082.2019 Authorizing Home Rule Request to State Legislature for Bill - Diminish Glen Lake Aquatic District RESOLUTION AUTHORIZING HOME RULE REQUEST TO
STATE LEGISLATURE FOR BILL AMENDING TOWN LAW TO
AUTHORIZE TOWN BOARD TO DIMINISH AREA OF
GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT
RESOLUTION NO.: 82,2019
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
WHEREAS, the Queensbury Town Board duly established the Glen Lake Aquatic Plant
Growth Control District pursuant to New York State Town Law for the benefit of the property
owners who border or otherwise have access to Glen Lake, and
WHEREAS, the boundaries of the District were described by using tax map parcel
identification numbers, and
WHEREAS, it appears that five parcels situated within the District do not benefit from
the improved water quality resulting from the management of invasive species, and
WHEREAS, the Town Board does not have the authority pursuant to Town Law Section
202-c to remove these parcels from the District on its own motion, and
WHEREAS, under Municipal Home Rule Law Section 40, the Town Supervisor with the
concurrence of the Town Board or the Town Board by a vote of 2/3 of its total voting power
without the approval of the Supervisor may request the State Legislature to pass a bill relating to
the property, affairs or government of the Town, and
WHEREAS, the Supervisor and the Town Board wish to request the State Legislature to
adopt special legislation so that the parcels of real property identified as not being benefitted by
the District can be removed from the District,
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN
OF QUEENSBURY, WARREN COUNTY, NEW YORK, AS FOLLOWS:
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Section 1. The Town Supervisor, Town Clerk and/or the Town Board are hereby
authorized and directed to execute and submit a Home Rule Requests to the State Legislature
substantially in the forms attached hereto requesting the State Legislature to adopt special
legislation identified as Senate Bill 5.2024 and Assembly Bill A.4539 so that the parcels of real
property identified as not being benefitted by the Glen Lake Aquatic Plant Growth Control
District can be removed from the District.
Section 2. Necessity exists for the enactment of the requested legislation because the
Town Board does not have the authority pursuant to Town Law Section 202-c to remove these
parcels from the District on its own motion.
Section 3. The Town Supervisor, Town Board, Town Assessor, Town Clerk and Town
Counsel are hereby authorized and directed to prepare and execute such other documents and
take such other and further actions as may be necessary or advisable in connection with
submission of such Home Rule Request to the State Legislature.
Section 4. This Resolution shall take effect immediately.
Section 4. The question of the adoption of this Resolution was duly put to a vote on roll
call on this 4 h day of March, 2019 which resulted as follows:
AYES: 4 NAYS: 0 ABSENT: 1
ROLL CALL
AYES: Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier
NAYS: None
ABSENT: Mrs. Atherden
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I, Caroline H. Barber, Town Clerk of the Town of Queensbury, Warren County, New York, do
hereby certify that I have compared the foregoing with the original resolution as listed above
adopted at a Regular meeting of the Town Board of the Town of Queensbury held on the 4 h day of
March, 2019 at which a quorum was present and that the same is a correct transcript there from and
of the whole original thereof to date.
IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said Town of Queensbury,
this 5 h day of March, 2019.
SEAL SIGNED:
Caroline H. Barber
Town Clerk
Town of Queensbury
X The Resolution was declared duly adopted by a vote of not less than two-thirds (2/3) of
the full membership of the Town Board and the request may be submitted to the State
Legislature by either the Town Board or by the Town Supervisor with the concurrence of the
Town Board.
OR:
The Resolution was declared duly adopted by a vote of not less than a majority of the
full membership of the Town Board and the request may be submitted to the State Legislature by
the Town Supervisor with the concurrence of the Town Board.
OR:
The Resolution was not adopted by sufficient vote of the Town Board.
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