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3.15 3.15 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 2 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 3 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 4