Section 44-0107. Powers and duties of the council  


Latest version.
  • The council shall have the power:
        1. To make by-laws for the management and regulation of its affairs.
        2.  To  make and execute contracts and all other instruments necessary
      or convenient for the exercise of its powers and  functions  under  this
      article.
        3.  To  appoint  an executive officer, officers, agents and employees,
      and  prescribe  their  duties   and   qualifications   and   fix   their
      compensation.
        4.  To  utilize,  to  the extent feasible, the staff and facilities of
      existing state agencies, pursuant to an allocation to  be  made  by  the
      state division of the budget.
        5. To contract for professional and technical assistance and advice.
        6. To contract for and to accept assistance, including but not limited
      to  gifts,  grants,  or  loans  of  funds  or personal property from the
      federal government or any agency or instrumentality thereof, or from any
      agency or instrumentality of the state, or  from  any  other  public  or
      private source and to comply, subject to the provisions of this article,
      with  the terms and conditions thereof. Notwithstanding the provision of
      section eleven of the state finance law, the council may  accept  gifts,
      grants,  devises  and  bequests,  whether  conditional  or unconditional
      providing that any gifts, grants, devises  and  bequests  be  consistent
      with greenway criteria.
        7.   To  conduct  scientific,  environmental,  economic,  tourism  and
      cultural studies within the valley that  are  germane  to  the  greenway
      criteria.
        8. To annually review and update the recommendations of the governor's
      council  on  the  Hudson  river valley and prepare objectives to advance
      each of the five  greenway  criteria:  natural  and  cultural  resources
      protection,    regional   planning,   economic   development   including
      agriculture  and  urban  redevelopment,  public  access   and   heritage
      education.
        9.   To  review  and  comment  as  an  interested  agency  during  the
      environmental review process pursuant to article eight of  this  chapter
      on  proposed actions within the greenway, and upon the filing of a draft
      environmental impact statement for any such action to require  the  lead
      agency to conduct a hearing under article eight of this chapter.
        10.  To  review  and  comment on capital and long range plans of state
      agencies as they affect  the  criteria,  objectives  and  plans  of  the
      greenway.
        11.  To review and comment on actions pursuant to section seventy-five
      of the public lands law within the greenway for their  consistency  with
      the  public's right and interest in land under water for the purposes of
      navigation   and   commerce,   fishing,   bathing,   natural    resource
      conservation,  recreation  and access to the waters and lands underwater
      of the state.
        12. To review and comment upon the annual work plan submitted  by  the
      conservancy.
        13. To jointly designate and develop in agreement with the conservancy
      model  greenway  projects  to demonstrate the implementation of greenway
      planning  and  make  contracts  for  assistance  to  municipalities  and
      nonprofit entities within the greenway therefor.
        14.  To  designate multi-county planning districts or subregions based
      on environmental, economic and social factors linking counties,  cities,
      towns  and  villages and the recommendations of municipal officials from
      such counties and  their  political  subdivisions  for  the  purpose  of
      development  of  the  greenway compact, provided that the areas of Bronx
      and New York counties designated pursuant to  section  44-0109  of  this
    
      article  shall  be  deemed  to  be  a multi-county planning district and
      region and shall not be linked with any  other  county,  city,  town  or
      village in a multi-county planning district or region.
        15.  To make recommendations on expanding the geographical area of the
      greenway to include Washington county  and  the  remainder  of  Saratoga
      county.
        16.  To  encourage  individuals, corporations, associations and public
      entities to protect and preserve the unique resources  of  the  greenway
      and  make  grants  to  municipalities  and nonprofit entities within the
      greenway therefor.
        17. To make available or to cause to make available dispute resolution
      services for  conflicts  over  land  use  regulation  between  units  of
      government  and/or between interests including development, conservation
      and neighborhood interests upon request of all parties in dispute.
        18.  To organize and meet with a committee of county  planners  within
      the  greenway  regarding regional projects and the provision of planning
      services.
        19. To prepare an annual report on the conduct of its activities which
      shall include a recommended budget for the next year to be sent  to  the
      governor and the legislature.
        20. To exercise and perform such other powers and duties as shall have
      been or may be from time to time conferred by law.
        21.  To utilize the staff and facilities of existing local agencies to
      the extent that local agencies make them available.
        22. To take any actions necessary to carry out the  functions,  powers
      and duties imposed by this article.
        23.  To  purchase  the  maximum  insurance  coverage  practicable  and
      affordable from revenues in the fund, to be effective upon the  adoption
      by  a  community of a regional plan, from any duly authorized insurer in
      this state, against any liability of any participating community or  its
      agents that may result from its acquisition of land, consistent with its
      regional plan, or the adoption or implementation of any land use control
      including,  but  not  limited  to,  a zoning law or ordinance; provided,
      however, such insurance shall not apply to any such claim  that  results
      from  the  intentional  wrongdoing, recklessness, gross negligence or an
      unlawful discriminatory practice as provided in subdivisions two, two-a,
      three-b,  four,  paragraphs  (a)  and  (b)  of  subdivision   five   and
      subdivisions  six,  seven,  fourteen and eighteen of section two hundred
      ninety-six of the executive law and 42 U.S.C. § §  1981,  1983  by  such
      community  or  its  agents.  Except  with  respect to New York city, the
      council shall purchase  such  insurance  and  begin  coverage  upon  the
      adoption  by a community of a regional plan, and maintain such insurance
      for all participating communities.  Nothing  herein  shall  require  the
      council to purchase or provide coverage for New York city.