237.2012 Approve Lake Sunnyside Aquatic District RESOLUTION APPROVING ESTABLISHMENT OF
LAKE SUNNYSIDE AQUATIC PLANT GROWTH CONTROL DISTRICT
RESOLUTION NO.237, 2012
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Queensbury Town Board (the "Town Board") is considering forming the
Lake Sunnyside 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 non-native,
invasive aquatic plant species in Lake Sunnyside, 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, capital improvements 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, 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
WHEREAS, on August 6r'', 2012 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, capital improvements and proposed
method of operation; (c) the maximum amount proposed to be expended for the services and capital
improvements; (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 the capital improvement costs will be distributed to each
property on a benefit basis and, therefore, no financing will be employed; (f) the fact that a Map, Plan
and Report describing the proposed District, services and capital improvements 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 Sewer District was duly held on August 2&,
2012 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 Lake Sunnyside Aquatic Plant Growth Control
District (the "District") and providing of the services described in the Map, Plan and Report will not
2
have a significant adverse impact on the environment, and the Town 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;
3
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 20th day of August, 2012,by the following vote:
AYES : Mr. Brewer,Mr. Stec,Mr. Metivier,Mr. Montesi, Mr. Strough
NOES : None
ABSENT: None
4