204.2018 Authorizing Execution of DEC Consent Order Regarding Treatment of Hovey Pond RESOLUTION AUTHORIZING EXECUTION OF DEPARTMENT OF
ENVIRONMENTAL CONSERVATION CONSENT ORDER REGARDING
TREATMENT OF HOVEY POND
RESOLUTION NO.: 204,2018
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, by Resolution No.: 100,2016, the Queensbury Town Board authorized
engagement of Solitude Lake Management (Solitude) for an Aquatic Vegetation Management
Program for Hovey Pond to be phased in over five years, such Program providing for herbicide
treatment for control of nuisance aquatic vegetation, including Solitude's administration of Aquathol-
Super K treatment, Copper Sulfate and Rodeo, mechanical removal and disposal of emergent
plants, and DEC permitting fees, and
WHEREAS, DEC issued a DEC Freshwater Westland and Aquatic Pesticide Permits to the
Town authorizing the treatment of Hovey Pond with certain pesticides administered by Solitude, and
WHEREAS, DEC inspected Hovey Pond after treatment and identified two minor permit
violations, and
WHEREAS, Solitude admitted the violations and addressed them in a manner satisfactory to
DEC, and
WHEREAS, Town Counsel has successfully negotiated provisions of a Consent Order to
resolve this matter to include "non-admission" terms and payment of the $1500 fine solely to DEC
by Solitude, and
WHEREAS, the Town wishes to authorize entering into the Consent Order,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes a Consent
Order concerning Solitude Lake Management's Aquatic Vegetation Management Program for Hovey
Pond upon acknowledgment that Solitude has admitted the violations and is paying the fine, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to sign the
Consent Order substantially in the form presented at this meeting and any other necessary
documentation needed to resolve this matter, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Director of Parks and Recreation, Budget Officer and/or Town Counsel to take such other and further
action as may be necessary to effectuate the terms of this Resolution.
Duly adopted this 21St day of May, 2018,by the following vote:
AYES Mr. Ferone, Mr. Strough, Mr. Metivier
NOES None
ABSENT: Mrs. Atherden, Mrs. Switzer