At a meeting of the St. Lawrence County Industrial Development Agency Civic
Development Corporation (the "Issuer"), was convened in public session on April 28, 2011 in
Canton, New York, the following members of the Issuer were:
Blevins, Lynn
Hall, Mark C.
LaBaff, Ernest
McMahon, Andrew J.
Peck, Donald
Staples, Brian W.
Weekes, Jr., R. Joseph
X
X
X
X
X
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X
The following persons were ALSO PRESENT: Raymond Fountain, Kimberly Gilbert,
Patrick Kelly, Rich Williams, Natalie Sweatland. Edmund J. Russell, III, Esq., Agency Counsel.
The following resolution was offered by Mr. LaBaff and seconded by Mssrs. Blevins and
Peck:
DETERMINING THAT ACTION TO UNDERTAKE THE ISSUANCE OF
BONDS IN CONNECTION WITH A CERTAIN PROJECT FOR
CLARKSON UNIVERSITY WILL NOT HAVE A SIGNIFICANT EFFECT
ON THE ENVIRONMENT
CDC-11-04-07
April 28, 2011
WHEREAS, Clarkson University (hereinafter referred to as the "University") has presented an application (the "Application") to the St. Lawrence County Industrial Development
Agency Civic Development Corporation (the "Issuer") requesting that the Issuer consider an undertaking: (i) to issue its revenue bonds in one or more issues or series in an aggregate amount sufficient to finance all or a portion of the cost of the project described in the following paragraph (the "Project"), and (ii) to loan the proceeds of the Issuer's bonds to the University to pay costs of the Project, all pursuant to Section 1411 of the Not-for-Profit Corporation Law of the State of New York, as amended (the "Act") and the Issuer's certificate of incorporation; and
WHEREAS, the Project consists of: (i) certain repair, replacement, renovation and maintenance projects, all of which are also routine activities of an educational institution such as the University as described on Exhibit A to this resolution (the "Type II Projects"), (ii) the design and construction of storm water detention basins on the University's Hill Campus (the
"Stormwater Basins"), (iii) the renovation and reconstruction of the approximately 21,908 square foot Moore House located on the University’s Hill Campus and the construction of an approximately 32,100 square foot addition thereto (“Moore House”), and (iv) the completion of the NAB Lab adjacent to the CAMP-Rowley Building located on the Hill Campus including construction of an approximately 11,450 square foot addition thereto (“NAB Lab,” and together with the Stormwater Basins and Moore House, the “Unlisted Projects”); and
WHEREAS, pursuant to Article 8 of the Environmental Conservation Law, Chapter 43-B of the Consolidated Laws of New York, as amended (the "SEQR Act") and the regulations adopted pursuant thereto by the Department of Environmental Conservation of the State of New
York, being 6 NYCRR Part 617, as amended (the "Regulations"), the Issuer desires to comply with the SEQR Act and the Regulations with respect to each element of the Project and to determine whether the acquisition, construction and equipping of the elements of the Project may have a "significant effect on the environment" (as that term is defined in the SEQR Act and the
Regulations) and therefore require the preparation of an environmental impact statement; and
WHEREAS, Type II actions are those actions or classes of actions which have been found not to have a significant effect on the environment, and, therefore, will not require preparation of an environmental impact statement and thus require no further processing under the SEQR Act; and
WHEREAS, to aid the Issuer in determining whether the Unlisted Projects may have a significant effect upon the environment, the University has prepared and submitted to the Issuer short environmental assessment forms ("EAFs") for the Unlisted Projects, copies of which were presented to and reviewed by the Issuer at this meeting and copies of which are on file at the office of the Issuer; and
WHEREAS, the Issuer has considered the potential environmental effects of all of the elements of the Project using the criteria specified in Section 617.11 of the Regulations; and
WHEREAS, pursuant to the Regulations, the Issuer has examined the EAFs in order to make a determination as to the potential environmental significance of the Unlisted Projects; and
WHEREAS, on August 6, 2008 and April 7, 2011, the Village of Potsdam Planning
Board determined that the NAB Lab and Moore House projects respectively will not result in any significant adverse environmental impacts; and
WHEREAS, no other "involved agencies" (as that term is defined in the Regulations) are involved with respect to the Stormwater Basins; and
WHEREAS, the Unlisted Projects constitute "Unlisted Actions" (as defined in the
Regulations);
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE ST.
LAWRENCE COUNTY INDUSTRIAL DEVELOPMENT AGENCY CIVIC DEVELOPMENT
CORPORATION AS FOLLOWS:
1. Each of the Type II Projects (described in Exhibit A ) constitutes a "Type II
Action" (as defined in the Regulations) and no further action under the SEQR Act and the
Regulations is required.
2. Based on an examination of the EAFs and based further upon the Issuer's knowledge of the area surrounding the Unlisted Projects and such further investigation of the
Unlisted Projects and the environmental effects as the Issuer has deemed appropriate, the Issuer makes the following findings and determinations with respect to the Unlisted Projects:
(A) The Unlisted Projects constitute "Unlisted Actions" (as defined in the
Regulations);
(B) No potentially significant impacts on the environment are noted in the
EAFs for the Unlisted Projects, and none are known to the Issuer;
(C) The Unlisted Projects will not result in (i) substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; a substantial increase in solid waste production; or a substantial increase in potential for erosion, flooding, leaching or drainage problems; or (ii) the removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of a resident or migratory fish or wildlife species; impacts on a significant habitat area; substantial adverse impacts on threatened or endangered species of animal or plant, or the habitat of such species; or other significant adverse impacts to natural resources;
(D) The Unlisted Projects will not affect a critical environmental area as designated pursuant to 6 NYCRR 617.14(g);
(E) The Unlisted Projects will not conflict with the community's current plans or goals as officially approved or adopted;
(F) The Unlisted Projects will not result in the impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character;
(G) The Unlisted Projects will not result in a major change in the use of either the quantity or type of energy; health;
(H) The Unlisted Projects will not result in the creation of a hazard to human
(I) The Unlisted Projects will not result in a substantial change in the use, or intensity of use, of land including architectural, open space or recreational resources, or in its capacity to support existing uses;
(J) The Unlisted Projects will not result in encouraging or attracting of a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action;
(K) The Unlisted Projects will not result in the creation of a material demand for other actions that would result in one or more of the above consequences;
(L) The Unlisted Projects will not result in changes in two or more elements of the environment, no one of which has a significant impact on the environment, but when considered together result in a substantial adverse impact on the environment;
(M) The Unlisted Projects will not result in two or more related actions undertaken, funded or approved by an Issuer, none of which has or would have a
significant impact on the environment, but when considered cumulatively would meet one or more of the criteria in 6 NYCRR Section 617.7(c); and
(N) The Issuer has determined that the Unlisted Projects will not have a significant impact on the environment and the Issuer will not require the preparation of an environmental impact statement with respect to the Unlisted Projects. As a result, the
Issuer has prepared a negative declaration with respect to the Unlisted Projects.
3. The Chief Executive Officer of the Issuer is hereby directed to file and circulate the negative declaration with respect to the Unlisted Projects (said negative declaration to be substantially in the form and substantially to the effect of the negative declaration attached hereto as Exhibit B ).
(A) Copies of said negative declaration for the Unlisted Projects shall be mailed simultaneously to:
Mayor, Village of Potsdam
Civic Center
Park Street
Potsdam, New York 13676
(B) Copies of said negative declarations, together with the EAFs, shall be maintained in the main office of the Issuer in a file that will be readily available to the public.
4. This resolution shall take effect immediately.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:
Blevins, Lynn
Hall, Mark C.
LaBaff, Ernest
McMahon, Andrew J.
Peck, Donald
Staples, Brian W.
Weekes, Jr., R. Joseph
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X
X
X
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X
The foregoing resolution was thereupon declared duly adopted.
STATE OF NEW YORK )
) SS.:
COUNTY OF ST. LAWRENCE )
I, the undersigned Secretary of the St. Lawrence County Industrial Development
Agency Civic Development Corporation (the "Issuer"), DO HEREBY CERTIFY that I have compared the foregoing copy of the minutes of the meeting of the Issuer, including the resolution contained therein, held on April 28, 2011 with the original thereof on file in my office, and that the same is a true and correct copy of said original and of the whole of said original so far as the same relates to the subject matters therein referred to.
I FURTHER CERTIFY that (i) all members of the Issuer had due notice of said meeting, (ii) said meeting was in all respects duly held, (iii) pursuant to Article 7 of the Public
Officers Law (the Open Meetings Law"), said meeting was open to the general public, and due notice of the time and place of said meeting was duly given in accordance with such Open
Meetings Law and (iv) there was a quorum of the members of the Issuer present throughout said meeting.
I FURTHER CERTIFY that as of the date hereof the attached resolution is in full force and effect and has not been amended, repealed or rescinded.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Issuer this 28th day of April, 2011.
(Mr.) Lynn Blevins, Secretary
[SEAL]
I.
EXHIBIT A – TYPE II PROJECTS
DESCRIPTION OF SEQRA TYPE II ACTIONS BEING UNDERTAKEN BY
CLARKSON UNIVERSITY
Description of Type II Projects
A. Infrastructure Improvements (Hill Campus)
Construction and installation of infrastructure improvements on the University’s Hill
Campus to support residential facilities such as utilities, including water, electrical, cable, sewer and gas.
B. Woodstock Village (Hill Campus)
Renovation and reconstruction of 10 units located in Woodstock Village located on the
University's Hill Campus.
II. SEQRA Classification
Type II actions are those actions or classes of actions which have been found not to have a significant effect on the environment, and, therefore, will not require preparation of an
Environmental Impact Statement (EIS). Thus, any action or class of action listed as a Type II action under the New York State Department of Environmental Conservation’s SEQRA regulations (6 NYCRR § 617.5) is not environmentally significant and requires no further processing under SEQRA. See also 6 NYCRR § 617.3(f) ("No SEQR determination of significance, EIS or findings statement is required for actions which are Type II.")
If the action is a Type II action, the Issuer has no further responsibilities under Part 617.
The projects listed above clearly fall within several Type II classifications specified under 6
NYCRR § 617.5(c), including:
(1) maintenance or repair involving no substantial changes in an existing structure or facility;
(2) replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building or fire codes, unless such action meets or exceeds any of the thresholds in Section 617.4 of this Part;
(8) routine activities of educational institutions, including expansion of existing facilities by less than 10,000 square feet of gross floor area and school closings, but not changes in use related to such closings;
(11) extension of utility distribution facilities, including gas, electric, telephone, cable, water and sewer connections to render service in approved subdivisions or in connection with other Type II actions; and
(25) purchase or sale of furnishings, equipment or supplies, including surplus government property, other than the following: land, radioactive material, pesticides, herbicides or other hazardous materials.
EXHIBIT B – NEGATIVE DECLARATION
12/12/79 (3/99)-9c SEQR
State Environmental Quality Review
NEGATIVE DECLARATION
Notice of Determination of Non-Significance
Project Number Date:
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State
Environmental Quality Review Act) of the Environmental Conversation Law.
The , as lead agency, has determined that the proposed action described below will not have a significant environmental impact and a Draft Environmental Impact Statement will not be prepared.
Name of Action:
SEQR Status:
Type 1
Unlisted X
Conditioned Negative Declaration:
Yes x
No
Description of Action:
Location:
Renovation and construction of the approximately 21,908 square foot Moore
House located on Clarkson University’s Hill Campus and the construction of an approximately 32,100 square foot addition thereto, the completion of the NAB
Lab adjacent to the CAMP-Rowley Building located on the Hill Campus including construction of an approximately 11,450 square foot addition thereto and the construction of stormwater basins on the Hill Campus (collectively, the
“Project”).
(Include street address and the name of the municipality/county. A location map of appropriate scale is also recommended.)
Clarkson University Hill Campus located south of Maple Street between the Clarkson
Entrance Road and the Racquette River in the Village of Potsdam, St. Lawrence County,
New York.
SEQR Negative Declaration
Reasons Supporting This Determination:
Page 2 of 10
(See 617.7(a)-(c) for requirements of this determination; see 617.7(d) for Conditioned Negative Declaration)
Based upon an examination of the Short Environmental Assessment Form and other available supporting information, and considering both the magnitude and importance of each relevant area of environmental concern, and based further upon the Commission’s knowledge of the area surrounding the Project and after due deliberation, review and analysis of the Project, the Environmental Assessment Form, supporting information and the criteria set forth in 6 NYCRR §
617.7(c), the St. Lawrence County Industrial Development Agency Civic Development Corporation, as the lead agency for the Project, hereby determines that the Project will not result in significant adverse impacts to the environment and a draft environmental impact statement will not be prepared. This determination is supported by the following:
1) The Project will not result in a substantial adverse change in existing air quality, traffic or noise levels; or in a substantial increase in solid waste production.
2) The Project does not involve any disturbance of the existing site located in an urbanized area that has been previously disturbed. Thus, the action does not involve the removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant habitat area; substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to natural resources.
3) The Project area is not located within a Critical Environmental Area (“CEA”) and, therefore, the environmental characteristics of a CEA will not be impaired.
4) There is no proposed change in the use of the property and, so, there will not be a material conflict with a community’s current plans or goals as officially approved or adopted.
SEQR Negative Declaration
Reasons Supporting This Determination (cont’d):
5) The Project will not result in a major change in the use of either the quantity or type of energy.
Page 3 of 10
6) The Project will not result in a hazard to human health.
7) The Project will not substantially change the use, or intensity of use, of land including agricultural, open space or recreational resources, or its capacity to support existing uses.
8) The Project will not encourage or attract a large number of people to the site for more than a few days, compared to the number of people who would come to the site absent the Project.
9) The Project will not create a material demand for other actions that would exceed the criteria set forth in 6 NYCRR
§ 617.7(c).
10) Implementation of the Project will not result in changes in two or more elements of the environment, no one of which has a significant impact on the environment, but when considered together result in a significant adverse impact on the environment.
11) Implementation of the Project will not result in cumulative impacts that would exceed any of the criteria set forth in 6 NYCRR § 617.7(c).
12) There are no other potential adverse impacts associated with the proposed action.
If Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposed, and identify comment period (not less than 30 days from date of publication in the ENB)
For Further Information:
Contact Person:
Address:
Chief Executive Officer
80 State Highway 310, Suite 6
Canton, New York 13617
315-379-9806 Telephone Number:
SEQR Negative Declaration
For Type 1 Actions and Conditioned Negative Declarations, a Copy of this Notice is sent to:
Page 4 of
Environmental Notice Bulletin, Room 538, 50 Wolf Road, Albany, NY 12233-1750 (Type 1 Action only)
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