Loading...
4.24 4.24 AGREEMENTS\Adirondack Park Local Government Review Board—1-1-20 RESOLUTION AUTHORIZING AGREEMENT WITH ADIRONDACK PARK LOCAL GOVERNMENT REVIEW BOARD RESOLUTION NO.: ,2020 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 Pt day of January, 2020,by the following vote: AYES NOES ABSENT: • Executive Director Chairman Director of Communication Iil1!> Gerald W.Delaney Ron Moore Frederick H.Monroe 326 Downs Road P.O.Box 74 P.O.Box 579 AD1 RON DACK PARK Cadyville,NY 12918 North Hudson,NY 12855 Chestertown,NY 12817 LOCAL GOVERNMENT REVIEW BOARD 518-569-7800 518-586-1664 518-796-2415 gdelaneylgrb@gmail.com rmoorelgrb@gmail.com fmonroelgrb@gmail.com August 20,2019 Supervisor John Strough III Town of Queensbury 742 Bay Road 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 reVresentation on important Adirondack Park policy issues like recently adopted and needed amendments to the"forever vAd"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 Implementation language that was needed to pass the Senate and Assembly for the Constitutional amendment to the forever wild clause of the 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 in 2017. We worked this year with our state legislators, the Adirondack Association of Towns and Villages (AATV) and environmental groups on a Conservation Subdivision Design Bill. We attended many meetings, as this Conservation Design bill was a priority for some groups. It appeared at times the Conservation Design Bill could hold up other important Adirondack legislation. We negotiated lower open space limits than currently used by the APA. We were also able to negotiate Density Bonus lots, this will help offset some of the building rights lost to State Land acquisition and Conservation easements. We also have a way to transfer these Density Bonus rights to areas in the Town they were created. 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 CLINTON COUNTY i ESSEX COUNTY I FRANKLIN COUNTY I FULTON COUNTY i HAMILTON COUNTY i HERKIMER COUNTY LEWIS COUNTY I ST.LAWRENCE COUNTY I SARATOGA COUNTY I WARREN COUNTY I WASHINGTON COUNTY s 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 tide 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 2019, that you consider 2019 funding in the amount of$300 so we can continue our critical work on your behalf, and budget the same amount in your 2020 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 concems, or there is something the Local Government Review Board can do for you, please don't hesitate to call me at 518-569-7800. Sin rely, kGaral lExecutiveDr Enc: Review Board contract CUNTON COUNTY I ESSEX COUNTY I FRANKLIN COUNTY I FULTON COUNTY I HAMILTON COUNTY I HERKIMER COUNTY LEWIS COUNTY I ST.LAWRENCE COUNTY I SARATOGA COUNTY I WARREN COUNTY I WASHINGTON COUNTY AGREEMENT THIS AGREEMENT made , 2020 between the TOWN OF QUEENSBURY, 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 WHEREAS, the TOWN has authorized an appropriation in the sum of Three Hundred Dollars ($300) 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 Three Hundred Dollars ($300) 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 all meetings of the Adirondack Park Agency, attendance and participation at public hearings conducted by the Adirondack Park Agency on projects 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 QUEENSBURY By Supervisor THE ADIRONDACK PARK LOCAL GOVERN ME REVIEW OARD By Geii1d W. D laney Executive Director