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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. th 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 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 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. th 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