Lake George Park Commission Meeting #372
January 27, 2009
Holiday Inn Lake George, NY


 

Presiding: Bruce E. Young, Chair

Commission Members Present: Thomas K. Conerty Thomas J. Morhouse Kenneth W. Parker Thomas W. Hall David G. Floyd Joe Stanek John McDonald John A Pettica

Commission Members Absent: James Kneeshaw

Commission Staff Present: Michael P. White, Executive Director Molly Gallagher, Environmental Analyst II Keith G. Fish, Operation’s Director Roger R. Smith, Conservation Operation’s Supervisor II Michelle D. Way, Commission Secretary

Commission Counsel Present: Martin Auffredou

Others Present:

George Weinschenk Kathy Simmes Peter Bauer Chris Navitsky David Cederstrom Brian Nearing Carol Collins Walt Lender George Greene Tony Hall

Item #1 - Introductions, Roll Call, Minutes of Previous Meeting: Bruce E. Young

The 372nd meeting of the Lake George Park Commission was called to order by Chairman Young at 10:10 a.m. and the roll was taken.

Chairman Young said that the minutes of the previous meeting were distributed in advance of this meeting to Commission members for their review. He asked if there were any corrections or submissions.

There being none, John McDonald made a motion to approve, seconded by Thomas Morhouse, the minutes of the previous meeting were approved as submitted.

Item #2 — Fiscal Actions Report for December 2008: Peggy Stevens

Chairman Young said that the Fiscal Actions Report for December 2008 has been submitted to the members for their review. He asked if any members had questions on the report. There were none.

On the motion of Thomas Morhouse, seconded by Kenneth Parker, all members present voting affirmatively, the December 2008 Fiscal Actions Report was approved as submitted.

Resolution 2009-01 — Mailings Made Easy

Thomas Conerty read and moved to approve Resolution 2009-01 which was seconded by Kenneth Parker. All Commission members present voted affirmatively.

WHEREAS the Lake George Park Commission sends out Applications to Annually Register Docks, Moorings and Boats, and

WHEREAS over 10,000 applications will be mailed, and

WHEREAS to economically process the mailings of these notices, the use of a mail pre-sort firm is utilized, and

NOW THEREFORE BE IT RESOLVED that the Chairman is hereby authorized to approve payment not to exceed $4600 for Mailings Made Easy of Glens Falls for postage, processing and bulk mailing of the 2009 Annual Registration forms.

Resolution 2009-03 — Purchase of Annual Decals

Thomas Conerty read and moved to approve Resolution 2009-03 which was seconded by Thomas Morhouse. All Commission members present voted affirmatively.

WHEREAS the Lake George Park Commission’s Internal Control Program sets forth the policy and procedures for Wharf, Mooring and Boat Registrations, and

WHEREAS the Internal Control Program procedures set forth that boat and wharf registration decals are important internal control documents necessary for the recording and audit of annual registration transactions, and

WHEREAS the Commission staff issued a request for quotation for the production and delivery cost of the 2009 annual boat and wharf decals, and

WHEREAS the purchase procedures for the 2009 annual boat and wharf decals have been conducted in accordance with the State Finance Law and the Commission’s Internal Control Program, and

NOW THEREFORE BE IT RESOLVED THAT the Commission approves the purchase of the 2009 boat and wharf decals not to exceed four thousand six hundred fifty dollars ($4,650.), and

FURTHER RESOLVES that the Chair is authorized to execute a purchase order for such 2009 boat and wharf decals consistent with the State Finance Law and Office of Standards and Purchase of the Office of General Services procurement guidelines.

Resolution 2009-04 — Newsletter Printing

Thomas Conerty read and moved to approve Resolution 2009-04 which was seconded by John McDonald. All Commission members present voted affirmatively.

WHEREAS the work outputs and goals of the Commission are reported to the users of Lake George and the general public through reports published by the Commission, and

WHEREAS the Commission wishes to continue with the tradition of printing and distributing both a Spring and Annual Report in 2009, and

WHEREAS Commission staff has prepared a written specification for the printing and delivery of both a four (4) page Spring Report and an eight (8) page Annual Report, and

WHEREAS Commission staff has received and reviewed written quotations for printing services and recommends Glens Falls Printing to fulfill the Commission’s need.

THEREFORE BE IT RESOLVED that the Commission accept the written quote provided by Glens Falls Printing for the printing of the 2009 Spring and Annual Report not to exceed $2,000.00 in total for both reports.

Item #3 — Project Review — Public Comments on Pending Applications and Project Review Resolutions: Molly Gallagher

Molly Gallagher read a prepared statement regarding the Project Review Procedures (attached).

Resolution 2009-02 — Project Review Actions Report

Thomas Morhouse read and moved to approve Resolution 2009-02 which was seconded by Dave Floyd, all members present voting affirmatively.

WHEREAS the Commission has received and reviewed the Project Review Actions Report prepared by staff and dated January 9, 2009, and

WHEREAS the Project Review Committee recommends acceptance of this month’s Project Review Report.

NOW THEREFORE BE IT RESOLVED that the Commission directs that the Project Review Report be incorporated in full in the minutes of the full Commission meeting.

Item #4 — Law Enforcement Committee Report: Thomas K. Conerty

Thomas Conerty said that a Law Enforcement meeting did occur. He said that on-going litigation was discussed.

Thomas Conerty read and moved to approve Resolution 2009-06 which was seconded by Thomas Morhouse and all Commission members present voted affirmatively to approve the resolution.

WHEREAS the Law Enforcement Committee met January 27, 2009 to review matters pertaining to the Lake George Park Commission’s Marine Patrol and the Commission's Law Enforcement Program, and

WHEREAS active Law Enforcement cases and their status were reviewed in Executive Session, and

WHEREAS the Law Enforcement Committee has reported on the results of that committee meeting at this full Commission meeting, and

WHEREAS the Law Enforcement Committee recommends acceptance of this month's Law Enforcement Report.

NOW THEREFORE BE IT RESOLVED that the Commission accepts the report of the Law Enforcement Committee.

Resolution 2009-07 — 2009 Annual Lake George Marine Patrol Report

Thomas Conerty read and moved to approve Resolution 2009-07 which was seconded by Dave Floyd. All Commission members present voted affirmatively.

WHEREAS the primary mission of the Lake George Park Commission’s Marine Patrol is to ensure the safety of all users of Lake George and to protect the lake’s bountiful resources, and

WHEREAS the Director of Law Enforcement has submitted the Lake George Park Commission Annual Marine Patrol Report for the 2008 year, and

WHEREAS the Law Enforcement Committee recommends acceptance of this report.

NOW THEREFORE BE IS RESOLVED that the Commission accepts the report of the Annual Marine Patrol Report for 2008.

Item #5 — Determination Whether or Not to Accept Draft Generic Environmental Impact Statement — Stream Corridor Management In the Lake George Park: Michael P. White

Chairman Young stated that the Commission is not enacting any regulations today. He said that today they are simply accepting a draft report — the Draft Generic Environmental Impact Statement.

Chairman Young spoke about several rumors that he has heard and read regarding the stream corridor regulations.

Mr. Young said that from his point of view, it is very evident that these regulations are needed. He said that the purpose is to help alleviate the sedimentation and pollution of something that we all enjoy. He said that anyone wishing to speak will have the chance to do so. He would like to make the process as fair and democratic as possible.

Mr. Young spoke about the study and mapping process that us underway that will depict the parcels that are directly affected by the regulations. He did note that the map will be updated from time to time when new streams are discovered.

Chairman Young invited any public participants in attendance who may wish to speak the opportunity to do so before the resolution to accept the draft is read.

Kathleen Simmes, Supervisor for the Town of Bolton said that 659 parcels in the Town of Bolton are affected by the regulations. She asked that she receive a list of the individuals affected so that she can notify them directly.

Chris Navitsky asked about a set date for the Stream Corridor Protection Public Hearing. He was told that the hearing was scheduled for February 24, 2009 at 11:00 a.m. at the Holiday Inn, Lake George, NY.

George Weinschenk asked the Commission if they have defined which properties have yet to be developed compared to the properties that are already developed.

Mr. Weinschenk said that you can not put the burden on the last percent of the people to correct all the problems. He wondered how much is left to be developed.

Peter Bauer, Executive Director for the Fund for Lake George, spoke about the survey mapping and draft regulations.

Michael White said that the map has already been completed and is available by contacting the Warren County Soil and Water Conservation District.

Peter Bauer spoke about additional stream locations that he feels should be added. He said that exact GPS coordinates should also be added.

Mr. Bauer said that he does not feel that the Commission has the option to enact regulations on stream protection and tree cutting.

Carol Collins said that in her view the Commissions time line to enact these regulations has already been exceeded. She said that she is very pleased to see how far we have become and believes that we are on the right track.

Carol Collins also spoke about the importance of intermittent streams.

Chairman Young said that we all know that the regulations are needed and are long overdue. He said that no specific date was ever given to the Commission.

Michael White said that the discussion needs to be set in the context of the severe limited resources the Commission has had. He said that the Milfoil program has been a financial burden on the Commission, had we not had to take this on maybe it would have been possible to have already completed this.

George Weinschenk said that not all streams have been identified — are you premature in adopting this today?

Chairman Young said that regulations will not be put out without first sending all the information to the Towns. He added that nothing the Commission is doing is written in stone.

Tony Hall asked if local governments would be required to pass a version of these regulations and then be required to enforce those regulations.

Chairman Young said that the process will be much like the stormwater regulations where the towns are given an opportunity to adopt the regulations and enforce them or the Park Commission will.

Thomas Conerty read and moved to approve Resolution 2009-05 which was seconded by Thomas Morhouse and all Commission members present voted affirmatively.

WHEREAS the Commission has reviewed a Draft Generic Environmental Impact Statement (DGEIS) for Stream Corridor Protection within the Lake George Park and found it to be complete and acceptable for public review and comment, and

WHEREAS the Commission has reviewed a Notice of Completion of the DGEIS and has determined to hold a public hearing on February 24, 2009.

NOW THEREFORE BE IT RESOLVED that the Commission determines to accept the DGEIS as complete and to adopt the Notice of Completion and Notice of Hearing, and

BE IT FURTHER RESOLVED that the Chair, Counsel and Executive Director are authorized to publish the Notice of Completion and to take such other actions they deem necessary to comply with the State Environmental Quality Review Act and to provide for conduct of the public hearing.

Item #5 — Public Comments

Lake George Waterkeeper

Chris Navitsky spoke about some stormwater issues that he has found. He said that the stormwater regulations only do a good job if they are enforced.

Chris Navitsky spoke about the concerns he has with the way the Town of Lake George approves projects. He said that the Lake George Park Commission has the obligation and the need to oversee the towns.

Item #6 — Adjournment

There being no further business, on the motion of Thomas Conerty, seconded by Kenneth Parker the meeting was adjourned at 11:40 p.m.

Respectfully submitted,

Michelle D. Way

Secretary’s Note: The next Commission meeting is scheduled for Tuesday, February 24, 2009, 10:00 a.m. at the Holiday Inn, Route 9, Canada Street, Lake George, NY.

A Public Hearing is scheduled to be held on Tuesday, February 24, 2009, 11:00 a.m. at the Holiday Inn, Route 9, Canada Street, Lake George, NY.