305.2011 Final Order Glen Lake Aquatic Plant G
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
th
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
nd
WHEREAS, a public hearing on the proposed District was duly held on August 22, 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
nd
WHEREAS, on August 22, 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 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
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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
adoption of this Order.
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rd
Duly adopted this 3 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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