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RESOLUTIONS\Glen Lake—Aquatic Plant Growth—Call Upon State Legis to Enact Legis to Remove Parcels—9-11-17
RESOLUTION CALLING UPON THE STATE LEGISLATURE TO
ENACT LEGISLATION AUTHORIZING THE TOWN OF QUEENSBURY
TO DIMINISH THE GLEN LAKE AQUATIC PLANT GROWTH
CONTROL DISTRICT IN THE TOWN OF QUEENSBURY BY
REMOVING CERTAIN PARCELS PURSUANT TO TOWN LAW §202-c
RESOLUTION NO. ,2016
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, on October 3, 2011, the Queensbury Town Board duly adopted Final Order
No.: 305,2011 establishing the Glen Lake Aquatic Plant Growth Control District (the "District")
in the Town of Queensbury, County of Warren and State of New York; said District being
established in accordance with Article 12-A of Town Law, and
WHEREAS, in accordance with such Order, the Town Clerk made arrangements to
record a certified copy of such Order in the Warren County Clerk's Office and duly filed a
certified copy of such Order with the State Department of Audit and Control, and
WHEREAS, in accordance with the Map, Plan and Report of the Glen Lake Aquatic
Plant Growth Control District it was the intention to only include lakefront and non-lakefront
lake access parcels that will benefit from improved water quality of the lake and management of
invasive species in Glen Lake, and
WHEREAS, the Glen Lake Advisory Board has requested that the Town Board diminish
the boundaries of the Glen Lake Aquatic Plant Growth Control District in order to remove
certain parcels that do not have access to the lake and that, therefore, do not benefit from the
improved water quality of the lake management of invasive species, and
WHEREAS, the Town has reviewed Town Law §202-c and, more specifically §202-c(2),
regarding the "[d]issolution and diminishing area of certain districts" and has determined that in
order to diminish the Glen Lake Aquatic Plant Growth Control District by removing certain
parcels, the Town must seek special legislation in order to do so since the Town, on its own
motion, does not possess the legal authority to do so, and
WHEREAS, the owners of the following parcels of real property included in the Glen
Lake Aquatic Plant Growth Control District are not benefited by easements or rights of way to
the shores of Glen Lake and thus are not impacted by milfoil and other non-native, invasive
aquatic plant species in Glen Lake do not benefit from the improved water quality of the lake
management of invasive species:
Parcel 1: 31 Glen Lake Rd, Town of Queensbury, County of Warren, State of New
York
Tax Map Parcel No.: 289.6-1-17.2
More particularly described in a deed from Mary L. Sicard and Linda L. Sicard to Mary
L. Sicard dated Februa7T 26, 2015 and recorded in the Warren County C'lerk's Of frce on
Februa7T 27, 2015 in Book 5119 of'deeds at Page 77.
Special District Tax Paid 2017 (est.): $130.00
Parcel 2: Glen Lake Rd, Town of Queensbury, County of Warren, State of New York
Tax Map Parcel No.: 289.6-1-17.3
More particularly described in a deed from Charles O. Sicard to Charles O. Sicard and
Maly Sicard dated September 28, 1990 and recorded in the Warren Countv Clerk's
Of frce on October 18, 1990 in Book 806 of Deeds at Page 189.
Special District Tax Paid 2017 (est.): $130.00
Parcel 3: Nacy Rd, Town of Queensbury, County of Warren, State of New York
Tax Map Parcel No.: 289.6-1-17.4
More particularly described in a deed from Charles O. Sicard to Charles O. Sicard and
Maiy Sicard dated September 28, 1990 and recorded in the Warren Countv C'lerk's
Office on October 18, 1990 in Book 806 of Deeds at Page 189.
Special District Tax Paid 2017 (est.): $130.00
Parcel 4: 30 Louise Ln, Town of Queensbury, County of Warren, State of New York
Tax Map Parcel No.: 289.6-1-36
More particularly described in a deed from Charles O. Sicard to Charles L. Sicard dated
December 21, 1993 and recorded in the Warren Countv Clerk's Office on January 04,
1994 in Book 904 of Deeds at Page 309.
Special District Tax Paid 2017 (est.): $130.00
Parcel 5: Island in Glen Lake Lk, Town of Queensbury, County of Warren, State of
New York
Tax Map Parcel No.: 289.17-1-19
More particularly described in a deed froin Capt. Michael E Miller to Kathleen A.
Gowen dated Mav 15, 2012 and recorded in the Warren Countv Clerk's Office on Janie 8,
2012 in Book 4506 of Deeds at Page 316.
Special District Tax Paid 2017 (est.): $130.00
and
WHEREAS, it is the understanding of the Town that it does not have the authority to
remove Parcel 1, Parcel 2, Parcel 3, Parcel 4 or Parcel 5, as described herein, from the Glen Lake
Aquatic Plant Growth Control District pursuant to Article 12-A of the Town Law, without
special legislation from the State, and
WHEREAS, there is no indebtedness, outstanding or unpaid, affecting the Glen Lake
Aquatic Plant Growth Control District,
NOW, THEREFORE, BE IT
RESOLVED, THAT:
Section 1. The Town hereby requests the State Legislature of the State of New York to
enact a statutory provision authorizing the Town of Queensbury to remove Parcel 1, Parcel 2,
Parcel 3, Parcel 4, and Parcel 5, as more specifically described herein, from the Glen Lake
Aquatic Plant Growth Control District since the parcels of real property are not benefitted from
the inclusion in the District and are not under or bordered by Glen Lake or benefited by
easements or rights of way to the shores of Glen Lake in the Town of Queensbury, and thus are
not impacted by milfoil and other non-native, invasive aquatic plant species in Glen Lake and,
therefore, do not benefit from the improved water quality of the lake management of invasive
species.
Section 2. The Town hereby calls upon the Governor of the State of New York, New
York Senate Majority Leader John J. Flanagan and New York State Assembly Speaker Carl
Heastie and the members of the State Senate and State Assembly to take all necessary actions to
adopt the foregoing.
Section 3. The Town Board hereby authorizes the Town Clerk to deliver a certified copy
of this Resolution to any and all necessary persons in the New York State Senate and New York
State Assembly.
Section 4. This Resolution shall take effect immediately.
Duly adopted this 11th day of September, 2017, by the following vote:
AYES
NOES
ABSENT:
FINAL ORDER APPROVING ESTABLISHMENT OF
GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT
RESOLUTION NO.: 305,2011
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.John Strough
WHEREAS, the Queensbury Town Board (the "Board") considered forming the Glen
Lake Aquatic Plant Growth Control District (the "District") in accordance with New York Town
Law Article 12-A for the purpose of controlling milfoil and other non-native, invasive aquatic
plant species in Glen Lake, and
WHEREAS, a Map, Plan and Report (the "Map, Plan and Report") concerning the
proposed District was prepared by VISION Engineering, LLC, filed in the Queensbury Town
Clerk's Office and made available for public inspection, and
WHEREAS, the Map, Plan and Report describes (a) the boundaries of the proposed
District, (b) the proposed aquatic plant control plan and method of operation, (c) the maximum
amount proposed to be expended for the plan, (d) the cost of the proposed District to the typical
property and, if different, the typical one or two family home, and (e) the proposed method of
financing to be employed, if any, and
WHEREAS, the estimated annual cost to the "typical property" was filed with the Town
Clerk as a part of the Map,Plan and Report,and
WHEREAS, on August 8th, 2011 subsequent to the filing of the Map, Plan and Report with
the Town Clerk, the Town Board adopted an Order (the "Public Hearing Order") reciting (a) the
boundaries of the proposed District; (b) the proposed services and the proposed method of
operation; (c) the maximum amount proposed to be expended for the services; (d) the cost of the
District to the typical property and the typical one or two family home (if not the typical property);
(e) that no capital improvements are anticipated for the District and,therefore, no financing will be
employed; (f) the fact that a Map, Plan and Report describing the proposed District and services is
on file in the Town Clerk's Office; and (g) the time and place of a public hearing on the proposed
District, and
WHEREAS, copies of the Public Hearing Order were duly published and posted and were
filed with the Office of the State Comptroller,all as required by law, and
WHEREAS,prior to publication of the Public Hearing Order, a detailed explanation of how
the estimated cost of the District to the typical property and typical one or two family home (if not
the typical property)were computed was filed with the Town Clerk for public inspection,and
WHEREAS, a public hearing on the proposed District was duly held on August 22n1, 2011
and the Town Board has considered the evidence given thereat together with other information,and
WHEREAS, establishment of the proposed District was determined to be an Unlisted
Action under the State Environmental Quality Review Act (SEQRA), a SEQRA Short
Environmental Assessment Form (EAF) was prepared for the proposed District, the Town Board
determined to conduct uncoordinated SEQRA review and determined that establishment of the
District and providing of the services described in the Map, Plan and Report will not have a
significant adverse impact on the environment and authorized the filing of the completed EAF as a
SEQRA Negative Declaration - Notice of Determination of Non-Significance with respect to the
action,and
WHEREAS, on August 22nd, 2011 the Town Board adopted a Resolution (the "Approval
Resolution") (1) determining that (a) the Notice of Public Hearing was published and posted as
required by law and is otherwise sufficient; (b) all of the property and property owners within the
District are benefited thereby; (c) all of the property and property owners benefited are included
within the limits of the District; (d) it is in the public interest to establish the District as described in
the Map, Plan and Report and (2) approving the establishment of the District and the providing of
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the services in accordance with the boundaries and descriptions set forth in the Map, Plan and
Report, subject to the following: (a) the obtaining of any necessary permits or approvals from the
New York State Department of Health and the New York State Department of Environmental
Conservation; (b) the obtaining of any required approval(s) of the New York State Comptroller's
Office; (c) permissive referendum in the manner provided in New York State Town Law Article 7;
and (d)the adoption of a Final Order by the Queensbury Town Board,and
WHEREAS, the Town Clerk duly posted and published the notice required for
resolutions subject to permissive referendum and no such petition was filed within 30 days after
the date of the Approval Resolution, and the Town Clerk has caused a Certificate to that effect to
be filed in the office of the County Clerk, and
WHEREAS, the permission of the State Comptroller is not required in accordance with
Town Law §209-f, and
WHEREAS,the Town Board wishes to adopt a Final Order creating the District,
NOW, THEREFORE,IT IS HEREBY
ORDERED,that the Glen Lake Aquatic Plant Growth Control District is hereby authorized,
approved and established and the services may be provided, all in accordance with the boundaries
and descriptions set forth in the Map, Plan and Report, upon the required funds being made
available or provided for,and
BE IT FURTHER,
ORDERED, that the Town Clerk shall make arrangements to record a certified copy of this
Order in the Warren County Clerk's Office and send a certified copy of this Order to the State
Department of Audit and Control at Albany,New York, the Town of Queensbury Assessor's Office
and the Town of Queensbury Community Development Department, within 10 days of the date of
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adoption of this Order.
Duly adopted this 3`d day of October, 2011, by the following vote:
AYES: Mr. Metivier, Mr. Montesi,Mr. Strough,Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
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