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AGREEMENTS\Adirondack Park Local Government Review Board—1-7-19
RESOLUTION AUTHORIZING AGREEMENT WITH ADIRONDACK
PARK LOCAL GOVERNMENT REVIEW BOARD
RESOLUTION NO.: 12019
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Adirondack Park Local Government Review Board (Review Board) was
created by the New York State Legislature and is composed of representatives appointed by the
County Legislatures of those counties lying in whole or in part within the Adirondack Park, and
WHEREAS, the State Legislature provided only partial funding for the Review Board to
perform its statutory functions as set forth in Executive Law §803-a, and recently reduced such
funding by fifty-three percent (53%), and
WHEREAS, the Town of Queensbury wishes to provide $300 in funding to support the
Review Board's work in representing the interests of the Adirondacks' local governments, and
WHEREAS, a proposed Agreement between the Town and Review Board is presented at
this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the Town of
Queensbury to enter into the Agreement with the Adirondack Park Local Government Review
Board (Review Board) and authorizes and directs the Town Supervisor to sign such Agreement
substantially in the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs payment of$300 to the Review
Board as provided for in such Agreement, to be paid for from Miscellaneous Contractual
Account No.: 00 1-1220-4400, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget
Officer to amend the Town Budget and/or take any actions necessary to provide for such
payment, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor and/or
Town Budget Officer to execute any other needed documentation and take any other necessary
actions to effectuate the terms of this Resolution.
Duly adopted this 7fh day of January, 2019, by the following vote:
AYES
NOES
ABSENT:
AGREEMENT
THIS AGREEMENT made ,2018/19 between the TOWN OF
,hereinafter referred to as the TOWN, and the ADIRONDACK
PARK LOCAL GOVERNMENT REVIEW BOARD, a Board duly organized and existing
pursuant to the provisions of§803-a of the Executive Law of the State of New York, acting by
and through its duly appointed members, hereinafter referred to as the REVIEW BOARD.
WHEREAS,the REVIEW BOARD was created by the Legislature of the State of New
York and is composed of representatives appointed by the county legislatures of the counties
lying in whole or in part within the Adirondack Park; and
WHEREAS, the Legislature of the State of New York has provided only partial funding
for the REVIEW BOARD to perform its statutory functions as outlined in Executive Law §803-
a, and recently reduced that funding by 53%, and
55WHEREAS, the TOWN has authorized an appropriation in the sum of
Dollars($ ) in support of the work of the
REVIEW BOARD in representing the interests of the local governments of the Adirondacks;
and
NOW,THEREFORE, it is agreed as follows:
1. The TOWN agrees to pay to the REVIEW BOARD the sum of
Dollars($ )for the services of the
REVIEW BOARD in representing the TOWN in matters relating to the Adirondack Park.
2. The REVIEW BOARD agrees to provide to the TOWN the benefit of its services,
including but not limited to, attendance at meetings of the Adirondack Park Agency, attendance
and participation at public hearings conducted by the Adirondack Park Agency on projects and
state land classification under review by said Agency, periodic reports on the activities of the
Adirondack Park Agency to the Supervisor of the TOWN, especially as such activities affect the
residents of the TOWN,and generally to report on the administration and enforcement of the
Land Use and Development Plan set forth in the Executive Law of the State of New York.
THE TOWN OF
By , Supervisor
Date
ADIRONDACK PARK LOCAL GOVERNMENT
REVIEW BOARD
By FREDERICK H. MONROE Date
Executive Director
Executive Director Chairman
FREDERICK H.MONROE GERALD DELANEY
P.O.Box 579,Chestertown,NY 12817 326 Downs Road,Cady ville,NY 12918
1 t't l Tel:(518)494-3607 Fax:(518)494-5472 Tel:(518)569-7800
ADIRONDACK PARK
wchlLSYSRn�i+IRE-6Ily,byt lto fmonroe2@gmai1,com Councilmon4Vtownofsaranac.com
August 28, 2018 7
John Strou h i
Supervisor g
Town of Queensbury
742 Bay Road t,
Queensbury,NY 12804
Dear John:
Adirondack town and village funding of the Adirondack Park Local Government Review Board
has been instrumental in helping Adirondack communities by providing strong, unified, effective
representation on important Adirondack Park policy issues like recently adopted and needed amendments
to the"forever wild"clause of the New York State Constitution to address local government concerns,
state land tax payments, protection of property rights of pre-existing landowners, invasive species and
Adirondack Park Agency procedural and substantive reform. The Review Board helps provide factual
and legal research to legislators and policy makers and disseminates information through almost daily
emails, and periodic Op-Eds and Opinion pieces. Here are a few examples:
We worked again last year with our state legislators,the Adirondack Association of Towns and
Villages(AATV)and environmental groups on the required second passage of an amendment to
the forever wild clause ofthe NYS Constitution. The amendment allows local governments to
use a limited number of acres of forest preserve land for necessary highway and bridge safety
improvements, utility and broadband projects and other Necessary,municipal health and safety
projects. The amendment passed in a statewide vote last Fall.
We worked this year with our state legislators,the Adirondack Association of Towns and
Villages(AATV)and environmental groups to oppose the provision in Governor Cuomo's
proposed budget that would have converted state land tax payments to counties,towns and school
districts,from the current taxation as if privately owned based on assessed values,to a capped
payment in lieu of taxes. We believe that change would have ultimately been devastating for
Adirondack and Catskill municipalities. The legislature agreed and the provision was removed
from the finally adopted budget.
We attended and spoke at hearings throughout the state on the largest state land classification
package ever proposed by the Adirondack Park Agency. The final adopted classifications will
enable the DEC to meet most of our goals for the classified lands.
Current law allows the APA to pursue alleged violations by Adirondack landowners literally
forever. We believe that is unreasonable. We drafted a proposed bill which would create a
statute of limitations on alleged violations of the Adirondack Park Agency Act and Regulations.
Every special interest group in the Adirondacks has an influential,well-financed lobbying
organization in Albany. Local governments are not a special interest, but we must ensure that our voices—
and those of our constituents—are heard loud and clear.
Working closely with our state legislators, the Review Board is a critical information and
advocacy resource for Adirondack towns and villages—collecting and disseminating news media, state
agency and advocacy group information immediately to local officials while providing state leaders and
the news media with timely,accurate bulletins on the needs of Adirondack communities. We're in regular
communication with the APA, DEC,the Cuomo Administration, legislative leaders and statewide news
media organizations.
While there are literally dozens of issues the Review Board is working on, let me highlight two of
the most important:
1.Legislation to reform the APA's basis for subdivision jurisdiction. Current law requires
landowners to provide the APA with a title search establishing the chain of title of the parcel to be
subdivided back to May 22, 1973,and to document every sale from the 1973 parcel. That requires a
search of more than 45 years of deeds, while title standards require a search of only 40 years. The burden
and problem becomes worse each year. The Review Board and AATV are working together to revise the
law to base jurisdiction on lot size, rather than lot counting.
2.Legislation to create a statute of limitations on alleged violations of the APA Statute and
Regulations. Current law does not provide any statute of limitations protection for Adirondack
landowners. The APA is allowed to pursue alleged violations literally forever, and even if the alleged
violation occurred as early as 1973 by a former owner several owners back in the chain of title. The
Review Board believes that is wrong and must be corrected.
We need your help. Your assistance is crucial to our continued success this year and next.
The Review Board strives to keep expenses low while operating effectively on behalf of local
governments. Because of these continued efforts, we are requesting that, if you have not already funded
the Review Board in 2018,that you consider 2018 funding in the amount of$300 so we can continue our
critical work on your behalf,and budget the same amount in your 2019 budget.All of our futures may
depend on it.
If you require a contract, please sign and return the enclosed contract to me. I will return a signed
copy to you. If you have any questions or concerns,or there is something the Local Government Review
Board can do for you,please don't hesitate to call me at 518-796-2415
AreS,ielMonroe
xecutive Director
Eric: Review Board contract