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262.2017 Enact Legislation Glen Lake Aquatic Plant Growth Control District 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.: 262, 2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier 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, a certified copy of such Order has or will be recorded in the Warren County Clerk's Office and a certified copy of such Order has been filed 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 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 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 from Capt. Michael E Miller to Kathleen A. Gowen dated Mav 15, 2012 and recorded in the Warren Countv Clerk's Of frce on Jzme 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 Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: Mr. Irish