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237.2012 Approve Lake Sunnyside Aquatic District RESOLUTION APPROVING ESTABLISHMENT OF LAKE SUNNYSIDE AQUATIC PLANT GROWTH CONTROL DISTRICT RESOLUTION NO.237, 2012 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board (the "Town Board") is considering 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 the boundaries of the proposed District, the proposed aquatic plant control plan, capital improvements and method of operation, the maximum amount proposed to be expended for the plan, and the cost of the proposed District to the typical property and, if different, the typical one or two family home, and the proposed method of financing to be employed,if any, 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 and the Town Board determined to conduct uncoordinated SEQRA review of the proposed District establishment, and WHEREAS, on August 6r'', 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 proposed 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, services and capital improvements 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 Sewer District was duly held on August 2&, 2012 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board has reviewed Part I of the EAF and completed Part II based on the information included in the Map, Plan and Report and provided at the Public Hearing, and WHEREAS, the Town Board wishes to establish the proposed District as detailed in the Map, Plan and Report in accordance with Town Law Article 12-A, NOW, THEREFORE, BE IT RESOLVED, that establishment of the Lake Sunnyside Aquatic Plant Growth Control District (the "District") and providing of the services described in the Map, Plan and Report will not 2 have a significant adverse impact on the environment, and the Town Board hereby authorizes the filing of the completed EAF as a SEQRA Negative Declaration - Notice of Determination of Non- Significance with respect to the action, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby determines that: 1. Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2. All of the property and property owners within the District are benefited thereby; 3. All of the property and property owners benefited are included within the limits of the District; 4. It is in the public interest to establish the District as described in the Map, Plan and Report: and BE IT FURTHER, RESOLVED, that the Town Board hereby approves the establishment of the District in accordance with the boundaries and descriptions set forth in the Map, Plan and Report, and the services described in the Map, Plan and Report may be provided subject to the following: 1. 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; 2. The obtaining of any required approval(s) of the New York State Comptroller's Office; 3 3. Permissive referendum in the manner provided in New York State Town Law Article 7; and 4. The adoption of a Final Order by the Queensbury Town Board; and BE IT FURTHER, RESOLVED, that this Resolution is subject to permissive referendum in accordance with the provisions of New York State Town Law Articles 7 and 12-A and the Town Board authorizes and directs the Queensbury Town Clerk to file, post and publish such Notice of this Resolution as may be required by law and to cause to be prepared and have available for distribution proper forms for the Petition and to distribute a supply to any person requesting such Petition, and if no such Petition is filed within 30 days after adoption of this Resolution to file a Certificate to that effect in the Office of the County Clerk. Duly adopted this 20th day of August, 2012,by the following vote: AYES : Mr. Brewer,Mr. Stec,Mr. Metivier,Mr. Montesi, Mr. Strough NOES : None ABSENT: None 4