05-24-2019 SPMTG#16
SPECIAL TOWN BOARD MEETING, 05-24-2019, MTG #16 734
SPECIAL TOWN BOARD MEETING MTG#16
TH
MAY 24, 2019 RES# 192-194
9:00AM
BOARD MEMBERS PRESENT
SUPERVISOR JOHN STROUGH
COUNCILMAN ANTHONY METIVIER
COUNCILWOMAN CATHERINE ATHERDEN
COUNCILWOMAN JENNIFER SWITZER
BOARD MEMBERS ABSENT
COUNCILMAN GEORGE FERONE
SUPERVISOR STROUGH-Called meeting to order….
RESOLUTION CALLING UPON THE STATE LEGISLATURE TO
ENACT LEGISLATION AUTHORIZING THE TOWN OF QUEENSBURY
TO DIMINISH THE GLEN LAKE AQUATIC PLANT GROWTH
CONTROL DISTRICT IN THE TOWN OF QUEENSBURY BY
REMOVING CERTAIN PARCELS PURSUANT TO TOWN LAW §202-c
RESOLUTION NO.: 192, 2019
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
WHEREAS, on October 3, 2011, the Queensbury Town Board duly adopted Final Order
No.: 305,2011 establishing the Glen Lake Aquatic Plant Growth Control District (the “District”)
in the Town of Queensbury, County of Warren and State of New York; said District being
established in accordance with Article 12-A of Town Law, and
WHEREAS, in accordance with such Order, a certified copy of such Order has or will be
recorded in the Warren County Clerk’s Office and a certified copy of such Order has been filed
with the State Department of Audit and Control, and
WHEREAS, in accordance with the Map, Plan and Report of the Glen Lake Aquatic Plant
Growth Control District it was the intention to only include lakefront and non-lakefront lake access
parcels that will benefit from improved water quality of the lake and management of invasive
species in Glen Lake, and
SPECIAL TOWN BOARD MEETING, 05-24-2019, MTG #16 735
WHEREAS, the Glen Lake Advisory Board has requested that the Town Board diminish
the boundaries of the Glen Lake Aquatic Plant Growth Control District in order to remove certain
parcels that do not have access to the lake and that, therefore, do not benefit from the improved
water quality of the lake management of invasive species, and
WHEREAS, the Town has reviewed Town Law §202-c and, more specifically §202-c(2),
regarding the “\[d\]issolution and diminishing area of certain districts” and has determined that in
order to diminish the Glen Lake Aquatic Plant Growth Control District by removing certain
parcels, the Town must seek special legislation in order to do so since the Town, on its own motion,
does not possess the legal authority to do so, and
WHEREAS, the owners of the following parcels of real property included in the Glen Lake
Aquatic Plant Growth Control District are not benefited by easements or rights of way to the shores
of Glen Lake and thus are not impacted by milfoil and other non-native, invasive aquatic plant
species in Glen Lake do not benefit from the improved water quality of the lake management of
invasive species:
EXPLANATION: See next pages. Parcels 1 through 4 were the result of a subdivision
creation that occurred after the formation of the District. None of the four parcels are
shoreside. None of the four parcels have lake access rights.
SPECIAL TOWN BOARD MEETING, 05-24-2019, MTG #16 736
Parcel 1: 31 Glen Lake Rd
Tax Map Parcel No.: 289.6-1-17.2, 31 Louise Lane, 1 acre.
Town of Queensbury, County of Warren, State of New York.
Special District Tax Paid 2017 (est.): $130.00
More particularly described in a deed from Mary L. Sicard and Linda L. Sicard to Mary
L. Sicard dated February 26, 2015 and recorded in the Warren County Clerk’s Office on
February 27, 2015 in Book 5119 of deeds at Page 77.
Lot 12. Tax Parcel 289.6-1-17.2. All that certain piece or parcel of land situate lying
and being in the Town of Queensbury, County of Warren and State of New York,
referenced as Lot 12 in a subdivision of land shown on a map entitled; “Residential
Subdivision Sicard Properties” as prepared by W. J. Rourke and dated March 2014
and filed in the Warren County Clerk’s Office on June 13, 2014 at Plat Cabinet C,
Slide 358 and being more particularly bound and described as follows:
Beginning at a point on the northerly bounds of lot 10 at the southeasterly corner
of lot 11, thence running the following two courses and distances along the easterly
then northerly bounds of lot 11; North 5 degrees 54 minutes 15 seconds East 104.80
feet, thence running North 86 degrees 2 minutes 45 seconds West 108.00 feet to a
point in the easterly bounds of Glen Lake Road, thence running, along the easterly
bounds of Glen Lake Road; North 6 degrees 28 minutes 36 seconds East 94.08 feet
to the southwesterly corner of lot 13, thence running, along the southerly bounds of
lot 13 South 86 degrees 58 minutes 15 seconds East 189.48 feet to a point being the
southeast corner of lot 13 and a southwesterly corner of lot 3, thence running the
following three courses along the southerly bounds of lot 3; South 86 degrees 58
minutes 15 seconds East 124.58 feet, then South 51 degrees 57 minutes 12 seconds
East 63.98 feet, then South 14 degrees 25 minutes 47 seconds West 26.62 feet to a
point being the northwesterly corner of lot 4, thence running, along the westerly
bounds of lot 4; South 14 degrees 25 minutes 47 seconds West 60.06 feet to a point
on the northerly bounds of lot 10, thence running, along the northerly bounds of lot
10 the following 4 courses and distances; North 50 degrees 14 minutes 46 seconds
West 103.93 feet, then North 87 degrees 9 minutes 19 seconds West 39.28 feet,
then South 13 degrees 42 minutes 18 seconds west 144.82 feet, then North 86
degrees 2 minutes 45 seconds West 102.86 feet to the point or place of beginning.
Said parcel of land to contain 1.003 acres of land more or less.
Special District Tax Paid 2017 (est.): $130.00
Parcel 2
Tax Map Parcel No.: 289.6-1-17.3, Glen Lake Road, 1.01 acre.
Town of Queensbury, County of Warren, State of New York
Special District Tax Paid 2017 (est.): $130.00
More particularly described in a deed from Charles O. Sicard to Charles O. Sicard and
Mary Sicard dated September 28, 1990 and recorded in the Warren County Clerk’s Office
on October 18, 1990 in Book 806 of Deeds at Page 189.
Lot 13. Tax Parcel 289.6-1-17.3. All that certain piece or parcel of land situate lying
and being in the Town of Queensbury, County of Warren and State of New York,
referenced as Lot 13 in a subdivision of land shown on a map entitled; “Residential
Subdivision Sicard Properties” as prepared by W. J. Rourke and dated March 2014
and filed in the Warren County Clerk’s Office on June 13, 2014 at Plat Cabinet C,
Slide 358 and being more particularly bound and described as follows:
SPECIAL TOWN BOARD MEETING, 05-24-2019, MTG #16 737
Beginning at a point on the easterly bounds of Glen Lake Road at the northwesterly
corner of lot 12, thence running, along the easterly bounds of Glen Lake Road;
North 6 degrees 28 minutes 36 seconds East 242.67 feet the point where the easterly
bounds of Glen Lake Road and the southerly bounds of Nacy Road intersect, said
point being the northwesterly corner of the lot herein described, thence running,
along the southerly bounds of Nacy Road; South 86 degrees 58 minutes 15 seconds
East 174.89 feet to the northwesterly corner of lot 3, thence running, along the
westerly bounds of lot 3; South 3 degrees 1 minute 45 seconds West 242.24 feet to
a point on the northerly bounds of lot 12, thence running, along the northerly
bounds of lot 12; North 86 degrees 58 minutes 15 seconds West 189.48 feet to the
point or place of beginning. Said parcel of land to contain 1.013 acres of land more
or less.
Parcel 3
Tax Map Parcel No.: 289.6-1-17.4, Nacy Road, .05 acre.
Town of Queensbury, County of Warren, State of New York
Special District Tax Paid 2017 (est.): $130.00
More particularly described in a deed from Charles O. Sicard to Charles O. Sicard and
Mary Sicard dated September 28, 1990 and recorded in the Warren County Clerk’s Office
on October 18, 1990 in Book 806 of Deeds at Page 189.
Lot 10. Tax Parcel 289.6-1-17.4. All that certain piece or parcel of land situate lying
and being in the Town of Queensbury, County of Warren and State of New York,
referenced as Lot 10 in a subdivision of land shown on a map entitled; “Residential
Subdivision Sicard Properties” as prepared by W. J. Rourke and dated March 2014
and filed in the Warren County Clerks Office on June 13, 2014 at Plat Cabinet C,
Slide 358 and being more particularly bound and described as follows:
Beginning, at a point in the northerly bounds of Nacy Road where the same
intersects with the easterly bounds of Glen Lake Road, thence running, along the
easterly bounds of Glen Lake Road; North 6 degrees, 28 minutes and 36 seconds
East 6.05 feet to the southwest corner of lands now or formerly of Godnick, thence
running, along the southerly bounds of Godnick; South 86 degrees 58 minutes 15
seconds East 378.01 feet to a point in the northerly bounds of Nacy Road, thence
running the following two courses and distances, along the northerly bounds of
Nacy Road; South 24 degrees 38 minutes and 45 seconds 6.49 feet, then North 86
degrees, 58 minutes 15 seconds West 375.98 feet to the point or place of beginning.
Said parcel of land to contain 0.052 acres of land more or less.
Parcel 4
Tax Map Parcel No.: 289.6-1-36. 30 Louise Lane. 0.19 acre.
Town of Queensbury, County of Warren, State of New York
Special District Tax Paid 2017 (est.): $130.00
More particularly described in a deed from Charles O. Sicard to Charles L. Sicard dated
December 21, 1993 and recorded in the Warren County Clerk’s Office on January 04,
1994 in Book 904 of Deeds at Page 309.
Lot 5. Tax Parcel 289.6-1-36. All that certain piece or parcel of land situate lying
and being in the Town of Queensbury, County of Warren and State of New York,
referenced as Lot 5 in a subdivision of land shown on a map entitled; “Residential
Subdivision Sicard Properties” as prepared by W. J. Rourke and dated March 2014
SPECIAL TOWN BOARD MEETING, 05-24-2019, MTG #16 738
and filed in the Warren County Clerk’s Office on June 13, 2014 at Plat Cabinet C,
Slide 358 and being more particularly bound and described as follows:
Beginning at a point on the northerly bounds of lot 10 and the southerly bounds of
lot 4 of the above referenced subdivision at the southwest corner of the parcel herein
being described, thence running the following three courses and distances along the
southerly bounds of lot 4; North 10 degrees 41 minutes 45 seconds East 74.08 feet,
then South 82 degrees 21 minutes 19 seconds East 120.81 feet, then South 21
degrees 26 minutes 15 seconds West 26.10 feet to a point on the northerly bounds
of said lot 10, thence running the following two courses and distances along the
northerly bounds of lot 10; South 21 degrees 26 minutes 15 seconds West 44.87
feet, then North 85 degrees 2 minutes 15 seconds West 107.95 feet to the point or
place of beginning. Said parcel of land to contain 0.187 acres of land more or less.
and
WHEREAS, it is the understanding of the Town that it does not have the authority to
remove Parcel 1, Parcel 2, Parcel 3 or Parcel 4, as described herein, from the Glen Lake Aquatic
Plant Growth Control District pursuant to Article 12-A of the Town Law, without special
legislation from the State, and
WHEREAS, there is no indebtedness, outstanding or unpaid, affecting the Glen Lake
Aquatic Plant Growth Control District,
NOW, THEREFORE, BE IT
RESOLVED, THAT:
Section 1. The Town hereby requests the State Legislature of the State of New York to
enact a statutory provision authorizing the Town of Queensbury to remove Parcel 1, Parcel 2,
Parcel 3 and Parcel 4, as more specifically described herein, from the Glen Lake Aquatic Plant
Growth Control District since the parcels of real property are not benefitted from the inclusion in
the District and are not under or bordered by Glen Lake or benefited by easements or rights of way
to the shores of Glen Lake in the Town of Queensbury, and thus are not impacted by milfoil and
other non-native, invasive aquatic plant species in Glen Lake and, therefore, do not benefit from
the improved water quality of the lake management of invasive species.
Section 2. The Town hereby calls upon the Governor of the State of New York, the New
York Senate Majority Leader, the New York State Assembly Speaker and the members of the State
Senate and State Assembly to take all necessary actions to adopt the foregoing.
SPECIAL TOWN BOARD MEETING, 05-24-2019, MTG #16 739
Section 3. The Town Board hereby authorizes the Town Clerk to deliver a certified copy
of this Resolution to any and all necessary persons in the New York State Senate and New York
State Assembly.
Section 4. This Resolution shall take effect immediately.
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Duly adopted this 24 day of May, 2019, by the following vote:
AYES: Mr. Metivier, Mrs. Atherden, Mrs. Switzer, Mr. Strough
NOES: None
ABSENT: Mr. Ferone
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
SPECIAL TOWN BOARD MEETING, 05-24-2019, MTG #16 740
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:
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
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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
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.
SPECIAL TOWN BOARD MEETING, 05-24-2019, MTG #16 741
OR:
______ The Resolution was not adopted by sufficient vote of the Town Board.
RESOLUTION ADJOURNING SPECIAL TOWN BOARD MEETING
RESOLUTION NO. 194, 2019
INTRODUCED BY: Mrs. Catherine Atherden
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Special Town
Board Meeting.
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Duly adopted this 24 day of May 2019, by the following vote:
AYES: Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden
NOES: None
ABSENT: Mr. Ferone
MINUTES PREPARED BY ROSE MELLON, DEPUTY TOWN CLERK I
Respectfully Submitted,
Caroline H. Barber
Town Clerk
Town of Queensbury