2.1 2.1
Lake Sunnyside Aquatic Plant Growth Control District Final Order—9-24-12
FINAL ORDER APPROVING ESTABLISHMENT OF
LAKE SUNNYSIDE AQUATIC PLANT GROWTH CONTROL DISTRICT
RESOLUTION NO.: ,2012
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Town Board (the "Board") considered 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 (a) the boundaries of the proposed
District, (b) the proposed aquatic plant control plan, capital improvements 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 6t', 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 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 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 2e,2012 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 20th, 2012 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,
2
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
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 pursuant to Town
Law Section 209-f, and
WHEREAS, the Town Board wishes to adopt a Final Order creating the District,
NOW,THEREFORE,IT IS HEREBY
ORDERED, that the Lake Sunnyside Aquatic Plant Growth Control District is hereby
authorized, approved and established and the capital improvements may be constructed and the
services may be provided, all in accordance with the boundaries, descriptions and benefit assessment
formula set forth in the Map, Plan and Report, upon the required funds being made available or
provided for, and
BE IT FURTHER,
ORDERED, that it is hereby reaffirmed that the intent of the Town Board in adopting the
initial benefit assessment formula set forth in the Map, Plan and Report is that any parcel of land that
may be within the District but which has neither lake frontage nor lake access will not be assessed any
3
benefit units or any benefit tax costs, 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.
Duly adopted this 24th day of September,2012,by the following vote:
AYES
NOES
ABSENT:
4