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193.2019 Home Rule Request- Glen Lake 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.: 193, 2019 INTRODUCED BY: Mrs. Jennifer Switzer WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden 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 four 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, 1 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, AS FOLLOWS: Section 1. The Town Supervisor, Town Clerk and/or the Town Board are hereby authorized and directed to execute and submit a Home Rule Request to the State Legislature substantially in the forms attached hereto requesting the State Legislature to adopt special legislation identified as Senate Bill S.2024A and Assembly Bill A.4539A 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 th call on this 24 day of May, 2019 which resulted as follows: AYES: 4 NAYS: 0 ABSENT: 1 ROLL CALL AYES: Mrs. Atherden, Mrs. Switzer, Mr. Strough, Mr. Metivier NAYS: None ABSENT: Mr. Ferone ___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 2 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. 3