259.2011 Est. Glen Lake Aquatic Plant Dist.
RESOLUTION APPROVING ESTABLISHMENT OF
GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT
RESOLUTION NO.: 259, 2011
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, the Queensbury Town Board (the "Board") is considering forming the Glen
Lake Aquatic Plant Growth Control District (the "District") in accordance with Article 12-A of
New York Town Law for the purpose of controlling milfoil and other 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 the boundaries of the proposed District,
the proposed aquatic plant control plan and method of operation, the maximum amount proposed
to be expended for the plan, and the cost of the proposed District to the typical property and, if
different, the typical one or two family home, and the proposed method of financing to be
employed, if any, and
WHEREAS, there was extensive discussion during the public hearing by the public and
the Town Board, and
WHEREAS, the Town Board clearly stated that treatment methods can change depending
on circumstances, and
WHEREAS, after input from the Glen Lake Protective Association (GLPA) and the
public, the Town Board intends to only use herbicide in the initial years of operation and will
reevaluate based on the circumstances and input from property owners and the GLPA, and
WHEREAS, the Town Board currently intends to form a District Advisory Committee
composed of five (5) property owners and representatives from the GLPA, and
WHEREAS, the Town Board acknowledges that the use of aquatic herbicides have been
shown to provide effective control of aquatic invasives in Glen Lake, and
WHEREAS, the Town Board acknowledges that past experience in Glen Lake show that
portions of §3.2 of the Map, Plan and Report are subject to philosophical differences and appears
to be contrary to Glen Lake’s actions and experience, and
WHEREAS, the Town Board acknowledges that, in the past, Glen Lake has benefitted
from the expertise of qualified aquatic plant biologists and intends to continue to benefit from
their scientific knowledge in operating this District, and
WHEREAS, the GLPA recently obtained a full aquatic vegetation survey and will provide
it to the Town so that the Town can avoid this cost upon the formation of the District, and
WHEREAS, under current State Law, there is a process by which districts can be
amended or terminated so, should future conditions warrant it, the Town Board could use this
process to amend or terminate the District,
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 and the Town
Board determined to conduct uncoordinated SEQRA review of the proposed District
establishment; and
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WHEREAS, on August 8, 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
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WHEREAS, a public hearing on the proposed Sewer District was duly held on August 22,
2011 and the Town Board has considered the evidence given together with other information, and
WHEREAS, the Town Board has reviewed Part I of the EAF and completed Part II based on
the information included in the Map, Plan and Report and provided at the Public Hearing; and
WHEREAS, the Town Board wishes to establish the proposed District as detailed in the Map,
Plan and Report in accordance with Town Law Article 12-A,
NOW, THEREFORE, BE IT
RESOLVED, 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 the Town
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Board hereby authorizes the filing of the completed EAF as a SEQRA Negative Declaration - Notice
of Determination of Non-Significance with respect to the action, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby determines that:
1.Notice of Public Hearing was published and posted as required by law and is otherwise
sufficient;
2.All of the property and property owners within the District are benefited thereby;
3.All of the property and property owners benefited are included within the limits of the
District;
4.It is in the public interest to establish the District as described in the Map, Plan and
Report: and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves the establishment of the District in
accordance with the boundaries and descriptions set forth in the Map, Plan and Report, and the
services described in the Map, Plan and Report may be provided subject to the following:
1.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;
2.The obtaining of any required approval(s) of the New York State Comptroller’s Office;
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3.Permissive referendum in the manner provided in New York State Town Law Article
7; and
4.The adoption of a Final Order by the Queensbury Town Board; and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to permissive referendum in accordance with
the provisions of New York State Town Law Articles 7 and 12-A and the Town Board authorizes
and directs the Queensbury Town Clerk to file, post and publish such Notice of this Resolution as
may be required by law and to cause to be prepared and have available for distribution proper
forms for the Petition and to distribute a supply to any person requesting such Petition, and if no
such Petition is filed within 30 days after adoption of this Resolution to file a Certificate to that
effect in the Office of the County Clerk.
Duly adopted this 22nd day of August, 2011, by the following vote:
AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES: None
ABSENT: Mr. Brewer
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