
amended Map, Plan and Report duly held August 14, 2001 and public comment was
again solicited; and .
WHEREAS, the Board accepted for filing the amended Map, Plan and Report for
consideration by the Board, and
WHEREAS , the Town Board as Lead Agency reviewed. Part I of the SEQR Full
EAF and made findings thereon by separate resolution and thereafter completed Part II
and III of said review process and duly adopted a negative declaration in regard thereto ;
and
WHEREAS, the Town Board has affirmatively made the following findings :
1 . That all properties within the proposed district are benefited; and
2 . That all benefited properties are within the proposed district; and
3 . That the proposed district serves a legitimate public purpose for the
Town.
NOW THEREFORE, IT IS HEREBY RESOLVED, that the amended Map,
Plan and Report is approved by the Town Board in its entirety and the Clerk shall file
same and give statutory notice to the New York State Comptroller pursuant to statute and
a final order with this resolution shall be duly filed with the Town Clerk and Tompkins
County Clerk pursuant to law; and
IT IS FURTHER RESOLVED, that the Town Supervisor, Town Attorney and
surveyors are authorized to negotiate with the Town of Ithaca and the City of Ithaca for
agreement on supply of municipal water from their sources and put to public bid and
bond same and pay thereafter, among other necessary costs, bonding, attorneys, engineers
and contractors for the funding, or finan�g and construction fiu'''� advise this Board
acquisition of lands by purchase
accordingly.
IT IS FURTHER RESOLVED , that the Town Board shall act as water
commissioner of the new Water District No . 3 with full authority pursuant to statute; and
IT IS FURTHER RESOLVED, the Town Supervisor is authorized to receive
the expected $500,000 New York State grant for this project ,.and disburse funds from
same for all lawful purposes as related to Ulysses Water District Nom h aandi that he
s set
further authorized to apply for a no interest loan to be duly bonded
forth in the Map, Plan and Report and secure same for the purposes of construction of
this district and give notice to the State Comptroller of cost.
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Town of Ulysses
11 02 L9
Regular Town Board Meeting
8/ 14/2001
Water District No . 3 is hereby adopted and approved by this resolution.
Mr. Austic aye
Mrs. Duddleston aye
Mr. Hillman aye
Ms. Poelvoorde aye
Mr. Weatherby aye
Adopted.
The Town Board noted for the record that forms with which to petition for referendum
will be available from the Town Clerk's Office.
Tompkins County Board of Representatives: Peter Penniman
Mr. Penniman reported that the County Board voted to hire a consultant to conduct a
Recreational Facilities study. Tompkins County will be putting $ 10,000 towards the costs
of the survey, The City of Ithaca will pay $ 15 ,000, and the Town of Ithaca will pay
$5 ,000. The goal of the survey is to come up with more efficient means of using Ithaca
recreational facilities and identify new resources. Mr. Penniman stated that the County's
involvement is appropriate in lieu of the fact that the Tompkins County Youth Bureau
makes use of the facilities in Ithaca for its countywide programs.
Mr. Penniman also reported that the County Board has hired a new Emergency
Communications Director, a position that is responsible for overseeing the public safety
communications project as well as the new E-911 Center. The position is a newly created
one.
Mr. Penniman briefly discussed the County-Town relationship issues in the area. Mr.
Penniman expressed his concern that the decision might be a narrowly-focused decision,
potentially applicable only to the specific case at hand, which might result in more debate
between Towns and the County in future situations.
Ms. Poelvoorde noted that she is displeased by what some representatives of the County
have had to say in local Newspaper editorials. Of particular concern, Ms. Poelvoorde
stated, was the fact that the attitudes expressed in some of the editorials are misleading
about the real issue; that local government groups should cooperate and communicate
with each other in conducting their respective projects. Ms. Poelvoorde also noted that
some of the articles indicate a severe lack of respect and esteem on the part of the County
towards the Towns that make it up .
Mr. Penniman agreed that there have been some exaggerations.
Mrs. Duddleston and Mr. Austic agreed with the sentiments expressed by Ms.
Poelvoorde.
Mr. Penniman reported that a County Board and Town Representatives committee has
started to meet to work towards better communication between Tompkins County and the
local Towns. Mr. Penniman stated that one of the main needs the committee has noted is
the need for County and municipal representatives to meet more regularly. Mr. Penniman
did not have a date, but believes the next meeting will take place in late September in
order to allow County and Town representatives to discuss the Tompkins County budget.
Mr. Penniman concluded by noting that a Municipal Wireless Planning Workshop was
recently held. Though it is a complicated subject, Mr. Penniman stated there is a 3-hour
video on this matter available.
TOWN REPORTS: Highway Superintendent: Jim Meeker
Mr. Meeker reported that the Highway Department has: worked on mowing, installed a
road-crossing pipe on Willow Creek Road, removed stumps on Mayo Road and
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Town of Ulysses 12
Regular Town Board Meeting
8/ 14/2001
Pennsylvania Avenue with the Town of Ithaca excavator, helped the Town of Enfield and
helped out with some work at the Trumansburg Fairgrounds.
Mr. Meeker reported that the parking lot in the rear of the Town Hall would be sealed in
the coming week at an estimated cost of $950. The lot is 8 ,700 square feet. Mr. Meeker
noted that the Town should print fliers to inform the owners of cars parked in the lot on
the days before the sealing that the lot will be closed for use while this is done. Mr.
Austic asked Mr. Meeker if he would set up some barricades across the lot, Mr. Meeker
stated he will.
Mr. Meeker also reported on some needed repairs for the Town's 1989 Mac truck.
Repairs to the truck's saltbox will total approximately $ 1 ,980 ; other repairs to the truck
will total approximately $950, for a total estimated cost of $3 ,480.
Mr. Austic noted that he has seen the truck and, other than the noted repairs, which are
indeed needed, the truck is in good shape and it would be worth putting money into . Mr.
Austic stated that, since the money is already in the Highway Machinery Repairs account,
Mr. Meeker might feel free to have the repairs done according to his own discretion.
APPROVAL OF MINUTES : Regular Town Board Meeting of 7/10/2001 ,
Taughannock Farms Inn Re-Zoning Public Hearing of 7/24/2001 and Water District
No 3 Public Hearing of 7/31 /2001
After noting corrections for all, Ms. Poelvoorde moved, seconded by Mrs. Duddleston to
approve the minutes of the Regular Town Board Meeting of July 10, 2001 , the
Taughannock Farms Inn Re-Zoning Public Hearing of July 24, 2001 and the Water
District No 3 Public Hearing of July 31 , 2001 as corrected.
Mr. Austic aye
Mrs. Duddleston aye
Mr. Hillman aye
Ms. Poelvoorde aye
Mr. Weatherby aye
Adopted.
MONTHLY CLAIMS
Mr. Weatherby moved, seconded by Mrs. Duddleston to approve monthly vouchers
numbers 295- 334, totaling $39, 864 . 51 .
Mr. Austic aye
Mrs. Duddleston aye
Mr. Hillman aye
Ms. Poelvoorde aye
Mr. Weatherby aye
Adopted.
TOWN REPORTS : Code Enforcement Officer: Alex Rachun
Mr. Rachun's report is on file.
TOWN REPORTS : Town Clerk: Marsha Georgia
Mrs. Georgia reported that 2001 -2002 conservation licenses went on sale on Monday,
August 13 and that she and her deputy have begun work on the two Local Government
Records Management Improvement Fund grants the Town received.
Total fees collected by the Town Clerk in the month totaled $ 1 , 168, of this, $659 was
turned over to Supervisor Austic.
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Town of Ulysses 13
Regular Town Board Meeting
8/ 14/2001
Board Members and Committees
Mr. Hillman reported that the Youth survey results from 2000 have been analyzed and
put into pamphlet form.
Mrs. Duddleston reported that she has not heard much from the Trumansburg Fire
Department about the ambulance project.
Supervisor: Doug Austic
There were no questions about the Supervisor's Financial Report.
OLD BUSINESS
Rabbit Run and Latter Day Saint Church Water Request
Mr. Austic announced that the Village of Trumansburg Board of Trustees has agreed to
supply water to the Latter Day Saints' church and Rabbit Run Road, with the stipulation
that the water lines be 6" in diameter. Mr. Austic spoke with the church and they have no
problem with 6" lines. The Town will get estimates from the engineer for the line to the
Church. Mr. Austic will than have our attorney write a contract with the Church for
reimbursement of engineer costs and formation of the district.
Mr. Austic noted that the Rabbit Run Water District will be slightly more complex. His
thoughts would be to have the residents who wish the district to file a petition go through
Article 12 of New York State Town Law and an agreement between the Town and this
district.
The Village also agreed to supply water and sewer to Fred Vanderzee who had previously
asked for annexation. It would make sense if the district for Mr. Vanderzee be included
with Rabbit Run Road.
Water District #3
All Water District No 3 business was addressed at the start of the meeting.
NEW BUSINESS
Appropriation for Archaeological Study
Ms. Poelvoorde moved, seconded by Mrs. Duddleston, the following:
WHEREAS, Phase 1A of the Cultural Resources Survey was completed for Water
District No. 3, and
WHEREAS, Barton & Loguidice, P. C. , together with the Archaeologist have determined
that Phase IB will be necessary,
BE IT HEREBY RESOLVED, that the Town Board of the Town of Ulysses authorizes
Barton & Loguidice, P.C. to proceed with Phase IB of the Cultural Resources Survey for
Water District No. 3 at a price not to exceed $20,000.
Mr. Austic aye
Mrs. Duddleston aye
Mr. Hillman aye
Ms. Poelvoorde aye
Mr. Weatherby aye
Adopted.
Other: Town 's Share of Ambulance Costs, Iradell Road Re-Numbering Project
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Town of Ulysses 14
Regular Town Board Meeting
8/ 14/2001
Ambulance
Supervisor Austic announced that the Town is due to pay the Trumansburg Fire
Department 5/12's of the amount annually due, to cover the final5 months of 2001 . The
total for these 5 months is $ 17,063 . 75 . What this covers is a full-time person managing
the ambulance service and the hiring of EMTs and drivers. There will be two permanent
full-time people during the day for faster ambulance service.
Mrs. Duddleston moved, seconded by Mr. Weatherby the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the
expenditure of $ 17, 063 . 75, payable to the Village of Trumansburg, for ambulance
services from August of 2001 through December 31s1, 2001 .
Mr. Austic aye
Mrs. Duddleston aye
Mr. Hillman aye
Ms. Poelvoorde aye
Mr. Weatherby aye
Adopted.
Mr. Austic noted that the meeting for next year's fire budget would take place at 7:00 PM
on September 17th. Mr. Austic strongly urges the Board to pay close attention to this
budget .
Iradell Road Re-Numbering
Mrs. Georgia stated that she received a call from the office of the Board of
Representatives that Mr. Penniman would like to set up a meeting to discuss the Iradell
Road numbering. The meeting would include Jack Miller of the. Fire, Disaster and EMS
Office, Greg Stevenson representative from the Town of Enfield, Andrew Frost,
Planning/Zoning of the Town of Ithaca, himself and whom ever from the Town of
Ulysses. It is tentatively set for September 12th, 2001 from 9 AM till 11AM here at the
Town of Ulysses. Mrs. Georgia stated that she certainly has no problem getting together
to discuss this but she would like to do a poll of the residents on Iradell Road on their
feelings. Ms. Poelvoorde stated that she would suggest that a 1!etter be sent stating that
there is a suggestion to change the numbering on the road to either a three or four digit
number that would impact the Towns of Ithaca, Enfield and Ulysses and get their input.
PUBLIC COMMENTS
No public comments were heard.
CORRESPONDENCE,
No correspondence was discussed.
ADJOURNMENT
Hearing no further business, Mr. Hillman moved, seconded by Mr. Weatherby to adjourn
the meeting.
Mr. Austic aye
Mrs. Duddleston aye
Mr. Hillman aye
Ms. Poelvoorde aye
Mr. Weatherby aye
Adopted.
The meeting adjourned at 9: 55 PM.
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