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305.2011 Final Order Glen Lake Aquatic Plant G 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 th WHEREAS, on August 8, 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 nd WHEREAS, a public hearing on the proposed District was duly held on August 22, 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 nd WHEREAS, on August 22, 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 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 2 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 adoption of this Order. 3 rd Duly adopted this 3 day of October, 2011, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None 4