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273.2012 final order Sunnyside aquat. FINAL ORDER APPROVING ESTABLISHMENT OF LAKE SUNNYSIDE AQUATIC PLANT GROWTH CONTROL DISTRICT RESOLUTION NO.: 273. 2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board (the "Board") considered 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 (a) the boundaries of the proposed District, (b) the proposed aquatic plant control plan, capital improvements 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 6h, 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 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 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 20th, 2012 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 20th, 2012 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 2 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 pursuant to Town Law Section 209-f, and WHEREAS,the Town Board wishes to adopt a Final Order creating the District, NOW,THEREFORE,IT IS HEREBY ORDERED, that the Lake Sunnyside Aquatic Plant Growth Control District is hereby authorized, approved and established and the capital improvements may be constructed and the services may be provided, all in accordance with the boundaries, descriptions and benefit assessment formula set forth in the Map, Plan and Report, upon the required funds being made available or provided for, and BE IT FURTHER, ORDERED, that it is hereby reaffirmed that the intent of the Town Board in adopting the initial benefit assessment formula set forth in the Map, Plan and Report is that any parcel of land that may be within the District but which has neither lake frontage nor lake access will not be assessed any benefit units or any benefit tax costs, and 3 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. Duly adopted this 2e day of September, 2012,by the following vote: AYES Mr. Montesi,Mr. Strough,Mr. Brewer,Mr. Stec, Mr. Metivier NOES : None ABSENT: None 4